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9.76.010. Definitions

            (1)        "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.

            (2)        "Disseminate" means to transfer possession of, with or without consideration.

            (3)        "Knowingly" means having general knowledge of, or reason to know, or belief or ground for belief, which warrants further inspection or inquiry of the character and content of any material described herein, which is reasonably susceptible to examination by the defendant; or, if applicable, the age of a minor, provided, however, that an honest mistake shall continue to excuse a defendant from liability hereunder if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minors.

            (4)        "Material" means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, or machines.

            (5)        "Nudity" means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breasts with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered or uncovered male genitals in a discernible turgid state.

            (6)        "Obscene" means that to the average person applying contemporary community standards:

                        (a)        The predominant appeal of the matter taken as a whole, is to prurient interest; i.e. a shameful or morbid interest in sexual conduct, nudity, or excretion;

                        (b)        The matter depicts or describes in a patently offensive manner sexual conduct, nudity, or excretion; and

                        (c)        The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

            (7)        "Performance" means any preview, play, show, skit, film, dance, or other exhibition performed before an audience.

            (8)        "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

            (9)        "Pornographic" means any material or performance, which meets the definition of obscene.

            (10)      "Promote" means to cause, permit, procure, counsel, or assist.

            (11)      "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining.

Ord. No.97-35, Recodified, 6/19/1997

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