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Ordinance 2725CITY OF ALEDA ORDINANCE NO. New Series 2725 AMENDING THE ALEDA MUICIPAL CODE BY ADDING A NEW ARTICLE VI (DISPLAY OF HAFUL MATTER) SECTION 4-38 (DISPLAY OF HAFUL MATTER IN. PUBLIC AREAS AN COMMERCIAL ESTABLISHMENTS) TO CHAPTER IV (OFFENSES AND PUBLIC SAFETY), THEREOF PERTAINING TO DISPLAY OF HAFUL MATTER, AND REPEALING ORDINANCE NO. 2723 PERTAINING TO NEWSPAPER AND PERIODICAL VENDING MACHINES WHEREAS, the City Council finds that the exposure of harmful matter in news racks and inside of commercial establishments to minors is prevalent and that such exposure is detrimental to the heal th, safety and welfare and WHEREAS, it is the purpose of this ordinance to exercise the authority granted to cities pursuant to California Penal Code section 313.(d) to require any display of harmful matter in newsracks or in the interior of commercial establishments, other than places from which minors are excluded , to have blinder racks over the harmful matter. NOW , THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended by adding a new Section 4-38 (Display of Harmful Matter in Public Places and Commercial Establishments) to a new Article VI (Display of Harmful Matter) Chapter IV (Offenses and Public Safety), thereof to read: DISPLAY OF HAFUL MATTER IN PUBLIC PLACES AN COMMRCIAL ESTABLISHMNTS. 38.Defini tions . As used in this Article: Adul ts-only area shall mean an area from which minors are excluded. Blinder rack shall mean a opaque device, display unit or other method which completely conceals any harmful matter. Commercial establishment shall mean the interior of any place of business open to the public in which minors are permitted. Harmful matter and matter shall mean and is defined as in California Penal Code section 313 as said section now exists or may from time to time be amended. Minor shall mean any natural person under 18 years of age. Newsrack shall mean any self -service or coin-operated box, container, storage unit , or other dispenser installed , used or maintained for the display and sale or distribution of newspapers, periodicals or other publications. Public place shall mean and includes any public right-of- way or property owned or coritrolled by a public agency, or any outdoor private property which is open to the public. 38.Blinder Racks Required.a. No harmful matter shall be displayed in news racks ina public place, other than a public place from which minors are excluded , unless blinder racks are placed in front of the harmful matter so that the lower two-thirds of the harmful matter is not exposed to view.b. No harmful matter shall be displayed in a commercial establishment, other than in commercial establishments from which minors are excluded, unless blinder racks are placed in front of the harmful matter so that the lower two- thirds of the harmful matter is not exposed to view. 38.Display of Harmful Matter in Commercial Establishments. Display of harmful matter in commercial establishments in which minors are permitted is limited to any adults-only area subj ect to the following conditions:1. The adults -only area shall be clearly posted for adults only; and 2. No minors shall be permitted to enter the adults-only area; and to the 3. The entrance to the operator or staff of such4. The harmful matteras to be readily visible adults-only area shall be visible commercial establishment and shall not be displayed in such a from outside of the adults-onlymanner area. 38.Viola tions . It shall be unlawful to display harmful matter contrary to this section. Section 2 Ordinance No. 2723 is hereby repealed inits entirety. Section 22 -7 of the Alameda Municipal Code shall remain in full force and effect as if Ordinance No. 2723 was never adopted. Section 3 . This ordinance shall be in full force and effect from and after the expir ion of thirty (30) days from the date of its final passage. preS ic.nCil Ci ty Clerk I, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of June , 1996 , by the following vote to wit: AYES:Councilmembers Arnerich , DeWitt , Lucas, Mannix and President Appezzato - NOES:None. ABSENT:None. ABSENTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of June , 1996. Dian City