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Copyright © 1988: City of St. John's,
St. John's, Newfoundland, Canada
Important Information
(Includes disclaimer and copyright information and details about the availability of printed and electronic versions of the By-Laws.) |
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Pursuant to the powers vested in it by Section 229.1 of the City of St. John's Act, Chapter 40, Revised Statutes of Newfoundland, 1970 as amended, and all other powers it enabling, the St. John's Municipal Council in regular session convened on the 5th day of October, 1988 hereby passes and enacts the following Regulations governing the display of adult materials.
REGULATIONS
1. These regulations may be cited as The Adult Materials Display Regulations.
2. In these regulations
(a) "adult book" means any book or magazine of which a principal feature or characteristic is the portrayal or depiction, by means of photographs, drawings, or otherwise, of one or more of the specified sexual activities of one or more of the specified body areas when portrayed or depicted in relation to one or more of the specified sexual activities;
(b) "adult video cassette" means any prerecorded magnetic tape including any video cassette of which a principal feature or characteristic is the portrayal or depiction, by means of photographs, drawings, or otherwise, of one or more of the specified sexual activities of one or more of the specified body areas when portrayed or depicted in relation to one or more of the specified sexual activities and includes a cover, case or any printed matter respecting the video cassette whether or not the cassette is in it, with it, or attached to it:
(c) "provides"
(i) when used in relation to any adult book means sells, offers to sell or displays for sale by retail or otherwise such book, and
(ii) when used in relation to any adult video cassette, means sells, offers to sell or displays for sale by retail or rents, offers to rent or displays for rental,
and "provided" and "provision" have corresponding meanings.
(d) "shop" means any place or premises where, in whole or in part, printed matter or films on videotape are provided to the public;
(e) "specified body areas" means
(i) in the case of a female person, her breasts and
(ii) in the case of all persons, the pubis, the genital organs or the buttocks; and
(f) "specified sexual activity" means one or more of the following: actual or simulated sexual intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal intercourse, and oral sexual intercourse, direct physical stimulation of unclothed genital organs, and flagellation or torture in the context of a sexual relationship or activity.
3. (1) Where a shop carries on, as its principal business, the provision or display of adult books or adult video cassettes, the owner or operator of such shop shall not permit any person under the age of nineteen (19) years to enter or remain in the said shop.
(2) Every person who is the owner or operator of a shop referred to in subsection (1) shall post and keep posted signs:
(a) at every entrance to such shop sufficient to indicate clearly to any person approaching or entering the shop; and
(b) in a prominent location inside such shop sufficient to indicate clearly to any person approaching, entering or in the shop
that no person under the age of nineteen (19) years is permitted to enter or remain in such shop or any part thereof.
4. Where a shop provides or displays, otherwise than as its principal business, adult books or adult video cassettes, the owner or operator shall ensure that
(a) no adult book or adult video cassette shall be displayed at a height of less than one point five metres (1.5m) above the floor level, and
(b) every adult book or adult video cassette provided or displayed in such shop shall be placed behind an opaque barrier of a size and nature which shall ensure that the cover of every adult book or adult video cassette while so displayed, except for the name or title thereof, may not be seen by any member of the public, and
(c) every adult book shall be firmly enclosed and sealed in clear plastic in a manner so that it shall not be opened without breaking the seal.
5. Any person who operates a shop referred to in section 3 and who complies with the requirements therein is not required to comply with section 4.
6. Where a person provides adult books or adult video cassettes and has a window display or other visual display in relation to those books or cassettes, that person shall comply with paragraphs (b) and (c) of section 4 with respect to the display.
7. In these regulations, the word "adult" means "pornographic" for the purposes of section 229.1 of The City of St. John's Act.
8. Any person who contravenes the provisions of these Regulations shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act. (Amended 11/05/2007; #1508) |
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