§ 11.28.120. Location of certain businesses restricted near places frequented by minors.

A.

It is unlawful for any individual, firm, corporation, association, partnership, copartnership, or any other organization of any character whatsoever to exhibit, within six hundred feet of any kindergarten, nursery schools, parks and playgrounds, dwelling for one or two families and places of worship, any motion picture or live performance, admission to which is denied by the exhibitor or prohibited by law to persons under eighteen years of age.

1.

The violation of this subsection is declared to be a misdemeanor and any person, firm or corporation, upon being found guilty of such violation shall be fined fifty dollars for each offense.

2.

Each separate exhibition of the same motion picture, or each separate occurrence of each live performance in violation of this subsection, shall constitute a separate offense.

3.

There shall be excluded from this subsection any establishments under the provision of the beer and liquor ordinances.

B.

It is unlawful for any individual, firm, corporation, association, partnership, copartnership, or any other organization of any character whatsoever which operates a business establishment within six hundred feet of any kindergarten, nursery schools, parks and playgrounds, dwelling for one or two families and places of worship to have on its premises coin-operated machines exhibiting still or moving pictures, or where any circular, poster, handbill, newspaper, magazine, picture, record or book is sold, offered for sale, distributed, exhibited or displayed if admission to such establishment, or the sale of any of the above items to persons under eighteen years of age is denied by the operator of the business establishment or prohibited by law.

1.

The violation of this subsection of this section shall be declared a misdemeanor and any person, firm or corporation upon being found guilty of such violation shall be fined fifty dollars for each offense.

2.

Every day any violation of this subsection of this section shall continue shall constitute a separate offense.

3.

There shall be excluded from this subsection any establishments under the provisions of the beer and liquor ordinances.

C.

In determining the distance between a kindergarten, nursery schools, parks and playgrounds, dwelling for one or two families and places of worship and a business establishment or place of exhibition for the purposes of this section, the distance shall be measured from the center of the entrance of the kindergarten, nursery schools, parks and playgrounds, dwelling for one or two families and places of worship nearest to the business establishment or place of exhibition in a straight line to the center of the entrance nearest to the kindergarten, nursery schools, parks and playgrounds, dwelling for one or two families and places of worship of such business establishment or place of exhibition.

(Ord. BL2017-654 § 9, 2017; prior code § 29-1-41.3)