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From: DENNIS A. BARLOW
Sr. Asst. City Attorney
Subject: ADULT NEW:; RACKS
Dept:
Date: 10-14-88
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Synopsis of Previous Council action:
10/27/88 -- Recommended for adoption by Legislative Review Committee
Recommended motion:
Waive further reading of ordinance and layover for final adoption.
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Contact person: DENNIS BARLOW Phone: 5256
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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SAN
B ERN A
INTEROFFICE MEMORANDUM
TO:
Legislative Review Committee
FROM:
Dennis A. Barlow
Sr. Asst. City Attorney
DATE:
October 14, 1988
RE:
Adult News Racks (Blinder Racks)
Recently, the Mayor and Council have considered the
possibility of regulating adult news racks to protect minors from
the dissemination of such material. Due to the provisions of
Penal Code, Section 313.1, the Council was advised that the
proposed regulation was preempted by State 1 aw. However,
subsection (d) of Section 313.1 provides as follows:
.. (d) Nothing in this section invalidates or
prohibits the adoption of an ordinance by a
City, County, or City and County which
restricts the display of material which is
harmful to minors, as defined in this
Chapter, in a puOlic place, o~her than a
public place for which minors are excluded,
by requiring the placement of devices
commonly known as blinder racks in front of
the material, so that the lower two-thirds of
the material is not exposed to view."
The attached ordinance complies with what is allowed by the
statute.
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Dennis Barlow
Sr. Asst. City Attorney
DAB:cez
Attach.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70
TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER RACKS IN
FRONT OF DISPLAYS OF HARMFUL MATTER, AS DEFINED
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
Section 1. Chapter 9.70 is hereby added to the San
Bernardino Municipal Code to read as follows:
"Chapter 9.70
BLINDER RACKS FOR DISPLAYS OF HARMFUL MATTER REQUIREMENT
9.70.010. Requirement.
Any person who knowingly displays material
which is harmful to minors, as defined in
Penal Code Section 313, in a public place,
other than a public place for which minors
are excluded, shall place devices commonly
known as blinder racks in front of the
material, so that the lower two-thirds of
the material is not exposed to view.
9.70.020 Violation.
Violation of this Chapter is a misdemeanor."
I HEREBY CERTIFY that the foregoing ordinance was duly
21 Bernardino at a ______________ meeting thereof, held on the
adopted by the Mayor and Common Council of the City of San
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day of
, 1988, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
28 DAB:cez
9/28/88
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.70 TO
THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE BLINDER RACKS IN
FRONT OF DISPLAYS OF HARMFUL MATTER AS DEFINED.
City Clerk
The foregoing ordinance is hereby approved this ____ day of
, 1988.
EVLYN WILCOX, Mayor
City of San Bernardino
Approved as to form
and legal content:
f1. -" 1/
\ u:-.~.,,? t-u..,,--......
ty Attorney
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