HomeMy WebLinkAbout90-05 - Requirement of "Blinder Racks" on Vending Machines Containing Material Harmful to MinorsORDINANCE NO. 90-5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
TITLE 11, CHAPTER VI OF THE COSTA MESA
MUNICIPAL CODE TO REQUIRE "BLINDER RACKS"
ON VENDING MACHINES CONTAINING MATERIAL
HARMFUL TO MINORS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1.
WHEREAS, the State Legislature has recently authorized
cities to more strictly regulate the sale of material that is
harmful to minors in newsracks by allowing the requirement of
"blinder racks" to obscure harmful materials on view in the
newsracks; and
WHEREAS, the City Council is committed in the efforts to
keep pornography out of the hands of children and therefore
exercises its authority to add this new regulation to its vending
machine ordinance.
ACCORDINGLY, the City Council of the City of Costa Mesa
hereby adds Section 11-111 to Chapter VI, Title 11 of the Costa
Mesa Municipal Code as set forth below.
Section 2.
"Sec.11-111. Display of material harmful to minors.
No person shall display or exhibit in any vending machine in
any public place, other than a location from which minors are
excluded, any material which is harmful to minors unless a device
commonly known as a "blinder rack" is placed in front of the
materials or the material is otherwise displayed or exhibited so
that the lower two-thirds thereof is not exposed to public view.
For the purposes of this section, "harmful matter" is as defined
in California Penal Code Section 313 as currently in effect and
as may be amended"
Section 3.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before
the expiration of fifteen (15) days after its passage, shall be
published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this Zioct_day of\\)) 1990
Mayor of the City/ , of Costa Mesa
&
ATTEST:
APPROVED AS TO FORM:
Ci y Clerk
of the City of C V
sta Mesa City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 90-5 was introduced and
considered section byn�� ction at regular meeting of said City
Council held on the 16� day of 1990, and
thereafter passed and adopted as a who a at a regular meeting of
said City Council held on the �i.da of 1990,
by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:n-.--
IN WITNESS WHEREOF, I have hereunto set my hand an affixed
the Seal of the City of Costa Mesa this ,2Akhay of
1990.
City Clerk and ex-officiork of
the City of Costa Mesa