[HISTORY: Adopted by the City Council of the City of Garfield 11-7-1979 by Ord. No. 1707 (Ch. 76 of the 1979 Code). Amendments noted where applicable.]
A. 
The purpose of this chapter is to control and regulate the distribution, sale, circulation and exposure of magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploration of sexual acts, normal or perverted, lust, passion, depravity, nudity, immorality and the distribution and sale of devices, implements and other materials designed to sexually stimulate.
B. 
It is further declared that the operation of any establishment, public or private, as a massage parlor, bath parlor or any similar type of business where any physical contact with the recipient of such service is provided by a person of the opposite sex is a matter of public concern, and the provisions hereinafter described are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOK STORE
Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in this section.
OBSCENE
That which to the average person, applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest. Any magazine, picture, drawing, photograph or other publication and any mechanical or electronic gadget, implement or device designed to sexually stimulate shall be "obscene" within the meaning of this chapter if it is established that:
A. 
The dominant theme of the material taken as a whole appeals to the prurient interest;
B. 
The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and
C. 
The material is utterly without redeeming social value or the work taken as a whole lacks serious artistic, literary, political or scientific value.
PERSON
Any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this state.
A. 
It shall be unlawful for any person, as defined herein, to:
(1) 
Operate any establishment, regardless of whether it is a public or private facility, as a massage parlor, bath parlor or any similar type of business where any physical contact with the recipient of such service is provided, thereby resulting in sexual conduct.
(2) 
Use or occupy any building, structure or premises as an adult bookstore, as herein defined.
B. 
It shall not be a violation of this chapter to sell magazines that may fall within the prohibitions of this chapter, provided that they are not openly exposed to public view.
A. 
Any person, as defined above, who shall violate any of the prohibitions of § 64-3 shall, upon conviction, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days for each and every offense.
[Amended 4-25-2006 by Ord. No. 2457]
B. 
A violation of § 64-3A(1) shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
C. 
Every day that the provisions of this chapter are violated by any person, as defined herein, shall be a separate and distinct violation of this chapter.