Ordinance - 2131ORDINANCE NO. 2131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST
COVINA MUNICIPAL CODE TO ADD ARTICLE XII REGULATING
THE DISPLAY IN PUBLIC PLACES OF MATERIAL WHICH IS
. HARMFUL TO MINORS
WHEREAS, the City Council of the City of West Covina finds and declares that there
has been an increase in the display of harmful material at grocery stores, convenience stores,
drug stores and other retail outlets within the City of West Covina; and
WHEREAS, the City Council of the City of West Covina further finds and declares that
this harmful matter is often displayed in easy view of, and readily accessible to, minors; and
WHEREAS, with limited exceptions, the Legislature has preempted local regulation of
the sale or display of harmful matters to minors; and
WHEREAS, the Legislature has authorized cities to adopt an ordinance prohibiting the
display of material which is harmful to minors in a public place, except areas from which minors
are excluded, unless the material is covered by devices commonly known as blinder racks; and
WHEREAS, this ordinance reflects the full extent of the authority given to the City of
West Covina by the State relative to the regulation of harmful matter, and is a reasonable
regulation on the time, place and manner in which harmful matter may be displayed.
NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION 15-400. Definitions.
The following definitions apply to this Article:
"Harmful matter" shall be defined as specified in California Penal Code section 313(a);
"Matter" shall be defined as specified in California Penal Code section 313(b);
"Person" shall mean any individual, partnership, firm, association, corporation, limited
liability company, or other legal entity;
"Knowingly" shall mean being aware of the character of the matter;
"Exhibit" shall mean to show or display to members of the public;
"Minor" shall mean any natural person under eighteen (18) years of age.
SECTION 15-401. Prohibition.
a. No person shall knowingly exhibit harmful matter in any public place unless
blinder racks or covers have been placed in front of the matter, so that the lower two-
thirds of the matter is not exposed to public view.
is
b. The provisions of this section shall not apply to display of harmful matter in any
public place from which minors are excluded.
Ord. No. 2131
April 19, 2005
•
SECTION 15-402. Enforcement.
a. Any violation of this Article shall be punishable as a misdemeanor in accordance
with the provisions of Article I, section 1-37 of the West Covina Municipal Code.
b. In addition, the City Attorney may institute an action in any court of competent
jurisdiction to restrain, enjoin, or abate any condition found to be in violation of this
section.
SECTION 15-403. Copy of Ordinance to Businesses Handling Harmful Matter.
Upon adoption, a copy of this Ordinance shall be forwarded to all businesses in the City
of West Covina who may handle "harmful matter" as defined in section 15-400 of this
Article.
SECTION 15-404.
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to
be published as required by law.
PASSED AND APPROVED on this 19'h day of April 2005.
y r Shelley Sanderson
ATTEST:
ZL, - ", I 'act
City Clerk Laurie =co J?
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 5ch day of April 2005. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 19`h day of April
2005, by the following vote:
AYES:
Herfert, Hernandez, Miller,
NOES:
None
ABSENT:
None
ABSTAIN:
None
9 APPROVED AS TO FORM:
f N' -
City Attorney nold Alvarez-Glasman
Wong, Sanderson
yV,,,y4,4 il, , .4
City Clerk Labrie Carrico ti
Office of the City Clerk
June 7, 2005
((Company))
aAddressl»
West Covina, California ((PostalCode))
Re: Ordinance No. 2131
Regulating the Display in Public Places of Material which is Harmful to Minors
Dear West Covina Business:
The enclosed Ordinance was adopted by the City Council of the City of West Covina, California, on
April 19, 2005. Ordinance No. 2131 became effective May 19, 2005, and regulates the display in
public places of material which is harmful to minors.
Sincerely,
Sue Rush, Assistant City Clerk
Enc: Ordinance No. 2131
1444 West Garvey Avenue South • West Covina, CA 91790
Telephone (626) 939-8433 • Facsimile (626) 939-8682
•
Company
7-Eleven
Rhea's Quick Stop Mini Mart
Seafood City Supermarket
Stater Bros Markets
Food 4 Less
7-Eleven
Claro's Italian Market, Inc
Marukai Market
Hong Kong Supermarket
D Sol Drive Thm Market
R K Mini Mart, Inc
7-Eleven
Super Market
Max Foods
Albertsons
Vons Grocery Co
Stater Bros Market
Spencer Gifts
Tower Records
Longs Drugs
Longs Drugs
Chantry's Pantry Liquor
Rite Aid
Island Pacific Supermarket
Hop Fong Market
Grand Creek Liquor
Liquor Plus
The Bookmarket
Barnes & Noble Booksellers
A Great Read
Roxie's Book Nook
Evergreen Books Of West Covina
Big Bob's Liquor Store
Haig's Liquor
B & B Food Market
Stone Liquor
Good Neighbor Liquor Market
Circle A Liquor
Jug & Jigger
Leprechaun Liquor
Royal Freeway Liquor
Ranch Town Market
Jerry's House Of Spirit
Pacific Liquor
Keg Liquor
777 Liquor Market
Addressl
2887 East Valley Boulevard
1555 East Amax Road, #A
1525 East Amax Road
375 North Azusa Avenue
615 North Azusa Avenue
1347 South Azusa Avenue, #A
322 South Glendora Avenue
1420 South Azusa Avenue
987 South Glendora Avenue
310 South Vincent Avenue, #F
605 East Francisquito Avenue
1319 West Merced Avenue
551 East Francisquito Avenue
1320 West Francisquito Avenue
2630 East Workman Avenue
777 South Glendora Avenue
1025 East Amax Road
733 Plaza Drive
1205 Plaza Drive
2700 East Workman Avenue
727 South Glendora Avenue
1005 East Amax Road
1528 East Amar Road
1512 East Amar Road
1222 West Francisquito Avenue
100 North Grand Avenue
1535 East Amar Road
1036 West West Covina Parkway
960 Lakes Drive
154 South Glendora Avenue
1921 West Badillo Street
989 South Glendora Avenue, #10
1413 West Puente Avenue
1230 West Francisquito Avenue
1131 South Glendora Avenue
1211 South Glendora Avenue
430 North Azusa Avenue
172 South Glendora Avenue
2650 East Garvey Avenue
334 North Azusa Avenue
130 North Vincent Avenue
522 East Vine Avenue
944 West West Covina Parkway
2017 West Pacific Avenue
1915 West San Bernardino Road
2530 East Workman Avenue
PostalCode
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