Are there restrictions that apply to the sale of adult videos and adult magazines?
Yes. Any person who sells, rents, gives or shows harmful matter to a person under age 18 is guilty of a misdemeanor. Harmful matter includes, but is not limited to, a book, magazine, newspaper, or video tape that ". . . depicts or describes in a patently offensive way sexual conduct and lacks serious literary, artistic, political, or scientific value for minors." If a licensee sells or rents videos of harmful matter, he must create an area within the licensed premises for the placement of the videos and label it, "Adults Only." If a licensee sells books or magazines of harmful matter, he should contact the local police or sheriff's department to find out what local ordinances may apply. Some cities and counties require "blinder racks" in front of such material. (Sections 313, 313.1 and 313.4 Penal Code)
