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(1) “Distribute” means to transfer possession, temporarily or permanently, of sex paraphernalia, whether with or without consideration, and includes the permitting of minors to handle sex paraphernalia.

(2) “Minor” means any unmarried person who has not attained his or her 18th birthday.

(3) “Person” includes a natural person, firm, association, partnership or corporation. It does not include a minor’s parent or legal guardian.

(4) “Sex paraphernalia” means any item, device or product, such as vibrators, flavored or unflavored lotions, pills or other substances designed for internal consumption, sprays, creams, oils, lubricants, pillows or other products shaped or made to resemble male or female genitals, buttocks or developed female breasts which are manufactured or designed to be used for sexual stimulation, sexual arousal, enhancing or prolonging sexual activity or as an adult novelty item, including, but not limited to, such items commonly known as vibrators, dildos, Spanish fly, edible underwear, ben wa balls and edible body lotions. It does not include any device, appliance or pill designed for birth control or any movie, book, magazine or other communicative material protected by the First Amendment of the United States Constitution.

(5) “Display publicly” means the exposing, placing, posting, exhibiting or displaying, in any fashion and in any location, whether public or private, of an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, place or vehicle.

(6) “Promote” means to manufacture, issue, transmit, publish, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

(7) “Sexual device” means any item, device or product, including, but not limited to, dildos, vibrators, artificial vaginas, Spanish fly, ben wa balls, pillows or other products shaped or made to resemble male or female genitals, buttocks, or developed female breasts, edible underwear, flavored or unflavored edible body lotion or other substance designed for internal consumption or any other item, device or product manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity.

(8) “Knowingly” means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter or if the failure to inspect is for the purpose of avoiding such disclosure.

(Ord. No. 18-07 Repealed & Replaced 03/27/2018)