§ 86-2. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    ADULT BOOKSTORE
    Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in definition of "obscene" herein.
    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.