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1978-06Bill 1978-6 AMENDMENT TO CHAPTER X, PART III OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter X, Part III of the Ordinance Code of the City of Richfield is hereby amended by adding after Section 10.24 thereof, the following new section: "10.25. PUBLIC DISPLAY TO MINORS. Subdivision 1. Definitions. As used in this section, the terms defined herein shall have the following meanings ascribed to them; 1. 'Description or depiction of illicit sex or immorality' means: a. Human genitals in a state of sexual stimulation or arousal. b. Acts of human masturbation, sexual intercourse or sodomy. c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. 2. 'Nude or partially denuded figures' means: a. Less than completely and opaquely covered human genitals, pubic areas, buttocks, and female breast below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 3. 'Knowingly' means having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose the content and character of the same. fl. Subd. 2. No person shall knowingly display to public view at any business establishment frequented by minors under the age of 18 years or where minors are or may be invited as a part of the general public, any motion picture, or any still picture, or any photograph, or any book, pocketbook, pamphlet or magazine the cover or content of which, exploits, is devoted to, or is principally made up of sexual immorality or which is lewd, lascivious, or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or exploit sex, lust or perversion for commercial gain or any article or instrument of indecent or immoral use. Subd. 3. The provisions of Minnesota Statutes, Sections 617.291 through 617.297, 'The Dissemination of Harmful Materials to Minors', are hereby adopted by reference and made a part of this Code as fully set forth herein." Passed by the City Council of the City of Richfield, Minnesota, this 13th day of March, 1978. 1 ATTEST: Thomas J. ran City Clerk (OHicial Publication) LEGAL NOTICE Bill 1978-6 AMENDMENT TO CHAPTER X, sUN NEWSPA PER~ PART III OF THE ORDINANCE . CODE OF THE CITY OF RICHFIELD AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD DOES OR- DAIN: Chapter X. Part III of the Ordi- nance Code of the City of Richfield is hereby amended by adding after Sec- tion 10.24 thereof. the following new D U~ R section: I C~ H F I E L~ ~;~~ "10.25. PUBLIC DISPLAY TO MINORS. Subdivision 1. Definitions. As used in this section. the terms de- fined herein shall have the following 6601 W. 78th St. Bloomington, Minnesota meanings ascribed to them: 1. `Description or depiction of illicit sex or immorality' means: a. Human genitals in a state of sexual stimulation or arousal. b. Acts of human masturbation. State of Minnesota 1 sexual intercourse or sodomy. c. Fondling or other erotic } SS, touching of human genitals. pub ) County of Hennepin lic region, buttocks or female breast. 2. 'Nude or partially denuded fig- ures' means: a. Less than completely and opaquely covered human Beni- J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has ' tals, pubic areas, buttocks, ahd female breast below a point im- he Richfield Sun and been the vice president and printer of the newspaper known as Z mediately above the top of the ltas full knowledge of the facts herein stated as follows: (1) Said news aper is printed in the P areola; and English language in newspaper format and in column and sheet form equivalent in printed b. Human male genitals in a space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least discernibly turgid state.. even if once each week. (3) Said newspaper has 50%n of its news colurrms devoted to news of local completely and opaquely co- vered: interest to the community which it purports to serve and does not wholly duplicate any other 3. 'Knowingly' means having publication and is not made up entirely of patents, plate matter and advertisements. (4) Said knowledge of the character and coo- xewspaper is circulated in and near the municipality which it purports to serve, has at least tent of the publication or failure on 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total notice to exercise reasonable inspec- , circulation currently paid or no more than three months in arrears and has entry as second-class lion which would disclose the content and character of the same xnatter in its local ost-office. (5) Said news aper purports to serve tkie City of Richfield P P . Subd: 2. No person shall knowingly in the County of Hennepin and it has its known office of issue in the City of Bloomington in display to public view at any business said county, established and open during its regular business hours for the gathering of news, establishment frequented by minors sale of advertisements and sale of subscriptions and maintained by the managing officer of said under the age of 18 years or where newspaper or persons in its employ and subject to his direction and control during all such minors are or tray be invited as a part of the general public. anymotion regular business hours and devoted exclusively during such regular business hours and at picture. or any still picture. ar any which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately photograph. or any book. pocketbook.. with the State Historical Society. (7) Said newspaper is made available at single or subscription pamphlet or magazine the cover or prices to any person, corporation, partnership or other unincorporated association requesting content of which. exploits. is devoted to, or is principally made up of sexual the newspaper and makin the applicable plied with all g payment. (8) Said newspaper has com immorality oe which is lewd. lascivi- ioregoing conditions for at least one year preceding the day or dates of publication mentioned ous. or indecent, or which consists of below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January piMures of nude or partially denuded 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of .figures posed or presented in a man- State and signed by the managing officer of said newspaper and sworn to before a notary ner to provoke or arouse lust or pas- Sion or.exploit sex. lust or perversion ublic. stating that the news a er is a le al newspaper. P P P g for cornmercial gain or arty article or instrument of indecent or immoral use. Su bd. ~3. The provisions of Min- nesota Statutes. Sections 617.291 through 617.297. ;The Dissemination of Harmful Materials to Minors.' are 8111 ~ 9'78-6 hereby adopted by reftlrence and He further states on oath that the printed made a pazt of this Gode,as fully set hereto attached as a part hereof was cut from the columns of said newspaper, and was printed forth.herein." Passed by the City Council of the City of Richfield. Minnesota. this 13th day of March. 1978. LOREN L. LAW and published therein in the English language, once each week, for 011e successive weeks; ~ Mayor Attest: THOMAS J. MORAN City Clerk (March 22. 1978)-RN that it was first so published on Wed the 2z day of March 19~ and was thereafter printed and published on every to and including the--_day of 19~ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: alxdefghijklmnopgrstuvwxy ~ ~i ~ ~/~ Subscribed and sworn to before me this 22 day of March 198 ~'~'`: f~OTi;~Y PuSL1C - MifdNESf3TA HcP3i:!EPlP1 COUNTY • remmission Expires Aeg. 18,1984