Theaters
Sec. 6-1. License--Required.
No theater or moving picture theater shall be operated in the city unless a license shall be first issued therefor.
No person shall direct, manage, exhibit, produce or display in any unlicensed theater or moving picture show or other exhibition of any kind except an exhibition, concert or other entertainment conducted for religious or charitable purposes or for public benefits and lectures on scientific, historical or literary subjects.
Sec. 6-2. Fees.
The owners or managers of moving picture shows or theaters shall pay a license fee of $50.00 per year.
Sec. 6-3. Revocation.
The city council may suspend or revoke any license issued under this article for the following reasons:
Where the owner, lessee, manager or agent has been convicted of a violation of either I.C.A. § 728.2 or 728.3 or any other law prohibiting the dissemination, exhibition or sale of obscene material (as defined in said law) to premises where said obscene material is exhibited.
Sec. 6-4. Exposing minors to harmful material
Exhibiting or selling admission tickets to premises whereon there is exhibited motion pictures, shows or other presentations depicting sexual conduct, nudity or sadomasochistic abuse and which is harmful to minors.
(a) Definitions. As used in this section:
Minor means any person under the age of 18 years.
Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a full[y] opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
Sexual conduct means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or if the person be a female, breast.
Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Sadomasochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Harmful to minors means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
a. Predominantly appeals to the prurient, shameful or morbid interest of minors, and
b. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and
c. Is utterly without redeeming social importance for minors.
Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
a. The character and content of any material described herein which is reasonably susceptible to examination by the defendant, and
b. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(b) It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors.
(c) A violation of any provision hereof shall constitute a misdemeanor.