Laserfiche WebLink
RESOLUTION NO. 93 -75 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH RECOMMENDING THE CALIFORNIA <br />LEAGUE OF CITIES DRAFT AND SPONSOR LEGISLATION <br />RESTRICTING OR PROHIBITING THE SALE OF <br />PORNOGRAPHY TO MINORS THROUGH VENDING <br />• MACHINES. <br />WHEREAS, the California Legislature has established a <br />comprehensive statutory scheme regulating the sale of pornography <br />and harmful matter to minors; <br />WHEREAS, California Legislature has preempted the right <br />of local entities to adopt ordinances regulating the sale of <br />harmful matter to minors but has granted cities and counties <br />limited authority to adopt ordinances requiring partial blockage of <br />the display of material harmful to minors (Blinder Racks); <br />WHEREAS, the City of Newport Beach has adopted a "Blinder <br />Rack Ordinance" and has done everything permitted by law to <br />restrict the sale of harmful matter to minors; <br />WHEREAS, the installation of blinder racks is not an <br />effective method of restricting or preventing the sale to minors of <br />harmful matter displayed in newsracks; <br />WHEREAS, recent court rulings have restricted the right <br />of cities and counties to adopt restrictions on newsracks <br />generally and many of the newspapers and periodicals displayed in <br />newsracks contain valuable information which should be available to <br />minors and adults alike; <br />• WHEREAS, the courts have ruled that the legislature has <br />the legal authority to adopt statutes restricting the sale or <br />display of harmful matter to minors that are broader and more <br />restrictive than those applicable to adults; <br />1 <br />