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5 adding the following new subsection: 6 NEW SUBSECTION. 6A. "Place of business" means the 7 premises of a business required to obtain a sales tax 8 permit pursuant to chapter 422, the premises of a 9 nonprofit or not-for-profit organization, and the 10 premises of an establishment which is open to the 11 public at large or where entrance is limited by a 12 cover charge or membership requirement. 13 Sec. ___. Section 728.4, Code 1995, is amended to 14 read as follows: 15 728.4 RENTAL OR SALE OF HARD-CORE PORNOGRAPHY. 16 A person who knowingly rents, exhibits, 17 disseminates, sells, or offers for rental or sale 18 material depicting patently offensive representations 19 of oral, anal, or vaginal intercourse, actual or 20 simulated, involving humans, or depicting patently 21 offensive representations of masturbation, excretory 22 functions, or bestiality, or lewd exhibition of the 23 genitals, which the average adult taking the material 24 as a whole in applying statewide contemporary 25 community standards would find appeals to the prurient 26 interest; and which material, taken as a whole, lacks 27 serious literary, scientific, political, or artistic 28 value, upon conviction is guilty of an aggravated 29 misdemeanor. However, second and subsequent 30 violations of this section by a person who has been 31 previously convicted of violating this section are 32 class "D" felonies. Charges under this section may 33 only be brought by a county attorney or by the 34 attorney general." 35 2. Page 1, by striking lines 9 through 11 and 36 inserting the following: 37 "A holder of a liquor license or beer permit or any38 Any owner, manager, or person who exercises direct 39 control over anylicensed premises defined in". 40 3. Page 2, by inserting after line 22 the 41 following: 42 "Sec. ___. Section 728.7, Code 1995, is amended to 43 read as follows: 44 728.7 EXEMPTIONS FOR PUBLIC LIBRARIES AND 45 EDUCATIONAL INSTITUTIONS. 46 Nothing in this chapter prohibits the use of 47appropriatenonobscene material for educational 48 purposes in any accredited school, or any public 49 library, or in any educational program in which the 50 minor is participating. Nothing in this chapter Page 2 1 prohibits the attendance of minors at an exhibition or 2 display of nonobscene art works or the use of any 3 nonobscene materials in any public library." 4 4. Page 3, by inserting after line 4 the 5 following:
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