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House Journal: Page 997: Monday, March 27, 1995

 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 any
38   Any owner, manager, or person who exercises direct
39   control over any licensed 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
47   appropriate nonobscene 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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