Legal Documents of Gatlinburg

It shall be unlawful to sell, distribute, display or exhibit any obscene material or to possess with the intent to sell distribute, display or exhibit; to publish, produce or otherwise create any obscene material with the intent to sell, distribute, display or exhibit; to use any obscene material in any way to promote, exploit or further any business or commercial activity; to advertise or otherwise publicize the sale, distribution, display or exhibition, of any obscene material; to use any means that appeals to the erotic or prurient interest of customers or prospective customers in connection with the advertisement, representation, promotion, display or sale of obscene material, to sell, give or distribute any obscene material to any minor under the age of eighteen (18) years, or to display or exhibit any such material at any public place open to such minors; to hire or employ any minor under eighteen (18) years of age to do any public act made unlawful by this section.

Provided that for the purpose of this section, obscene material shall mean:

1. Any material, matter, object or thing, including but not limited to, any written or printed matter, film, picture, drawing, or any object or thing that is obscene if, considered as a whole, its predominate appeal is to prurient interest, that is a shameful or morbid interest in nudity, sex or excretion, and if in addition:
   1. It is patently offensive to the public or if it goes substantially beyond customary limits of candor in describing or representing such matters; and
   2. It is devoid of any literary, scientific or artistic value and is utterly without social importance. The phrase "predominate appeal" shall be considered with reference to ordinary persons.
2. Person shall include the singular and the plural and shall also mean and include any person, firm or corporation, partnership, co-partnership, association, or any other organization of any character whatsoever.
3. Knowingly shall include constructive knowledge as well as actual knowledge. The requirement of constructive knowledge shall be satisfied when a person has knowledge of facts which would put a reasonable and prudent man on notice of the matters in question. (1976 Code, § 10-205)