(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.

     (2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.

     (3) For the purposes of this section:

     (a) "Minor" means any person under the age of eighteen years.

     (b) "Erotic materials" means live performance:

     (i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and

     (ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and

     (iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.

     (c) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.

     (d) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

[2003 c 53 § 43; 1987 c 396 § 2.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Severability -- 1987 c 396: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 396 § 4.]