§ 20-84. Exceptions to the application of the division.

(a)

Nothing contained in this division shall be construed to apply to:

(1)

The purchase, distribution, exhibition, or loan of any material by any library, school, or institution of higher learning, supported by public appropriations;

(2)

The purchase, distribution, exhibition, or loan of any work of art by any museum of fine arts, school or institution of higher learning supported by public appropriations;

(3)

The purchase, distribution, exhibition, or loan of any material to a minor by his parent or legal guardian.

(b)

Nothing contained in this division shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau production or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher learning or other similar establishment which is primarily devoted to such exhibitions, presentations, show or performances as a form of expression of opinion, communication, speech, ideas, information, drama, or art, as differentiated from commercial or business advertising, promotion or exploitation of nudity or obscene live conduct for the purpose of advertising, promoting, selling or serving products or services or otherwise advancing the economic welfare of a commercial business or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.

(Code 1961, § 12-70)