As used in this chapter, the following terms shall have the
meanings indicated:
OBSCENE MATERIAL
Any description, narrative account, display or depiction
of a specified anatomical area or specified sexual activity contained
in or consisting of a picture or other representation, publication,
sound recording, live performance or film which, by means of posing,
composition, format or animated sensual details, emits sensuality
with sufficient impact to concentrate prurient interest on the area
or activity.
RETAILER
Any person who operates a store, newsstand, booth, concession
or a similar business with unimpeded access for persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings of photographs.
A retailer shall not display or permit to be displayed at his/her
business premises any obscene material at a height of less than five
feet or without a blinder or other covering placed or printed on the
front of the material displayed.
Public display of the obscene material in violation of this
chapter shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
Violations of this chapter shall be punishable as provided in Chapter
1, Article
III, General Penalty.