[HISTORY: Adopted by the Township Committee of the Township of Union 4-24-1990 by Ord. No. 4085; amended in its entirety 10-26-2004 by Ord. No. 4842 (Ch. 164, Art. IV, of the 2004 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
KNOWINGLY
A. 
Having knowledge of the character and content of the material described herein.
B. 
Having failed to reasonably exercise reasonable inspection which would disclose its character and content [N.J.S.A. 2C:34-3, Subsection (a)(5)].
OBSCENE FILM
Any motion picture film or preview or trailer to a film not including news reels portraying actual events or pictorial news of the day, in which a scene, taken by itself, depicts a specified anatomical area or specified sexual activity or the simulation of a specified sexual activity or verbalization concerning a specified sexual activity as set forth in the definition of that term and emits sensuality sufficient in terms of the duration and impact of the depiction to appeal to the prurient interest. For the purpose of this chapter, all films and rentals which have received a rating of "X" or its equivalent from the Motion Picture Academy shall be presumed an "obscene film." For the purpose of this chapter, it shall be conclusively presumed that all films rated by the Motion Picture Academy other than "X" are not "obscene films" [N.J.S.A. 2C:34-3, Subsection (a)(2)].
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 [N.J.S.A. 2C:34-3, Subsection 3(a)(1)].
RETAILER
Any person who operates a store, newsstand, booth, concession or 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 and photographs (N.J.S.A. 2C:34-3.1).
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered human genitals; pubic region; buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if covered [N.J.S.A. 2C:34-3, Subsection (a)(3)].
SPECIFIED SEXUAL ACTIVITY
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse.
C. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast [N.J.S.A. 2C:34-3, Subsection (a)(4)].
A. 
It shall be a petty disorderly person's offense for a retailer to knowingly display or permit to be displayed at his business premises any obscene materials or obscene films as defined herein:
(1) 
At a height of less than five feet; or
(2) 
Without a blinder or other covering placed or printed on the front of the material displayed, irrespective as to the height of the material.
B. 
The restrictions contained in this section shall not apply, however, in the event that said material is located at a controlled access point behind which the public at large can reasonably neither observe nor have access to the material (N.J.S.A. 2C:34-3.2).
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display (N.J.S.A. 2C:34-3.2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any retailer who violates § 403-2 commits a petty disorderly person's offense and shall receive a warning from the Municipal Court without fine but with payment of costs. However, for each violation thereafter, the retailer shall be subject to a fine not to exceed $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, for each and every violation.[1]
[1]
Editor’s Note: Original Art. V, Sexually Oriented Businesses, adopted 8-10-1993 by Ord. No. 4266 (Ch. 84, Art. II of the 1986 Code), as amended, which immediately followed this section, was repealed 4-11-2006 by Ord. No. 4942.