[HISTORY: Derived from Ch. III, Sec. 3-18, of the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments
noted where applicable.]
The purpose of this section is to regulate the retail display of obscene
material, as defined in N.J.S.A. 2C:34-2 and/or 2C:34-3.
As used in this chapter, the following terms shall have the meanings
indicated:
The same meaning as in N.J.S.A. 2C:34-2 and/or 2C:34-3. Obscene material
may include, but not be limited to, pictures or other representations, publications,
sound recordings, films or videotapes.
Any individual, firm, corporation, partnership or any other type
or form of business which may be conducted in this state.
Any person who operates a store, newsstand, booth, concession or
similar business with unimpeded access for persons under 18 years of age,
who is in the business of making sales of periodicals or other publications
at retail containing pictures, drawings or photographs. "Retailer" shall also
include any person who operates a store, newsstand, booth, concession or similar
business for the sale or rental of sound recordings, films and/or videotapes
to the public.
A.
It shall be unlawful and a petty disorderly offense for
any retailer to display or permit to be displayed at said retailer's business
premises any obscene material, as defined in N.J.S.A. 2C:34-2 and/or 2C:34-3,
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.
B.
It shall not be a violation of this subsection for a
retailer engaged in the business of sale or rental of films and/or videotapes
to the public to display films and/or videotapes containing adult material
within said retailer's place of business, provided that the following conditions
are met:
(1)
The films and/or videotapes are located in a separate
room within the business establishment;
(2)
Access to the room in which the films and/or videotapes
are displayed shall be limited to persons 18 years of age or older and shall
be controlled by an employee of the business at all times;
(3)
The identification of all persons desiring entrance to
the separate room shall be checked by an employee of the business; and
(4)
All employees of the business establishment shall be
18 years of age or older.
The public display in and of itself of obscene material shall constitute
presumptive evidence that the retailer knowingly made or permitted the display.
A.
Any violation of this section shall subject the violator
to a fine of up to $1,250 and/or imprisonment of up to 90 days and/or a period
of community service not exceeding 90 days.
[Amended 5-23-2002 by Ord.
No. 2002-20]
B.
Every day, or portion of a day, that the provisions of
this section are violated by any person, as defined herein, shall be a separate
and distinct violation.
