[HISTORY: Adopted by the Township Committee of the Township of Harding 10-14-1969 by Ord. No. 3-69 (§ 141-18 of the 1990 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Peace and good order — See Ch. 285.
The purpose of this chapter is to regulate the retail display of obscene material, as provided by N.J.S.A. 2C:34-3.2.
As used in this chapter, the following terms shall have the meanings indicated:
- OBSCENE MATERIAL
- Any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or a film which, by means of posing, composition, format or animated sensual details:
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;
Lacks serious literary, artistic, political or scientific value, when taken as a whole; and
Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
- Any individual, firm, corporation, partnership or any other type of 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.
It shall be unlawful and a petty disorderly persons offense for any retailer to display or permit to be displayed at the retailer's business premises any obscene material, as defined herein or in N.J.S.A. 2C:34-3, at a height of less than five feet or without a binder or other covering placed or printed on the front of the material displayed.
It shall not be a violation of this section 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:
The films and/or videotapes are located in a separate room within the business establishment.
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;
The identification of all persons desiring entrance to the separate room shall be checked by an employee of the business; and
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.