[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)]
GENERAL REFERENCES
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:
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:
A.
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;
B.
Lacks serious literary, artistic, political or scientific value,
when taken as a whole; and
C.
PERSON
RETAILER
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.
A.
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.
B.
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:
(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.
