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:
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.
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.
PERSON
Any individual, firm, corporation, partnership or any other type
of form of business which may be conducted in this state.
RETAILER
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.
The public display in and of itself of obscene material shall constitute
presumptive evidence that the retailer knowingly made or permitted the display.