As used in this article, the following terms
shall have the meanings indicated:
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 or photographs.
A retailer may not display or permit to be displayed
at his business premises any obscene material, as defined in N.J.S.A.
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.
Public display of obscene material shall constitute
presumptive evidence that the retailer knowingly made or permitted
the display.
Any retailer who violates this article shall
be guilty of a petty disorderly offense.
A person convicted of violating this article
shall be subject to a fine not exceeding $2,000, imprisonment for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
Enforcement will be done by either the Police
Department and/or the Housing Inspector.