[HISTORY: 1988 Code §§ 125-1—125-6 adopted as amended through December 31, 2013. Amendments noted where applicable.]
The purpose of this chapter is to regulate, within the confines of state and federal law, the public display by retailers of obscene materials, particularly where such materials are likely to be viewed by minors.
As used in this chapter, the following terms shall have the meanings indicated:
OBSCENE MATERIAL
As defined in N.J.S.A. 2C:34-3 obscene material means any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
[Ord. No. 53-2014]
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. 
It shall be a petty disorderly persons offense for a retailer to display or permit to be displayed at his/her business premises any obscene material as defined in N.J.S.A. 2C:34-3 at a height of less than 5 feet or without a blinder or other covering placed or printed on the front of the material displayed as required by N.J.S.A. 2C:34-3.2.
B. 
The public display of obscene material as prohibited in Subsection A on or at the premises of the retailer shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Where no other penalty is prescribed by Law, any person who violates any provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-15.