It shall be unlawful for any person to:
A person who promotes or wholesale promotes,
possesses, publishes, sells, distributes or displays obscene material
or possesses the same with intent to promote or wholesale promote,
publish, sell, distribute or display it, in the course of his business,
is presumed to do so with knowledge of its content and character.
The chief executive officer of the City of Albany
may maintain an action for an injunction against a person, firm or
corporation who or which publishes, sells, distributes or displays
or promotes the sale, distribution or display of any book, magazine,
pamphlet, comic book, story paper, writing, paper, picture, motion
picture, drawing, photograph, figure or image or any written or printed
matter of an indecent character which is obscene, lewd, lascivious,
filthy or indecent or which contains an article or instrument for
indecent or immoral use or purports to be for indecent or immoral
use or purpose; the definitions as set forth in § 235.00
of the Penal Law shall, insofar as the terms are used herein, be applicable.
The person, firm or corporation sought to be
enjoined shall be entitled to a trial of the issues within one day
after joinder of issues, and a decision shall be rendered by the court
within two days of the conclusion of the trial.
In the event that a final order or judgment of injunction shall be entered in favor of such officer of the City of Albany and against the person, firm or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm or corporation to surrender to such peace officer as the court may direct any of the matter described in § 255-19 hereof, and such peace officer shall be directed to seize and destroy the same, and such final order or judgment shall also contain a provision providing that the chief executive officer of the City of Albany, may, in his discretion, revoke the business license of the offender and, upon conviction of the offender for a second violation, the chief executive officer of the City of Albany shall revoke the business license of such person.
In any action brought as herein provided, such officer of the City of Albany shall not be required to file any undertaking before the issuance of an injunction order provided for in § 255-21 hereof and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm or corporation sought to be enjoined.
Every person, firm or corporation who or which sells, distributes or acquires possession with intent to sell or distribute any of matter described in § 255-19 hereof, after the service upon him of a summons and complaint in an action brought by such officer of the City of Albany pursuant to this section, is chargeable with knowledge of the contents thereof.
