The purpose of this article is to regulate the
retail display of obscene material, as defined by N.J.S.A. 2C:34-3.
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 of other
publications at retail containing pictures, drawings or photographs.
It shall be unlawful and a petty disorderly
persons offense for any retailer to 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 binder or
other covering placed or printed on the front of the material displayed.
The public display in and of itself of the obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No.
06-2]
A. Any violation of this article shall subject the violator, upon conviction, to the penalties provided by §
1-15 of this Code.
B. Every day that the provisions of this article are
violated, as defined herein, shall be a separate and distinct violation.