[HISTORY: Adopted by the Township Council of the Township of Old
Bridge by Ord. No. C-52 (Sec. 4-17 of the 1973 Revised General
Ordinances); amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 342.
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:
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:
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;
Lacks serious literary, artistic, political or scientific value, when
taken as a whole; and
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.
Any individual, firm, corporation, partnership or any other type
of form of business which may be conducted in this state.
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.
A.
It shall be unlawful and a petty disorderly persons offense
for any retailer to display or permit to be displayed at the retailer's business
premises any obscene material, as defined herein or 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.
B.
It shall not be a violation of this section for a retailer
engaged in the business of sale or rental of films and/or videotapes to the
public to display films and/or videotapes containing adult material within
said retailer's place of business, provided that the following conditions
are met:
(1)
The films and/or videotapes are located in a separate
room within the business establishment.
(2)
Access to the room in which the films and/or videotapes
are displayed shall be limited to persons 18 years of age or older and shall
be controlled by an employee of the business at all times;
(3)
The identification of all persons desiring entrance to
the separate room shall be checked by an employee of the business; and
(4)
All employees of the business establishment shall be
18 years of age or older.
The public display in and of itself of obscene material shall constitute
presumptive evidence that the retailer knowingly made or permitted the display.