[HISTORY: Adopted by the Township Council
of the Township of Stafford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-26-1985 by Ord. No. 85-24]
Under and subject to the terms, conditions and restrictions of this article, the Raffles Licensing Law (L. 1954, Ch. 5),[1] the Bingo Licensing Law (L. 1954, Ch. 6),[2] the Legalized Games of Chance Control Law (L. 1954, Ch.
7)[3] and the rules and regulations adopted and promulgated
or to be adopted and promulgated hereafter by the Legalized Games
of Chance Control Commission of the State of New Jersey, licenses
shall be issued in this municipality to bona fide organizations or
associations as described in said laws.
The governing body of this municipality shall
make an investigation of the qualifications of each applicant in accordance
with the requirements of state law.
No license under either licensing law shall
be issued for a period of more than one year nor shall be issued for
the holding, operation and conduct of any game of chance which may
be licensed under the other of said licensing laws.
No application for the issuance of a license
shall be refused by the governing body until after a hearing is held
on due notice to the applicant, at which the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits
of the application.
Each license shall be in such form as shall
be prescribed in the rules and regulations promulgated by the State
Control Commission.
The governing body of the municipality issuing
any license under this chapter and either of said licensing laws shall
have and exercise control and supervision over all games of chance
so licensed in accordance with said licensing laws.
No person under the age of 18 years shall be
permitted to participate in any game or games of chance held, operated
or conducted pursuant to any license issued by this municipality.
No game or games of chance shall be held, operated
or conducted under any license issued by this municipality oftener
than on six days in any calendar month nor in any room or outdoor
area where alcoholic beverages are sold or served during the progress
of the game or games.
All conditions, restrictions, regulations or
rules relating to the licensing and conduct of games of chance shall
be in accordance with said Raffles Licensing Law, Bingo Licensing
Law, Legalized Games of Chance Control Law and the rules and regulations
of said State Control Commission.
[Amended 2-20-2007 by Ord. No. 2007-07]
The Township Clerk shall, on behalf of the municipality:
A.
Be a person to whom the Township has delegated the
authority to approve the granting of raffle and bingo licenses. This
delegation shall also extend to the Deputy Township Clerk. Any reference
within this chapter to the authority of the governing body or the
Township Council to issue or authorize licenses shall include the
Township Clerk and the Deputy Township Clerk as an appropriate issuing
authority.
B.
File with the Legalized Games of Chance Control Commission
a certified copy of this article within 10 days after its adoption.
C.
On or before the first day of February in each year
or at any other time or times which said Commission may determine,
make a report to the Commission of the number of licenses issued in
this municipality under each of said licensing laws and the names
and addresses of the licensees, the aggregate of the license fees
collected, the names and addresses of all persons detected of a violation
of each of said laws or of the rules and regulations adopted by the
State Control Commission, of all persons prosecuted of such violations
and the result of each such prosecution and the penalties imposed
therein, during the preceding calendar year of the period for which
the report is required.
[Amended 10-17-2006 by Ord. No. 2006-77]
The license fees for raffles, carnival games
or wheels, armchair races and casino nights shall be those fees delineated
within N.J.A.C. 13:47-4.9 and any amendments thereto.
[Amended 10-17-2006 by Ord. No. 2006-77]
The license fees for bingo shall be those fees
delineated within N.J.A.C. 13:47-4.9 and any amendments thereto.
A.
The governing body of the municipality issuing any
license under this article and either of said licensing laws shall
have and exercise control and supervision over all games of chance
so licensed in accordance with said licensing laws.
B.
The Township Council may authorize the holding of
a raffle or bingo on Sunday when, in its opinion, the raffle or bingo
cannot be held on any other day of the week to meet the needs of the
organization requesting the same. If the Township Council determines
that the raffle or bingo can be held on a Sunday, the license issued
by the Township shall specifically provide that the raffle or bingo
can be held on Sunday.
No person, organization, club, company or squad
shall conduct, operate, run, participate in or attend at any unlicensed
raffle or bingo game in this municipality.
No person, organization, club, company or squad
shall violate any of the terms or provisions of any one or more of
the following:
[Amended 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $2,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 10-17-2006 by Ord. No. 2006-77]
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
A conviction hereunder shall also be a proper
ground, in the discretion of the licensing body, to suspend or revoke
the license if any has been issued and is outstanding.
[Adopted 5-19-1998 by Ord. No. 98-38; amended in its entirety 9-7-1999 by Ord. No. 99-57]
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise:
Entities which are charitable organizations as defined within
N.J.S.A. 45:17A-20.
A permit issued by the Department pursuant to N.J.A.C. 16:40-1.1
et seq.
The State Department of Transportation.
The public right-of-way, whether open or improved or not,
including all existing factors of improvements.
State highway property and property rights, including easements,
owned and controlled by the Department.
The permit issued by the Township of Stafford pursuant to
this article.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
A road owned, taken over, controlled, built, maintained or
otherwise under the jurisdiction of the Department.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
A.
Pursuant to N.J.S.A, 39:4-60 and N.J.A.C. 16:40-1.1,
authorized charitable organizations are hereby permitted to solicit
contributions in the right-of-way of a highway located within the
Township subject to the provisions and restrictions contained in this
article.
B.
The within authorization is subject to the regulations
promulgated by the Department in consultation with the Division of
Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
C.
Under no circumstances may an authorized charitable
organization conduct a roadway charitable solicitation without first
having obtained a permit from the Chief of Police.
A.
An authorized charitable organization seeking issuance
of a roadway solicitation permit shall file an application with the
Chief of Police on forms provided by the Chief of Police.
(1)
An application for a roadway solicitation permit shall
be filed with the Chief of Police not less than seven days before
the date upon which it is proposed to conduct such roadway solicitation.
(2)
Contents of roadway solicitation permit. The application
for a roadway solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized
charitable organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation
is proposed.
(c)
Method of roadway charitable solicitation. (i.e.,
coin toss using blankets).
(d)
Specific location or location of proposed roadway
charitable solicitation.
(e)
Contact person for the authorized charitable
organization.
(f)
Names of the persons (solicitors) conducting
the roadway charitable solicitations on behalf of the authorized charitable
organization at each proposed location.
(g)
Any additional information which the Chief of
Police shall find reasonably necessary for the fair determination
as to whether a permit should be issued.
B.
If the proposed roadway charitable solicitation is
to be conducted upon any county highway or intersection, the authorized
charitable organization must submit evidence of approval by the Ocean
County Board of Freeholders pursuant to N.J.S.A. 39:4-60.
C.
If the proposed roadway charitable solicitation is
to be conducted upon any state highway or intersection, the authorized
charitable organization must submit evidence of approval in the form
of a charitable solicitation permit received from the Department under
N.J.A.C. 16:40-1.1 et seq.
(1)
The Chief of Police is hereby authorized to sign the
charitable solicitation permit on behalf of the Township.
(2)
The Chief of Police has been consulted and shall be
responsible for supervising the solicitation and enforcing the terms
of the charitable solicitation permit.
(3)
The roadway solicitation permit issued by the Township
and the charitable solicitation permit issued by the department shall
be in the possession of the solicitor for the authorized charitable
organization during all times of solicitation and be available for
inspection by the state, county and Stafford Township police enforcement
personnel.
A.
Solicitation of contributions is prohibited along
traffic circles or highway segments determined to be inappropriate
in the interest of public safety.
B.
Solicitation is permitted only at signalized intersections
or when the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
C.
Township police may suspend solicitation operations
at any time if any condition of either permit is violated or if, in
a police officer's sole discretion, traffic is being impeded or delayed
or the public safety is at risk.
D.
Solicitation shall be subject to the specific terms
and conditions of each permit granted.
E.
Solicitation shall not stop traffic or impede the
flow of traffic. Traffic shall already be stopped before solicitation
may occur and shall cease while traffic is moving. Use of a flagman
shall be prohibited.
F.
The authorized charitable organization shall be responsible
for cleaning up any debris from the roadway.
G.
Solicitation shall only be permitted during daylight
hours.
H.
Solicitors shall not drink alcoholic beverages, use
drugs or be under the influence of drugs or alcohol when soliciting.
Solicitors shall not harass the public.
I.
Each person soliciting charitable contributions on
behalf of the authorized charitable organization shall be at least
18 years of age.
A.
All solicitors shall wear safety vests that are in
accordance with Department standards.
B.
Parking of vehicles shall comply with applicable traffic
regulations. Off-site parking is recommended.
C.
Coin tosses using blankets located off the traveled
way are the preferred method of solicitation.
D.
The solicitors shall not install any traffic control
devices.
A.
Signs advertising the roadway solicitation are permitted,
but they must be of temporary construction and breakaway to the extent
possible.
B.
Signage shall be a maximum of 16 square feet.
C.
Signage shall be in accordance with the temporary
signage standards contained in the Manual on Uniform Traffic Control
Devices.
E.
Signs shall not be permitted in the traveled way or
in medians less than eight feet in width.
F.
All signs warning, noticing or advertising solicitations
shall be removed immediately following the solicitation event.
Any person guilty of violating a provision of
this article shall be liable for a fine not to exceed $100.00 for
each day of such violation.
