[Adopted 7-27-1982 as Sec. 4-2 of
the 1981 Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, education, civic or fraternal, either actual
or purported.
The Chief of Police of the borough.
Includes the words alms, food, clothing, money, subscription,
property or donation under the guise of a loan of money or property.
One who is duly carried on the rolls, books or records of
a "person," as defined below, in conformity with such "person's" constitution,
bylaws, rules and regulations.
Any individual, firm, copartnership, corporation, company,
association, or joint-stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent or other similar representative thereof.
Shall not mean and include the word "charitable," as herein
defined, but shall be given the commonly accepted definitions.
The request directly or indirectly of money, credit, property,
financial assistance or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose, as those
purposes are defined in this article.
Except for the purpose of soliciting contributions
from its own members, no person shall solicit contributions for any
charitable or religious purpose within the borough without first procuring
a permit from the Chief of Police.
An application for a permit to solicit as provided by § 163-13 shall be made to the Chief of Police upon forms provided by the borough. Such application shall be sworn to and filed with the Chief at least 30 days prior to the time at which the permit applied for shall become effective; provided, however, that the Chief may for good cause shown allow the filing of an application less than 30 days prior to the effective date of the permit applied for. The application herein required shall contain the following information:
A.
The name, address or headquarters of the person applying
for the permit.
B.
If the applicant is not an individual, the names and
addresses of the applicant's principal officers and managers.
C.
The purpose for which such solicitation is to be made.
D.
The name and address of the person or persons who
will be in direct charge of conducting the solicitation and the names
of all promoters connected or to be connected with the proposed solicitation.
E.
An outline of the method or methods to be used in
conducting the solicitations.
F.
The time when such solicitations shall be made, giving
the preferred dates for the beginning and ending of said solicitations.
G.
A statement to the effect that if a permit is granted,
it will not be used or represented in any way as an endorsement by
the borough or by any department or officer thereof.
H.
Such other information as may be reasonably required
by the Chief in order for him/her to determine the kind and character
of the proposed solicitation and whether such solicitation is in the
interest of, and not inimical to, the public welfare.
The Chief of Police shall examine all applications filed under § 163-13 and shall cause to be made such investigation of the application and the applicant as he/she shall deem necessary in order for him/her to perform his/her duties under this article. Upon request by the Chief, the applicant shall make available for inspection by the Chief all books, records and papers, including documentation of charitable or tax exempt status, at any reasonable time before the application is granted.
The Chief shall issue the permit provided for in § 163-13 hereof whenever he/she shall find the following facts to exist:
A.
That all the statements made in the application are
true.
B.
That the applicant has a good character and reputation
for honesty and integrity or, if the applicant is not an individual
person, that every member, managing officer or agent of the applicant
has a good character or reputation for honesty and integrity.
C.
That the control and supervision of the solicitation
will be under responsible and reliable persons.
D.
That the applicant has not engaged in any fraudulent
transaction or enterprise.
E.
That the solicitation will not be a fraud on the public.
F.
That the solicitation is prompted solely by a desire
to finance the charitable or religious cause described in the application
and will not be conducted for private profit.
Permits issued under this article shall bear
the name and address of the persons by whom the solicitation is to
be made, the number of the permit, the dates within which the permit
holder may solicit and a statement that the permit does not constitute
an endorsement by the borough, or by any of its departments, officers
or employees, and the purpose of the persons conducting the solicitation.
All permits shall be signed by the Chief. No permit may grant the
right to solicit longer than 30 days from its date.
All persons to whom permits have been issued
under this article shall furnish proper credentials to their agents
and solicitors for such solicitation. Such credentials shall include
the name of the permit holder, the date, a statement describing the
holder's charitable or religious activity, a description of the purpose
of the solicitation, the signature of the permit holder or of the
holder's chief executive officer, and the name, address, age, sex
and signature of the solicitor to whom such credentials are issued,
and the specific period of time during which the solicitor is authorized
to solicit on behalf of the permit holder.
A copy of such credentials shall be filed with
the Chief at the time the application for a permit is filed and must
be approved by him/her as conforming to the requirement of this article
before such permit is issued. No person shall solicit under any permit
granted under this article without the credentials required by this
article and a facsimile copy of the permit in his/her possession.
The credentials and facsimile copy of the permit
shall be shown, upon request, to all persons solicited and to any
police officer of the borough.
Within five days after receiving notification
by registered mail that his/her application for a permit to solicit
under this article has been denied, with the reasons for the denial
set forth on said notification, any applicant may file a written request
for a public hearing on the application before the Chief, together
with written exceptions to the findings of fact upon which the Chief
based his/her denial of the application. Upon the filing of such a
request, the Chief shall fix a time and place for the hearing and
shall notify the applicant thereof. The hearing shall be held within
10 days after the request is filed. Within 15 days after the conclusion
of the hearing, the Chief shall render a written report either granting
or denying the application for a permit. In this report, the Chief
shall state the facts upon which his/her decision is based.
Whenever it shall be shown or whenever the Chief
has knowledge that any person to whom a permit has been issued under
this article has violated any of the provisions of this article or
that any promoter, agent or solicitor of a permit holder has misrepresented
the purpose of the solicitation, the Chief shall immediately suspend
the permit and give the permit holder written notice by registered
mail of a hearing to be held within two days of such suspension to
determine whether or not the permit should be revoked. This notice
must contain a statement of the facts upon which the Chief has acted
in suspending the permit. If, after such hearing, the Chief finds
that this article has been violated or the purpose of the solicitation
has been misrepresented, he/she shall within two days after the hearing
revoke the permit and give the applicant written notice of the revocation
and the reasons therefor. If after such hearing the Chief finds that
this article has not been violated and the purpose of the solicitation
has not been misrepresented, he/she shall, within two days after the
hearing, give the permit holder a written statement canceling the
suspension of the permit.
No person shall directly or indirectly solicit
contributions for any purpose by misrepresentation of his/her name,
occupation, financial condition, social condition or residence, and
no person shall make or perpetrate any other misstatement, deception
or fraud in connection with any solicitation or any contribution for
any purpose in the borough or in any application or report filed under
this article.
Any and all persons violating any of the provisions of this article or filing, or causing to be filed, an application for a permit under this article containing false or fraudulent misstatements shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III.
