[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), the Bingo Licensing Law (L. 1954, Ch. 6), the Legalized Games of Chance Control Law (L. 1954, Ch. 7) 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:
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.
File with the Legalized Games of Chance Control Commission a certified copy of this article within 10 days after its adoption.
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.
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.
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]
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]
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:
- AUTHORIZED CHARITABLE ORGANIZATION
- Entities which are charitable organizations as defined within N.J.S.A. 45:17A-20.
- CHARITABLE SOLICITATION PERMIT
- 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.
- ROADWAY SOLICITATION PERMIT
- 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.
- STATE HIGHWAY
- A road owned, taken over, controlled, built, maintained or otherwise under the jurisdiction of the Department.
- TRAVELED WAY
- The portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
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.
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.
Under no circumstances may an authorized charitable organization conduct a roadway charitable solicitation without first having obtained a permit from the Chief of Police.
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.
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.
Contents of roadway solicitation permit. The application for a roadway solicitation permit shall set forth the following information:
Name, address and telephone number of the authorized charitable organization seeking to conduct a roadway charitable solicitation.
Date and times upon which roadway solicitation is proposed.
Method of roadway charitable solicitation. (i.e., coin toss using blankets).
Specific location or location of proposed roadway charitable solicitation.
Contact person for the authorized charitable organization.
Names of the persons (solicitors) conducting the roadway charitable solicitations on behalf of the authorized charitable organization at each proposed location.
Any additional information which the Chief of Police shall find reasonably necessary for the fair determination as to whether a permit should be issued.
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.
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.
The Chief of Police is hereby authorized to sign the charitable solicitation permit on behalf of the Township.
The Chief of Police has been consulted and shall be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit.
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.
Solicitation of contributions is prohibited along traffic circles or highway segments determined to be inappropriate in the interest of public safety.
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.
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.
Solicitation shall be subject to the specific terms and conditions of each permit granted.
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.
The authorized charitable organization shall be responsible for cleaning up any debris from the roadway.
Solicitation shall only be permitted during daylight hours.
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.
Each person soliciting charitable contributions on behalf of the authorized charitable organization shall be at least 18 years of age.
All solicitors shall wear safety vests that are in accordance with Department standards.
Parking of vehicles shall comply with applicable traffic regulations. Off-site parking is recommended.
Coin tosses using blankets located off the traveled way are the preferred method of solicitation.
The solicitors shall not install any traffic control devices.
Signs advertising the roadway solicitation are permitted, but they must be of temporary construction and breakaway to the extent possible.
Signage shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width.
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.