[HISTORY: Adopted by the Common Council of the City of Burlington as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 8-1997 (Ch. 5.32 of the 1996 Municipal Code)]
For the purpose of this article, the following terms shall have the meanings indicated:
- CHARITABLE and PHILANTHROPIC
- Patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
- The giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, of money, credit, property, financial assistance or other things 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 and philanthropic purpose, as defined in this article. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
No person or organization shall solicit charitable and philanthropic contributions within the City without first obtaining a permit authorizing such public solicitations, provided that the provisions of this article shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Chief of Police upon forms provided by him/her.
An investigation of the application shall be made by the Chief of Police to determine that the person or organization is bona fide.
Upon approval of the application, the Chief of Police shall issue a license in accordance with the provisions of Chapter 213, Licensing, of the Code of the City of Burlington. There shall be no fee for a permit issued hereunder.
The Police Chief shall keep a current calendar of approved solicitations to be conducted within the City. He/she may propose alternate dates for a solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the City.
No permit may grant the right to solicit for a period longer than 90 consecutive days.
Any person or organization receiving money from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received, provided that this article shall not apply to any contribution collected by means of a closed box or receptacle used in the solicitation where the use thereof has been approved by the Council, where it is impractical to determine the amount of each contribution.
All solicitations conducted under the authority of this article shall take place between the hours of 8:00 a.m. and 9:00 p.m., and no solicitations shall be conducted on Sundays or legal holidays recognized in the state. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on their application and this special request shall be approved or disapproved by the Council. If approval is given by the Council for the solicitation to be conducted at other than the hours stated in this section, the approval shall be plainly stamped on the permit issued by the Chief of Police.
Violations of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.
[Added 11-10-2009 by Ord. No. 24-2009]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- (1) Any person determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- (2) Any person who is, or holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other charitable purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal, which has a tendency to suggest there is a charitable purpose to any such solicitation.
- (1) Any purpose described in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- (2) Any benevolent, philanthropic, humane, social welfare, public health or other charitable objective, or an objective that benefits law enforcement personnel or other persons who protect the public safety.
Roadway solicitation permitted. The City shall permit qualified charitable organizations to solicit contributions for charitable purposes in roadways situated in the City.
Application permit. If charitable organizations desire to solicit contributions in roadways situated in the City, they shall file an application for a permit with the Municipal Clerk, 30 days prior to the scheduled solicitation, on a form supplied by the Clerk specifying the following information:
Name of applicant organization;
Address of applicant organization;
Telephone number of applicant organization;
Contact person of applicant organization;
Specific location or locations of proposed charitable solicitation;
Dates and times of proposed charitable solicitation;
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situated in the City.
Review of application; issuance of permit. Upon the filing of a complete application in accordance with the provisions of this section, the Municipal Clerk shall present same to the Common Council to grant or deny the applicant's request by resolution. The Municipal Clerk may rely on input provided by the Chief of Police in granting permits. In the event the request is granted, the Municipal Clerk shall issue a permit to the application which shall be subject to the representations contained in the applicant's application and any conditions imposed by the City. In no event shall any one charitable organization be issued more than four permits, as permitted under this section, in any one calendar year.
Each person soliciting charitable contributions on behalf of a charitable organization must be at least 18 years old.
Permits shall be in possession of a representative of the charitable organization present at all times during the solicitation and be available for inspection by local, county, and state police enforcement personnel.
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 flagmen or any traffic control device, either portable or permanent, shall be prohibited.
The charitable organization shall be responsible for cleaning up any debris from the right-of-way that arose out of the solicitation activity.
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.
The City shall not be liable in any civil action for damages or property damage or personal injury arising out of the solicitation activity conducted by charitable organizations in City roadways.
All solicitors must wear orange or yellow safety vests while soliciting in the roadway.
The City may impose special conditions on any charitable solicitation permit to preserve and protect the public safety and the free flow of traffic on its roadways.
If a request pertains to a location or locations on any county or state highway or intersection of a county or state highway, the charitable organization shall have the prior approval from the City via ordinance.
Should the City seek to amend the fees for any charitable solicitation permit, it may do so by resolution of the governing body.
Signs advertising the roadway solicitation are permitted, but they must be of a temporary construction.
Signs shall be a maximum of 16 square feet.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width.
All the signs warning, noticing, or advertising a solicitation shall be removed immediately following the solicitation event.
Violations and penalties. Any person who shall violate any of the provisions of this section shall pay, upon conviction, a penalty of $100.
[Adopted by Ord. No. 13-1994 (Ch. 5.56 of the 1996 Municipal Code)]
When used in this article the following words and phrases shall have the meanings hereinafter stated:
- MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable truck, van, trailer, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
- NONPROFIT VENDOR
- An organization, person or entity possessing a tax-exempt status which shall be evidenced by furnishing to the Municipal Clerk the federal and/or state tax-exempt number.
- A person, commonly referred to as a "peddler" or "hawker" or "itinerant merchant" who goes from place to place or house to house by traveling on the streets and carries with him goods, wares, merchandise or other things of value for the purpose of selling and delivering them to consumers.
- A person who goes from house to house selling or buying goods, wares, merchandise or other things of value by sample or by taking orders for future delivery or selling a service, with or without acceptance and advance payment for the goods, wares, merchandise, other things of value or service.
- TRANSIENT MERCHANT
- A person who, whether a resident of the City or not, engages in a temporary business within the City of selling and delivering goods, wares, merchandise or services within the City and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad, boxcar or boat, public room in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street, alley or other place within the City for the exhibition and sale of such goods wares and merchandise, either privately or at public auction. As used in this article, unless otherwise stated "transient merchant" shall include "mobile retail food establishment," "peddler" and "solicitor."
This article shall not apply to:
A person conducting a sale pursuant to statute or court order;
A person soliciting a vote or support for any political candidate or program;
A person engaged in delivering goods, wares, merchandise or other articles or things in the regular course of business to the premises of a person ordering or entitled to receive the same;
A person delivering or soliciting newspapers;
A nonprofit vendor.
A transient merchant shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader, merchant of auctioneer.
It is unlawful for any transient merchant to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise, or other things of value or services in or on any portion of a public right-of-way, unless express permission to do so shall have been granted in the license issued pursuant to this article.
It is unlawful for any transient merchant to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services or to solicit contributions, gifts, pledges or subscriptions of money, without first obtaining a license therefor.
Applicants for a license under this article shall file with the Municipal Clerk a written, sworn application signed by the individual, if an individual; by all partners, if a partnership; by the president, if a corporation, and by the highest two officers, if any association, society or other form of organization, showing:
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated;
The place or places in the City where it is proposed to carry on the applicant's business and the length of time during which it is proposed that the business shall be conducted. The applicant shall be required to submit a sketch depicting the exact location on the property wherein the activities will be conducted and the distance from said location to the right-of-way line. In the event that during the life of the license the applicant desires to amend the location on the property wherein the activities will be conducted, the applicant shall be required to submit an amended sketch depicting the new location and obtain approval thereof, with all distances from said location to the right-of-way line;
The place or places, other than the permanent place of business of the applicant, where the applicant, within the six months preceding the date of the application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the City; the invoice and quality of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time the application is filed;
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Municipal Clerk, copies of all such advertising, whether handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits;
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any City ordinance, the nature of such offense and the punishment assessed therefor;
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative;
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this article for the protection of the public good;
A copy of a valid certificate of authority issued pursuant to N.J.S.A. 54:32B-15.
All such applications shall be filed at least 30 days from the scheduled date of the activity for which an application is sought.
The Municipal Clerk shall forward the application to the following departments: Police Department; Health Department (if the application involves a mobile food vendor or other activities within the jurisdiction of the Health Department); Zoning Enforcement Officer; and Fire Prevention Bureau.
Within 10 days of receipt of the application from the Clerk the police shall have completed their investigation of such person and such person's business responsibility and character deemed necessary to the protection of the public good. Further, the police shall examine such place or places to determine whether such place or places are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places.
The Health Officer shall make such investigation of the application to determine whether any applicable state statutes, regulations or City ordinances or regulations pertain to the operation and determine compliance of said operation with such statutes, regulations and/or ordinances.
The Zoning Officer shall examine such application to determine compliance with any applicable provisions of Chapter 207, Land Development, of the Code of the City of Burlington.
The Fire Prevention bureau shall examine such application to determine compliance with all applicable statutes, codes and regulations pertaining to fire safety.
No license shall be issued to any transient merchant where the location of any activity or activities forming a part of the applicant's business shall be closer than 25 feet to the right-of-way line of any street in the City.
If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory or if it is determined that such place or places do not create a traffic safety hazard, the Chief of Police shall so certify, in writing, to the Municipal Clerk. Further, if as a result of his/her investigation, the Health Officer shall determine that the activity is not regulated by any applicable state statute, regulation or local ordinance regulating health matters or if so regulated, that the activity complies with all applicable statues, regulations or ordinances, he shall so certify, in writing, to the Municipal Clerk. Finally, if as a result of his/her investigation, the Zoning Officer shall determine that the proposed activity complies with all applicable provisions of Chapter 207, Land Development, he shall so certify, in writing, to the Municipal Clerk. The Municipal Clerk upon receipt of all such written certifications shall then issue a license. The Municipal Clerk shall keep a full record in his office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license and the names or names of person or persons authorized to carry on same.
A transient merchant shall only be permitted to conduct the licensed activity between the hours of 9:00 a.m. to 9:00 p.m.
[Amended 10-7-2008 by Ord. No. 18-2008]
Transient merchants shall pay a fee as set forth in Chapter 146, Fee Schedule, upon submission of the application to the Municipal Clerk, except the fee for a mobile retail food establishment license shall be as set forth in Chapter 146, Fee Schedule. Any person who already possesses a valid restaurant mercantile license in the City of Burlington pursuant to Chapter 113, Business Licensing, at the time that he or she applies for a mobile retail food establishment license shall be exempt from the requirement to pay a fee for the mobile retail food establishment license; provided, however, that if such person no longer holds a valid restaurant mercantile license at the time of the event that is the subject of the mobile retail food establishment license, that person shall pay the City the applicable fee for the mobile retail food establishment license for that event.
Prior to the issuance of any license, the prospective licensee shall file with the Municipal Clerk a bond to the City in the amount of $1,000 Such bond shall be executed by the proposed licensee, as principal, and a surety company licensed to do business in the State of New Jersey. The bond shall be in accordance with and for the purposes provided in N.J.S.A. 45:24-5 and shall remain in force for the term of the license and shall be conditioned as follows: to indemnify and pay the City any penalties or costs incurred in the enforcement of any of the provisions of this article and Chapter 213, Licensing, and to indemnify or reimburse any purchaser of personal property from the licensee in a sum equal to at least the amount of any payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the licensee's agents, servants or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.
The license issued under this article shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license desires to do business in more than one place within the City, separate licenses may be issued for each place of business. Every person who is required to hold a license under this article shall carry the same when engaged in the business for which the license is issued. In addition, each licensee shall be required to have on his or her person a full and complete copy of the application for the license. Any alterations, erasures or mutilations shall void the license.
Except for a mobile retail food establishment license, all licenses issued pursuant to this article shall be valid only for a four-day period. Each additional four-day period shall be the subject of a separate license. No licensee shall be issued more than four licenses in any one calendar year.
A mobile retail food establishment license shall be valid for six months per calendar year. If a mobile retail food establishment license shall be issued after July 1 of any year, it shall expire as of December 31 of the year of issuance.
All licensees who offer to sell, display for sale or sell or deliver fruits and vegetables and farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all fruits, vegetables and produce of any kind and nature covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insects from alighting around or upon any and all of the merchandise.
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport it solely in refrigerated vehicles. All such products shall remain in the refrigerated portion of the vehicle at all times during the time of sale or delivery. The refrigerated portion, while in use, shall be maintained at a properly low temperature to completely safeguard all such products from a health and sanitary standpoint to the fullest reasonable extent possible for the safety and welfare of the public.
Licensees shall comply with the following regulations:
Waste material regulations. No licensee shall at any time permit any debris, waste materials, rotting produce or merchandise of any kind or any unfit produce to remain in or upon their vehicle, unless it is contained in a metal leakproof container having a properly fitted metal cover on the container.
Merchandise vehicle regulations. No licensee shall sell or attempt to sell any articles to pedestrian or vehicular traffic, other than when the licensee's vehicle is properly parked immediately adjacent to the curb of a public street in a permitted locality. Such licensee shall at no time double park when dealing with any of the licensee's trade and in no event shall transact any business operations other than on the curbside of the vehicle.
Debris. No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks and shall at all times remove any such debris that may have fallen from the vehicle. Such litter shall be immediately placed in the metal containers, as hereinabove provided.
Sale of merchandise. All sales of any merchandise by any licensee shall, at the time of the sale, be placed in bags or other like suitable containers when such merchandise is handed to the customer.
Compliance with governing laws. All licensees, while carrying on their permitted business, shall fully comply at all times with all of the terms, covenants and conditions of this article and all other applicable City ordinances and all other applicable state laws, regulations or provisions pertaining thereto and particularly, but not in limitation thereof, that may deal with provisions of health, safety and general welfare.
Any license issued pursuant to this article may be revoked by the Municipal Clerk or his designee for any of the following causes:
Any fraud, misrepresentation or false statements contained in the application for license;
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise;
Any violation of this article;
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
An appeal from any such revocation may be made to the Common Council within 10 days of the date of the revocation. The Common Council shall hear such appeal and render its decision within 45 days thereafter.
The Municipal Clerk shall deposit the license number with the Chief of Police. The Chief of Police shall report to the Municipal Clerk any complaints against any licensee. The Municipal Clerk shall keep a record of all such licenses and of such complaints and violations.