[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:
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.
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.
A.
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.
B.
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.
[Added 11-10-2009 by Ord. No. 24-2009]
A.
CHARITABLE ORGANIZATION
(1)
(2)
CHARITABLE PURPOSE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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
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.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
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.
B.
Roadway solicitation permitted. The City shall permit qualified charitable
organizations to solicit contributions for charitable purposes in
roadways situated in the City.
C.
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:
(1)
Name of applicant organization;
(2)
Address of applicant organization;
(3)
Telephone number of applicant organization;
(4)
Contact person of applicant organization;
(5)
Specific location or locations of proposed charitable solicitation;
(6)
Dates and times of proposed charitable solicitation;
(7)
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.
D.
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.
E.
General provisions.
(1)
Each person soliciting charitable contributions on behalf of a charitable
organization must be at least 18 years old.
(2)
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.
(3)
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.
(4)
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way that arose out of the solicitation
activity.
(5)
Solicitation shall only be permitted during daylight hours.
(6)
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.
(7)
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.
(8)
All solicitors must wear orange or yellow safety vests while soliciting
in the roadway.
(9)
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.
(10)
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.
F.
G.
Signage requirements.
(1)
Signs advertising the roadway solicitation are permitted, but they
must be of a temporary construction.
(2)
Signs shall be a maximum of 16 square feet.
(4)
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
(5)
All the signs warning, noticing, or advertising a solicitation shall
be removed immediately following the solicitation event.
H.
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:
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.
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.
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.
A person conducting a sale pursuant to statute or court order;
B.
A person soliciting a vote or support for any political candidate
or program;
C.
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;
D.
A person delivering or soliciting newspapers;
E.
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.
A.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
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;
(7)
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative;
(8)
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;
(9)
A copy of a valid certificate of authority issued pursuant to N.J.S.A.
54:32B-15.
B.
All such applications shall be filed at least 30 days from the scheduled
date of the activity for which an application is sought.
A.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
The Fire Prevention bureau shall examine such application to determine
compliance with all applicable statutes, codes and regulations pertaining
to fire safety.
B.
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.
C.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
F.
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.
A.
Any license issued pursuant to this article may be revoked by the
Municipal Clerk or his designee for any of the following causes:
(1)
Any fraud, misrepresentation or false statements contained in the
application for license;
(2)
Any fraud, misrepresentation or false statements made in connection
with the selling of goods, wares or merchandise;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude;
(5)
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.
B.
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.
