As used in this chapter, the following items shall have the
meaning indicated:
CLOTHING BINS
Any container or receptacle to the public as a place where
people can drop articles of clothing and to store such clothing until
carted away.
No person shall use, place or employ a donation clothing bin
for solicitation purposes at a location that is not directly and continuously
attended unless all of the following requirements are met:
A. The donation clothing bin is owned by a charitable organization registered
pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.);
B. The registered charitable organization has obtained a permit from
the local law enforcement agency within the municipality in which
the donation clothing bin will be placed as follows:
(1) In its application for such a permit, the registered charitable organization
shall indicate the location where the bin would be situated as precisely
as possible;
(2) The local enforcement agency shall not grant an application for a
permit to place, use or employ a donation clothing if it determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within 200 yards of any school, public building, or place
which stores large amounts of, or sell, fuel or other flammable liquids
or gases; and
(3) The local enforcement agency may impose a fee for such application,
not to exceed $25 annually to offset the costs involved in this chapter.
C. The registered charity and any other entity which may share or profit
from any clothing or other donations collected via the bin maintains
a bona fide office where a representative of the charitable organization
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the charitable organization or other entity. For the purposes
of this subsection, an answering service unrelated to the charitable
organization does not constitute a bona fide office;
D. The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(1) The name and address of the registered charitable organization that
owns the bin, and of any other entity which may share or profit from
any clothing or other donations collected via the bin;
(2) The registered charitable organization's charitable registration
number;
(3) The telephone number of the registered charitable organization's bona fide office, and if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin required pursuant to Subsection
C of this section;
(4) The following statement: "INFORMATION FILES WITH THE NEW JERSEY ATTORNEY
GENERAL'S DIVISION OF CONSUMER AFFAIRS IN THE DEPARTMENT OF LAW
AND PUBLIC SAFETY CONCERNING THIS CHARITABLE ORGANIZATION MAY BE OBTAINED
FROM THE DIVISION BY CALLING __________________ AND IS AVAILABLE ON
THE INTERNET AT _____________________. REGISTRATION WITH THE DIVISION
OF CONSUMER AFFAIRS DOES NOT IMPLY ENDORSEMENT" (with the telephone
number and Internet website address though which members of the general
public may obtain information from the Division of Consumer Affairs
about the information filed by the registered charitable organization
inserted in place of the appropriate blanks);
(5) A copy of the permit granted pursuant to Subsection
B of this section; and
(6) In cases when any entity other than the registered charitable organization
which owns the bin may share or profit from any clothing or other
donations collected via the bin, a notice, written in a clear and
easily understandable manner, indicating that clothing or other donations
collected via the bin, their proceeds, or both, may be shared, or
given entirely to an entity other than the registered charitable organization
which owns the bin, and identifying all such entities which may share
or profit from such donations.