For the purposes of this chapter only, the terms "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
Pursuant to N.J.S.A. 40:48-2.60 et seq., entities utilizing
clothing bins for the receipt of donations are required to obtain
a permit from the municipality permitting such use. Notwithstanding
any other provision of law to the contrary, no person shall place,
use, or employ a donation clothing bin within the City of Corbin City
for solicitation purposes without obtaining a permit from the Zoning
Officer after approval by City Council. Permits are renewable on an
annual basis during the month of January.
The application for obtaining a permit shall include:
A. The location where the bin would be situated, as precisely as possible;
B. The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of the collected donations would
be allocated or spent;
C. The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin at which such person can be reached during normal
business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
D. Written consent from the property owner to place the bin or his or
her property.
The owner/applicant must be recognized as a charitable nonprofit
501(c)(3) corporation, organization, or an officer of such corporation
or organization on whose behalf the application is being made. Such
applicant shall submit the required sufficient documentation demonstrating
the formal creation and recognition by the Internal Revenue Service
of the establishment and present status of the charitable corporation
or organization.
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In addition to the above application requirements, renewal applications
must include:
A. A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates may be made in these
processes during the period covered by the renewal;
B. The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal; and
C. If the location of the bin is to be moved, the new location where
the bin is to be situated as precisely as possible and written consent
from the property owner of the new location, and approved by the Zoning
Officer.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and its date of expiration;
B. The name and address of the registered person who owns the bin, and/or
any other entity which may share or profit from any clothing or other
donations collected via the bin;
C. The telephone number of the owner'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. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
D. In cases when any entity other than the person who 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 person who owns the bin, and identifying all such entities
which may share or profit from such donations; and
E. A statement, consistent with the information provided to the City
in the most recent permit or renewal application, indicating the manner
in which the owner anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this chapter or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), shall be subject to the general penalties as set forth in Chapter
103 of the Corbin City Code and may be deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61)