Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For reference to the Code section requiring Payment of Taxes and Rents Required Prior to Issuance of Licenses or Permits, see Section 2-75.
[1975 Code § 82-1; Ord. No. 08-84; New]
No person shall engage in or carry on any business within the Business District in the Borough or aid or assist, as employee, clerk or otherwise, in carrying on any such business or in using any wagon, vehicle, stand, store or other place or thing or sell or offer for sale any goods or thing for which a license is required by the terms of this section, unless a license as herein provided for shall have been first obtained.
[1975 Code § 82-2; Ord. No. 08-84]
a. 
Application for a license shall be made to the Borough Clerk, and no license shall be granted until the payment has been made. Every license shall specify by name the person, firm, entity or corporation to whom it shall be issued, the business for which it is granted and the location at which such business is to be carried on.
b. 
The certificate of license shall be conspicuously displayed on the premises where the business is conducted. Licensees having no local place of business shall exhibit their licenses when requested to do so by officers of the Police Department.
[1975 Code § 82-3; Ord. No. 08-84]
a. 
All license fees shall be due and payable to the Borough Clerk at her office in the Borough Hall at the time that the application is made for the license hereunder.
b. 
In the event that there is a change in ownership of a business, a change in the location of the business or a change in the business at a particular location then the person, firm, entity or corporation operating the business shall be required to make a new application for a license to the Borough Clerk under the terms of this section.
[1975 Code § 82-4; Ord. No. 08-84; Ord. No. 021-84; Ord. No. 02-2001 § 1; Ord. No. 09-2007 § 1]
a. 
All businesses licensed hereunder conducted within the Borough shall pay an initial license fee of $30. All businesses licensed hereunder shall be required to renew their license annually on January 1st at a renewal fee of $15. There shall be a 30 day grace period for renewal, however if renewal is not made by February 1st, there shall be a five ($5.00) dollar late fee to be added to the renewal fee. If renewal payment is not made prior to April 1 the license shall be deemed to be in default.
b. 
The fees herein imposed for such licenses are imposed for regulation and information to insure the health and safety of the Borough residents.
[1975 Code § 82-5; Ord. No. 08-84]
a. 
No license certificate shall be issued to any person, firm, entity or corporation who has not complied with the laws of the State of New Jersey or the ordinances of the Borough providing regulations respecting the safety of persons who may have occasion to use the premises, place or thing licensed.
b. 
The Mayor shall have the right to revoke any license whenever the holder thereof or any of the licensees, agents or servants violate any provisions of this section, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. After written notice of the revocation has been served upon the licensee, an appeal may be filed with the Borough Council within 10 days of the service of the notice. The Council shall thereupon conduct a hearing in the matter within 15 days after receipt of the notice of appeal and shall render a decision within 30 days of receipt of the notice of appeal.
c. 
No license provided for by this section shall be transferred from one person, firm, entity or corporation to another person, firm, entity or corporation, and no license shall cover any other place of business than that for which it was issued.
[1975 Code § 82-6; Ord. No. 08-84; Ord. No. 021-84]
This section shall not apply to the operation of roadside stands for the sale of agricultural products or to yard sales conducted on a nonregular basis by a citizen of the Borough.
[1975 Code § 82-7; Ord. No. 08-84; New]
Each and every person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 90-1]
This section is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the Borough. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or distributing materials within the Borough may be established, so that general regulations may be more effectively enforced, for the protection and maintenance of the health, safety and welfare of the inhabitants of the Borough and to prevent dishonest business practices and dishonest solicitation of funds in the Borough.
[1975 Code § 90-2]
As used in this section:
MERCHANDISE
Shall mean all goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services, and orders or contracts for services, home improvement or alterations, and anything that may be sold or distributed by peddlers or solicitors, as defined herein.
PEDDLER
Shall mean any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
SOLICITOR
Shall mean any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser." "Solicitor" shall also mean any person who goes from door-to-door as described above for the purpose of soliciting or collecting funds from a stationary location on any street or other place.
TRANSIENT MERCHANT
Shall mean any person engaging in the activities commonly referred to as transient merchant or itinerant vendor who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement, and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
[1975 Code § 90-3]
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Borough without first registering with the Borough Clerk, filing an application for registration, paying a registration fee and obtaining a registration certificate from the Borough Clerk.
[1975 Code § 90-4]
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor or transient merchant may conduct his activities within the Borough only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during his conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any person or Police Officer upon request. All certificates shall expire December 31 of the calendar year in which they are issued.
[1975 Code § 90-5]
Every applicant for a certificate under this section shall file with the Borough Clerk a sworn written application on a form to be furnished by the Clerk, which shall give or be accompanied by the following:
a. 
Name and description of the applicant.
b. 
Permanent home address and full local address of the applicant.
c. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The length of time for which the certificate is desired.
f. 
If a vehicle is to be used, a description of such vehicle and its license number.
g. 
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
h. 
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two by two (2 x 2) inches.
i. 
Two business references located in the County of Monmouth, State of New Jersey, or in lieu thereof such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
j. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
k. 
The fingerprints of the applicant.
[1975 Code § 90-6]
a. 
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Borough Clerk; the Clerk shall refer the original to the Chief of Police, who shall make or cause to be made within five days such investigation of the applicant's business responsibility and character as he deems necessary for protection of the public good.
b. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and return the application to the Borough Clerk. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
1. 
Conviction of a crime involving moral turpitude.
2. 
Prior violation of a peddling or soliciting ordinance.
3. 
Previous fraudulent acts or conduct.
4. 
Record of breaches of solicited contracts.
5. 
Concrete evidence of bad character.
c. 
In the absence of any such finding, the Chief of Police shall find the application satisfactory and shall endorse his approval on the application and return the application to the Borough Clerk.
[1975 Code § 90-7]
a. 
If an application is found unsatisfactory by the Chief of Police and he endorses his disapproval upon the application, the Borough Clerk shall notify the applicant by mail that the application is disapproved and shall deny the applicant any registration certificate.
b. 
If an application is found satisfactory by the Chief of Police, the Borough Clerk shall issue a registration certificate addressed to the applicant to conduct the business applied for upon payment of the proper fee by the applicant. Such certificate shall contain the signature of the issuing officer and shall show the name, address and photograph of the applicant, the type of business (peddler, solicitor, transient merchant) the applicant has registered for, the kind of goods or services to be sold thereunder, the date of issue, the length of time the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed.
[1975 Code § 90-8]
a. 
Certificates issued under the provisions of this section may be revoked by the Mayor and Borough Council after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or a material incorrect statement contained in the application for a certificate.
2. 
Fraud, misrepresentation or a material incorrect statement in the course of carrying on his business as solicitor, peddler or transient merchant.
3. 
Any violation of this section.
4. 
Conviction of any crime or misdemeanor.
5. 
Conducting the business of peddler, solicitor or transient merchant in any unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a certificate shall be given by the Borough Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the certificate holder at the address given on the application at least five days prior to the date set for the hearing, or shall be delivered by the agent of the Borough in the same manner as a summons at least three days prior to the date set for the hearing.
c. 
Upon revocation, the certificate shall be surrendered to the Borough Clerk.
[1975 Code § 90-9]
Prior to the issuance of any certificate, the applicant shall file with the Borough Clerk a bond to the Borough in the amount of $1,000, which bond, to be executed by the proposed certificate holder as principal, shall be in a surety company licensed to do business in the State of New Jersey, which bond shall be in accordance with and for all purposes as provided in New Jersey Revised Statues 45-245, and which bond shall remain in force for the term of the certificate to be issued and shall be conditioned as follows:
a. 
To indemnify and pay the Borough any penalties or costs incurred in the enforcement of any of the provisions of this section and to indemnify or reimburse any purchaser of personal property from the certificate holder in a sum equal to at least the amount to make good the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the certificate holder'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 parts thereof.
b. 
The aforesaid bond shall be declared forfeited upon proof of falsification in the application for a certificate.
c. 
The bond shall be deemed forfeited upon proof of violation of any of the provisions of this section by the certificate holder or his agents, servants or employees.
[1975 Code § 90-10]
Any person aggrieved by the action of the Chief of Police or of the Borough Clerk in the denial of a certificate, as provided in subsection 4-2.7, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Clerk, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in subsection 4-2.8 for notice of hearing on revocation. The decision of the Borough Council on such appeal shall be final and conclusive.
[1975 Code § 90-11; Ord. No. 03-85]
No person or certificate holder shall:
a. 
Peddle, solicit or distribute merchandise except between the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.
b. 
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Borough and displaying his certificate.
c. 
Peddling, soliciting or distributing merchandise from the public streets or public right-of-way. There shall be no peddling, soliciting or distributing of merchandise from a vehicle to persons who are pedestrians on the street, public right-of-way or sidewalks in the Borough. This shall not prevent a person from going door-to- door to sell products that are stored in a motor vehicle and have to be removed therefrom to be sold. No persons or certificate holders shall be permitted to operate in a congested area where his operations might impede or inconvenience the public.
d. 
Leave at a property or house or in any public place circulars, samples or other matter, except newspapers, which shall be defined as a periodical with a paid circulation of at least 90% of its total circulation, except when handed to a person or house occupant.
e. 
Enter or attempt to enter the land of any resident in the Borough without an express invitation from the occupant of the house.
f. 
Conduct himself in such manner as to become objectionable to or annoy an occupant of any house.
g. 
Shout, cry out, blow a horn, ring a bell or use any sound-making, or amplifying device upon any of the streets, parks or public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places of the Borough or upon private premises, for the purpose of attracting attention to any merchandise or services.
h. 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
i. 
Litter the streets, public places or properties within the Borough with any merchandise or printed material.
[1975 Code § 90-12]
a. 
At the time of issuance of a registration certificate, the following fees shall be paid by the applicant:
1. 
Peddler, $10.
2. 
Solicitor, $100.
3. 
Transient merchant, $100.
b. 
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately and each shall pay the appropriate fee. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this section and the payment of fees and posting of bond, except that the investigation and waiting period therefor may be waived if approved by the Borough Clerk and Chief of Police.
[1975 Code § 90-13]
The following persons are exempt from the payment of a fee and, in the discretion of the Borough Clerk, the investigation procedures, upon compliance with all other provisions of this section and submission of applicable identification and documents to support their claim to exemption:
a. 
Any charitable or religious society that shall conduct sales of personal property where the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
b. 
Any person honorably discharged or discharged under honorable conditions from the active military services of the United States, possessing a peddler’s license issued in conformity with N.J.S.A. 45:24-9 and 10.
[Amended 9-24-2019 by Ord. No. 16-2019]
c. 
Any person who is an exempt fireman of the volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with the law.
d. 
Any public utility or its employees, which public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
e. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
f. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
g. 
Any school, political or civic organization, benevolent society, service club or organization not for profit which is located in the Borough or has a substantial membership from the Borough.
[1975 Code § 90-14]
The Borough Council may, by resolution, exempt persons from the bond requirement, provided the applicant satisfies the Council that the nature of his activity does not jeopardize the position of the Borough or the protection given herein to the residents.
[1975 Code § 90-15; New]
Any person violating the terms of this section, whether as principal, agent or employee of another, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 45-1]
No person shall conduct a public exhibition, including a circus, theatrical performance, fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity, or performance or exhibition of such nature, within the Borough, without first obtaining a license for such performance or exhibition from the Borough Clerk.
[1975 Code § 45-2; Ord. No. 08-83; New]
a. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL AMUSEMENT DEVICE
Shall mean any machine which may be operated for entertainment or amusement in public, whether the machine is coin-operated or not, and whether or not it registers a score or tallies. This definition shall include, but shall not be limited to, pinball machines, bowling machines, billiard tables, electronic games and jukeboxes. This enumeration is intended to be typical and shall not be construed as exclusive.
OPERATOR
Shall mean any person, firm, partnership, corporation or association in whose place of business a jukebox or two or more commercial amusement devices are placed or kept for operation and use by the public.
b. 
License. No person shall operate any premises wherein are located any mechanical or electronic amusement devices for the playing of games, commonly known as "pinball machines," "bowling alleys," "shooting galleries," "mechanical grabbing machines," "billiard or pool tables," mechanical musical devices, commonly known as "jukeboxes," electronic games, or any game, operation or transaction similar thereto, under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical, without first obtaining a license for each such premises from the Borough Clerk.
[1975 Code § 45-3; Ord. No. 08-83]
Applications for licenses shall be made upon forms to be supplied by the Borough Clerk for that purpose. Applications shall contain the following information:
a. 
For All Licenses Required by this Section:
1. 
Name and address of the applicant.
2. 
Type of person: whether individual, partnership, corporation or other type of legal person.
3. 
Age, date and place of birth and citizenship of applicant and any resident natural agent or applicant.
4. 
If applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
5. 
If applicant is a corporation, the names, addresses and citizenship of all officers.
6. 
The prior criminal record of the applicant, if any, setting forth the date or dates of conviction, the nature of the violation and the jurisdiction in which the violation occurred. If the applicant is a partnership, the same information shall be supplied for each partner, and if the applicant is a corporation, this information shall be supplied for each of the principal officers of the corporation.
7. 
A full description of the device or devices to be used by the applicant and made available to the public.
8. 
The street number and description of the area where the machines are to be operated, stating the floor or floors of the premises and attaching a sketch showing the rooms or areas involved. Such sketch shall be drawn to scale with the scale set forth on the sketch and shall designate all exits, windows and storage spaces to be used in the operation.
9. 
A sketch showing the location of all structures and designating the owners of the structures within 200 feet of the proposed operation. Such sketch shall also designate prominent landmarks within the 200 foot radius, shall be drawn to scale with the scale set forth on the sketch and shall show all streets and proposed areas of off-street parking to be utilized by the general public for the operation.
10. 
Any other information in compliance with all local, County, State and Federal requirements.
b. 
For Licenses to Conduct Public Exhibitions as Required by Subsection 4-3.1.
1. 
Proposed location and duration of exhibition.
2. 
Nature of exhibition to be presented.
3. 
A detailed description of each exhibition, entertainment or performance to be presented at the proposed location of the event.
4. 
The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.
c. 
For Licenses to Operate Any Premises Wherein Are Located Any Amusement Devices as Described in Subsection 4-3.2.
1. 
Place and description of the machines or devices to be displayed or operated and the business conducted at that place.
[1975 Code § 45-4; Ord. No. 08-83]
a. 
Upon presentation of an application and payment of all required fees as provided herein, the Borough Clerk shall refer such application to the Chief of Police, subcode official or other persons designated by the Mayor and Council for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Mayor and Council in determining whether or not such license should be granted.
b. 
The Mayor and Council, upon receipt of a written report by the investigators, shall decide whether or not a license shall be issued, considering among other things the effect of the amusement or exhibition upon the peace, welfare and good order of the Borough.
c. 
In granting licenses, the Mayor and Council may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or any device emitting or amplifying sound used at any exhibition, as well as impose further conditions, the violation of which shall constitute a violation of this section and shall subject the violator, upon conviction, to the penalties provided for offenses against this section.
[1975 Code § 45-5; Ord. No. 08-83]
a. 
An annual license renewal is required for places wherein are located any mechanical amusement devices as described in subsection 4-3.2. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for a license, submission of the annual license fee and approval of the renewal by the Mayor and Council. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license.
1. 
Premises. An operator shall be charged a fee of $1,000 per annum, which fee shall be submitted with the application for the operation of the premises. Once an operator's application has been approved by the Mayor and Council, the Borough Clerk shall issue a license, which license shall be prominently displayed on the premises.
2. 
Commercial Amusement Devices. With the exception of jukeboxes, a fee of $100 per annum shall be charged for each commercial amusement device located on the premises for any portion of a calendar year beginning January 1 and ending December 31. A fee of $50 plus $5 for each separate coin receptacle on the premises shall be paid per annum for each jukebox located on the premises for any portion of a calendar year as detailed above. For each commercial amusement device, jukebox and separate coin receptacle therefor for which a fee is paid, the Borough Clerk shall issue an annual license, which license must be displayed on the machine in a prominent location and readily visible to members of the public and enforcing officials. Each such license shall designate the location where it is to be utilized. Commercial amusement device licenses may be transferable from one machine to another; however, such transfer shall be confined to the original premises indicated on the license.
b. 
The license fee for each public exhibition as described in subsection 4-3.1 shall be $25 for each day such exhibition shall continue, payable at time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Mayor and Council.
c. 
License fees submitted with applications which are either withdrawn by applicants or denied by the Mayor and Council shall be refundable, less actual costs of investigation incurred by the Borough. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of license fees paid for licenses after such licenses shall have been approved by the Mayor and Council.
d. 
Renewals.
1. 
Premises Licenses. An operator shall annually renew a premises license by filing notice with the Borough Clerk between October 1 and November 1 of any calendar year preceding the calendar year for which the license is to be renewed. The notice shall be accompanied by payment of the annual fee.
2. 
Commercial Amusement Device Licenses. The annual fee for each machine shall be due and payable on or before January 10 of the calendar year in which the machines are operated. A fee for any additional machines to be added to an operator's premises shall be payable when the machines are brought to the operator's premises, and there shall be no refund or credit given for any machines removed from the premises during any portion of the calendar year, nor shall there be any proration of license fees.
3. 
Objections. Any objections to the renewal of an operator's license shall be filed with the Borough Clerk. All objections shall be in writing and shall be signed by the individual or entity making the objection. A hearing on the objection to renewal shall be held upon at least 10 days' notice to the licensee and the person objecting on or before October 1 in the year immediately preceding the year for which the operator seeks renewal. Notice of the hearing shall be published at least once in a newspaper circulating within the Borough, no less than 10 days prior to the hearing. All hearings shall be conducted by the Mayor and Council at a special meeting convened solely for the purpose of hearing objections and deciding the issue of renewal. If a majority of the Mayor and Council determines that the operator has violated the terms and provisions of this section and that such violations are likely to continue, then the operator's license shall not be renewed. In rendering its decision, the Mayor and Council shall set forth in writing its findings of fact, conclusions and reasons therefor. A copy of its decision shall be sent to the operator and person or persons who filed objections within 20 days of the hearing's conclusion. Any licensee shall be entitled to continue the operation of the licensed premises pending the decision of the Mayor and Council.
[1975 Code § 45-6]
Before any license shall be issued for any exhibition or amusement device hereunder, the applicant may, at the discretion of the Mayor and Council, be required to secure a public liability insurance policy in such principal sum as the Mayor and Council may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Borough will be saved harmless for any injury to persons or property because of fault or default by the licensee. The policy shall be issued by an insurance company authorized to do business in the State of New Jersey, in a form approved by the Borough Attorney, and shall be filed with the Borough Clerk. A bond or certified check shall be required in the amount of $250 for cleanup and return of property to previous condition. Such bond or certified check shall be returned upon satisfactory inspection by the Chief of Police.
[1975 Code § 45-7]
Nonprofit organizations of the Borough, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this section, but shall be required to secure a license for exhibitions or amusement devices required to be licensed and shall observe all rules of conduct for licensees established herein.
[1975 Code § 45-8; Ord. No. 08-83]
a. 
Licensees shall not permit gambling at any licensed exhibition or on any licensed premises, except as may be permitted by State Statute.
b. 
Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in subsection 4-3.2, nor any person under 16 years of age to remain at any licensed exhibition after the hour of 10:00 p.m. unless such person is in the company of his parent or guardian.
c. 
This provision shall not apply to the operation of jukeboxes. No licensee shall permit the giving of any performance of a lewd, suggestive, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance.
d. 
No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic or hallucinogenic drug, or any person whose conduct tends in any way to corrupt the public morals, to be admitted to or to remain in or about any licensed exhibition or premises.
e. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to the use of the machines.
f. 
No operator shall permit the noise level of any licensed premises to interfere with the reasonable use of any adjacent structures.
g. 
During all hours of operation, either the operator or an adult paid employee of the operator shall be on the premises and in a position to observe all machines and members of the public engaged in their operation.
h. 
No more than 25% of the total floor space of any premises open to the public shall be occupied by commercial amusement devices.
[1975 Code § 45-9]
a. 
Licensees shall post their licenses conspicuously at the location of the licensed exhibition or on the premises licensed.
b. 
Licensees desiring to transfer their licenses to new locations within the Borough or to change or revise their list of licensed amusement devices shall submit application for such relocation, change or revision to the Borough Clerk for approval by the Mayor and Council. No refund of any license fee shall be made if an application for relocation, change or revision is disapproved.
c. 
No license shall be transferable from one person to another.
[1975 Code § 45-10]
a. 
The Mayor and Council reserve the power to revoke any license issued under the provisions of this section at any time where such licenses were procured by fraud or false representation of facts or for the violation of or failure to comply with any provision of this section by any licensee or by the servants, agents or employees of licensees, or upon the conviction of the licensee for any crime or offense involving moral turpitude, or conviction of any of his servants, agents or employees for any crime or offense involving mortal turpitude committed on the location or premises licensed.
b. 
In the case of any public exhibition as described in subsection 4-3.1, such revocation may be without hearing thereon, and upon the service of a notice of revocation by either personal service, mail or posting on the location for which a license is issued, the public exhibition shall cease operations immediately.
c. 
In the case of any mechanical amusement device as described in subsection 4-3.2, the Mayor and Council shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for a license, a notice stating the time and place of the hearing concerning the revocation. At the hearing the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Mayor and Council shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from decisions of the Mayor and Council as provided by law.
[1975 Code § 45-11; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 88-1]
No public meetings, assemblies or parades in or upon the public streets, highways or other public places of the Borough shall take place or be conducted until a permit therefor shall have been obtained from the Mayor and Council as provided hereinbelow.
[1975 Code § 88-2]
Any person wanting to conduct a public meeting, assembly or parade at any public place in the Borough shall file an application therefor with the Mayor and Council at least five days in advance of the proposed meeting, assembly or parade, which application shall designate the proposed date, time and place, and, if a parade, the proposed route along which such parade is intended to march or travel, and the names of the persons in control of the same or responsible therefor. The Mayor and Council shall forthwith issue a permit upon the application unless a prior application for the time and place shall have been made, in which event the Mayor and Council shall indicate another time and place, and upon the selection of the alternative time and place by the applicant, the Mayor and Council shall forthwith grant a permit therefor; provided, however, that the Mayor and Council may refuse a permit for the meeting, assembly or parade when in its judgment the conditions of vehicular and pedestrian traffic or the effect upon stores, offices or other places of business or upon residents in the vicinity, all considered in relation to the comfort and convenience of the public generally and to peace and good order, shall so warrant. Upon denial by the Mayor and Council of any application made in pursuance of this section, the applicant may appeal from such determination within three days thereafter to the Mayor and Council by filing the appeal with the Borough Clerk, who shall thereupon promptly convoke a meeting of the Mayor and Council for the purpose of acting upon the appeal. Upon such appeal the Mayor and Council may reverse, affirm or modify in any regard the original determination by a vote of a majority of those present at the meeting. To carry out the judgment of the Mayor and Council upon an appeal, the Borough Clerk is directed to issue or deny a permit in conformity with the judgment of the Mayor and Council.
[1975 Code § 88-3]
This section shall not be construed to apply to funeral services or funeral processions.
[1975 Code § 88-4; New]
Any person violating any of the provisions of this section shall, upon conviction by a court of competent jurisdiction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 10-2011]
As used in this chapter, the following terms shall have the meanings indicated:
DEALER
Shall mean any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys and sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
ITINERANT BUSINESS
Shall mean any business conducted immediately within the Borough of Allentown or at varying locations.
MINOR
Shall mean any person under the age of 18 years.
PERMANENT-BASED BUSINESS
Shall mean any business conducted on a year round basis and housed in a single structure, such as a store or residence.
[Ord. No. 10-2011]
Each dealer conducting business within the jurisdiction of the Borough of Allentown shall first register with the Chief of Police, or office in charge, who shall fingerprint the applicant and institute such an investigation of the applicant's moral character and business responsibility, as he deems necessary for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section. Upon completion of the investigation, the Chief of Police, or officer in charge, shall either issue or deny the license based upon the results of his investigation. Upon the issuance of the license, the applicant shall be given a copy of Section 4-5.
[Ord. No. 10-2011]
a. 
Upon issuance of license, the fee shall be based as provided hereinafter.
b. 
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31st of the year in which said license is issued.
[Ord. No. 10-2011]
Each dealer shall maintain a complete record of each purchase and sale, including the amount paid, description of the item and any identifying numbers or engravings. The dealer shall also obtain the name, address, and date of birth, driver's license number and state of issuance for the person from whom the items were purchased, received or sold. This information is to be documented on the "Secondhand Jewelry Transaction Receipt" form supplied by the Allentown Police Department. These records shall be subject to the inspection of any authorized police officer of the Borough of Allentown. The records required to be maintained shall be kept confidential by the dealer and shall be released only to appropriate law enforcement personnel.
[Ord. No. 10-2011]
Each dealer doing business in the Borough of Allentown shall deliver to the Chief of Police or the officer in charge, the description of all items purchased, received or sold within 48 hours of the completion of the transaction of the "Secondhand Jewelry Transaction Receipt" forms prescribed by the Chief of Police, or officer in charge.
[Ord. No. 10-2011]
No dealer shall sell, melt or change the form of or dispose of any articles purchased or received within 45 days of the date of said purchase, and all such items shall be made available for at least 45 days to any authorized police officer requesting such items.
[Ord. No. 10-2011]
Each dealer must require identification of the person with whom he is transacting business, and no transaction may be made with any minor, as herein defined, nor with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics or hallucinogenic or habit-producing drugs.
[Ord. No. 10-2011]
Licenses issued under the provisions of this section may be revoked by the Chief of Police or officer in charge, after a hearing, upon notice to the applicant for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for license.
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
c. 
Any violation of this section.
d. 
Conviction of any crime or disorderly person offense involving moral turpitude.
e. 
Conducting the business of soliciting or canvassing in an unlawful manner or such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.
[Ord. No. 10-2011]
Any person who violates any provision of this section shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days. If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense.
[Ord. No. 10-2011]
The fee for a precious metal, gems and jewelry license shall be $200 per calendar year.
[Ord. No. 13-2016]
The Borough Council designates the Municipal Clerk of the Borough of Allentown as the person having the authority to approve the granting of raffle and bingo licenses pursuant to the terms of N.J.A.C. 13:47-1.1.
[12-10-2019 by Ord. No. 22-2019]
As used in this chapter, the following terms shall have the meanings indicated:
CLOTHING DONATION BIN
Any receptacle or container made of metal, steel, or any other material designed for the collection and temporary storage of donated clothing or other materials.
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a clothing donation bin within the Borough for solicitation purposes unless all of the following requirements are met:
a. 
The clothing donation bin is owned or sponsored by a voluntary emergency service organization (“voluntary organization”) registered pursuant to N.J.S.A. 45:17A-18 et seq., or is sponsored by any department, committee, or agency of the Borough;
b. 
The voluntary organization has obtained a permit, valid for a twelve-month period, from the Borough’s Zoning Officer in accordance with the following:
1. 
In its application for such a permit, the registered voluntary organization shall indicate:
(a) 
The location where the bin is currently situated or proposed to be situated which location shall be on the property owned by the voluntary organization;
(b) 
The manner in which the voluntary organization 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;
(c) 
The name and telephone number of the bona fide office of the voluntary organization and any entity which may share or profit from any clothing or other donations collected via the bin.
2. 
The Zoning Officer shall not grant a permit to place, use or employ a clothing donation bin if he or she determines that the placement of the bin could constitute a safety hazard.
3. 
The Zoning Officer shall impose a fee for such application, in the amount of $25 annually for each bin to offset the costs involved in enforcing this section.
4. 
An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of the applicable annual fee. Such application for renewal shall include information detailing:
(a) 
The location where the bin is situated, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted.
(b) 
The manner in which the voluntary organization has used, sold, or dispersed any clothing or other donations collected via the bin; the method by which the proceeds of collected donations have been allocated or spent; and any changes the voluntary organization anticipates it may make in the processes during the period covered by the renewal; and
(c) 
The name and telephone number of the bona fide office of the voluntary organization and 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.
5. 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the clothing donation bin in addition to the information required pursuant to Subsection d of this section.
c. 
The voluntary organization, 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 voluntary 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 voluntary organization or other entity. For the purposes of this subsection, an answering service unrelated to the voluntary organization does not constitute a bona fide office.
d. 
The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin:
1. 
The name and address of the registered voluntary organization that owns or is the sponsor of the bin, and any other entity which may share or profit from any clothing or other donations collected via the bin;
2. 
The registered voluntary organization's charitable registration number;
3. 
The telephone number of the registered voluntary 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 donation collected via the bin;
4. 
In cases when any entity other than the entity 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 entity which owns the bin, and identifying all such entities which may share or profit from such donations; and
5. 
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application, indicating the manner in which the entity 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.
It shall be the duty of each registered voluntary organization issued a permit hereunder to properly maintain and service any clothing donation bin placed within the Borough so as to prevent such clothing bin from creating a nuisance, hazardous or unsafe condition.
The Zoning Officer or other person designated by the Borough as a person authorized to enforce the provisions of this section shall, upon receipt of a complaint by a local resident or any other person that a clothing donation bin is causing a nuisance, hazardous or unsafe condition, investigate such complaint and take such enforcement action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A. 40:48-2.63. The Zoning Officer shall not be authorized to issue more than three total clothing donation bin permits within the Borough.
Any licensee who violates any provision of this section and fails to cure such violation within 48 hours of notice of such violation shall be subject to the following penalties, in addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63:
a. 
For the first offense: $100 per day.
b. 
For the second offense: $250 per day.
c. 
For the third offense: mandatory revocation of permit.
The owner of any clothing donation bin which is sponsored by any department, committee, or agency of the Borough shall be required to comply with the licensure requirements hereof, but shall specifically be exempt from the fee requirement hereof.