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Township of Hope, NJ
Warren County
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Table of Contents
Table of Contents
[1978 Code § 8-501]
This section is adopted with the intent to regulate the distribution of certain materials, peddling, soliciting and related activities within the Township and the registration of persons engaged in such activities is necessary so that the identity of persons going from door to door or distributing materials within the municipality may be established, so that general regulations may be more effectively enforced, for the protection and maintenance, health, safety and welfare of the inhabitants of the Township, and to prevent dishonest business practices and dishonest solicitation of funds.
[1978 Code § 8-502]
As used in this section:
DISTRIBUTOR
Shall mean any person who distributes or causes to be distributed on any street or public place within the Township any periodicals, books, magazines, handbill, circular, card or pamphlet or printed materials of any kind.
MERCHANDISE
Shall mean all goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services, and order or contracts for services, home improvements or alterations, and anything that may be sold or distributed by peddlers, solicitors or distributors as defined herein.
PEDDLERS
Shall mean any person, whether a resident of the Township 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."
PERSON
Shall mean any individual, firm, partnership, corporation, organization, club association, or any principal or agent thereof.
SOLICITOR
Shall mean any person, whether a resident of the Township 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," or any person who goes from door to door, as described above, for the purpose of soliciting and/or who collects funds from a stationary location on any street or other public 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.
[1978 Code § 8-503]
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 Township without first registering with, filing an application for registration, paying a registration fee and obtaining a registration certificate from the Township.
[1978 Code § 8-504]
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor, distributor or transient merchant may conduct his activities within the Township only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during the 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 12 months after the date of issuance.
[1978 Code 8-505]
Every applicant for a certificate under this Chapter shall file with the Township Clerk a sworn written application on a form to be furnished by the Clerk, which shall give or be accompanied by the following information or documents:
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 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.
[1978 Code § 8-506]
The Township Clerk, or other person designated by resolution of the Township Committee, may make such investigation as he shall deem necessary under the circumstances to verify information set forth in the application for registration.
[1978 Code § 8-507]
a. 
If an application is found satisfactory by the Township Committee, the Township 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, distributor, 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.
b. 
If an application is found unsatisfactory by the Township Clerk, he shall notify the applicant by mail within 10 days after application is made that the application is disapproved and shall deny the applicant any registration certificate.
[1978 Code 8-508]
a. 
At the time of the issuance of a registration certificate, a fee of $20 shall be paid by the applicant to cover the costs of investigation and the administration and enforcement of this section.
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.
[1978 Code § 8-509]
Any person aggrieved by the action of the Township Clerk, in the denial of a certificate, as provided by this section shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, 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 Township Committee 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 this section for notice of hearing on revocation. The decision of the Township Committee on such appeal shall be final and conclusive.
[1978 Code § 8-510]
a. 
Certificates issued under the provisions of this Chapter may be revoked by the Township Committee after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or a materially incorrect statement contained in the application for a certificate.
2. 
Fraud, misrepresentation, or a materially incorrect statement made in the course of carrying on his business as solicitor, peddler, distributor or transient merchant.
3. 
Any violation of this section.
4. 
Conviction of any crime or misdemeanor.
5. 
Conducting the business of peddler, solicitor, distributor or transient merchant in an 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 Township 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 holder of the certificate 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 Township in the same manner as a summons at least three days prior to the date set by the hearing.
c. 
Upon revocation the certificate shall be surrendered to the Township Clerk
[1978 Code § 8-511]
No person or certificate holder shall:
a. 
Peddle, solicit or distribute merchandise except between the hours of 9:00 a.m. and 5:00 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 Township and displaying his certificate.
c. 
Have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public.
d. 
Enter or attempt to enter the land of any resident in the Township without an express invitation from the occupant of the house.
e. 
Conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
f. 
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 Township 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 Township or upon private premises, for the purpose of attracting attention to any merchandise or services.
g. 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
h. 
Litter the streets, public places or properties within the Township with any merchandise or printed materials.
[1978 Code § 8-512]
The following persons or organizations are exempt from the payment of a fee and in the discretion of the Township Clerk, the application and/or investigation procedures, upon compliance with all other provisions of this section and submission of applicable identification and documents to support the claim to exemption.
a. 
Any charitable or religious society that shall conduct sales of personal property when 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 from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24.9 and .10.
c. 
Any person who is an exempt fireman of a volunteer fire department as defined in 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 the 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 or has a substantial membership from the Township.
[1978 Code § 8-601]
PUBLIC TAXICAB STAND
Shall mean a section of a public street or public place set apart for the exclusive use of a limited number of taxicabs when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
TAXICAB
Shall mean any vehicle propelled by horse or mechanical motor power, engaged in the business of the transportation of passengers for hire or pay within the township, either operated from stands in the public street or public place, only on telephone calls to a central office or in any other manner.
[1979 Code § 8-602]
The licensing of taxicabs shall be by the Township and such licenses when granted by the Township Committee, shall be countersigned by the Township Clerk. All fees shall be paid to the Township Clerk. The regulating and inspection of taxicabs, the application for license to own and operate taxicabs, the licensing of drivers as provided for in this section and the enforcing of the provisions of this section shall be under the control of the Township Committee. The Township Committee is authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs and requirements of construction and condition of fitness for the safe and adequate transportation of passengers and the general cleanliness of such taxicabs.
[1978 Code § 8-603]
No person shall hire out, keep or use for hire or pay, or cause to be kept or used for hire or pay any taxicab within the Township without first having obtained a license for the purpose.
[1978 Code § 8-604; Ord. #97-01, § 1]
Application for licenses for taxicabs shall be made by the owner, lessee or bailee upon a form to be furnished by the Township Clerk. The application shall contain the full name and address of the owner, lessee or bailee and the applicant, the year, type and model of vehicle for which the license is desired and the number of persons it is capable of carrying and shall be accompanied by the required fee. No vehicle shall be licensed unless it can accommodate a minimum of four passengers or a maximum of 15 passengers.
[1978 Code § 8-604]
The license fee for each taxicab shall be $50, which shall be payable on or before October 1. The licensing period shall extend from October 1 until the following September 30. The fee herein fixed for the issuance of the license is imposed for revenue.
[1978 Code § 8-604]
Upon approval and granting of a license for the operation of a taxicab within the Township by the Township Committee, the Township Clerk shall provide the licensee with a card containing the name of the applicant, a front straight view photograph of the licensee, the Township license number, a notice that in case of any complaint, the constable shall be notified of the same and the rates of fares under which the taxicab is operated. There shall also be issued one decal which shall be placed in the lower right hand corner of the rear window of the vehicle.
[1978 Code § 8-604]
Not more than five licenses for taxicabs shall be issued and outstanding at any time.
[1978 Code § 8-604]
a. 
In order to insure the safety of the public, it shall be unlawful for the owner, the lessee or the bailee of any taxicab to operate or cause to permit such taxicab to be operated, nor shall any license be issued hereunder until and unless the applicant shall have complied with the provisions of R.S. 48:16-1.20, except that liability insurance shall be at least $100,000/$200,000; $25,000 property damage.
b. 
Upon the failure of the licensee to file the insurance certificate with the Township Clerk or upon notice served to the Township Clerk that the insurance coverage of the licensee has been revoked or suspended, the Township Clerk shall refuse to issue the license or shall notify the Constable who shall forthwith have the license withdrawn from the licensee and shall so notify the licensee.
[1978 Code § 8-604]
a. 
The Township Clerk shall keep a register of the name of each person owning or operating a vehicle or vehicles licensed under this section together with the license number and the make and description of such vehicle with the date and complete record of inspection of it.
b. 
The constables shall maintain constant vigilance over all taxicabs to see that they are kept clean and in a condition of safety for the transportation of passengers and to this end, shall have the right at any and all times to inspect any and all licensed vehicles and shall maintain a record of all inspections. A copy of the inspection records shall be kept in the Township Clerk's office in compliance with paragraph a above. The records shall also include all violations of this Chapter and the Motor Vehicle Act by the licensee.
[1978 Code § 8-604]
Licenses granted under this section may be revoked or suspended at any time after hearing by the Township Committee, if the vehicles are not in a clean and safe condition for the transportation of passengers and are not kept in conformity with the terms of this section or any of the rules and regulations adopted by the Township Committee.
[1978 Code § 8-605; Ord. #89-22 § 1, 2]
a. 
Application. Each applicant for a driver's license under the terms of this Chapter shall conform to the following regulations:
1. 
Be of the age of 18 years or over.
2. 
Present the certificate of a reputable physician showing that he has been examined within 60 days and that he is of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or other infirmity of body or mind which might render him unfit for the safe operation of a taxicab.
3. 
Be a citizen of the United States.
4. 
Has not been convicted of a crime and has not violated any provisions of this section.
5. 
Not be addicted to the use of narcotics or intoxicating liquors.
6. 
Produce affidavits of his good character from at least two reputable citizens who have known him personally for at least two years and a further affidavit from his last employer unless in the estimation of the Township Committee, sufficient reason is given for its omission.
7. 
Fill out, upon a form provided by the Township Clerk, his full name, residence, places of residence for the preceding five years, age, color, height, color of eyes and hair, place of birth, previous employment, whether married or single, whether he has ever been convicted of a crime or a violation of this section and whether his license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the Township Clerk as a permanent record. He shall also furnish four copies of photographs size 2" x 2" front view.
8. 
The applicant shall also indicate in the application form any conviction for violation of any of the provisions of the Motor Vehicle Statutes of the State of New Jersey for a period of five years antedating the date of the application, and if the answer be in the affirmative, he shall furnish the details with respect to such conviction.
b. 
Fee. The license fee for each driver of a taxicab shall be $15 for each year or part thereof. The licensing period shall be from October 1 to September 30 of the following year.
c. 
Issuance of Driver's License. Upon satisfactory fulfillment of the foregoing requirements, the Township Clerk, after the approval of the Township Committee, shall issue to the applicant a driver's license card which shall contain the photograph and Township license number of the licensee and the decal.
d. 
Revocation or Suspension of License.
1. 
If at any time within the licensed year a taxicab driver has been convicted of a crime, the Township Committee shall immediately suspend or revoke the driver's license.
2. 
The Township Committee, after hearing, may suspend or revoke the license of any taxicab driver whose taxicab shall loiter within any space prohibited by law or ordinance, or who shall personally stand or park his taxicab in such prohibitive place soliciting or waiting for new passengers, or who shall violate any of the provisions of the motor vehicle laws of the state or this section or any of the rules and regulations made by the Township Committee.
[1978 Code § 8-606]
a. 
Established. The Township Committee may designate public taxicab stands as provided by law and the number of taxicabs permitted therein. The taxicabs shall operate on a first-in, first-out basis at such taxicab stands. No taxicab company or corporation shall have more than one taxicab at any designated taxicab stand.
b. 
Additional Stand. The Township Committee may establish other stands when in their judgment, that course shall be necessary. The continuance of such stand shall thereupon be subject to the approval or disapproval of the Township Committee.
[1978 Code 8-607]
Any owner of a taxicab license shall provide off-street parking for all of his taxicabs.
[1978 Code § 8-609; New]
a. 
Cruising. No driver of any taxicab shall drive in search of passengers in the Township.
b. 
Lost Property. Every driver of a taxicab who discovers any property lost or left in the taxicab must report in writing to the Township Clerk with brief particulars and description of the property, within 24 hours after his finding thereof, unless sooner claimed or delivered to the owner.
c. 
Agreements with Hotels Prohibited. Any licensed driver or any person or corporation operating a licensed vehicle for the transportation of passengers for hire in the Township shall not enter into any agreement or arrangement with the proprietor of any hotel, motel, boarding house or any other place of business in the Township or with any person connected with such hotel, motel, boarding house or any other place of business whereby such licensed driver or person or corporation operating any licensed vehicle is to receive any fee, commission, money consideration or return for soliciting patronage for such hotel, motel, boarding house or any other place of business or for inducing persons to patronize such hotels, motels, boarding houses or any other place of business and it shall be unlawful for any licensed driver to receive any fee, commission or money consideration for securing patronage for any such hotel, motel, boarding house or any other place of business.
d. 
Attire of Driver. Every licensed taxi driver while operating a licensed vehicle for the transportation of passengers for hire in the Township shall be properly attired.
[1978 Code § 8-610]
No taxicab shall be operated upon the streets of the Township at any time without displaying the license and a card of such character and placed in a manner as to be conveniently read by any passenger containing the maximum rates of fare to be charged, the name and license number of the licensee and the name, address and front straight-view photograph of the driver of the taxicab.
[1978 Code § 8-611]
No taxicab shall carry any signs of advertising of any kind.
[1978 Code § 8-612]
Any violation of this section by any driver shall constitute a similar violation on the part of the owner of such taxicab.
[1]
Editor's Note: Prior ordinance history includes portions of 1978 Code §§ 8-101 — 8-104 and Ordinance No. 9/2/82.
[Ord. #97-12, § 4-3.1]
It is the purpose of this section to implement the "Bingo Licensing Law" (N.J.S.A. 5:8-24 et seq.), the "Raffles Licensing Law" (N.J.S.A. 5:8-50 et seq.) and the Rules and Regulations promulgated by the Legalized Games of Chance Control Commission pursuant to N.J.S.A. 5:8-1 et seq. as set forth in the New Jersey Administrative Code, Title 13, Chapter 47 as said Statutes and Administrative Code provisions may be amended from time to time. The provisions of both the Bingo and Raffle Licensing Laws have been previously adopted by the legal voters of the municipality at a special election held the third Tuesday in April, 1954.
[Ord. #97-12, § 4-3.2]
The following words and terms, when used in this Chapter shall have the following meanings unless the context clearly indicates otherwise:
AUTHORIZED PURPOSE
Shall mean an educational, charitable, patriotic, religious or public-spirited purpose, which terms are defined to be the purpose of benefiting an indefinite number of persons either by bringing their mind or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life or by erecting or maintaining public buildings or works, or otherwise lessening the burden of government or, in the case of a senior citizen association or club, the support of such organization. Such terms do not include the erection, acquisition, improvement, maintenance or repair of property, real, personal or mixed, unless such property is and shall be used exclusively for one or more of the purposes hereinabove stated.
BINGO
Shall mean a specific kind of game of chance played for prizes with cards bearing numbers or other designations five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such card, by selling tickets or rights to participate in such games. The term "bingo" shall include 50-50 bingo games, multi-color bingo games, progressive jackpot bingo games, regular bingo games and special bingo games as defined in N.J.A.C. 13:47-1.1, as it may be amended from time to time.
CONTROL COMMISSION
Shall mean Legalized Games of Chance Control Commission in the Department of Law and Public Safety.
a. 
As pertains to bingo, shall mean the gross income received from all activities engaged in on an occasion when bingo is played, less only such actual expenses incurred as are authorized in the Bingo Licensing Law and this Chapter.
b. 
As pertains to raffle, shall mean the gross income from the sale of tickets or rights to participate in a raffle, whether sold in advance of the occasion or not, less only such actual expenses incurred as are authorized in the Raffles Licensing Law and this Chapter. In the case of a special door prize raffle, "net proceeds" means the entire net income derived from the assemblage at which such raffle is held.
QUALIFIED ORGANIZATION
Shall mean a bona fide organization or association of veterans, religious congregation, religious organization, charitable organization, educational organization, fraternal organization, civic and service club, officially recognized volunteer fire company, officially recognized first aid squad, and officially recognized rescue squad, and senior citizens association or club which:
a. 
If incorporated, is incorporated in New Jersey as a religious corporation or as an association not for pecuniary profit and is empowered by its articles of incorporation to further one or more of the authorized purposes;
b. 
If unincorporated, is organized in New Jersey as a religious organization or as an organization not for pecuniary profit and is authorized by its written constitution, charter or bylaws, or by the written constitution, charter or bylaws of a parent organization of which it is a part, to further one or more of the authorized purposes;
c. 
Has a membership of not less than 25 persons;
d. 
Has actively engaged prior to its initial application for registration in serving one or more of the authorized purposes in this State for a period of not less than one year; and
e. 
Has received and used and in good faith expects to continue to receive and use funds from sources other than the conducting of games of chance for the furtherance of an authorized purpose.
RAFFLE
Shall mean a specific kind of game of chance played by drawing for prizes or the allotment of prizes by chance, by selling of shares or tickets or rights to participate in such game. For purposes of this Chapter, the term "raffle" shall include all forms of raffle including calendar raffles, draw raffles, duck race raffles, instant raffles, non-draw raffles, off-premises draw raffles, off-premises 50-50 raffles and on premises 50-50 raffles as defined in N.J.A.C. 13:47-1.1, as it may be amended from time to time.
SENIOR CITIZENS ASSOCIATION OR CLUB
Shall mean an association or club that is formed and is functioning as an organization not for profit to the benefit of its membership in general and is comprised predominantly of persons who are at least 62 years of age.
[Ord. #97-12, § 4-3.3]
Bingo and raffle license applications shall be filed in quadruplicate with the Township Clerk on forms approved by the Control Commission. No application shall be accepted unless the applicant at the time of filing exhibits a valid registration certificate issued to it by the Control Commission bearing its identification number which shall be entered on the application.
a. 
An application and license to conduct bingo may include up to 72 occasions, provided the application does not include:
1. 
More than six occasions in any one calendar month;
2. 
Dates beyond more than one year;
3. 
A date for an occasion beyond the date upon which the applicant's registration with the Control Commission expires.
b. 
Separate application and license shall be used for each of the following types of raffles and shall, in each instance, specify the particular type of raffle as follows:
1. 
On-premises draw raffle offering merchandise as a prize;
2. 
On-premises 50-50 raffle offering a cash or money prize;
3. 
Off-premises draw raffle offering a merchandise prize;
4. 
Non-draw raffles (carnival games and wheels);
5. 
Off-premises 50-50 raffle offering a cash or money prize;
6. 
Off-premises duck race raffle offering a merchandise or cash prize;
7. 
Off-premises calendar raffle offering a merchandise or cash prize; and
8. 
Instant raffle game offering merchandise or cash as a prize.
[Ord. #97-12, § 4-3.4]
The Municipal Clerk shall keep a register of all applications filed, which said register shall be substantially in the form designated by Form 3 adopted by the Control Commission.
The Municipal Clerk shall also keep and maintain a docket, with a separate sheet for each licensee, which said docket shall contain the information and be substantially in the form designated by Form 4, adopted by the Control Commission.
[Ord. #97-12, § 4-3.5]
Upon investigating and passing upon a license application, or amendment, suspension or revocation of license, the governing body shall record its findings and determination as to each of the conditions established by law. At least seven days shall elapse between the time the application is filed and the time when the governing body makes its findings and determinations.
The record of findings and determinations shall be made in duplicate on Form 5-A as promulgated by the Control Commission and shall be signed by a member of the governing body or the Municipal Clerk.
Bingo and raffle licenses shall be issued on Form 6B/R as promulgated by the Control Commission. In the case of raffle licenses, the license shall designate the specific type and number of raffle games or allotment of prizes by chance to be conducted under the license. The Municipal Clerk shall issue licenses in triplicate, retain one copy, issue the original to the licensees and forward the second copy to the State Police.
[Ord. #97-12, § 4-3.6]
Licensing fees are to be paid by check made payable to the "Legalized Games of Chance Control Commission" at the time an application is filed with the municipality as follows:
a. 
Bingo: $10 for each occasion on which any game or games of bingo are to be conducted under the license;
b. 
On-premises draw raffle for cash prizes (50-50) in excess of $400 or merchandise prizes where the total combined retail value of prizes awarded is in excess of $400: $10 for each day on which a drawing is to be conducted under the license;
c. 
On-premises draw raffle for cash prizes (50-50) of less than $400 or merchandise prizes where the total combined retail value of prizes awarded is less than $400: no licensing fee. In the event the retail value of the prize offered or awarded exceeds $400 in a raffle in which it was anticipated that the retail value would not exceed $400, the licensee shall submit a check or money order made payable to the Legalized Games of Chance Control Commission, in the amount of $10 at the time of filing the report of operations required by N.J.A.C. 13:47-9.
d. 
Off-premises draw raffle awarding merchandise as a prize: $10 for each $1,000 or part thereof of the retail value of the prize(s) to be awarded;
e. 
Carnival games or wheels: $10 for each game or wheel held on any one day, or any series of consecutive days not exceeding six at one location;
f. 
Off-premises cash (50-50) raffle: a ten ($10.00) dollar fee shall be paid at the time the application is filed. In the event the awarded prize exceeds $1,000 then an additional fee of $10 for each $1,000 or part thereof in value of the awarded prize in excess of $1,000 or part thereof shall be forwarded to the Control Commission by check payable to the Legalized Games of Chance Control Commission together with the Report of Operations as required by N.J.A.C. 13:47-9;
g. 
Special door prize raffle: no fee is payable and no license is required, provided the merchandise is wholly donated, has a total retail value of less than $50, and the raffle is conducted in accordance with N.J.A.C. 13:47-3.11 and 8.15.
h. 
Calendar raffle awarding cash or merchandise as a prize: $10 for each $1,000 or part thereof of the retail value of the prize(s) to be awarded;
i. 
Instant raffle games awarding cash or merchandise as a prize:
1. 
$10 for each day upon which instant raffle tickets are sold or offered for sale; or
2. 
$500 for a one year license to sell, or to offer for sale, instant raffle tickets during that year.
The licensee fees set forth in paragraphs a through c above shall not apply to any senior citizen association or club registered with the Control Commission, which will hold, operate or conduct the games solely for the bona fide active members of the licensed association or club. No fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized game of chance solely for its bona fide active members.
All qualified organizations shall be exempt from the payment of any municipal licensing fees.
[Ord. #97-12, § 4-3.7]
A special license shall be issued to a bona fide senior citizen association or club desiring to hold, operate or conduct bingo solely for the purpose of amusement and recreation of its members if:
a. 
The association or club holds a valid registration certificate issued by the Control Commission;
b. 
No play or other person furnishes something of value for the opportunity to participate;
c. 
The prize(s) to be awarded are of nominal retail value;
d. 
No person other than any bona fide active member of the licensed organization plays, conducts or assists in the conduct of the game(s); and
e. 
No person is paid for conducting or assisting in the conduct of the game(s).
The special senior citizen bingo license shall be valid for a maximum period of two years or until suspended, revoked or modified by the Control Commission or the issuing municipality.
[Ord. #97-12, § 4-3.8]
A "special door-prize raffle" is one which may be conducted without a license under the following conditions:
a. 
The organization conducting the raffle must be a qualified organization having an identification number;
b. 
No extra charge may be made for the raffle;
c. 
Only merchandise prizes may be given;
d. 
All prizes must be wholly donated;
e. 
The total retail value of all prizes must be less than $50;
f. 
No game of chance other than the special door prize raffle may be held or conducted on the occasion;
g. 
All net proceeds of the occasion must be devoted to authorized purposes;
h. 
Notice of the special door prize raffle has been given to the Municipal Clerk.
[Ord. #97-12, § 4-3.9]
The governing body of the Township may initiate proceedings to suspend or revoke a license by personally serving upon an officer of the licensee or the member in charge of the conduct of the game a notice setting forth the grounds for the suspension or revocation and the date set for the hearing thereon. The notice shall be sent by registered or certified mail to the licensee at the address shown on the license.
The governing body shall hear the matter and make written findings in support of its decision. The licensee shall be informed of the decision and of the effective date of the suspension or revocation.
Upon the finding of a violation of the rules and regulations of the raffle licensing law, the governing body may, in addition to any other penalties which may be imposed, declare the violator ineligible to conduct the game of chance and to apply for a license for a period not to exceed 30 months.
A licensee may take an appeal from a determination of the governing body by filing an original and copy of a notice of appeal in a form approved by the Control Commission, which said notice of appeal shall be filed with the Municipal Clerk within 30 days of the determination appealed from.
[Ord. #97-12, § 4-3.10]
The entire net proceeds of the game of chance must be devoted to all authorized purposes.
No commission, salary, compensation, reward or recompense may be paid to any person for holding, operating or conducting, or assisting in the holding, operating or conducting of a game of chance, except for bookkeepers or accountants who assist by rendering their professional services for an amount within the scheduled fees affixed by the Control Commission.
Each registered organization shall establish, keep and maintain a bank account in a State or Federal chartered banking institution in which only the proceeds derived from the conduct of games of chance shall be deposited and from which only payments for authorized expenses and utilization of net proceeds for authorized purposes shall be made.
The net proceeds derived from the holding of a game of chance must be devoted to one or more of the authorized purposes within one year of the holding of the game of chance.
[Ord. #97-12, § 4-3.11]
No registered organization shall conduct any game(s) of chance more often than as set forth in this subsection.
a. 
Bingo shall not be conducted more often than six days in any calendar month.
b. 
On-premises draw raffles awarding either cash or merchandise as prizes shall not be conducted more often than six days in any calendar month.
c. 
Off-premises draw raffles awarding merchandise prizes shall not be conducted more often than six days in any calendar month.
d. 
Non-draw raffles (wheels and games) shall not be conducted more often than six days in any calendar month.
e. 
Off-premises 50-50 cash draw raffles shall not be conducted more often than once in any calendar month.
f. 
A duck race raffle shall not be conducted more often than once in any calendar month.
g. 
A calendar raffle shall not be conducted more often than twice in any calendar year.
h. 
No instant raffle game shall be held, operated or conducted at any location or on any date within the licensing municipality unless the license indicates each location where, and each date when, the instant raffle games are to be held, operated or conducted and conforms to the provisions in N.J.A.C. 13:47-6.9.
Only the day upon which a drawing or allotment of prizes takes place shall be considered when determining the frequency of games prescribed by this section.
[Ord. #97-12, § 4-3.12]
Games of chance may be conducted on any day of the week, including Sundays.
No person under the age of (18) years shall be permitted to participate in, hold, operate or conduct any game of chance.
No game of chance shall be advertised by means of newspaper, radio, television or soundtrack. Or by means of billboards, posters or handbills or any other means addressed to the general public; provided however that signs not exceeding 60 square feet, each, in area may be displayed as follows:
a. 
One sign on or adjacent to the premises where the game is to be held; and
b. 
One sign on or adjacent to the premises where the prize or prizes are exhibited; the prize may be exhibited only in the municipality in which the game of chance is to be held and in the municipality in which the licensee has its headquarters; except as provided in paragraphs c and d of this subsection; and
c. 
By a volunteer fire company holding the license for the game, on any firefighting equipment belonging to it, in and throughout any community which it serves; and
d. 
By a first-aid or rescue squad holding the license for the game, on any first-aid or rescue squad equipment belonging to it, and throughout any community which it serves.
[1978 Code § 8-401; Ord. #06-07]
a. 
No person, firm, group or corporation shall operate or conduct a Music Festival or other outdoor assembly of persons where the anticipated attendance will be over 500 persons, to which members of the public are invited to attend either on a charge or no charge basis, unless the person, firm, group or corporation has first obtained a permit from the Township Committee of the Township of Hope.
b. 
Forms for such application may be obtained from the Township Clerk. Such forms shall be completed by the applicant and submitted together with the documents required in subsection 4-4.2 herein to the Township Clerk (10) days prior to the business meeting of the Township Committee at which time the applicant wishes the application considered. The Township Committee, shall, within 30 days of the date of the meeting at which the application is considered, approve or disapprove by resolution the application with the reasons therefor. Failure of the Township Committee to act upon the application within the above time period shall be deemed to be a denial of the application for a permit.
[1978 Code § 8-402; Ord. #06-07]
All applications for a permit shall furnish proof to the satisfaction of the Township Committee of the following:
a. 
The promotion and completion of at least two similar events at other locations within the immediately preceding 24 month period.
b. 
Existing sanitary and water facilities sufficient to accommodate as a minimum the number of persons projected to attend the event. The applicant shall submit a sworn affidavit stating the number of persons invited, the number of persons who have accepted invitations and the number of persons anticipated to be in attendance.
c. 
Parking and traffic control plan and security plan for the entire event of proceeding sufficient to insure a free flow of traffic and adequate parking. The plan shall be sufficient to control all the vehicles which may be involved based on the projected number of participants and attendance as stated in the applicant's above affidavit. A copy of said plans shall be filed by the applicant with the New Jersey State Police-Hope Barracks.
d. 
Complete plan for the processing, handling and sale of food and proof of ability to provide food for the anticipated attendees. In the event the applicant has arranged to have the food provided by persons other than themselves, proof of ability of such third parties to process, handle, sell or provide food shall be submitted in the same manner.
[1978 Code § 8-403; Ord. #06-07]
a. 
The Township Committee shall, prior to acting upon any application, request and consider a report from the Township Zoning Officer, which report shall contain information as to whether:
1. 
The conduct of the event would be injurious to public safety.
2. 
The conduct of the event will create unreasonable interference with traffic.
3. 
The event by reason of the nature of its operation will attract undesirable persons and cause congregations giving use to commission of criminal offenses, disorderly persons act offenses, acts of juvenile delinquency, or municipal ordinance violations on or about the premises where the activity is to take place.
b. 
The Township Committee, shall prior to acting upon any application request, consider a report from the Warren County Board of Health with regard to the adequacy of the existing sanitary and sewer facilities and the proposed plan of food processing, handling and distribution. The applicant shall provide a "Sanitary Inspection Report" issued by the Warren County Board of Health.
c. 
The Township Committee shall, prior to acting upon any application request, consider a review of the traffic control and parking plan submitted by the applicant and a report of the sufficiency thereof from the Township Engineer.
d. 
No permit shall be issued unless the applicant shall furnish the Township with a comprehensive liability insurance policy insuring the Township against liability for damage to person or property with limits of not less than $500,000/$1,000,000 for bodily injury or death and limits of not less than $500,000 for property damage, sufficient to save the Township harmless from any liability or cause of action which might arise by reason of the granting of the permit and not cancelable without 10 days prior written notice to the Township.
[1978 Code § 8-404; Ord. #06-07]
Each person, firm, group or corporation making any application for any permit set forth herein shall pay the sum of $2,000 upon filing of an application as an applications and permits fee.
[1978 Code § 8-405; Ord. #06-07]
The Township Committee shall review the materials required in subsection 4-4.2 to be submitted by the applicant. The Warren County Board of Health and the Township Committee shall use the material and reports as the standard upon which the determination to grant or deny the permits shall be based.
[Ord. #5/5/81, § 11-401; Ord. #9/3/81]
a. 
Subsection 2-2.1 is incorporated by reference, and a copy on file in the Clerk's office for public inspection.[1]
[1]
Editor's Note: Former subsection 2-2.1 pertaining to the Historic District Commission was repealed by Ordinance No. 06-10. See Chapter 22, Historic Preservation.
b. 
Hope is a rural community.
c. 
Hope is located on an intersection of Route 80.
d. 
There are frequently travelers on foot or in vehicle, who are unfamiliar with the streets and roads and premises in Hope who are unable to get direction to their destinations. This results in inconvenience to travelers and a burden to the streets, highways and ways of Hope, as well as a substantial negative impact on traffic safety in Hope.
e. 
Various signs of differing colors, shapes, styles and sizes have been placed along the streets and roads in Hope incompatible with the Historic Character of Hope, having a substantial negative impact on the aesthetic appearance of Hope Township, its historic areas and the approaches to its historic area.
f. 
The signs referred to in paragraph e have a substantial negative impact on traffic safety in Hope resulting in driver distraction, inappropriate or sudden stopping, failure to adhere to traffic signs and devices and confusion because of their color, location, size and style.
[Ord. #5/5/81, § 11-402; Ord. #9/3/81]
The purpose of this section is to assure installation of uniform and appropriate directory and identification markers to guide vehicular and pedestrian traffic utilizing publicly maintained ways in Hope Township.
[Ord. #5/5/81, § 11-403; Ord. #9/3/81]
a. 
DIRECTORY MARKER – A marker not exceeding two square feet indicating direction to an identification marker and meeting the specifications of this section.
b. 
IDENTIFICATION MARKER – A marker not exceeding two square feet placed on a property or abutting right-of-way describing the premises or abutting premises by name or function and meeting the specifications of this section.
[Ord. #5/5/81, § 11-404; Ord. #9/3/81]
All markers referred to herein shall be the property of the Township of Hope.
[Ord. #5/5/81, § 11-405; Ord. #9/3/81]
No advertising matter shall be placed on any marker.
[Ord. #5/5/81, § 11-406; Ord. #9/3/81]
All markers referred to herein shall be maintained by the Township of Hope.
[Ord. #5/5/81, § 11-407; Ord. #9/3/81]
No directory marker shall be installed or maintained unless a corresponding identification marker is installed and maintained and vice versa.
[Ord. #5/5/81, § 11-408; Ord. #9/3/81]
See Schedule A annexed hereto and made a part of this Chapter.
[Ord. #5/5/81, § 11-409; Ord. #9/3/81]
See Schedule B annexed hereto and made a part therewith.
[Ord. #5/5/81, § 11-410; Ord. #9/3/81]
a. 
Location of identification and directory markers shall be determined by the Township Committee on advice of the Township Engineer, Historic District Commission, in historic districts only, and the County of Warren on County roads.
b. 
The Township Committee may refer location proposals to the Planning Board for advice and report.
[Ord. #5/5/81, § 11-411; Ord. #9/3/81]
The specific number of directory markers permitted for any one premises will be determined by the Township Committee on advice of the Township Engineer. The number will be the minimum number of markers necessary to direct an unfamiliar motorist, complying with all applicable laws and regulations, in daylight, to the premises. This determination will be mandatory as to the number to be maintained and no lesser or greater number may be permitted.
[Ord. #5/5/81, § 11-412; Ord. #9/3/81]
a. 
Applications shall be on a form prescribed by the Clerk. A complete application means a fully completed form with all annexes as required by said form, plus payment of the fees and deposit as required.
b. 
The application shall be processed by the Clerk and referred to appropriate persons or agencies and forwarded to the Township for approval.
c. 
Periods of Time Covered by the Approvals. Regardless of when submitted, initial approval shall expire December 31st of the year submitted and renewals shall expire December 31st of the year which renewal is requested.
d. 
Fees. Initial application fee shall be $15 per marker. If the applicant is in doubt as to the number of markers required, it shall be assumed that two markers will be required. If a determination that more than two markers are required, the additional fee shall be submitted on notice by the Clerk, prior to any action taken by the Township to install the markers.
e. 
Renewal Fee. Renewal fee of $15 per marker annually will be required.
f. 
Deposit. A deposit of $25 per marker shall be required to cover the cost of construction and installation. Unused portion shall be refunded or additional sum paid as required.
g. 
Renewal Deposit. Renewal deposit of $15 per marker to cover maintenance and replacement. Unused portion to be refunded or additional sum paid as required.
[Ord. #5/5/81, § 11-413; Ord. #9/3/81]
a. 
Location. The location of the premises must be:
1. 
Within the Township of Hope:
2. 
Within an adjoining municipality which premises is within one mile of the boundary of Hope Township and substantial use of roads and ways of Hope Township is likely for visitors or travelers access, if permitted by appropriate municipal or county authorities.
b. 
Type of Premises Eligible. The following premises shall be eligible, providing no other off premises advertisement, or directory marker or sign exists or is placed within the Township:
1. 
Place of Historic or Architectural interest as determined by the Township Committee on advice of the Historic District Commission;
2. 
Publicly owned premises;
3. 
Factories;
4. 
Stores;
5. 
Office structures;
6. 
Premises of substantial public interest;
7. 
Other premises generating substantial visitor traffic.
[Ord. 5/5/81, § 11-414; Ord. #9/3/81]
No directory or identification markers shall be erected, maintained in the Township or County of Warren rights-of-way within the Township of Hope, except by the Township, pursuant to this section or by the County of Warren or the State of New Jersey pursuant to law.
[Ord. #5/5/81, § 11-415; Ord. #9/3/81]
a. 
No person or corporation shall add to, alter, deface, inscribe on, remove or damage any marker.
b. 
No person or corporation shall append, affix any document, sign, writing, picture or object to any marker.
c. 
No person or corporation shall add to, remove or alter the color, letters, symbols or markings.
[Ord. #5/5/81, § 11-416; Ord. #9/3/81]
Renewals shall be processed and approved by the Clerk without further approval by the Township Committee unless there is a change of facts in the premises concerned or at the location on the vicinity of directory markers or a change requested in the markers themselves.
[Ord. #5/5/81, § 11-417; Ord. #9/3/81]
a. 
If a complete application is not received on a timely renewal by the Clerk, the Clerk shall forthwith request, and the Road Department shall forthwith accomplish removal of markers not so renewed.
b. 
Once the markers have been removed, no renewal shall be accepted and procedure for initial application, as well as fees, shall be utilized.
[Ord. #5/5/81, § 11-418; Ord. #9/3/81]
Directory markers on County rights-of-way meeting the specifications of subsection 4-5.7 shall be placed only at locations approved by the appropriate County authorities.
[Ord. #5/5/81, § 11-420; Ord. #9/3/81]
After approval by the County of locations of directory and identification markers on County roads, a copy of said written approval shall be sent to the Department of Transportation, State of New Jersey, Bureau of Maintenance.
SCHEDULE A AND B
Specifications for:
(1)
Traffic control only;
(2)
Installed as prescribed in MUTCD;
(3)
Not in conflict with standard colors on pages 2A-6 & 6;
(4)
If constructed like trail blazers, some of these colors can be incorporated into the message.
[Ord. #90-04]
DISTRIBUTOR
Shall mean any person, firm or corporation responsible for placing, locating, installing or maintaining a news vending machine in a public place in the Township of Hope.
DRIVEWAY
Shall mean, that surface, whether improved or not, over and by which ingress and egress are made onto private or public property by vehicles.
NEWSPAPER, NEWS PERIODICAL AND NEWS MAGAZINE
Shall mean any newspaper, periodical or magazine of general circulation as defined by general law; any newspaper, periodical or magazine duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation; and any newspaper, periodical or magazine filed and recorded with any recording officer as required by general law.
NEWS VENDING MACHINE
Shall mean any machine, rack, self service or coin-operated box, container, storage unit or other dispenser utilized and maintained for the sale and distribution of newspapers, news periodicals, news magazines and any other similar publications.
ROADWAY
Shall mean that portion of any street improved, designed or ordinarily utilized for vehicular traffic.
SIDEWALK
Shall mean any surface provided for the exclusive use of pedestrians, including the area between the curb of any street and the property line adjacent thereto, or, if there is no curb, the area between the edge of the street and the property line adjacent thereto, and shall include the public right-of-way along such street or sidewalk.
STREET
Shall mean all that area dedicated to public use for public street purposes, and includes but is not limited to roadways, parkway, alleys and sidewalks.
[Ord. #90-04]
a. 
Any distributor having a news vending machine which is already located or installed in whole or in part on any public sidewalk or public right-of-way within the Township of Hope on the effective date of this section shall, within 30 days from the effective date of this section, notify the Township Construction Code Official, in writing, of the location and placement of such news vending machine. Such notice shall include:
1. 
The precise location of such news vending machine; and
2. 
The name, address and telephone number of the distributor.
b. 
From and after the effective date of this section, if any distributor shall locate or install a news vending machine which rests in whole or in part on any public sidewalk or public right-of-way within the Township of Hope, then within 10 days from the date of such installation, such distributor shall notify the Township Construction Code Official, in writing, of the location and placement of such news vending machine. Such notice shall include:
1. 
The precise location of such news vending machine; and
2. 
The name, address and telephone number of the distributor.
[Ord. #90-04]
a. 
No news vending machine shall exceed sixty (60") inches in height, twenty-four (24") inches in width or twenty (20") inches in depth.
b. 
No news vending machine shall be used for commercial publicity purposes other than to display, promote or advertise the sale of the newspaper, news periodical or magazine sold therein.
c. 
Each news vending machine shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event that the news vending machine door does not open. The coin return mechanism shall at all times be maintained in good working order.
d. 
Each news vending machine shall have affixed thereto a readily visible notice setting forth the name, address and telephone of the distributor of the news vending machine to permit users thereof to report a malfunction or to secure a refund in the event of malfunction of the coin-return mechanism.
e. 
Each news vending machine shall be maintained so that:
1. 
It is reasonably free of loose, chipped, peeling or cracked paint on the exterior surfaces thereof.
2. 
It is reasonably free of rust and corrosion on the exterior surfaces thereof.
3. 
The clear plastic or glass parts thereof, if any, are not broken or cracked so as to create danger to users thereof.
4. 
Structural parts are not broken, cracked or otherwise dangerous to users thereof.
[Ord. #90-04]
Any news vending machines which rest in whole or in part upon any portion of the public sidewalk or public right-of-way or which project onto, into or over any part of a public right-of-way shall be located in accordance with the provisions of this section.
a. 
No news vending machine shall project onto, into or over any part of the roadway of any public street or rest, wholly or in part, upon along or over any portion of the roadway of any public street.
b. 
No news vending machine shall be permitted to rest upon, in or over any public sidewalk if the location of such news vending machine:
1. 
Endangers the safety of persons or property;
2. 
Unreasonably interferes with or impedes the flow of pedestrians along the public sidewalk or public right-of-way;
3. 
Unreasonably interferes with or impedes the flow of vehicular traffic along the public roadway;
4. 
Unreasonably interferes with the ingress or egress to and from any public or private property; or
5. 
Unreasonably interferes with traffic signs, traffic signals, fire hydrants, police or fire call boxes, utility poles, mailboxes or other equipment located on or near the public roadway, public sidewalks or public right-of-way.
c. 
News vending machines shall be chained, bolted or otherwise secured so as to prevent their unauthorized removal or their accidental movement within the public sidewalk or public right-of-way.
d. 
News vending machines shall not be placed, installed, located, used or maintained:
1. 
Within three (3') feet of any marked crosswalk;
2. 
Within twelve (12') feet of a curb return of an unmarked crosswalk.
3. 
Within five (5') feet of any fire hydrant, fire call box, police call box or other emergency facility or equipment.
4. 
Within five (5') feet of any driveway.
[Ord. #90-04]
a. 
If the Construction Code Official determines that a news vending machine does not comply with the provisions of this section, including the requirement to register such news vending machine with the Construction Code Official, then the Construction Code Official shall mail a written notice to the distributor of such news vending machine, by certified mail, return receipt requested, stating the reasons why such news vending machine does not comply with the provisions of this section.
b. 
If a distributor fails to adjust, correct, register or otherwise cause such news vending machine to comply with the provisions of this section within seven days from the date written notice of noncompliance is mailed by the Construction Code Official, then such distributor shall be in violation of this section.
[Ord. #90-04]
a. 
Any distributor who fails to comply with the provisions of this section shall, upon conviction thereof in the Municipal Court, be punishable by a fine not to exceed $100. Each day for which a distributor fails to comply with the provisions of, this section shall constitute a separate violation hereunder.
b. 
It shall be unlawful for any person to tamper with, deface or vandalize any news vending machine within the Township of Hope. Any person who shall violate this section shall, upon conviction thereof in the Municipal Court, be punished by a fine not to exceed $100.
[Ord. #90-04]
If any clause, sentence, paragraph, subsection of this section be adjudged unconstitutional or invalid by a court of competent jurisdiction, then such judgment shall not affect, impair or invalidate the remaining provisions hereof and shall be confined in its operation to such clause, sentence, paragraph, section or subsection directly involved in the controversy in which such judgment shall have been rendered.