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]
[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:
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.
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."
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.
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:
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]
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]
[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.
COMMERCIAL AMUSEMENT DEVICE
OPERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
[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]
[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]
[Ord. No. 10-2011]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Shall mean any business conducted immediately within the
Borough of Allentown or at varying locations.
Shall mean any person under the age of 18 years.
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]
[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:
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.
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:
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.
