[1]
Editor's Note: For State Statute authorizing municipal regulation
of public solicitation, see N.J.S. 45:17A.
[R.O. 1966 § 8:7-21]
Solicitations directed toward persons within the City or originating
within the City is hereby declared to be an activity affected with
a public interest. Licensing, control and regulation of solicitation
and persons conducting such solicitations, as herein defined and limited,
are hereby declared to be reasonably necessary for the protection
of the public.
[R.O. 1966 § 8:7-22]
As used in this Article:
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean regularly enrolled dues-paying members eligible
to participate as members in the management and affairs of the body.
Shall mean property of any nature whatsoever, financial assistance,
things, goods, alms, food, clothing, subscriptions, donations or gifts
under the guise of a loan, and advertising.
Shall mean any individual, firm, copartnership, corporation,
company, association, or joint stock association, church, religious
sect, religious denomination, society, organization, or league, and
include any trustee, receiver, assignee, agent, or other similar representative
thereof.
Shall mean:
Direct or implied appeals for gifts, donations, subscriptions,
pledges or contributions of money or other thing of value, or
Direct or implied offers of membership of a type not embraced
by the term "members" as defined above in this section, advertising,
subscriptions, services, goods, admissions, prizes or tickets for
which the primary consideration is money or other thing of value;
provided that such appeals or offers are made for purposes which have
or purport to have, or are made in the name of persons who have or
purport to have, a charitable, patriotic, philanthropic, social service,
welfare, benevolent or fraternal purpose; and further provided that
such appeals or offers are made by bona fide active members of any
duly organized organizations to others than its bona fide membership;
and further provided that such appeals or offers are made by any person
whatsoever; and provided further that such appeals or offers are made
by any means or medium whatsoever, including, without limitation,
by personal contact individually or in groups, by telephone, by mail,
by any medium of public communication, or by handbills, throwaways,
posters, booths, signs, soundtrucks or any other medium of advertisement;
and further provided that either:
The person making the solicitation originates or makes it within
the City, or
The person toward whom the solicitation is directed is solicited
within the City.
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A solicitation shall be deemed to be made when the solicitor
has communicated, as provided heretofore, with the proposed contributor
whether or not the contributor to whom it is directed parts with any
money or other thing of value (defined above) in response thereto.
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[R.O. 1966 § 8:7-23]
The provisions of this Article shall not apply to or govern
solicitation which is conducted by, in the name of or on behalf of:
a.
A bona fide religious body, and its agencies, auxiliaries or divisions
for religious, spiritual, evangelical, charitable, benevolent, philanthropic
or educational purposes.
b.
Any organization to which contributions are allowable as a deduction
as charitable contributions under the Federal Income Tax Law now or
hereafter in effect.
[R.O. 1966 § 8:7-24]
No person shall conduct a solicitation without first obtaining
a license therefor from the Director.
[R.O. 1966 § 8:7-25]
a.
Application for a license to conduct solicitation shall be made in
triplicate to the Director on forms supplied by him. The application
shall be filed not later than 45 days before the proposed date of
commencement of the solicitation; provided that for good cause shown
in a particular case the Director may waive the forty-five day requirement.
b.
The application shall be made under oath and, if not a natural person,
may be made by any officer of the applicant and shall disclose:
1.
Name and address of the applicant;
2.
Name and address of the person in whose name or on whose behalf the
solicitation is to be conducted, if different than the name of the
applicant, provided that the words "applicant" and "licensee" as used
hereinafter shall mean both persons specified pursuant to subparagraphs
1 and 2 herein, if different;
3.
Sufficient facts relating to the incorporation or organization of
the applicant or the person in whose name or on whose behalf the solicitation
is to be conducted;
4.
Names and addresses of the directors or trustees and the officers
of the applicant;
5.
Proposed date of commencement of the solicitation and the duration
thereof, which shall not be longer than 12 calendar months;
6.
Purpose of the solicitation and specific statement supported by reasons
and figures showing the need for the solicitation;
7.
Proposed methods of solicitations;
8.
Name, address and remuneration of each person employed to conduct
or participate in conducting the solicitation for hire, and a copy
of each written contract of employment or a statement of the terms
of each oral contract of employment shall be annexed to the application;
provided that the regular full-time employees of the applicant who
will receive their regular full-time salaries during the duration
of the solicitation shall not be deemed to be persons employed within
the meaning of this subparagraph;
9.
Proposed number of volunteers who will conduct or participate in
conducting the solicitation without remuneration and the names and
address of such volunteers when known to the applicant;
10.
Amount of funds sought to be raised by the solicitation;
11.
Entire cost of the solicitation, direct and indirect, stated as a
dollar amount and as percentage of the amount sought to be raised;
12.
Proposed budget for the use and disbursement of the amount to be
raised;
13.
Copy of the applicant's financial statement certified to by a certified
public accountant, and reasonably satisfactory to the Director in
form, for the fiscal year next preceding the date of the application;
or if the applicant is a natural person a financial statement certified
to by a certified public accountant for the twelve-month period next
preceding the date of the application, with respect to the applicant's
activities which are of the type solicitation for which would be governed
by this Article, the statement to show, in addition to matters customarily
shown thereon, the amount of the funds raised by, and the entire cost,
direct and indirect, of the solicitation;
14.
Name and address of the person in direct charge of conducting the
solicitation in the City;
15.
Representation that the solicitation is to be made in good faith
for the purpose specified and that the license, if granted, will not
be held out or represented as an endorsement by the City of the solicitation
or the purpose thereof;
16.
Such other information as the Director may reasonably require for
administering the terms of this Article or making determinations hereunder;
and
17.
Full statement why any of the above disclosures cannot be made, if
such is the case; provided, however, that an applicant, whose solicitation
activities cover an area larger than one State, may submit the information
required in subparagraphs 7 through 13 hereof for New Jersey only,
if all the information supplied as required by subparagraphs 7 through
13 pertains to its activities in New Jersey.
c.
The original of the application shall be retained by the Director.
The second copy of the application shall be delivered forthwith to
the Chief of Police of the City. The third copy shall be returned
to the applicant after the license has been granted or denied by the
Director.
[R.O. 1966 § 8:7-26]
a.
Upon the payment of $10 to cover clerical costs and an additional
sum of $0.10 for each permit card or box, receptacle or canister label
issued, but not to exceed $100, the Director shall grant a license
to the applicant unless, within 30 days of the receipt of the application,
the Director shall determine and advise the applicant by registered
mail that the:
1.
Application is incomplete without a good cause, is false or misleading;
or
2.
Solicitation or the purpose thereof, real or purported, is fraudulent
in any respect; or
3.
Purpose of the solicitation, real or purported, is completely and
wholly without merit and utility in respect to charitable, patriotic,
philanthropic, social service, welfare, benevolent or fraternal endeavor;
or
4.
Methods of solicitation will obstruct traffic or interfere with public
safety; or
5.
Cost of the solicitation, direct and indirect, is excessive; provided
that such cost shall prima facie be deemed excessive if in excess
of 25% of the amounts of funds sought to be raised and shall conclusively
be deemed not excessive if 25% or less thereof; provided, further,
however, that whenever the cost of solicitation shall include the
cost of the production of a souvenir journal, entertainment, musicians,
hall hire and decorations for a social function held in conjunction
with the solicitation, then and in that event the cost shall prima
facie be deemed excessive if in excess of 50% of the amount of funds
sought to be raised and shall conclusively be deemed not excessive
if 50% or less thereof; or
6.
Aggregate remuneration of all persons employed to conduct or participate
in conducting the solicitation for hire which is determined as a percentage
of the amount of funds sought to be raised is excessive; provided
that such aggregate remuneration shall prima facie be deemed excessive
if in excess of 10% of the amount of funds sought to be raised and
shall conclusively be deemed not excessive if 10% or less thereof;
or
7.
Applicant has previously conducted solicitation subject to this Article and has failed to comply with Section 8:7-33 or has filed a statement thereunder which is incomplete without good cause, false or misleading; or
8.
Solicitation is to be conducted primarily for the private profit
of the applicant; or
9.
Persons, or any of them, mentioned in subparagraph 8:7-25b, 8, or
any of the volunteers mentioned in subparagraph 8:7-25b, 9 whose names
are known to the applicant, or the person mentioned in subparagraph
8:7-25b, 14, are not of good moral character or have been convicted
of a crime involving moral turpitude; or
10.
Solicitation is in violation of any of the terms and provisions of
this Article.
Any one or more deficiencies specified in the foregoing subparagraphs
1 through 10 of this section shall be deemed to be, for the purpose
of this Article, noncompliance with minimum standards for solicitation.
b.
Notwithstanding anything herein contained, however, the Director
in denying a license may qualify his denial upon such terms as will
reasonably assure compliance with minimum standards for solicitation.
c.
The Director shall cause a copy of each license which has been granted,
or a notice of the denial thereof, to be delivered to the Chief of
Police forthwith.
d.
Within five days after receiving notification by registered or certified
mail that the application for a license has been denied, with the
reasons for the denial set forth therein, the applicant may file with
the Director a written request for a public hearing on the application
before the Director, together with written exception to the findings
of fact upon which the Director based his denial of the application.
Upon the filing of such a request, the Director shall fix a time and
place for the hearing and shall give the applicant five days' notice
thereof by registered mail. The hearing shall be held within 10 days
after such request is filed.
[R.O. 1966 § 8:7-27]
[R.O. 1966 § 8:7-28]
a.
Any license issued under this Article shall be amended by the licensee upon application to the Director in all cases where the facts stated in the application under Section 8:7-25, paragraph b., subparagraphs 4, 6, 8, 9, 10, 12 or 14 shall change during the course of a licensed solicitation; provided, however, the subject matter of the proposed amendment could lawfully and properly have been included in the original application for the license granted.
b.
When the Director shall approve the amendment of a license, the licensee
shall return the original issued license to the Director and shall
receive in exchange therefor the amended license upon the payment
of any additional fee required to be paid by the amendment.
c.
The Director shall notify the Chief of Police of the amendment of
any license issued under this Article and the Director shall forthwith
deliver to him a copy of the amended license.
[R.O. 1966 § 8:7-29; Ord. 6 S+FE, 10-17-2007; Ord.
6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016]
a.
For the purpose of administering the terms of this Article or making
determinations hereunder, the Director shall seek the advice of the
directors of the Department of Health and Community Wellness and of
the Department of Public Safety and may in his discretion conduct
investigations in such manner as he shall deem advisable, including
public hearings. Except as hereinbelow provided, the Director shall
base his determination upon: the statements, applications and disclosures
made by the applicant or licensee pursuant to this Article; the information
presented at public hearings, if any; and any other relevant and credible
information known to him or presented to him under oath or otherwise.
He shall not be bound by technical rules of evidence.
b.
The Director shall conduct all public hearings under this Article.
Within 10 days after the conclusion of such public hearing, the Director
shall, in writing, notify the applicant or licensee of his final determination
and final findings of fact, which shall be based upon the statements,
applications and disclosures made by the applicant or licensee pursuant
to this Article, upon information presented under oath at public hearings
and upon any other relevant and credible information which is a matter
of record, or of expert or common knowledge. The Director shall not
be bound by technical rules of evidence.
c.
The applicant or licensee shall receive at least five days' notice
by registered or certified mail of the time, place and subject matter
of any public hearing which concerns his or its application or license.
At any public hearing, the Director may, and at the request of the
applicant or licensee shall, subpoena witnesses; and the Director
and the applicant or licensee may examine witnesses under oath.
d.
The statements, applications and disclosures made by the applicant
or licensee pursuant to this Article and, the determinations and the
findings of fact made by the Director shall be filed by him with the
City Clerk and shall be preserved as public records and shall be suitably
indexed. In addition, the Director may give to such statements, applications,
disclosures, determinations and findings of fact such publicity, in
such manner as he may deem advisable for the furtherance of the purposes
of this Article.
e.
Nothing in this Article contained shall be deemed to permit or require
an applicant or licensee to disclose, or to permit or require the
Director to inquire as to or publicize the names of specific persons
who have contributed or promised to contribute or who have failed
or refused to contribute to the applicant or licensee in response
to solicitation, without the express consent of such persons.
[R.O. 1966 § 8:7-30]
a.
It shall be unlawful to hold out or represent, directly or indirectly,
the license as an endorsement by the City of the solicitation or the
purpose thereof, except that the licensee may disclose to the public
the fact that the solicitation has been licensed.
b.
It shall be unlawful to make public use of the name of any person
in the course of solicitation in such manner as to hold out, represent,
suggest or imply directly or indirectly, to the public that such person
sponsors, endorses, approves of or recommends the solicitation or
the purposes thereof, unless such person shall have given his or its
consent to such use either by written permission or by actively participating
in the conduct of the solicitation. Without limitation, the inclusion
of a person's name on stationery, letter-head, advertisement or brochures,
or public reference to a person as one who has contributed to the
solicitation, shall be deemed such a public use.
c.
It shall be unlawful to conduct a solicitation:
1.
Which is fraudulent; or
2.
For a purpose or a beneficiary or recipient which is fraudulent or
fictitious; or
3.
By means which are fraudulent, false or misleading; by misrepresentation
or by fraudulent, false or misleading advertising; or
4.
By the use of aliases, fictitious names or callings, or impersonation
or other persons or callings.
[R.O. 1966 § 8:7-31]
a.
All solicitors, canvassers and other persons who deal directly with
the general public in the course of the solicitation shall be of good
moral character, shall not have been convicted of a crime involving
moral turpitude and shall carry a numbered identification card which
shall be supplied by the Director.
b.
The identification card shall disclose the:
1.
Name of the licensee;
2.
Number of the license;
3.
Expiration date of the license;
4.
Purpose of the solicitation as specified in the application;
5.
Name of the solicitor, canvasser or other such person;
6.
Signature of the licensee, if a natural person, or of any officer
of the licensee, which signature may be a facsimile; and
7.
Signature of the solicitor, canvasser or other such person.
The identification card shall be shown, upon demand, to any
member of the general public or to any police or other public officer.
c.
All boxes, receptacles or other devices provided by the licensee
for solicitation without the attendance of a solicitor, canvasser
or other such persons, shall bear a numbered and clearly legible identification
label, which shall be supplied by the City, disclosing the information
specified in paragraph b of this section with the exception of the
name and signature of a solicitor, canvasser or other such person,
but disclosing in lieu thereof the name and address of the person
with whom such unattended box, receptacle or other device has been
left for solicitation.
d.
In each instance of solicitation conducted in whole or in part by
telephone, by mail or by any medium of public communication, the information
specified in paragraph b of this section with the exception of the
name and signature of a solicitor, canvasser or other such person
shall be disclosed in a clearly legible or audible manner, provided
that if a writing is not used in such instance the name of the licensee
or of any officer of the licensee, as the case may be, shall be disclosed
in lieu of his signature.
[R.O. 1966 § 8:7-32]
Any person who gives money or other thing of value to a solicitor,
canvasser or other such person having a value in excess of $1 in response
to solicitation shall upon demand be given a receipt therefor signed
by the licensee, if a natural person, or by any officer of the licensee,
which signature may be a facsimile, and by the solicitor, canvasser
or other such person.
[R.O. 1966 § 8:7-33]
a.
Within 30 days after the expiration of a license, the licensee shall
surrender such license to the Director and, on forms supplied by him,
furnish him with a written statement under oath disclosing the following
information:
1.
Amount of funds raised by the solicitation;
2.
Entire cost, direct and indirect, of the solicitation stated as a
dollar amount and as a percentage of the amount of funds raised;
3.
Names and addresses of and the aggregate remuneration received or
to be received by all persons employed to conduct or participate in
conducting the solicitations for hire, excluding the regular full-time
employees of the licensee who have received their regular full-time
salaries during the duration of the solicitation;
4.
Names and addresses of and the aggregate remuneration received by,
and to be received by, all persons employed to conduct or participate
in conducting the solicitation for hire whose remuneration is determined
as a percentage of the amount of funds raised;
5.
Show exactly for what use and in what manner all contributions were
dispensed or distributed;
6.
Period within which all undispensed or undistributed contributions
raised will be distributed or dispensed; and
7.
Such other information as the Director may reasonably require for
administering the terms of this Article.
If a licensee fails to file a report within the time herein
required, or if a report is not properly verified, or not fully, accurately
and truthfully completed, no further license shall issue to the holder
thereof and any existing license shall be suspended until such time
as the default has been corrected.
b.
The licensee shall return to the Director all identification cards
issued by the City within seven days after the expiration of the license
and the Director shall cause the same to be destroyed.
c.
The licensee shall remove and otherwise destroy all identification
labels issued by the City and placed on all boxes, receptacles, containers
or other devices, within seven days after the expiration of the license.
d.
All unused identification cards and labels issued by the Director
shall be returned by the licensee within seven days after the expiration
or revocation of the license, to the Director who shall cause the
same to be destroyed.
[R.O. 1966 § 8:7-34]
a.
In addition to the penalty provision of Section 8:7-35, if the Director shall determine and advise the licensee by registered mail that the minimum standards enumerated in subsection 8:7-26a are not in fact being complied with in one or more respects, he may, after a hearing, revoke it or suspend it for a period not in excess of 30 days, upon such terms as will reasonably assure compliance with minimum standards for solicitation.
b.
The Chief of Police shall be notified forthwith by the Director of
the suspension or revocation of any license issued under this Article.
[R.O. 1966 § 8:7-35]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
