As used in this article, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary
person or one purporting to be such or law enforcement support organization
as defined in § 171-a, Subdivision 11, of the New York Executive
Law.
CONTRIBUTION
The promise or grant of any money or property of any kind
or value, whether or not in combination with the sale of goods, services,
entertainment or any other thing of value, including a grant or other
financial assistance from any agency of government, except payments
by members of any organization for membership fees, dues, fines or
assessments, or for services rendered to individual members, if membership
in such organization confers a bona fide right, privilege, professional
standing, honor or other direct benefit, other than the right to vote,
elect officers or hold offices.
DIRECTOR
The Director of the Suffolk County Office of Citizen Affairs.
OFFICE
The Suffolk County Office of Citizen Affairs.
PERSON
Any individual, organization, group, association, partnership,
corporation or any combination of them.
PROFESSIONAL FUND-RAISER
A.
Any person who, directly or indirectly:
(1)
For compensation or other consideration, plans, manages, conducts,
carries on or assists in connection with a charitable solicitation
or individually solicits or who employs or otherwise engages on any
basis another person to solicit in this state for or on behalf of
any charitable organization or any other person, or who engages in
the business of, or holds himself out to persons in this state as
independently engaged in the business of, soliciting for such purpose;
(2)
Solicits by telephone or door-to-door and advertises a sale,
performance or event which will benefit a charitable organization;
or
(3)
Advertises a sale, performance or event which will benefit a
charitable organization.
B.
A bona fide officer, volunteer or employee of a charitable organization
or fund-raising counsel shall not be deemed a professional fund-raiser.
PROFESSIONAL SOLICITOR
Any person who is employed or retained for compensation by
a professional fund-raiser to solicit contributions for charitable
purposes or for the purposes of any law enforcement support organization
from persons in this state.
It shall be unlawful for any person, professional solicitor
or professional fund-raiser to engage in the solicitation of contributions
within the County of Suffolk for or on behalf of any fire department
or fire-services support organization without first obtaining a license
from the Office in accordance with the provisions of this article
in the following circumstances:
A. If such person, solicitor or fund-raiser retains or intends to retain
more than 20% of any amount so solicited; or
B. If such person, solicitor or fund-raiser is soliciting contributions
for or on behalf of a fire-fighting organization located within the
County of Suffolk regardless of the amount so solicited being retained
by said person, solicitor or fund-raiser.
[Amended 12-18-1995 by L.L. No. 1-1996; 6-6-2000 by L.L. No.
11-2000; 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
A. All licenses, except temporary licenses, shall be for periods of
two years from the date of issuance thereof at the discretion of the
Office and shall expire on the last day of the 24th month of such
issuance. Subsequent renewals shall be for periods of two years. The
initial application fee shall be $200. The fee for a charitable solicitation
license shall be $200 per annum, and the biennial renewal fee shall
be $400.
[Amended 8-5-2008 by L.L. No. 32-2008]
B. No license issued hereunder shall be assignable or transferable.
C. Failure to make application and pay the required annual fee for a
license renewal prior to the expiration date of said license shall
render the license null and void on the expiration date. Compliance
with the provisions of this subsection shall entitle the licensee
to the renewal of his or her license, provided that such license has
not been suspended or revoked by the Director.
D. The death of an individual who holds a valid license issued pursuant
to this article shall terminate such license.
E. A license issued in the name of an individual may be assigned or
transferred for the remainder of the license period to a partnership,
corporation or other entity, provided that the individual holding
such license is a general partner of such partnership, the owner of
not less than 25% of the outstanding voting shares of such corporation
or the holder of not less than a twenty-five-percent interest in any
other entity at the time of the assignment or transfer. The application
for such transfer or assignment must be accompanied by evidence satisfactory
to the Director that the above set forth requirements have been satisfied.
No assignment or transfer shall become effective until proper endorsement
evidencing said transfer or assignment has been made on the face of
the license by the Director, and such license, so endorsed, has been
returned to the assignee or transferee. All such endorsements shall
be made by the payment of a fee of $25.
F. Each individual licensee shall, within seven business days after a change of control of ownership or of management, apply for the assignment or transfer of a license specified in Subsection
E or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Office, in writing, of such change.
G. No licensee shall authorize or permit the use of his or her license
by or on behalf of any other person.
H. Each licensee shall, within seven business days after a change of
address, notify the Office in writing of such change.
I. A licensee who determines not to engage in the solicitation regulated
herein may make application to the Office to inactivate temporarily
his or her license issued pursuant to this section for a period not
to exceed three years. The licensee will submit with the application
for shelving said license a fee of $50 for each annual period of inactivity
sought.
J. No applicant for a license or license renewal shall have any outstanding
judgment for child support against him or her, or be in arrears in
child-support payments as determined by official court records or
official government records, at the time an application is filed for
such license or license renewal. If an applicant has such a judgment
against him or her, or is in such arrears, but is current in payments
on a judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for a license or license
renewal on the grounds of such judgment or arrears. At least 30 days
prior to the expiration of a license, the Office shall send a written
notice to a licensee informing said licensee of his or her obligation
to comply with the provisions of this section pertaining to compliance
with child-support obligations. If necessary, a second written notice
shall be sent by the Office to a licensee 60 days after the license
has lapsed informing said licensee of his or her obligation to comply
with the provisions of this section pertaining to compliance with
the child-support obligations. In addition, the County Department
of Social Services, through its Child Support Enforcement Bureau,
shall notify all current noncustodial parents of the obligations contained
herein.
A duplicate license may be issued for a license which has been
lost, destroyed or mutilated, upon application therefor on a form
prescribed by the Director and the payment of a fee of $25. Each such
duplicate license shall have the word "duplicate" stamped across the
face thereof and shall bear the same number as the one it replaces.
A contract to solicit contributions entered into subsequent
to the effective date of this article by a person who engages in the
solicitation of funds by or on behalf of a charitable organization
and who, on the date of the contract, does not possess a valid license
to engage in such a solicitation shall be unenforceable by him or
her and shall be voidable at the option of any other party to the
contract. Nothing contained herein shall be construed to prevent any
other party to the contract from enforcing its terms.
The action of the Director in adjudging fines or suspending,
revoking or refusing to issue or renew a license may be reviewed by
a proceeding brought under and pursuant to Article 78 of the New York
Civil Practice Law and Rules.
The remedies and penalties provided for herein shall be in addition
to any other remedies and penalties provided under any other provisions
of law.
This article shall apply to solicitations made on or after July
1, 1994.