[Derived from Art. X of Ch. VII of the Charter and Ordinances, 1974]
The following terms, when used in this article, shall have the meanings respectively ascribed to them in this section:
PERSON
An individual, partnership, unincorporated association or corporation.
SOLICITOR
Any person who shall, by personal interview, telephone, mail, telegram, circular or other means of communication, whether in public or private places:
A. 
Collect or receive money or property;
B. 
Sell tickets, articles or things of any kind or value;
C. 
Solicit, request or attempt to induce or persuade any person to contribute any money or thing of value; or
D. 
Solicit, request or attempt to induce or persuade any person to become a sponsor, booster or advertiser in connection with a fund-raising campaign.
A. 
No person shall solicit money, donations, property or financial assistance of any kind or sell or offer to sell any article, service, publication, advertisement, ticket, chance or subscription on the direct or implied plea or representation that such solicitation, sale or offer is for charitable, educational, civic, patriotic, benevolent, religious or philanthropic purposes, upon the streets or public places of the City or by house-to-house canvass, or by telephone or by mail or in any other way, unless the person making the solicitation, sale or offer shall possess a license issued pursuant to the provisions of this article.
B. 
Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article I, of this Code.
[Added 5-27-1997, effective 6-9-1997]
A. 
Any individual who is a solicitor acting on behalf of and under the authority of a licensed organization shall not be required to obtain a license if he shall obtain from the licensed organization a duly executed identification card and otherwise comply with the provisions of this article concerning the conduct of solicitors.
B. 
The identification card shall bear the name of individual solicitor and his signature, address and identifying number, as well as the name of the organization he is representing, the expiration date of the license held by that organization an the signature of the Commissioner of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
C. 
The identification card shall be displayed by solicitor to each person he approaches prior to his acceptance of any payment or contribution. If the solicitation, sale or offer is made by mail, the solicitor shall enclose, with the solicitation, sale or offer, a statement containing his name, signature address and identifying number, as well as the name of the organization he is representing an the expiration date of the license held by the organization.
A. 
Exempt transactions. The following transaction shall be exempt from the provisions of § 316-2 and § 316-28:
(1) 
Solicitations, sales or offers on behalf of society, association or corporation, organize and operated exclusively for charitable educational, civic, patriotic, benevolent religious or philanthropic purposes and not for pecuniary benefit, provided that no part of the net earnings of that society, association or corporation inures to the benefit of any private shareholder or individual, and provided further that such solicitation, sale or offer is carried out on behalf of the society, association or corporation by volunteers or persons employed on an annual basis for a fixed wage or salary.
(2) 
Solicitations at the regularly appointed meetings or services in the regular place of worship or exercises of any church, religious society, lodge, benevolent order or fraternity, labor union, veterans organization or political party or any branch thereof.
B. 
Application for exemptions. To secure an exemption from the provisions of § 316-27 and § 316-28, an application must be submitted by the person claiming the exemption to the Commissioner of Permit and Inspection Services. Upon receipt of this application, the Commissioner of Permit and Inspection Services shall conduct an investigation to determine whether the applicant for an exemption is entitled thereto, according to the provisions of this article. Upon completion of his investigation, the Commissioner of Permit and Inspection Services shall report his findings and his recommendation concerning the granting of an exemption to the Common Council. The investigation by the Commissioner of Permit and Inspection Services and his report to the Common Council shall include a report as to the financial status of the person applying for an exemption and the purpose for which the solicitation is to be made. After consideration of the report and recommendation of the Commissioner of Permit and Inspection Services, the Common Council shall approve or deny the application for an exemption. The Commissioner of Permit and Inspection Services shall notify the applicant of the action taken by the Common Council.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 12-9-2003, effective 12-19-2003]
An application for a license to solicit, sell or offer, as required by § 316-27 and § 316-28, shall be sworn to and addressed to the Commissioner of Permit and Inspection Services at least 30 days prior to the proposed solicitation on forms furnished by the Commissioner of Permit and Inspection Services and shall contain the following information:
A. 
The name of the organization, accredited officers and addresses.
B. 
Character and extent of the entire operation of the organization within the City of Buffalo, and also of the charitable, religious, civic, patriotic, educational or philanthropic work being done by it within the City, together with the financial statement of the organization for the last preceding fiscal year, showing costs of raising funds.
C. 
The purpose for which this solicitation shall be made and the total amount.
D. 
The time for which the license is requested and the method of solicitation to be used.
E. 
The amount of wages, fees, commissions or other compensation to be paid in connection with such solicitation, sale or offer; the names of all individuals who will receive them, together with a signed copy of any contract governing such solicitation if in writing, and if not in writing, a statement of the terms signed by the person directing such solicitation and by the organization contracting for the solicitation service.
F. 
The estimated cost of all solicitation expenses, including the cost of telephone service, printing, rent, taxes and postage.
G. 
Such other information as the Commissioner of Permit and Inspection Services may require.
[Amended 12-9-2003, effective 12-19-2003]
A. 
Investigation of applicant. Upon receipt of an application, as described in § 316-30, the Commissioner of Permit and Inspection Services shall make an investigation to determine that the cause for which the solicitation, sale or offer is to be made is in fact charitable, educational, religious, civic, patriotic or philanthropic, and that at least 85% of the gross proceeds of such solicitation shall be used for such purpose, and further that such solicitation is not promoted or conducted primarily for the private profit of its promoter.
B. 
Report to Common Council. Upon completion of his investigation, the Commissioner of Permit and Inspection Services shall report his findings to the Common Council, together with his recommendation concerning the granting of a license to the applicant. The Commissioner of Permit and Inspection Services may also include in his report to the Common Council a recommendation that an applicant be required to file a surety bond in such sum as said Commissioner may determine to be proper, not to exceed $5,000, conditioned upon the faithful conduct of the fund-raising campaign and the proper application of the proceeds thereof, and further conditioned upon compliance with the provisions of the applicable ordinances of the City of Buffalo.
C. 
Action by Common Council. Upon receipt and consideration of the report and recommendation of the Commissioner of Permit and Inspection Services, the Common Council shall approve or deny the granting of a license to the applicant. If granted by the Common Council, a license shall be issued by the Commissioner of Permit and Inspection Services, which shall contain on its face, in legible type, the name of the licensee, the purpose of the solicitation, the total amount sought, the name of the soliciting organization, if any, the sum and amount of compensation and the date of the expiration of the license.
[Amended 12-9-2003, effective 12-19-2003]
A license granted pursuant to the provisions of this article shall not be effective for a period greater than 30 days. However, a license may be renewed upon application to the Commissioner of Permit and Inspection Services for one additional thirty-day period unless the Director shall find that the licensee has conducted himself in such a manner as would justify revocation of the license under § 316-36.
[Amended 12-9-2003, effective 12-19-2003]
A license shall not be transferred, but a licensee may use any solicitor whose name is reported to the Commissioner of Permit and Inspection Services and who has not conducted himself so as to justify the revocation of the license.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services may require reports from any licensee hereunder at any time and at such intervals as he may deem necessary for the protection of the public welfare. Furthermore, the Commissioner of Permit and Inspection Services may investigate and require reports from any organization or individual which he has cause to believe is violating the provisions of this article.
[Amended 12-9-2003, effective 12-19-2003]
A. 
If the Commissioner of Permit and Inspection Services shall find that the information given in any application is untrue or if he shall find that any of the facts laid down in the preceding sections as a condition for the granting of any license no longer exist or if he shall find that any agent or solicitor of the licensee is making untrue statements in connection with the solicitation or that in any other way the solicitation is contrary to the public welfare, he may revoke the license.
B. 
Upon making his decision to revoke, the Commissioner of Permit and Inspection Services shall cause written notice to be served upon the licensee, specifying the reason(s) assigned for the revocation of the license. Within 10 days after his receipt of this notice of revocation, the licensee may make written demand upon the Commissioner of Permit and Inspection Services for a hearing on the specific reason(s) underlying the revocation. Upon receipt of such a demand, the Commissioner of Permit and Inspection Services shall fix and, notify the licensee of, the time and place for the hearing. At the hearing, the Commissioner of Permit and Inspection Services shall present evidence concerning the reason(s) for the revocation as may be in his possession; and the licensee shall have an opportunity to be heard in his own defense.
[Amended 12-9-2003, effective 12-19-2003]
Within 15 days after the expiration date of the license, the licensee shall file a copy of a certified financial statement with the Commissioner of Permit and Inspection Services. This statement shall be a public record and shall contain the following information:
A. 
The gross income of the solicitation.
B. 
The amount paid or retained by the licensee.
C. 
The net proceeds received by the benefiting organizations.
D. 
The disposition of such proceeds.