[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:
An individual, partnership, unincorporated association or
corporation.
Any person who shall, by personal interview, telephone, mail,
telegram, circular or other means of communication, whether in public
or private places:
Collect or receive money or property;
Sell tickets, articles or things of any kind or value;
Solicit, request or attempt to induce or persuade any person
to contribute any money or thing of value; or
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.
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:
