[Ord. No. 57-95, § 1, 9-12-1995]
The Common Council finds that support of charitable organizations
by the contribution of money and time by interested residents of the
City is to be encouraged and that the public good will be served by
requiring certain organizations intending to solicit the community
door-to-door to register with the City Clerk in order that those who
may choose to support those organizations will have ready access to
certain information concerning the organization.
[Ord. No. 57-95, § 2, 9-12-1995]
For the purpose of this article, the following words shall have
the same definition as provided by New York Executive Law Article
7-A, Section 171-a: Charitable organization, contribution, person,
professional fund raiser, professional solicitor, commercial coventure,
membership, solicit, law enforcement agency.
[Ord. No. 57-95, § 3, 9-12-1995]
It shall be unlawful for charitable organizations to engage
in residential door-to-door solicitation of money unless the charitable
organization has been registered with the City.
[Ord. No. 57-95, § 4, 9-12-1995]
Charitable organizations desiring to engage in residential door-to-door
solicitation within the City shall register with the City Clerk at
least three days before the first solicitation. The registering organization
shall provide the following information: name of soliciting organization;
address of organization; federal identification number; date(s) of
solicitation; names and social security number of persons soliciting,
(only if such persons are paid); evidence of registration with the
State of New York in accordance with Article 7-A of the New York Executive
Law; and a copy of the charity's most recent NY State DOS 497;
annual financial report; together with all accompanying IRS 990 Form
and audited financial reports.
In the event a professional fund raiser or professional solicitor
is doing the solicitation on behalf of the charity the following further
information is required: Name of the professional fund raising organization,
its address, its federal ID number, copy of its contract with the
charity, and if not otherwise disclosed percentage of charitable donation
retained by professional fund raiser.
In the event the applicant charitable organization is not required
to file annual financial reports in accordance with Article 7-A of
the New York Executive Law, the City Clerk shall obtain such additional
information as may establish the applicant is a bona fide charitable
organization.
All applicants shall register with the City Clerk who shall
require the counter signature of the Police Chief on the registration.
Upon receipt of the registration requirements the City shall
issue a license without fee for the date(s) requested.
[Ord. No. 57-95, § 5, 9-12-1995]
This division shall not apply to the following organizations
and persons:
(1)
Religious organizations including charities, agencies and organizations
operated, supervised or controlled by or in connection with a religious
organization.
(2)
An educational organization registered with the regents of the State
of New York.
(3)
Organizations registered with the State of New York having as a business
address a location in Cattaraugus County, New York.
[Ord. No. 57-95, § 6, 9-12-1995]
Violation of a provision of this division shall be unlawful
subject to the general penalties as provided by this Code.
