[CC 1961 §32.01; Ord. No. 1052, 4-7-1958]
A.
There
is hereby created, for the administration of this Chapter, a Charity
Solicitations Commission, composed of three (3) to five (5) members,
who shall serve without remuneration for such services. Such Commission
shall consist of the Chief of Police, the City Manager, and the Chief
of the Fire Department; and two (2) additional members may be appointed
by the Council. No one shall be appointed as a member of the Commission
who is the organizer or local head of any charitable, educational
or philanthropic agency. The two (2) additional members who may be
appointed shall serve for a period of four (4) years, and any vacancy
occurring shall be filled in the same manner as provided for the original
appointment.
B.
The
Commission shall elect its own officers, determine its time and place
of meeting, and shall, except as herein provided, adopt such other
regulations as in its own judgment shall be necessary for the successful
administration of the provisions and consummation of the purpose of
this Chapter. A majority of the members shall constitute a quorum
for the prosecution of business.
C.
The
Commission shall have power to issue permits and revoke permits as
provided in this Chapter and the further power to summon witnesses,
take testimony, direct investigations, conduct hearings and do and
perform all other acts which may be necessary and proper within the
scope of its duties and functions.
[CC 1961 §32.02; Ord. No. 1052, 4-7-1958]
A.
It
shall be unlawful for any person directly or indirectly, to solicit
money, property or financial assistance of any kind, to sell or offer
to sell any article, tag service, emblem, publication, ticket, advertisement
subscription or anything of value, on the plea or the representation
that such sale or solicitation, or the proceeds thereof, is for a
charitable, patriotic or philanthropic purpose, on the streets, in
any office or business building, by house-to-house canvass, or in
any other private or public place, by telephone, personal solicitation,
by mail, or in any other way, in the City, unless such person shall
have first obtained a permit as herein provided in this Chapter.
B.
The
provisions of this Section shall not apply to any established society,
association or corporation that is organized and operated exclusively
for philanthropic, benevolent, fraternal, charitable or reformatory
purposes, not operated for pecuniary profit, where no part of the
net earnings of which inures to the benefit of any person, private
shareholder or individual, and where the solicitation of such organization
shall be conducted among the members thereof by other members or officers
thereof, voluntarily and without remuneration for such solicitations,
or where such solicitation may be in the form of collections or contributions
at the regular exercises or services of any church, religious society,
lodge, benevolent order or fraternity or similar organizations, or
of any branch thereof.
[CC 1961 §32.03; Ord. No. 1052, 4-7-1958]
A.
Application for a permit to solicit for any cause, required by Section 625.020, shall be sworn to and addressed to the Secretary of the Charity Solicitations Commission, and shall contain the following information:
1.
Name of organization applying for a license to solicit, and the address
of its headquarters.
2.
Names and addresses of its principal officers and management.
3.
The purpose for which such solicitation is to be made and the use
or disposition to be made of any receipts therefrom.
4.
The name of the person or persons by whom the receipts of such solicitation
shall be disbursed.
5.
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
6.
An outline of the methods to be used in conducting the solicitations.
7.
The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of such solicitations.
8.
The amount of any wages, fees, commissions, expenses or emoluments
to be expended or paid to anyone in connection with such solicitation,
together with the manner in which such wages, fees, expenses, commissions
or emoluments are to be expended, to whom paid and the amount thereof.
9.
A financial statement for the last preceding fiscal year, if any, of any funds collected for the purposes set out in Section 625.020 of this Chapter, by the organization or persons seeking a license for such solicitations; such statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof.
10.
A full statement of the character and extent of the charitable or
philanthropic work being done by the applicant organization within
the City.
11.
Such other information as may be required by the Charity Solicitations
Commission, in order for such Commission to fully determine the kind
and character of the proposed solicitation, and as to whether such
solicitation is in the interests of, and not inimical to, the public
welfare.
12.
A statement to the effect that if a permit is granted it will not
be used or represented in any way as an endorsement by the Charity
Solicitations Commission or by any member thereof, or by the City.
[CC 1961 §32.04; Ord. No. 1052, 4-7-1958]
A.
Permit. Upon receipt of the application provided for in Section 625.030, the Charity Solicitations Commission shall make, or cause to be made, such investigation as shall be deemed necessary in regard thereto. If satisfied that such solicitation is to be for a bona fide charitable, patriotic or philanthropic purpose, that such solicitation is prompted solely by a desire to finance the cause in question, that the organization for which solicitation is to be conducted is under the control and supervision of the responsible and reliable persons and that the cost of raising the funds shall be reasonable (in no event to exceed twenty-five percent (25%) of the total amount to be raised), the Commission shall certify such fact and the period such permit should run, to the Director of Finance.
B.
The
Director of Finance upon the receipt of such certificate and the payment
of a fee of three dollars ($3.00) by the applicant, shall issue the
permit.
C.
The
permit shall be non-transferable, and shall not run for more than
three (3) months, provided, that the commission, upon receipt of an
application for extension, may extend such permit for additional period
of not to exceed three (3) months upon payment of three dollars ($3.00)
by the applicant for each such extension period.
D.
The
Director of Finance shall issue, together with the permit, a sufficient
number of facsimile copies of the permit to furnish all agents, members
or representatives soliciting with a copy thereof, at a cost of three
cents ($.03) each, to be paid by the organization obtaining the permit.
[CC 1961 §32.05; Ord. No. 1052, 4-7-1958]
It shall be unlawful for any person holding a permit, or for
any agent, member or representative thereof, to advertise, represent
or hold out in any manner, that such permit is an endorsement of the
holder by the Charity Solicitations Commission, or by any member thereof,
or by any organization which such member may represent, or by the
City, but it shall be lawful for a permit holder to use, advertise
and hold out the fact of its permit in the following words and no
other: "Charities solicitations permit No. ____" including the serial
number of its permit.
[CC 1961 §32.06; Ord. No. 1052, 4-7-1958]
The Charity Solicitations Commission may require from any permit
holder any reports or information at such times and such intervals
as in the discretion of the Commission shall be necessary for the
proper administration of this Chapter and the public welfare of the
City.
[CC 1961 §32.07; Ord. No. 1052, 4-7-1958]
The Charity Solicitations Commission shall have the power to
revoke any permit it may have granted. If, upon the receipt of written
information, or upon its own investigation, the Charity Solicitations
Commission shall find that any agent or representative of the licensee
is misrepresenting or making untrue statements with regard to the
solicitations, or the purposes thereof, or has made untrue statements
in the application, or that in any other way the solicitation has
been conducted, or is being conducted, in violation of this Chapter,
or in a manner inimical to the public welfare of the community, the
Charity Solicitations Commission shall give the permit holder twenty-four
(24) hours' notice in writing that a hearing is to be had. At such
hearing the Commission shall ascertain the facts, and if any reason
above set forth for revoking the permit is found to exist, the permit
shall be revoked.
[CC 1961 §32.08; Ord. No. 1052, 4-7-1958]
It shall be unlawful for any person to obtain money or anything
of value from any charitable organization or relief agency by means
of any false representation in respect to the needs, requirements,
unemployment or financial condition of the person for whom such money
or thing of value is obtained.
[CC 1961 §32.09; Ord. No. 1052, 4-7-1958]
Any person on the roll or list of any charitable organization
or relief agency, who continues to accept money or anything of value
from such organization or agency, after employment is obtained by
any member of the household of such person, without reporting such
employment to such organization or agency, shall, for the purpose
of this Chapter be deemed to have obtained such money or thing of
value by means of false representation.
