[Ord. No. 384 §1, 8-1-1966]
Whenever used in this Chapter unless a different meaning clearly
appears from the context, the following terms shall have the meanings
set out herein:
Shall mean and include the words patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, cultural,
or fraternal, either actual or purported.
Shall mean and include the words alms, food, clothing, money,
subscription, property or donations under the guise of a loan of money
or property.
Any individual, firm, co-partnership, corporation, company,
association, or joint stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent, or other similar representative thereof.
Any person who, for pecuniary or other compensation, is engaged
in the business of or holds himself/herself out to the public as engaged
in the business of soliciting contributions for or on behalf of any
charitable or religious cause or organization, or for compensation
agrees to manage the solicitations of any campaign for any such purpose.
Shall not mean and include the work "charitable" as herein defined, but shall be given their commonly accepted definitions.
The request directly or indirectly of money, credit, property,
financial assistance, or other thing of value on the plea or representation
that such money, credit, property, financial assistance, or other
thing of value will be used for a charitable or religious purpose
as those purposes are defined in this Chapter. These words shall also
mean and include the following methods of securing money, credit,
property, financial assistance or other thing of value on the plea
or representation that it will be used for a charitable or religious
purpose as herein defined:
Any oral or written request.
The distribution, mailing or publishing of any handbill, or
other publication.
The making of any announcement to the press, over the radio,
by telephone or telegraph concerning an appeal, assemblage, athletic
or sports event, benefit, campaign, contest, dance, drive, entertainment,
exhibition, exposition, performance, sale or social gathering, which
the public is requested to patronize or to which the public is requested
to make a contribution for any charitable or religious purpose connected
therewith.
The sale of, offer or attempt to sell, any advertisement, advertising
space, book, card, chance, coupon, device, magazine, membership, merchandise,
subscription, ticket or other thing in connection with which any appeal
is made for any charitable or religious purpose, or where the name
of any charitable or religious person is used or referred to in any
such appeal as an inducement or reason for making any such sale, or
when or where in connection with any such sale, any statement is made
that the whole or any part of the proceeds from any such sale will
go or be donated to any charitable or religious purpose.
Shall be deemed completed when made, whether or not the person
making the same receives any contribution or makes any sale referred
to in this Section.
[Ord. No. 384 §2, 8-1-1966]
No person shall solicit contributions for any charitable purpose
within the City of Pleasant Valley, Missouri, without a permit from
the City Clerk authorizing such solicitations; provided however, that
the provisions of this Section shall not apply to any established
person organized and operated exclusively for religious or charitable
purposes and not operated for the pecuniary profit of any person if
the solicitations by such established person and conducted among the
members thereof by other members or officers thereof, voluntarily
and without remuneration for making such solicitations, or if the
solicitations are in the form of collections or contributions at the
regular assemblies or services of any such established person.
[Ord. No. 384 §3, 8-1-1966]
A.Â
An application for a permit to solicit as provided by Section 615.020 of this Chapter shall be made to the Board of Aldermen upon forms provided by the City of Pleasant Valley, Missouri. Such application shall be sworn to and filed with the City Clerk at least fifteen (15) days prior to the time at which the permit applied for shall become effective; provided however, that the Board of Aldermen may for good cause shown allow the filing of an application less than fifteen (15) days prior to the effective date of the permit applied for. The application herein required shall contain the following information, or in lieu thereof, a detailed statement of the reasons why such information cannot be furnished.
1.Â
The name, address or headquarters of the person applying for the
permit;
2.Â
If applicant is not an individual, the names and addresses of the
applicant's principal officers and managers and a copy of the resolution,
if any, authorizing such solicitation, certified to as a true and
correct copy of the original by the officer having charge of applicant's
records;
3.Â
The purpose for which such solicitation is to be made, the total
amount of funds proposed to be raised thereby, and the use or disposition
to be made of any receipts therefrom;
4.Â
A specific statement, supported by reasons and, if available, figures,
showing the need for the contributions to be solicited;
5.Â
The names and addresses of the person or persons by whom the receipts
of such solicitations shall be disbursed;
6.Â
The names and addresses of the person or persons who will be in direct
charge of conducting the solicitation and the names of all promoters
connected or to be connected with the proposed solicitation;
7.Â
An outline of the method or methods to be used in conducting the
solicitations;
8.Â
The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of such solicitation;
9.Â
The estimated cost of the solicitation;
10.Â
The amount of any wages, fees, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitations,
and the names and addresses of all such persons;
11.Â
A financial statement for the last preceding fiscal year of any funds
collected for charitable purposes by the applicant, said statement
giving the amount of money so raised, together with the cost of raising
it, and final distribution thereof;
12.Â
A full statement of the character and extent of the charitable work
being done by the applicant within the City;
13.Â
A statement that the actual cost of the solicitation will not exceed
twenty-five percent (25%) of the total amount to be raised;
14.Â
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 City of
Pleasant Valley, Missouri, or by any department, employee or officer
thereof;
15.Â
Such other information as may be reasonably required by the Board
of Aldermen in order for it to determine the kind and character or
the proposed solicitation and whether such solicitation is in the
interest of, and not inimical to, the public welfare.
B.Â
If,
while any application is pending, or during the term of any permit
granted thereon, there is any change in fact, policy, or method that
would alter the information given in the application, the applicant
shall notify the City Clerk in writing thereof within twenty-four
(24) hours after such change.
[Ord. No. 384 §4, 8-1-1966]
The Board of Aldermen shall examine all applications filed under Section 615.030 of this Chapter and shall make, or cause to be made such further investigation of the application and the applicant as it shall deem necessary in order for it to perform its duties under this Chapter. Upon request by the Board of Aldermen, or any person designated in writing by the Board of Aldermen as its representative for such purpose, all of the applicant's books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired.
[Ord. No. 384 §5, 8-1-1966]
A.Â
The City Clerk shall issue the permit provided for in Section 615.020 hereof whenever the Board of Aldermen shall find the following facts to exist:
1.Â
That all of the statements made in the application are true;
2.Â
That the applicant has a good character and reputation for honesty
and integrity, or if the applicant is not an individual person, that
every member, managing officer or agent of the applicant has a good
character or reputation for honesty and integrity;
3.Â
That the control and supervision of the solicitation will be under
responsible and reliable persons;
4.Â
That the applicant has not engaged in any fraudulent transaction
or enterprise;
5.Â
That the solicitation is prompted solely by a desire to finance the
charitable cause described in the application, and will not be conducted
primarily for private profit;
6.Â
That the cost of raising the funds will be reasonable. Any such cost
in excess of twenty-five percent (25%) of the amount collected shall
be considered to be unreasonable unless special facts are presented
showing that peculiar reasons make a cost higher than twenty-five
percent (25%) reasonable in the particular case.
B.Â
The
City Clerk shall file in his/her office for public inspection, and
shall serve upon the applicant by registered mail, a written statement
of the finding of facts and the decision upon each application.
[Ord. No. 384 §6, 8-1-1966]
Non-profit organizations shall not be charged a fee for a permit,
all other permits shall be paid to the City Clerk of the City of Pleasant
Valley, Missouri, in the sum of three dollars ($3.00) as a permit
fee.
[Ord. No. 384 §7, 8-1-1966]
Permits issued under this Chapter shall bear the name and address
of the person by whom the solicitation is to be made, the number of
the permit, the date issued, the dates within which the permit holder
may solicit, and the statement that the permit does not constitute
an endorsement by the City of Pleasant Valley, Missouri, or by any
of its departments, officers and employees for the purpose or for
the person conducting the solicitation. All permits must be signed
by the Mayor and City Clerk. No permit may grant the right to solicit
longer than ninety (90) days from its date, but the Board of Aldermen
may extend any permit for not more than ninety (90) days additional
upon a showing that unnecessary hardship would be created by a failure
to extend the original ninety (90) day period for such additional
days.
[Ord. No. 384 §8, 8-1-1966]
Any permit issued under this Chapter shall be non-transferable
and shall be returned to the City Clerk within two (2) days of its
date of expiration, together with all facsimile copies thereof.
[Ord. No. 384 §9, 8-1-1966]
All persons to whom permits have been issued under this Chapter
shall furnish proper credentials to their agents and solicitors for
such solicitations. Such credentials shall include the name of the
permit holder, the date, a statement describing said holder's charitable
activity, a description of the purpose of the solicitation, the signature
of the permit holder or of the holder's chief executive officer, and
the name, address, age, sex and signature of the solicitor to whom
such credentials are issued and the specific period of time during
which said solicitor is authorized to solicit on behalf of the permit
holder. A copy of such credentials must be filed with the City Clerk
at the time the application for a permit is filed and must be approved
by him/her as conforming to the requirements of this Section before
such permit is issued. No person shall solicit under any permit granted
under this Chapter without the credentials required by this Section
and a facsimile copy of said permit in his/her possession. Said credentials
and said facsimile copy of the permit must be shown, upon request,
to all persons solicited and to any Police Officer of the City of
Pleasant Valley, Missouri; provided, that in those cases where such
issuance of credentials would be impractical in the judgment of the
City Clerk, then the City Clerk may limit or waive entirely the requirements
of this Section.
[Ord. No. 384 §10, 8-1-1966]
Any person receiving money or anything having a value of one
dollar ($1.00) or more from any contributor under a solicitation made
pursuant to a permit granted under this Chapter shall give to the
contributor a written receipt signed by the solicitor showing plainly
the name and permit number of the person under whose permit the solicitation
is conducted, the date, and the amount received; provided however,
that this Section shall not apply to any contribution collected by
means of a closed box or receptacle.
[Ord. No. 384 §11, 8-1-1966]
Within five (5) days after receiving notification by registered
mail that his/her application for permit to solicit under this Chapter
has been denied, or after issuance, has been suspended, such person
may file written request for a public hearing to review the action
taken, before the Board of Aldermen, together with written exceptions
to the findings of fact upon which the Board of Aldermen based its
decision. Upon the filing of such a request, the Board of Aldermen
shall fix a time and place for the hearing and shall notify the applicant
thereof. The hearing shall be held within fifteen (15) days after
the request is filed. At the hearing the applicant may present evidence
in support of his/her application and exceptions. Any interested person
may, in the discretion of the Board of Aldermen, be allowed to participate
in the hearing and present evidence in opposition to the application
and exceptions. Within ten (10) days after the conclusion of the hearing
the Board of Aldermen shall render a written report either granting
or denying the application for a permit. This report shall be filed
in the City Clerk's office for public inspection and a copy shall
be served in person or by mail upon the applicant and all parties
to the hearing.
[Ord. No. 384 §12, 8-1-1966]
Whenever it shall be shown, or whenever the Board of Aldermen
has knowledge, that any person to whom a permit has been issued under
this Chapter has violated any of the provisions of this Chapter, or
that any promoter, agent or solicitor of a permit holder has misrepresented
the purpose of the solicitation, the Board of Aldermen shall immediately
suspend the permit and give the permit holder written notice by registered,
special delivery, mail of a hearing to be held within seven (7) days
of such suspension to determine whether or not the permit should be
revoked. At the hearing the permit holder, and any other interested
person, shall have the right to present evidence as to the suspension
of the permit, and any other facts which may aid the Board of Aldermen
in determining whether this Chapter has been violated and whether
the purpose of the solicitation has been misrepresented. If, after
such hearing, the Board of Aldermen finds that the Chapter has been
violated, or the purpose of the solicitation has not been misrepresented
it shall within five (5) days after the hearing file in the City Clerk's
office for public inspection and serve upon the permit holder, and
all interested persons participating in the hearing, a written statement
of the facts upon which it bases such finding and shall immediately
revoke the permit. If, after such hearing the Board of Aldermen finds
that the Chapter has not been violated and the purpose of the solicitation
has not been misrepresented, it shall within five (5) days after the
hearing give to the permit holder a written statement cancelling the
suspension of the permit and stating that no violation or misrepresentation
was found to have been committed.
[Ord. No. 384 §13, 8-1-1966]
The Chief of Police shall be notified forthwith by the City
Clerk of the suspension or revocation of any permit issued under this
Chapter.
[Ord. No. 384 §14, 8-1-1966]
No person shall solicit any contribution for any charitable
purpose without maintaining a system of accounting whereby all donations
to it and all disbursements are entered upon the books or records
or such person's Treasurer or other Financial Officer.
[Ord. No. 384 §15, 8-1-1966]
It shall be the duty of all persons issued permits under this
Chapter to furnish to the City Clerk within thirty (30) days after
the solicitation has been completed, a detailed report and financial
statement showing the amount raised by the solicitation, the amount
expended in collecting such funds, including a detailed report of
the wages, fees, commissions, and expenses paid to any person in connection
with such solicitation, and the disposition of the balance of the
funds collected by the solicitation. This report shall be available
for public inspection at the City Clerk's office at any reasonable
time; provided however, that the City Clerk may extend the time for
the filing of the report required by this Section for an additional
period of thirty (30) days upon proof that the filing of the report
within the time specified will work unnecessary hardship on the permit
holder. The permit holder shall make available to the City Clerk,
or to any person designated in writing by the City Clerk as his/her
representative for such purpose, all books, records, and papers whereby
the accuracy of the report required by this Section may be checked.
[Ord. No. 384 §16, 8-1-1966]
A.Â
No
person shall solicit contributions for any religious purpose within
the City of Pleasant Valley, Missouri, without a certificate from
the City Clerk. Application for a certificate shall be made to the
City Clerk upon forms provided by the City of Pleasant Valley, Missouri.
Such application shall be sworn to, or affirmed, and shall contain
the following information, or in lieu thereof, a statement of the
reason or reasons why such information cannot be furnished:
1.Â
The name and address or headquarters of the person applying for the
permit.
2.Â
If applicant is not an individual, the names and addresses of the
applicant's principal officers and managers and a copy or the resolution
if any, authorizing such solicitation certified to as a true and correct
copy of the original by the officer having charge of applicant's records.
3.Â
The purpose for which such solicitation is to be made, the total
amount of funds proposed to be raised thereby, and the use or disposition
to be made of any receipts therefrom.
4.Â
A specific statement, supported by reasons and, if available figures,
showing the need for the contributions to be solicited.
5.Â
The name and address of the person or persons by whom the receipts
of such solicitations shall be disbursed.
6.Â
The name and address of the person or persons who will be in direct
charge of conducting the solicitation and the names of all promoters
connected or to be connected with the proposed solicitation.
7.Â
An outline of the method or methods to be used in conducting the
solicitations.
8.Â
The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of such solicitations.
9.Â
The estimated cost of the solicitation.
10.Â
The amount of any wages, fee, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitations,
and the names and addresses of all such persons.
11.Â
A financial statement for the past preceding fiscal year of any funds
collected for religious purposes by the applicant, said statement
giving the amount of money so raised, together with the cost of raising
it, and final distribution thereof.
12.Â
A full statement of the character and extent of the religious work
being done by the applicant within the City of Pleasant Valley, Missouri.
13.Â
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 City of
Pleasant Valley, Missouri, or by any department, employee or officer
thereof.
14.Â
Such other information as may be submitted to the Board of Aldermen
in order for it to determine the kind and character of the proposed
solicitation.
B.Â
If,
while any application is pending, or during the term of any certificate
granted thereon, there is any change in fact, policy, or method that
would alter the information given in the application, the applicant
shall notify the City Clerk in writing thereof within twenty-four
(24) hours after such change.
C.Â
Upon receipt of such application, the City Clerk shall forthwith issue the application a certificate of registration. The certificate shall remain in force and effect for a period of one (1) year after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of new application as provided for in this Section. Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does not constitute an endorsement of the City of Pleasant Valley, Missouri, or by any of its departments, employees, or officers, of the purpose or of the person conducting the solicitation. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors, such credentials to conform to the requirements specified for credentials in Section 615.090 of this Chapter, and a copy of such credentials shall be filed with the City Clerk at the time of the filing of the application for a certificate. No person shall solicit for any religious cause without having such credentials in his/her possession, together with a copy of the certificate of registration under which the solicitation is being conducted, and such person shall, upon demand, present these credentials and this copy of the certificate to any person solicited or to any Police Officer of the City of Pleasant Valley, Missouri; provided however, that the provisions of this Section shall not apply to any established person organized and operated exclusively for religious purposes and not operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.
[Ord. No. 384 §17, 8-1-1966]
The Board of Aldermen is authorized to investigate the affairs and any person soliciting for religious purposes under a certificate issued under Section 615.160, and the affairs of any person exempted from the requirement of a permit under Section 615.020, or exempted from the requirement of a certificate under Section 615.160 and make public its written findings in order that the public may be fully informed as to the affairs of any said persons. Said persons shall make available to the Board of Aldermen, or to any representative designated by the Board of Aldermen in writing for such specific purpose, all books, records or other information reasonably necessary to enable the Board of Aldermen to fully and fairly inform the public of all facts necessary to a full understanding of the public of the work and methods of operation of such persons; provided, that five (5) days before the public release of any findings under this Section, the City Clerk must first serve a copy of said findings upon the person investigated and at the time of the release of its findings it must release a copy of any written statement said person may file with the City Clerk in explanation, denial, or confirmation of said findings.
[Ord. No. 384 §18, 8-1-1966]
The practice of going in and upon private residences in the
City, by persons not holding a permit pursuant to this Chapter and
not having been requested or invited to do so by the owners or occupants
of such private residences, for the purpose of soliciting orders for
the sale of goods, wares or merchandise and disposing of or peddling
or hawking the same is declared to be a nuisance and unlawful.
[Ord. No. 384 §19, 8-1-1966]
No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his/her name, occupation,
financial condition, social condition or residence, and no person
shall make or perpetrate any other misstatement, deception, or fraud
in connection with any solicitation of any contribution for any purpose
in the City of Pleasant Valley, Missouri, or in any application or
report filed under this Chapter.
[Ord. No. 384 §21, 8-1-1966]
Any person violating any of the provisions of this Chapter,
or filing, or causing to be filed, an application for a permit or
certificate under this Chapter containing false or fraudulent misstatements,
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than ten dollars ($10.00) nor more than five
hundred dollars ($500.00), or shall be imprisoned for not more than
ninety (90) days, or may be punished by both fine and imprisonment.
