For the purpose of this article, the following definitions shall
apply, unless a different meaning is clearly indicated by the context:
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, educational, civic or fraternal, either actual
or purported.
Includes the words alms, food, clothing, money, subscription,
property or donations under the guise of a loan of money or property.
Any individual firm, copartnership, 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 promotes, manages, supervises, organizes,
or attempts to promote, manage, supervise, or organize a campaign
of solicitation.
Shall not mean and include the word "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
by means of going from door to door.
All persons to whom permits have been issued under this article
shall furnish proper credentials to their solicitors for such solicitation.
Such credentials shall include the name of the permit holder, the
date, a statement describing the holder's charitable or religious
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 the solicitor is authorized to solicit on behalf of the permit
holder. A copy of such credentials must be filed with the Township
Clerk at the time the application for a permit is filed under this
article and must be approved by him as conforming to the requirements
of this section. No person shall solicit under any permit granted
under this article, unless he has such credentials in his immediate
possession, and the same shall be shown upon the request of any person
solicited or any police officer of the Township.
No person shall solicit any contributions for any charitable
or religious purpose for which a permit is required by this article,
without maintaining a system of accounting whereby all donations and
all disbursements are entered upon the books or records of such person's
treasurer or other financial officer.
A.
It shall
be unlawful for any person, or for any agent, member, or representative
thereof, directly or indirectly, to solicit money, donations of money,
property or financial assistance of any kind, or 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 or any part thereof,
is for a charitable or religious purpose, on the streets, in any office
or business building, by house to house canvass, or in any other public
or private place or personal solicitation unless such person shall
have a permit issued in accord with this article.
B.
The provisions
of this section shall not apply to any established society, association
or corporation that is organized and operated exclusively for religious,
philanthropic, benevolent, fraternal, charitable or reformatory purposes,
and not operated for pecuniary profit, where no part of the net earnings
of which benefits any person, private shareholder or individual, and
where the solicitation of such organization is conducted among the
members thereof by other members or officers thereof, voluntarily
and without remuneration for such solicitation, or where such solicitation
is in the form of collection or contributions at the regular exercises
or services of any church, religious society, lodge, benevolent order
of fraternity or similar organizations, or any branch thereof.
A.
An application for a permit required by this article shall be made
to the Township Clerk upon forms provided by the Township. Such application
shall contain the following information or, in lieu thereof, a detailed
statement of the reason or reasons why such information cannot be
furnished:
(1)
The name, address or headquarters of the person applying for the
permit.
(2)
If the 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 the applicant's records.
(3)
The purpose and use for which such solicitation is to be made.
(4)
The name and address of the person 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.
(5)
An outline of the method or methods to be used in conducting the
solicitation.
(6)
The time when such solicitation shall be made, giving the preferred
dates for the beginning and ending of such solicitation.
(7)
The amount of any wages, fees, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitation,
and the names and addresses of all such persons.
(8)
A statement that the actual cost of the solicitation will not exceed
25% of the total amount to be raised.
(9)
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 Township
or by any department or officer thereof.
(10)
Such other information as may be reasonably required by the
Township in order for the Township to determine the kind and character
of the proposed solicitation and whether such solicitation is in the
interest of and not inimical to the public welfare.
B.
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 Township Clerk in writing thereof within 24 hours
after such change.
C.
No person shall, directly or indirectly, make or perpetrate any misstatement,
deception, or fraud in connection with any application or report filed
under this section.
A.
The Township Clerk shall examine all applications filed under this
article and shall make or cause to be made such further investigation
of the application and the applicant as the Township Clerk shall deem
necessary. The Huron Township Police Department may review and/or
investigate any application and applicant, and any costs incurred
therein shall be borne by the applicant.
[Amended 3-28-2018 by Ord. No. 18-03]
B.
The Township Clerk shall not issue a permit required by this article,
unless he finds:
(1)
That all of the statements made in the application are true.
(2)
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 or co-partner, managing officer or agent of the applicant
has a good character and reputation for honesty and integrity.
(3)
That the control and supervision of the solicitation will be under
responsible and reliable persons.
(4)
That the applicant has not engaged in any fraudulent transaction
or enterprise.
(5)
That the solicitation will not be a fraud on the public.
(6)
That the solicitation is prompted solely by a desire to finance the
charitable or religious cause described in the application and will
not be conducted primarily for private profit.
(7)
That the cost of raising the funds will be reasonable. Any such cost
in excess of 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 25% reasonable in the particular case.
A permit required by this article shall be issued by the Township
Clerk, when all of the provisions of this article have been complied
with and when such issuance has been approved by the Township Clerk;
provided that such permit shall not be issued until the credentials
of the applicant's solicitors have been approved.
Permits issued under this article 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 a statement that the permit does not constitute an
endorsement by the Township or by any of its departments, officers
or employees of the purpose or of the person conducting the solicitation.
All permits must be signed by the Township Clerk. No permit may grant
the right to solicit longer than 90 days from its date, but the Township
Clerk may extend any permit for not more than 90 additional days,
upon a showing that unnecessary hardship would be created by a failure
to so extend the original ninety-day period, and upon approval of
such extension by the Township Board.
No person shall solicit under a permit issued pursuant to this
article, unless he has in his immediate possession, a facsimile copy
of such permit, which copy must be shown upon the request of any person
solicited or any police officer of the Township.
Any permit issued under this article shall be nontransferable
and shall be returned to the Township Clerk within two days after
its date of expiration, together with all facsimile copies thereof.
Whenever it shall be shown or whenever the Township Clerk has
knowledge that any person to whom a permit has been issued under this
article has violated any of the provisions of this article or has
misrepresented the purpose of the solicitation, the Township Clerk
may revoke the license by mailing a notice of revocation by certified
mail to the licensee. The licensee shall have the right to appeal
to the Township Board at their next regular meeting.
