[Ord. No. 988, 9-9-2014]
Whenever used in this article unless a different meaning clearly
appears from the context:
(a)
SOLICIT AND SOLICITATION - Means 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 article.
These words shall also include the sale of or offer or attempt to
sell any item where the home 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 purposes.
A "solicitation" as defined herein 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.
(b)
CHARITABLE - Means and includes the words patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, or fraternal,
either actual or purported.
(c)
RELIGIOUS AND RELIGION AS USED HEREIN - Shall not mean and include
the word "charitable" as herein defined, but shall be given their
commonly accepted definitions.
(d)
CONTRIBUTIONS - Means and includes the words alms, food, clothing,
money, subscription, property or donations under the guise of a loan
of money or property.
(e)
PERSON - Means 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.
(f)
PROMOTER - Means any person who promotes, manages, supervises, organizes
or attempts to promote, manage, supervise, or organize a campaign
of solicitations.
[Ord. No. 988, 9-9-2014]
No person shall solicit contributions for any charitable or
religious purpose within the City without a permit from the City Auditor
authorizing such solicitation. The provisions of this article shall
not apply to the following:
(a)
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 are 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.
(b)
Those activities regulated by the charitable gambling laws of the
State of North Dakota so long as a valid permit to conduct the activity
has been secured from the City.
(c)
Any persons who have a permanent residence or permanent place of
business in Williams County, North Dakota.
[Ord. No. 988, 9-9-2014]
An application for a permit to solicit as provided by Section 18-48 of this article shall be made to the City Auditor upon forms provided by the City. Such application shall be sworn to and filed with the City Auditor at least 15 days prior to the time at which the permit applied for shall become effective.
[Ord. No. 988, 9-9-2014]
The City Auditor shall examine all applications filed under Section 18-49 of this article and shall make, or cause to be made, such further investigation of the application and the applicant as the City Auditor shall deem necessary in order for him to perform his duties under this article. Upon request by the City Auditor, the application shall make available for inspection by the City Auditor, or any person designated in writing by the City Auditor as his 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. 988, 9-9-2014]
The City Auditor shall issue the permit provided for in Section 18-47 hereof whenever he shall find the following facts to exist:
(a)
That all of the statements made in the application are true;
(b)
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;
(c)
That the control and supervision of the solicitation will be under
responsible and reliable persons;
(d)
That the applicant has not engaged in any fraudulent transaction
or enterprise;
(e)
That the solicitation will not be a fraud on the public;
(f)
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.
The City Auditor shall file in his office for public inspection,
and shall serve upon the applicant by registered mail, a written statement
of his finding of facts and his decision upon each application if
such application is denied.
[Ord. No. 988, 9-9-2014]
Before a permit is issued there shall be paid to the City Auditor
a permit fee established by resolution and adopted by the City Commission
for each day solicitations will be made within the City.
[Ord. No. 988, 9-9-2014]
Each applicant for the permit required by this article shall
furnish and file with the City Auditor a surety bond in the penal
sum established by resolution and adopted by the city commission,
issued by a surety company licensed to do business in the State and
to be approved by the City Auditor. Such bond shall run to the City
and shall be conditioned on indemnifying and saving harmless the City
and any citizen thereof from any and all damage or fraud occasioned
by such solicitation. Such bond shall remain in force not to exceed
one year and shall expire in 90 days after the holder of such permit
notifies the City Auditor, in writing, that such holder has ceased
to solicit as aforesaid, and surrenders such permit to the City Auditor.
[Ord. No. 988, 9-9-2014]
Permits issued under this article shall bear the name and address
of the individuals 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 City of Williston 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 City Auditor. Up to
three individuals may solicit for each permit which is issued; provided,
however, that only those individuals who are named on the application
for the permit may engage in solicitation. The permit may grant the
right to solicit longer than 10 days from its date, but the City Auditor
may extend any permit for not more than 10 additional days upon a
showing that unnecessary hardship would be created by a failure to
extend the original ten-day period for such additional days.
[Ord. No. 988, 9-9-2014]
Any permit issued under this article shall be nontransferable.
[Ord. No. 988, 9-9-2014]
Within five days after receiving notification that his application
for a solicitation permit has been denied, an applicant may file a
written request for a public hearing on the application before the
Board of City Commissioners. At the hearing, the applicant may present
evidence in support of his application. Any interested persons shall
be allowed to participate in the hearing. The Board of City Commissioners
shall either grant or deny the request for a solicitation permit.
[Ord. No. 988, 9-9-2014]
Whenever it shall be shown, that any person to whom a permit
has been issued under this article has violated any of the provisions
of this article, or that any promoter, agent or solicitor or a permit
holder has misrepresented the purpose of this solicitation, the Solicitations
Board may revoke the permit. Notice of revocation must be sent to
the permit holder by certified mail addressed to the permit holder
at the address set forth on the application. The Chief of Police shall
be notified of the revocation of any permit. The permit holder may
appeal his revocation to the board of city commissioners in the same
manner as in the case of a denial of a permit.
[Ord. No. 988, 9-9-2014]
No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his 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,
or in any application or report filed under this article.
[Ord. No. 988, 9-9-2014]
Any person violating any of the provisions of this article, or filing, or causing to be filed, an application for a permit or certificate under this article containing false or fraudulent misstatements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 1-11 of this Code.
