[R.O. 1966 § 8:7-21]
Solicitations directed toward persons within the City or originating
within the City is hereby declared to be an activity affected with
a public interest. Licensing, control and regulation of solicitation
and persons conducting such solicitations, as herein defined and limited,
are hereby declared to be reasonably necessary for the protection
of the public.
[R.O. 1966 § 8:7-22]
As used in this Article:
DIRECTOR
Shall mean the Director of the Department of Finance and/or
his designee.
MEMBERS
Shall mean regularly enrolled dues-paying members eligible
to participate as members in the management and affairs of the body.
OTHER THING OF VALUE
Shall mean property of any nature whatsoever, financial assistance,
things, goods, alms, food, clothing, subscriptions, donations or gifts
under the guise of a loan, and advertising.
PERSON
Shall mean any individual, firm, copartnership, corporation,
company, association, or joint stock association, church, religious
sect, religious denomination, society, organization, or league, and
include any trustee, receiver, assignee, agent, or other similar representative
thereof.
SOLICITATION
Shall mean:
a.
Direct or implied appeals for gifts, donations, subscriptions,
pledges or contributions of money or other thing of value, or
b.
Direct or implied offers of membership of a type not embraced
by the term "members" as defined above in this section, advertising,
subscriptions, services, goods, admissions, prizes or tickets for
which the primary consideration is money or other thing of value;
provided that such appeals or offers are made for purposes which have
or purport to have, or are made in the name of persons who have or
purport to have, a charitable, patriotic, philanthropic, social service,
welfare, benevolent or fraternal purpose; and further provided that
such appeals or offers are made by bona fide active members of any
duly organized organizations to others than its bona fide membership;
and further provided that such appeals or offers are made by any person
whatsoever; and provided further that such appeals or offers are made
by any means or medium whatsoever, including, without limitation,
by personal contact individually or in groups, by telephone, by mail,
by any medium of public communication, or by handbills, throwaways,
posters, booths, signs, soundtrucks or any other medium of advertisement;
and further provided that either:
1.
The person making the solicitation originates or makes it within
the City, or
2.
The person toward whom the solicitation is directed is solicited
within the City.
A solicitation shall be deemed to be made when the solicitor
has communicated, as provided heretofore, with the proposed contributor
whether or not the contributor to whom it is directed parts with any
money or other thing of value (defined above) in response thereto.
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[R.O. 1966 § 8:7-23]
The provisions of this Article shall not apply to or govern
solicitation which is conducted by, in the name of or on behalf of:
a. A bona fide religious body, and its agencies, auxiliaries or divisions
for religious, spiritual, evangelical, charitable, benevolent, philanthropic
or educational purposes.
b. Any organization to which contributions are allowable as a deduction
as charitable contributions under the Federal Income Tax Law now or
hereafter in effect.
[R.O. 1966 § 8:7-24]
No person shall conduct a solicitation without first obtaining
a license therefor from the Director.
[R.O. 1966 § 8:7-29; Ord. 6 S+FE, 10-17-2007; Ord.
6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016]
a. For the purpose of administering the terms of this Article or making
determinations hereunder, the Director shall seek the advice of the
directors of the Department of Health and Community Wellness and of
the Department of Public Safety and may in his discretion conduct
investigations in such manner as he shall deem advisable, including
public hearings. Except as hereinbelow provided, the Director shall
base his determination upon: the statements, applications and disclosures
made by the applicant or licensee pursuant to this Article; the information
presented at public hearings, if any; and any other relevant and credible
information known to him or presented to him under oath or otherwise.
He shall not be bound by technical rules of evidence.
b. The Director shall conduct all public hearings under this Article.
Within 10 days after the conclusion of such public hearing, the Director
shall, in writing, notify the applicant or licensee of his final determination
and final findings of fact, which shall be based upon the statements,
applications and disclosures made by the applicant or licensee pursuant
to this Article, upon information presented under oath at public hearings
and upon any other relevant and credible information which is a matter
of record, or of expert or common knowledge. The Director shall not
be bound by technical rules of evidence.
c. The applicant or licensee shall receive at least five days' notice
by registered or certified mail of the time, place and subject matter
of any public hearing which concerns his or its application or license.
At any public hearing, the Director may, and at the request of the
applicant or licensee shall, subpoena witnesses; and the Director
and the applicant or licensee may examine witnesses under oath.
d. The statements, applications and disclosures made by the applicant
or licensee pursuant to this Article and, the determinations and the
findings of fact made by the Director shall be filed by him with the
City Clerk and shall be preserved as public records and shall be suitably
indexed. In addition, the Director may give to such statements, applications,
disclosures, determinations and findings of fact such publicity, in
such manner as he may deem advisable for the furtherance of the purposes
of this Article.
e. Nothing in this Article contained shall be deemed to permit or require
an applicant or licensee to disclose, or to permit or require the
Director to inquire as to or publicize the names of specific persons
who have contributed or promised to contribute or who have failed
or refused to contribute to the applicant or licensee in response
to solicitation, without the express consent of such persons.
[R.O. 1966 § 8:7-32]
Any person who gives money or other thing of value to a solicitor,
canvasser or other such person having a value in excess of $1 in response
to solicitation shall upon demand be given a receipt therefor signed
by the licensee, if a natural person, or by any officer of the licensee,
which signature may be a facsimile, and by the solicitor, canvasser
or other such person.
[R.O. 1966 § 8:7-35]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.