As used in this division, the term “charitable solicitations
campaign” shall mean any course of conduct whereby any person
shall solicit 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 representation
that such sale or solicitation or the proceeds therefrom are for a
charitable, educational, political, patriotic or philanthropic purpose.
It shall be unlawful to conduct any charitable solicitations campaign
on the streets, in any office building or any other public or private
place, by house-to-house canvass, or by telephone in the city unless
the person conducting the same and responsible therefor shall first
have obtained a permit with the city in compliance with the terms
of this division.
(1996 Code, sec. 58-81)
The provisions of this division shall not apply to any:
(1) Organization
which solicits funds solely from its own members or from its own assemblies,
not using public streets or public places for such purposes;
(2) Public
school which controls the solicitations of funds by parent-teacher
association organizations and the solicitations of funds by other
activity groups which may be sponsored by the public school or by
an association or club whose primary purpose is to sponsor certain
student and parent activities for the benefit of such association,
club or activity;
(3) Solicitation
for the benefit of an individual or family that has suffered a personal
tragedy resulting from personal injury, illness or the loss of housing;
and
(4) Solicitations
campaign conducted through the use of television or radio as to those
activities directly related to the use of television or radio.
(1996 Code, sec. 58-82)
(a) A
person desiring to conduct a charitable solicitations campaign on
the streets or in any public place or by house-to-house canvass in
the city shall file an application provided by the office of the city
administrator with the city secretary’s office. Such registration
statement shall be sworn to by the applicant and shall contain at
least the following information:
(1) The full name of the organization applying for a permit to solicit
and the address of the headquarters in the city; if the organization
is a chapter or other affiliate of an organization having its principal
office outside the city, the name and address of the parent organization;
(2) The names and addresses of all officers and directors or trustees
of the organization and the name and city of residence of all officers,
directors or trustees of the parent organization, if any;
(3) The purpose or purposes for which the gross receipts derived from
such solicitations or other activities are to be used;
(4) The name of the person by whom the receipts or such solicitation
shall be disbursed; if the receipts are transmitted to a parent organization
for further disbursement, detailed information on the methods of handling
and disbursement of all funds and a detailed and complete financial
statement of the parent organization for the last preceding fiscal
year;
(5) The name and address of the person who will be in charge of conducting
the charitable solicitations campaign;
(6) An outline of the method or methods to be used in conducting the
charitable solicitations campaign;
(7) The period within which such charitable solicitations campaign shall
be conducted, including the proposed dates for the beginning and ending
of such campaign;
(8) The total amount of funds proposed to be raised;
(9) The amount of all salaries, wages, fees, commissions, expenses and
costs to be expended or paid to anyone in connection with such campaign,
together with the manner in which such wages, fees, commissions, expenses
and costs are to be expended, and the maximum percentage of funds
collected which are to be used to pay such expenses of solicitation
and collection;
(10) A detailed and complete statement of the funds (if any) collected
by the applicant during the preceding year from solicitations which
were the same or substantially the same as those for which the applicant
is seeking a permit, such statement to show the gross amount collected,
all costs of collection or solicitation and the final distribution
thereof;
(11) A full statement of the character and extent of the charitable, educational,
political, patriotic or philanthropic work done by the applicant within
the city during the last preceding year; and
(12) If the applicant is a charitable corporation or other organization,
proof of its current status as an organization to which contributions
are tax deductible for federal income tax purposes.
(b) A fee as established in appendix
A to this code must be submitted with each application, unless the applicant can prove indigence or inability to pay, in which case arrangements may be made to pay the requisite fee in installments.
(c) The
city administrator shall review the application and when he is satisfied
that such application is complete, he shall issue a permit to an applicant
unless he determines that:
(1) One or more of the statements made in the registration statements
are not true;
(2) The applicant or person in charge of the charitable solicitations
campaign has made, or caused to be made false statements or misrepresentations
to any member of the public with regard to the charitable solicitations
campaign or other activities described in the permit, or has made
or caused to be made false statements or misrepresentations in the
registration statement, or has in any way publicly represented that
the registration granted hereunder is an endorsement or recommendation
of the cause for which the charitable solicitations campaign is being
conducted, or has otherwise violated any of the terms of registration
or this division;
(3) The applicant’s fund-raising expense in any charitable solicitations
campaign conducted by it, during any of the three years immediately
preceding the date of registration, exceeded 25 percent of the gross
amount collected, and the expected fund-raising expense of applicant
in the campaign for which application is made will exceed 25 percent
of the gross amount collected, based upon data concerning prior campaign
of applicant and such other data as may be adduced. If such fund raising
expenses exceed 25 percent, the applicant shall furnish additional
information to justify the need to exceed such expense level; or
(4) Under a prior registration obtained from the city, the applicant
failed to submit the required reports at the end of the solicitations
campaign, or upon investigation of the applicant’s financial
records, the financial report submitted was found to be false.
(1996 Code, sec. 58-83; Ordinance
adopting Code)
Should an applicant have a permit revoked, he may appeal that
action to the city council by submitting a letter to the city administrator’s
office within ten days of the action complained of. A hearing on the
revocation will then be scheduled for the next regular meeting of
the council, or a special meeting of the council, to be held within
15 days of the appeal. The council will render a decision on the appeal
within ten days of the hearing.
(1996 Code, sec. 58-84)
All persons or organizations issued a permit under this division
shall furnish to the city administrator, within 30 days after the
charitable solicitations campaign has been completed, a detailed report
and financial statement showing the amount of funds raised by the
charitable solicitations campaign, 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 campaign;
provided, however, that the city administrator may extend the time
of filing of the report required by this section for an additional
period of 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 administrator,
or to any person designated in writing by the city administrator as
his representative for such purpose, all books, records and papers
whereby the accuracy of the report required by this section may be
investigated.
(1996 Code, sec. 58-85)
The registrant for a charitable solicitations campaign shall
be responsible for the acts of his authorized representatives in connection
with such campaign.
(1996 Code, sec. 58-87)