The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means and includes the words patriotic, philanthropic, religious,
social service, welfare, benevolent, educational, civic or fraternal,
either actual or purported.
means and includes the words alms, food, clothing, money,
subscription, property or donations under the guise of a loan of money
or property.
means any individual, firm, copartnership, corporation, company,
association, or joint stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustees,
receiver, assignee, agent or other similar representative thereof.
means any person who promotes, manages, supervises or organizes
or attempts to promote, manage, supervise or organize a campaign of
solicitation.
means a request, directly or indirectly, for money, credit,
property, financial assistance, or other thing of value on the plea
of representation that such money, credit, property, financial assistance
or other thing of value will be used for a charitable purpose. 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
purpose:
Any oral or written request.
The distribution, circulation, mailing, posting or publishing
of any handbill, written advertisement or publication.
The sale of, or offer or attempt to sell, any advertisement,
advertising space, book, card, chance, coupon, device, magazine, membership,
merchandising, subscription, ticket or other thing in connection with
which any appeal is made for any charitable purpose, or where the
name of any charitable person or organization 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 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 article.
(Code 1972, § 16-40)
All persons to whom permits have been issued under this article
shall furnish proper credentials to their agents and solicitors for
such charitable solicitations campaign.
(Code 1972, § 16-41)
The recipient of a permit under this article for a charitable
solicitations campaign shall be responsible for the acts of his authorized
representatives in connection with such campaign.
(Code 1972, § 16-42)
(a)
No person
shall solicit contributions for any charitable purpose within the
city, without a permit from the city secretary authorizing such solicitation.
(b)
This
section shall not apply to any charitable solicitation conducted or
sponsored by a recognized local civic club or organization, school
or church, or to any other local nonprofit organization, club or association
approved by the city council.
(Code 1972, § 16-48)
An application for a permit under this division shall be made
to the city secretary. Such application shall be filed with the city
secretary at least five days prior to the time at which the permit
applied for shall become effective; provided, however, that the city
secretary may, for good cause shown, allow the filing of an application
less than five days prior to the effective date of the permit. Such
application shall contain the following information, or in lieu thereof,
a detailed statement of the reason 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 applicant's records.
(3)
The
full name of the person residing in the city who will be in charge
of or endorse the charitable solicitations campaign within the city.
(4)
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.
(5)
A specific
statement, supported by reasons and, if available, figures, showing
the need for the contributions to be solicited.
(6)
The
names and addresses of the persons by whom the receipts of such solicitations
shall be disbursed.
(7)
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.
(8)
An outline
of the methods to be used in conducting the solicitation.
(9)
The
time when such solicitation shall be made, giving the preferred dates
for the beginning and ending of such solicitation.
(10)
The
estimated cost of the solicitation.
(11)
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.
(12)
A
financial statement for the last preceding fiscal year of any funds
collected for charitable purposes by the applicant, such statement
giving the amount of money so raised together with the cost of raising
it, and final distribution thereof.
(13)
A
full statement of the character and extent of the charitable work
being done by the applicant within the city.
(14)
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 or
by any department or officer thereof.
(15)
A
statement to the effect that, if a permit is granted, the solicitation
will be restricted to daylight hours.
(16)
Such
other information as may be reasonably required by the city secretary
in order for him 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.
(Code 1972, § 16-49)
If, while any application for a permit under this division 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 or permittee shall notify
the city secretary in writing of such change, within 24 hours after
the change.
(Code 1972, § 16-50)
A permit applied for under this division shall be issued by
the city secretary, if the applicant has complied with this division
and if the city secretary finds that the proposed solicitation will
be in the interest of, and not inimical to, the public welfare; provided,
however, that no permit shall be issued by the city secretary unless
the organization making the application has a person who resides in
the city who will be either in charge of or endorse the campaign within
the city.
(Code 1972, § 16-51)
Any permit issued under this division shall be personal to the
applicant and shall not be assigned or transferred to any other person.
Any such attempted assignment or transfer shall render the permit
void.
(Code 1972, § 16-52)
Every applicant who is refused a permit under this division
shall have the right to appeal to the city council. Such appeal, if
taken, must be in writing addressed to the city council and filed
with the city secretary within ten days from the date of the refusal.
The city council shall hold an open public hearing on such appeal,
at either a regular or special meeting, after furnishing notice of
such hearing to the applicant. The appeal shall be de novo.
(Code 1972, § 16-53)
