[Adopted 4-25-1994 by Ord. No. 204]
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:
An organization or person which is or holds itself out to
be a benevolent, educational, voluntary health, philanthropic, humane,
or religious organization that solicits funds for charitable purposes.
Benevolent, philanthropic, educational, religious, humane,
voluntary health, or other nonprofit objectives, including the benefit
of poor, needy, sick, refugee or handicapped persons; the benefit
of any church or religious society, sect, group, or order; the benefit
of any fraternal, social or civil organization; or the benefit of
any educational institution. The term "charitable purpose" shall not
be construed to include the direct benefit of the individual making
the solicitation, or be construed to include the benefit of any political
group or political organization that is subject to financial disclosure
under state or federal law.
Only a natural person.
Any individual, organization, corporation, partnership, association
or other legal entity.
Any person who is compensated for his solicitation of funds
for charitable purposes in any manner whatsoever that is based on
or related to the amount of money or property collected as a result
of his solicitation of funds.
Any request within the Township for the donation of money,
property or anything of value; the pledge of a future donation of
money, property or anything of value; or the selling or offering for
sale of any property, real or personal, tangible or intangible, whether
of value or not, including but not limited to goods, books, pamphlets,
tickets, publications, subscriptions or brochures upon the representation,
express or implied, that the proceeds of such sale will be used for
a charitable purpose. Expressly excluded from the meaning of the terms
"solicit funds" and "solicitation of funds" is any offer of membership
in any charitable organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located
within the corporate limits of the Township.
All persons desiring to solicit funds for charitable
purposes in the Township shall file with the Clerk a registration
statement, on forms provided by the Clerk, containing the following:
A.
The name of the person registering and desiring to
solicit funds for charitable purposes.
B.
Whether the person registering is an individual, partnership,
corporation or association, and:
(1)
If an individual, his or her business or residence
address and telephone number.
(2)
If a partnership, the names of all partners and the
principal business address and telephone number of each partner.
(3)
If a corporation, whether it is organized under the
laws of Michigan or is a foreign corporation, the mailing address,
business location, telephone number, and name of the individual in
charge of the Michigan office of the corporation, the names of all
officers and directors or trustees of the corporation, and, if a foreign
corporation, the place of incorporation. The name and address of the
resident agent must also be provided.
(4)
If an association, or other organization, the association's
or organization's principal business address and telephone number,
if any, and the names and principal business or residence addresses
and telephone numbers of all members of the association or organization.
However, if there are more than 10 members, the person registering
may alternatively list the names and principal business or residence
addresses and telephone numbers of the officers and directors or trustees
of the association or organization. If the association or organization
is part of a multistate organization or association, the mailing address
and business location of its principal headquarters shall be given,
in addition to the mailing address and business location of its local
office.
C.
A brief description of the charitable purpose for
which the funds are to be solicited, and an explanation of the intended
use of the funds toward that purpose.
D.
The names of all individuals authorized to incur expenses
related to the solicitation or to disburse any proceeds of the solicitation.
E.
The name, mailing address and telephone number of
each individual who will have organizational responsibility with respect
to the solicitation of funds. If there are more than 20 such individuals,
the person registering may alternatively list the 20 individuals with
the principal organizational responsibility with respect to the solicitation
of funds.
F.
The time period within which the solicitation of funds
is to be made, giving the date of the beginning of solicitation and
its projected conclusion.
G.
A description of the methods and means by which the
solicitation of funds is to be accomplished.
H.
The total amount of funds proposed to be raised.
I.
A projected schedule of salaries, wages, fees, commissions,
expenses and costs that the person registering reasonably believes
will be expended and paid in connection with the solicitation of funds
or in connection with the disbursement, and an estimated percentage
of the total projected collections which the costs of solicitation
will comprise. These figures shall cover the entire time period during
which the solicitation is to be made.
J.
The names of any cities in Michigan in which the person
registering has solicited funds for charitable purposes within the
past five years, but in the event that the person registering has
solicited funds for charitable purposes in more than five other cities,
the person registering may list the five most populated cities in
which it has solicited funds during the previous five years.
K.
A statement to the effect that if a certificate of
registration is granted, such certificate will not be used as or represented
to be an endorsement by the Township or any of its officers or employees.
L.
As to each, if any, officer, director, trustee, partner,
or any current agent or employee engaging in the solicitation of funds
who within the past seven years has been convicted of (or been incarcerated
for any conviction of) a felony or a misdemeanor involving moral turpitude,
the name of the individual, the nature of the offense, the name of
the state where the conviction occurred, and the year of the conviction.
M.
An explanation of the reasons, if the person registering
is unable to provide any of the foregoing information, why such information
is not available.
N.
The signature of an individual on behalf of the person registering. If the person registering is an individual, this is the applicant. If the person registering is a partnership, this is the partner charged with disbursing the funds solicited. If the person registering is a corporation or an association or organization, this is its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that he or she has carefully read the registration statement and that all the information contained therein is true and correct and that upon completion of the solicitation by the person, that the disclosure of the information required by § 185-7 shall be submitted to the Township in a timely manner.
No charitable organization subject to the provisions
of this article, and no agent, employee, or officer or member or individual
of any such organization, shall engage in any of the following prohibited
acts:
A.
Willful use of any solicited funds or soliciting or
retaining funds to support or execute any conduct that is criminal
or illegal under the laws of the Township, the county, the state,
or the United States.
B.
Willful failure to file any statement required by
this article or knowingly making false statements or providing false
information in those statements.
C.
Use of any scheme or artifice to defraud or obtain
money or property by means of any false statement or representation.
D.
Willfully concealing the identity of an organization
on whose behalf solicitations are being made.
E.
Knowingly misrepresenting that the proceeds of any
solicitation of funds, under current law, would entitle the donor
to a federal or state income tax deduction.
F.
Promising any person that the proceeds of a solicitation
of funds will be refunded upon request, and thereafter willfully failing
within 60 days to make a refund that has been requested in writing.
G.
Promising any person that refunds of the proceeds
of any solicitation of funds will be made upon request without providing
such person, at the time such representation is made, with a written
statement of the terms and conditions upon which refunds are made;
provided, however, that any statement made in good faith at the time
is not prohibited by this section.
H.
Soliciting funds at private residences between 9:00
p.m. and 9:00 a.m.
I.
Solicitation of funds by any person on behalf of a
charitable organization which has failed to obtain a certificate of
registration pursuant to this article.
J.
Soliciting or attempting to solicit after the expiration
of any certificate of registration issued by the Township under this
article.
K.
Soliciting or attempting to solicit at any premises
(including a residence) which has posted upon or near the main entrance
to the premises a sign or card that reads "No Solicitors Allowed,"
or similar language to the same effect.
L.
Failure to file any closing statement that this article
requires.
M.
Failure to carry or display the required identification
card.
[Amended 7-22-2002]
Every registration statement shall be accompanied
by a registration fee as set from time to time by the Township Board
to compensate the Township for the cost of administering this article.
Such fee will be nonrefundable, irrespective of whether a certificate
of registration is issued.
Within 10 working days of the receipt of the registration statement, the Clerk shall either issue a certificate of registration, as provided in § 185-6, or notify the person registering that the registration statement does not comply with the requirements of § 185-2, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.
The Clerk shall prescribe the form of the certificate
of registration. However, each such certificate of registration shall
contain the following: "The issuance of this certificate of registration
is not an endorsement by the Township of Grosse Ile or any of its
departments, officers or employees." Each certificate of registration
shall bear a registration number, and the same number shall be assigned
by the Clerk to the file containing the registration statement filed
by the registrant. Each person or individual who solicits must carry
an identification card provided by the Clerk which shall bear the
name of the person who registered, the registration number, the name
of the individual carrying the card as solicitor, and the expiration
date of the certificate of registration. The card must be shown upon
demand of any property owner or the Police Department. The person
shall provide a separate list of the names and addresses of all agents
or employees for whom identification cards are desired. The Township
shall issue up to five identification cards without any additional
charge. The registrant may obtain additional cards by paying the Township
its actual cost.
A.
Each certificate of registration issued by the Clerk
shall expire at the termination of the solicitation period specified
in the registration statement or one year from the date of issuance,
whichever is less.
B.
Closing statement.
(1)
No later than 120 days from the expiration of its
certificate of registration, each person registering shall file a
closing statement with the Clerk. Except as provided to the contrary
in this section, the closing statement shall be a financial statement
that is either:
(2)
The closing statement shall indicate the total funds
collected or pledged from the solicitation of funds, the purpose or
purposes (with the amount of funds for each purpose) for which such
funds have been or will be disbursed by the person registering, any
incurred but unpaid expenses resulting from the solicitation of funds,
all other anticipated disbursements of collected or pledged funds,
the actual or projected date of each disbursement, and, if funds have
been or will be kept by the person registering for over 30 days before
disbursement, the name of the financial institution, if any, with
which such funds have been or will be deposited. The requirement to
show the total funds represented by any food that has been collected
or pledged may be satisfied either by estimating the monetary value
of the food to the nearest $100 or by providing the weight of the
food in the manner required by the Clerk.
C.
Each person registering shall file a preliminary closing
statement no later than 30 days from the expiration of its certificate
of registration. The preliminary closing statement shall be filed
with the Clerk on forms provided for this purpose. It shall be a financial
statement containing the same information as listed on the preceding
subsection of this section, except that it need not be sworn to or
audited by a certified public accountant and that any amounts stated
thereon may be estimated based upon whatever information is reasonably
available to the person registering at the time the preliminary closing
statement is filed.
D.
Any requirement in this section to submit a financial
statement may alternatively be satisfied by the submission of an information
return covering the entire time period during which the solicitation
of funds was conducted and actually filed with the United States Internal
Revenue Service to fulfill federal requirements for submission of
information returns for persons exempt from taxes in accordance with
26 USCA § 501 or any successor provision.
E.
Failure to file the necessary information contained
above will prohibit the Township from issuing a certificate of registration
in the future to the person who has failed to comply with this section.
All registration statements and closing statements
filed with the Clerk, whether or not a certificate of registration
has been issued, shall be public records and shall be available for
inspection by members of the public during the Clerk's regular business
hours. Copies may be obtained at the fees prescribed by law for copies
of Township records.
A.
The solicitation of funds for charitable purposes
by any organization or association from its members; and
B.
The solicitation of funds for charitable purposes
by a person when such solicitation occurs on premises owned or controlled
by the person soliciting funds or with the permission of the person
who owns or controls the premises.
