As used in this chapter, the following terms
shall have the meanings indicated:
CHARITABLE, BENEVOLENT OR PATRIOTIC PURPOSE
Includes, but shall not be limited to, the purpose of ministering
to the material or spiritual needs of human beings in the United States
or elsewhere, or of relieving the suffering of animals, or of inculcating
patriotism.
DONATIONS
Includes money, goods, wares, merchandise or any other thing
of value and contributions or financial assistance of any kind, whether
given as a gift or in exchange for any thing or object, entertainment,
exhibition or other inducement to such donation.
PERSON
Includes organization, society, association or corporation
as well as the officers, employees, agents, representatives and solicitors
thereof.
PUBLICLY SOLICIT
Includes solicitation upon the streets, in any public places,
by telephone or house-to-house or office-to-office canvassing.
SUBSCRIPTIONS
Includes promises to pay any sum of money or to deliver any
goods, wares, merchandise or other thing of value, or to render financial
assistance of any kind, whether as a gift or in exchange for any thing
or object, entertainment, exhibition or other inducement to such subscription.
This chapter and its regulations shall not apply
to any solicitation of funds conducted by any religious or fraternal
organization among its own members or to any solicitation of funds
conducted by any charitable, religious or fraternal organization approved
by the Council by resolution.
No person shall publicly solicit donations or
subscriptions for any charitable, benevolent or patriotic purpose
in the city without having a permit therefor issued by the Chief of
Police as hereinafter provided.
Every applicant for a permit shall furnish to
the Chief of Police the following information:
A. The name and residence address of the applicant.
B. The names and addresses of all the officers and directors
of the organization, society, association or corporation for which
the applicant is authorized to solicit the donations or subscriptions.
C. The name and purpose of the cause for which the permit
is sought and the method in which and the place where the funds or
property received as donations or subscriptions are to be used or
expended.
D. The time for which permission is sought and the localities
and places of solicitation.
E. Whether or not any commissions, fees, wages or emoluments
are to be expended in connection with such solicitation.
F. Such other pertinent information as the Chief of Police
may require.
No person shall receive or be issued a permit
under this chapter to publicly solicit donations or subscriptions
for charitable, benevolent or patriotic purposes unless, from the
information submitted to the Chief of Police, he shall be of the opinion
that:
A. The organization, society, association or corporation
for which the donations or subscriptions are sought is comprised of
and controlled by responsible persons who hold regular meetings and
who are directly responsible for the finances and policy thereof.
B. Accurate records of receipts and disbursements of
funds are kept.
C. Such donations or subscriptions are for truly benevolent,
charitable or patriotic purposes, and the funds or property received
as donations or subscriptions are to be used or expended for such
purposes.
D. No excessive commissions, fees, wages or emoluments
are paid to solicitors.
Each authorized solicitor shall receive from
the Chief of Police a permit signed by the Chief and shall bear such
identification of the solicitor to whom the permit is issued as the
Chief shall deem necessary or proper. Such person shall carry the
permit at all times when soliciting donations or contributions. He
shall show such permit upon demand of any peace officer or of any
person from whom a donation or subscription is solicited. Failure
to show the permit upon demand shall be deemed a violation of this
chapter.
Any person who shall solicit under any permit
issued to him as a solicitor of any organization, society, association
or corporation of which such person is not at the time of such solicitation
a duly authorized solicitor, or any person who shall solicit under
a permit not issued to him, shall be deemed guilty of violating this
chapter.
[Amended 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.