[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[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:
- CHARITABLE ORGANIZATION
- 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.
- CHARITABLE PURPOSE
- 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.
- PROFESSIONAL SOLICITOR
- 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.
- SOLICIT FUNDS and 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:
The name of the person registering and desiring to solicit funds for charitable purposes.
Whether the person registering is an individual, partnership, corporation or association, and:
If an individual, his or her business or residence address and telephone number.
If a partnership, the names of all partners and the principal business address and telephone number of each partner.
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.
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.
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.
The names of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitation.
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.
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.
A description of the methods and means by which the solicitation of funds is to be accomplished.
The total amount of funds proposed to be raised.
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.
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.
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.
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.
An explanation of the reasons, if the person registering is unable to provide any of the foregoing information, why such information is not available.
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:
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.
Willful failure to file any statement required by this article or knowingly making false statements or providing false information in those statements.
Use of any scheme or artifice to defraud or obtain money or property by means of any false statement or representation.
Willfully concealing the identity of an organization on whose behalf solicitations are being made.
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.
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.
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.
Soliciting funds at private residences between 9:00 p.m. and 9:00 a.m.
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.
Soliciting or attempting to solicit after the expiration of any certificate of registration issued by the Township under this article.
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.
Failure to file any closing statement that this article requires.
Failure to carry or display the required identification card.
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.
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.
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:
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.
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.
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.
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.
The solicitation of funds for charitable purposes by any organization or association from its members; and
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.
[Adopted 6-12-1995 by Ord. No. 217]
It shall be a violation of this article for any person to engage in business as a peddler as defined in § 185-12 without first:
As used in this article, the following terms shall have the meanings indicated:
- Any person who goes about from place to place, traveling by foot, wagon, automobile, or other type of conveyance, selling or offering for sale (or soliciting orders for the sale of) any goods, wares or merchandise, or reading materials, or any other commercial product, and said definition includes what are commonly known as hawkers, hucksters, itinerant merchants, or transient vendors of merchandise.
Application for license shall be filed with the Township in the form and manner required by the Township. Such application shall contain the following information:
The name and description of the applicant;
The address (permanent and temporary) of the applicant;
A brief description of the business and the goods to be sold;
The length of time for which a license is desired;
If a vehicle is to be used, a description of the same, together with the license number and other information that may be required;
A photograph of the applicant, taken within 60 days immediately prior to the date of filing such application, which photograph shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguished manner;
A statement as to whether the applicant has ever been convicted of any crime, misdemeanor, or violation of any Township ordinance, and, if so, the full particulars as to the nature of the offense, the court before whom the conviction was had or a plea of guilty entered and the punishment or penalty assessed therefor; and
Driver's license number, social security number, date of birth, sales tax license number.
If the applicant is a corporation, partnership or other business entity which has more than one individual who will be soliciting, it is necessary for each and every individual to fill out an application form and to also sign an acknowledgment that the applicant understands he or she may not engage in business as a peddler without having been requested or invited by the owner or occupant of the private residence and an acknowledgment that he or she must show the license to the owner or occupant of the premises prior to soliciting for any sales or orders.
The Township Clerk shall forward such application to the Chief of Police, who shall cause an investigation to be made of the applicant's character and business responsibility. After such investigation, the Chief of Police shall endorse such application with approval or disapproval and forward the application to the Township Clerk. If the results of the aforesaid investigation indicate that the moral character and business responsibility of the application justify the granting of such license and upon payment of the license fee, the Township Clerk shall issue to the applicant a peddler's license.
Any license issued under this article does not permit the license holder to peddle or solicit during the Azalea Festival or any other special events as designated by the Township Board.
The license fees for licenses to be issued under this article shall be as established by action of the Township Board, and a schedule thereof shall be available at the Township.
No peddler shall have any exclusive right to any location in the public streets or other public places nor shall be permitted a stationary location.
It shall be unlawful for any licensee, or any person in his behalf, to shout, cry, blow a horn, ring a bell, or use any sound device, including loud speakers or sound amplifiers, upon any of the streets, alleys, parks or other public places of the Township, or upon any private premises, for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.
A license may be denied any applicant and any license may be revoked by the Township Clerk for any of the following causes:
Fraud, misrepresentation or false statement contained in the application;
Fraud, misrepresentation or false statement made when engaging in business as a peddler;
Any violation of this article or any other ordinance of the Township;
Conviction of any crime or misdemeanor involving moral turpitude;
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public;
Peddling or soliciting at any residence without first being invited by the owner or occupant to peddle at said residence;
Failure to display the license to the owner or occupant upon arrival to the residence.
Whenever the Township Clerk shall deny or revoke any license, a notice specifying the cause of such denial or revocation shall be given to the applicant or licensee.
Any person deeming himself aggrieved by the Township Clerk in the imposition, denial, or revocation of a license may, within 10 days, file a written request for a hearing with the Township Clerk. The Township Board shall set a time and place for a hearing and notice thereof shall be given to the appellant. Upon such hearing, the Township Board shall determine whether the license should be continued to be imposed, denied or revoked and such determination shall be final and conclusive.
It shall be the duty of any police officer to require any person whom he may observe engaged in the business of peddling to exhibit his license, and to otherwise enforce the provisions of this article. A peddler shall display his/her license to the owner or occupant prior to attempting to solicit or peddle their merchandise or seeking orders for their merchandise.
In addition, it shall be unlawful for any person to refuse to exhibit his license, upon request of any private citizen or police officer.
The Township Clerk shall maintain a record of each license issued hereunder and shall indicate therein all reports of violation.