For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARITABLE. Patriotic, philanthropic, religious, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
CHARITABLE ORGANIZATION.
(1) Any benevolent, philanthropic, patriotic, health, educational, social, recreational, fraternal organization, or any other person or organization having or purporting to have a charitable nature; and
(2) Which solicits and collects contributions for any charitable purpose within the city.
COMPENSATION. Salaries, wages, fees, commissions, or any other remuneration or valuable consideration.
CONTRIBUTION. The donation, promise or grant, for consideration or otherwise, of any money or property of any kind or value in the form of a direct gift or a sale and benefit affair which is wholly or partly induced by a solicitation. Reference to dollar amounts of "contributions" or "solicitations" in this article means in the case of payments or promises to pay for merchandise or rights of any description, the value of the total amount paid or promised to be paid or such merchandise or rights, and not merely that portion of the purchase price to be applied to a charitable purpose. Provided, however, that CONTRIBUTION shall not include donations of money or property or any other consideration to any political campaign on behalf of any candidate for public office or to influence the passage or defeat of a proposition submitted to a popular vote at an election. Nor shall CONTRIBUTION include any commercial activity conducted by any charitable organization unless it involves solicitation for and in the name of any charitable purpose.
COST OF SOLICITATION. All costs, expenditures, debts, obligations, salaries, wages, commissions, fees, or other money or thing of value paid or incurred in making a solicitation for a direct gift or conducting a sale and benefit affair.
DIRECT GIFT. An outright contribution of food, clothing, money, credit, property, financial assistance or other thing of value to be used for a charitable or religious purpose and for which the donor receives no consideration or thing of value in return.
MAYOR. The Mayor or his designee.
PERSON. An individual, organization, group, association, partnership, corporation, or any combination thereof.
PROFESSIONAL FUND RAISER. Any person who, for compensation, conducts, or manages any drive or campaign in this city for the purpose of soliciting contributions for or on behalf of any charitable organization or charitable purpose and who is not a regular employee of that organization. This shall not be construed to include persons whose principal activities are not within the scope of the above definition such as established commercial enterprises (i.e., jewelers, restaurant chains and the like) conducting a limited fund raising activity for the benefit of a charitable organization. Further, this definition shall not be construed to include persons whose activities on behalf of a charitable organization are limited to mailing written requests for donations, provided that donations are not collected by such persons.
SALE AND BENEFIT AFFAIR. Includes, but not be limited to, athletic or sports event, bazaar, benefit, campaign, circus, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, theater, or variety show which the public is requested to patronize or attend, and to which the public is requested to make a contribution, or required to pay to attend or participate for any charitable purpose connected therewith.
SOLICITATION. Any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services, or other thing, in connection with which:
(1) Any appeal is made for any charitable purpose; or
(2) The name of any charitable organization is used as an inducement for making the contribution or consummating the sale; or
(3) Any statement is made which implies that the whole or any part of the contribution or proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. The solicitation shall be deemed completed when made, whether or not the person making it received any contribution or makes any sale.
('74 Code, § 10-9-2) (Ord. 110-1983)