(A) Certificate of registration required and investigation of the applicant. Every person, firm or corporation desiring to engage in soliciting, as herein defined, from persons within residences within the town is hereby required to make written application for a certificate of registration, as hereinafter provided. Such certificate shall be carried by the solicitor at all times. Every person desiring a certificate of registration shall, prior to the issuance of the same, reimburse the town for any and all expenses incurred by it in connection with any investigations conducted by the town of the applicant, as well as all other expenses incurred by the town in connection with the issuance of a certificate of registration. Upon receipt of an application for a certificate of registration, the fiscal officer shall forward it to the Town Marshal who shall conduct an investigation concerning the truth of the facts stated in the application and the character of the applicant. After making an investigation, the Marshal shall, in writing, forward to the fiscal officer of the results of the investigation.
(Prior Code, § 6:2:03)
(B) Exemptions. The provisions of this subchapter, as it applies to a license fee, shall not apply to the following:
(1) Solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made; and
(2) Any religious organization or corporation or association soliciting contributions solely from persons who are members thereof at the time of such solicitation.
(Prior Code, § 6:2:04)
(C) Application for certificate of registration. Application for a certificate of registration to solicit under this subchapter shall be sworn to by or on behalf of the applicant, made to the fiscal officer and shall contain such information as the fiscal officer may prescribe, including the following information, or a statement of the reasons why such information cannot be furnished:
(1) Name, telephone number and address of the organization applying for a certificate of registration, and the name, address and telephone numbers of the person or persons who will actually conduct and be making the door-to-door soliciting;
(2) Names and address of its principal officers;
(3) Such information as may be necessary to describe the character of the organization under whose auspices the solicitation will be conducted. This should include such information as will be necessary to indicate the nature and type of the organization from a corporate, financial, organization and civic standpoint;
(4) The names and addresses of any other organizations or associations with which the applicant may be affiliated;
(5) The purpose for which such solicitation is to be made;
(6) The total amount of funds proposed to be raised;
(7) The use or disposition to be made of any receipts therefrom;
(8) The name, telephone number and address of the person or persons who will be connected with, or in charge of organization, conducting, managing, supervising or promoting the solicitation;
(9) The name of the person or persons by whom the receipts or funds of such solicitation will be handled or disbursed;
(10) A full and complete description of the method or methods to be used in conducting the solicitation;
(11) The time when such solicitations will be made, giving the proposed dates for the beginning and ending of such solicitation and the hours of soliciting;
(12) The total amount of any wages, fees, commissions, expenses, costs or emoluments proposed to be expended or paid to or for all persons in connection with such solicitation; together with the manner in which the same are to be expended or paid, and the names of the several persons who are to be so paid, and the amount to be paid each such person;
(13) A financial statement for the last preceding fiscal year, or any lesser period if not existing that long, showing all funds solicited for any purpose by the organization or persons seeking a license; the statement shall give the amount of money raised, together with the cost of raising it and final distribution of it;
(14) A statement to the effect that if a certificate of registration is granted it will not be used or represented in any way as an endorsement by the town, or by any department or officer thereof; and
(15) If a promoter or business agent is used by the organization and the promoter or business agent is to receive payment or benefit for such services out of the solicitations collected, then such facts must be so stated in the application for a certificate of registration, and a copy of the contract between the organization and the promoter or business agent must be filed along with the application for a certificate of registration.
(Prior Code, § 6:2:05)
(D) Issuance of certificate of registration. Within 15 calendar days of his or her receipt of the application for a certificate of registration, the fiscal officer shall either grant or deny the application for a certificate of registration. A certificate of registration shall be issued by the fiscal officer to the applicant if the fiscal officer finds that all of the following to be true:
(1) The application is complete, and that all of the statements made in the application are true;
(2) All of the proceeds of the solicitations will be used for the charitable purpose stated in the application, except for the costs of raising the funds;
(3) The applicant organization is conducted in an honest, businesslike manner; that it has not engaged in any fraudulent or unlawful transaction; and that neither the charitable organization, nor any of its officers, trustees, directors or principals, have, within the past five years, been convicted of any crime involving solicitations for or on behalf of a charitable organization or charitable purpose, or been convicted of any crime involving misrepresentation, deceit or fraud, or been found in any civil or administrative proceeding to have committed any act of misrepresentation, deceit or fraud;
(4) The applicant will maintain an accepted system of accounting and will maintain accurate records of all funds received and disbursed which will be made available to the fiscal officer;
(5) None of the funds of the applicant are on loan to any of its members, agents or employees; and
(6) The solicitation will not use a charitable appeal for any purpose other than that which it has expressed and that the conduct of the solicitation will not be deceptive or misleading in any way.
(Prior Code, § 6:2:06)
(E) Notice of denial; hearing. If the certificate of registration is denied, written notice thereof shall be sent by the fiscal officer to the applicant by certified mail, which notice shall state the reasons for the denial. The applicant may, within ten days of the mailing of the notice, request a hearing on the denial before the Town Council. The hearing shall be held as soon as possible, but in no case later than 30 days after the receipt of the request for hearing. If no request for hearing is made within the ten-day period, the fiscal officer’s original decision shall be final. On an appeal made pursuant to this section, the Town Council’s review shall be limited only to those items required by divisions (C) and (D) above.
(Prior Code, § 6:2:07)
(F) Suspension or revocation. Certificate of registrations issued under this subchapter may be suspended or revoked by the Town Council pursuant to the notice and hearing procedures set forth in I.C. 36-4-5-5. A certificate of registration shall be revoked or suspended if there is a finding that the person complained of has:
(1) Willfully violated a term or condition of the certificate of registration;
(2) Willfully done or permitted to be done an act in violation of a statute or town ordinance relating to charitable solicitations; or
(3) Been convicted of a crime involving moral turpitude or an intent to defraud.
(Prior Code, § 6:2:08)
(G) Certificate of registration duration and renewal. The term of all certificate of registrations issued under this subchapter shall not exceed three months and may be renewed for an additional term not to exceed three months.
(Prior Code, § 6:2:14)
(Ord. 82-35, passed 2-2-1983; Ord. 82-53, passed 11-2-1983)