For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Solicitations Board.
CHARITABLE. The words patriotic, philanthropic, social, service, welfare, benevolent, educational, civic, humane, eleemosynary or fraternal, either actual or proported.
CHARITABLE ORGANIZATION. A group which is or holds itself out to be a benevolent, educational, philanthropic, humane, patriotic, eleemosynary or fraternal organization or any person who solicits or obtains contributions solicited from the public for charitable purposes.
CONTRIBUTION. The words alms, food, clothing, money, subscriptions, property or donations under the guise of loaning money or property or any promise or grant of any money or property of any kind or value.
DIRECTOR. The Director of Law or City Attorney of the City of Crossville.
PERSON. Any individual, firm, partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.
PROFESSIONAL SOLICITOR. Any person who, for financial or other consideration, solicits contribution for, or on behalf of, a charitable organization, whether a solicitation is performed personally or through his or her agents, servants, or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of a person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. A salaried officer or an employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed a PROFESSIONAL SOLICITOR. However, any salaried officer or employee of a charitable organization that engages in the solicitation of contributions for compensation in any manner for more than one charitable organization shall be deemed a professional solicitor. No attorney, investment counselor or banker who advises any person to make a contribution to a charitable organization shall be deemed, as the result of the advice, to be a PROFESSIONAL SOLICITOR.
PROMOTER. Any person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation.
SOLICIT and SOLICITATION. The request directly or indirectly for money, credit, profit, financial assistance or other thing of value upon the plea or representation that the money, credit, profit, financial assistance or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words shall also mean and include the following methods of securing money, credit, profit, financial assistance or other thing of value on the plea or representation that it will be used for a charitable or religious purpose as herein defined:
(1) Any oral or written request;
(2) The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;
(3) Making of any announcement to the press, or to the radio, by telephone or telegraph concerning an appeal, assembly, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering, which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith; and
(4) The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, where the name of a charitable or religious person is used or referred to in any appeal as an enducement or reason for making any sale, or when or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will go to or will be donated to any charitable or religious purpose. A
SOLICITATION, as defined herein, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this chapter.
(1989 Code,§ 9-301)