(A) The Board shall issue the permit provided for in § 9-305 hereof whenever it shall find the following facts to exist:
(1) All of the statements made in the application are true;
(2) The applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity;
(3) The control and supervision of the solicitation will be under responsible and reliable persons;
(4) The applicant has not engaged in a fraudulent transaction or enterprise;
(5) The solicitation will not be a fraud on the public;
(6) The solicitation is prompted solely by a desire to finance the charitable cause described in the application and will not be conducted primarily for private profit; and
(7) The cost of raising the funds will be reasonable, and that all supplemental costs will be kept at a minimum. In no case shall a permit be granted unless a minimum of 75% of all monies collected goes directly to the charitable purpose for which the campaign is intended; provided, however, that in the case of special event benefits where performers are used, the Board, in its discretion, may grant a permit where 50% of all monies collected go to the charitable purpose for which the campaign is intended; provided, the ratios of expenses to gross revenues herein set forth shall be waived by the Board where special facts and circumstances are presented showing that a higher cost is not unreasonable.
(8) Nothing herein shall prohibit the solicitation by telephone for or on behalf of the applicant provided that the applicant states in his or her application the time during which solicitation will be made by telephone and the number of people being utilized in telephone solicitation and the amount of money paid the telephone solicitors. The Board shall file in its office for public inspection, and shall serve upon the applicant by registered mail a written statement of the Board findings of fact and its decision upon each application.
(9) No person shall be granted a solicitations permit which has not qualified as a non-profit tax- exempt person or organization under § 501(c)(3) of the Internal Revenue Code and/or similar subsequently enacted federal internal revenue law, or fails or refuses to file any report required by this chapter.
(1989 Code, § 9-308)