For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARITABLE. Means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
CONTRIBUTIONS. Means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.
DIRECTOR. The Director of Public Works or the official discharging the duties of the Director of Public Works.
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.
PROMOTER. Any person who promotes, manages, supervises or organizes, or attempts to promote, manage, supervise or organize, a campaign of solicitation.
RELIGIOUS or RELIGION. Shall not mean and include the word “charitable” as herein defined, but shall be given their commonly accepted definitions.
SOLICIT or SOLICITATION.
(1) The request, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter.
(2) These words shall also mean and include the following methods of securing money, credit, property, 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:
(a) Any oral or written request;
(b) The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;
(c) The making of any announcement to the press, over the radio, by telephone or by telegraph concerning an appeal, assemblage, 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; or
(d) The sale of, offer of, or attempt to sell any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose.
(3) SOLICITATION 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 section.
(Prior Code, § S-2-1.1)
Statutory reference:
Related provisions, see SDCL §§ 9-34-1, 9-34-8 and 9-34-18