For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The person holding the position of Mayor, or his or her designee, or any successor department or agency thereof.
CHARITABLE OR CIVIC ORGANIZATION. Any person determined by the Internal Revenue Service or the Kentucky Department of Revenue to be a tax-exempt organization; or a person or organization defined under KRS 367.650(2).
CHARITABLE OR CIVIC PURPOSE. Any purpose or activity which holds itself out to be benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary or fraternal or to be established for a social welfare or advocacy, public health, environmental conservation, or civic purpose, or is designed to serve the welfare of society generally or any class or group to which society is morally obligated or a specific community or to preserve or improve the culture thereof or environment enjoyed thereby; or as may otherwise be defined under applicable federal or state statutes or revenue rulings of the Internal Revenue Service or Kentucky Department of Revenue.
CITY GOVERNMENT. City of LaGrange.
CONTRIBUTION. Any grant, promise or pledge of money, credit, property, financial assistance or other thing of any kind or value in response to a solicitation for a charitable or civic purpose. It does not include: bona fide fees, dues or assessments paid by members, if that membership is not conferred solely as consideration for making a contribution in response to a solicitation; or money, property or compensated services received from any governmental authority.
FUNDRAISING CONSULTANT. Any person, who, for compensation, plans, manages, advises, consults or develops material for or with respect to the solicitation for any charitable organization. A FUNDRAISING CONSULTANT shall not, at any time, have custody of contributions from a solicitation or solicit contributions, directly or indirectly. If a fundraising consultant’s fee is related to the amount of contributions received from a solicitation in which he or she took part, the consultant is considered a professional solicitor. A FUNDRAISING CONSULTANT shall not employ, procure or otherwise engage any compensated person to solicit contributions. A bona fide salaried officer, employee or volunteer of a charitable organization shall not be deemed to be a FUNDRAISING CONSULTANT, unless he or she is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.
HIGHWAY. Any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them, including private residential roads and parking lots covered by an agreement under KRS 61.362; and off-street parking facilities offered for public use, whether publicly or privately owned, except for-hire parking facilities listed in KRS 189.700.
PERSON. Any individual, corporation, trust, partnership, organization, foundation, society or other legal entity.
PROFESSIONAL SOLICITOR.
(1) A person who for compensation or other financial consideration solicits contributions in this city directly or indirectly, for or on behalf of a charitable organization. A person qualifies as a professional solicitor if he or she is hired on a fee, commission or percentage basis and the work is performed by him or her, or his or her agents, or the employees or volunteers of the benefitting charitable organization under the direction, supervision or instruction of the solicitor. A PROFESSIONAL SOLICITOR conducts or supervises specific fundraising activities or events in which gifts are solicited, received and deposited by the professional solicitor or his or her agents, expenses are paid, and net proceeds delivered to the charitable organization. A bona fide salaried officer, employee or volunteer of a charitable organization shall not be deemed to be a PROFESSIONAL SOLICITOR, unless he or she is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.
(2) Any person, professional solicitor, fundraising consultant or telemarketer who acts as a subcontractor or agent or employee for or on behalf of any person, professional solicitor or fundraising consultant to solicit contributions in the city directly or indirectly for or on behalf of any charitable or civic organization, for purposes of this chapter shall be considered as a professional solicitor and shall comply with all provisions of this chapter.
RELIGIOUS ORGANIZATION. Any organization the activity of which is protected by § 1(2) of the Kentucky Constitution and the First Amendment of the Constitution of the United States.
RESIDENT AGENT. A person who resides within Oldham County, Kentucky or a Kentucky county, which borders Oldham County, Kentucky.
SOLICIT and SOLICITATION. Engaging in or requesting, directly or indirectly, that an addressed person or limited audience or the public generally make a contribution or contributions. SOLICITATION shall be deemed to have taken place when the request is made, whether or not the requested contribution is made.
SOLICITOR. A natural person who, by personal contact, transmits an oral communication or writing, which identifies that person, requests a specific person to make a contribution for charitable or civic purposes.
(Ord. 13-2005, passed 11-7-2005)