(A) Any person required to obtain a certificate of registration pursuant to § 116.02(A) of this chapter shall submit a sworn written registration statement to the Administrator, as well as a law enforcement records check authorization. All registration statements shall be on forms provided by the Administrator and they shall contain the following information:
(1) The full legal name of the person registering to solicit contributions for charitable purposes;
(2) Whether the person registering is an individual, partnership, corporation or association, and:
(a) If an individual, such person’s business and residential address, business and residential telephone number, date of birth and Social Security number;
(b) If a partnership, the business address and telephone number of the partnership and the full legal names of all partners, their principal business and residential addresses, business and residential telephone numbers, date of birth and Social Security numbers;
(c) If a corporation, the state of incorporation, the mailing address, principal business location, Social Security number, residential address and telephone number and full legal name of the individual with overall operating responsibility of the local office of the corporation, the names of all officers and directors or trustees of the corporation and the tax identification or employer identification number, if any, of the corporation, and a copy of the articles of incorporation; and
(d) If an association, the association’s principal business address and telephone number, if any, and the full legal names and principal business and residential addresses, telephone numbers, Social Security numbers, and date of birth of all members of the association. If there are more than ten members of the association, however, the person registering may alternatively list the full legal names, principal business and residential addresses, telephone numbers, Social Security numbers, and date of birth of the officers and directors of trustees of the association. If the association is part of a multi-state organization or association, the mailing address and street location of its principal headquarters shall be given, in addition to the mailing address and business location of its local office.
(3) The charitable or civic purpose of the solicitation, the amount or value of contributions intended to be raised for such purposes, and an estimate of approximate expenses that will be incurred in connection with the solicitation, including any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitation;
(4) The full legal names, residential addresses, Social Security numbers and date of birth of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitation;
(5) The full legal name, business and residential address, telephone number, Social Security number and date of birth of each person, up to five individuals, who will have organizational responsibility with respect to the solicitation of contributions. If any such person is a professional solicitor or fundraising consultant, however, that person will be so identified by registrant and for each professional solicitor or fund raising consultant, the registrant shall provide either the information required by § 116.03(A)(2) or the certificate of registration number, for the professional solicitor or fundraising consultant;
(6) The time period within which the solicitation of contributions is to be made, giving the date of the beginning of solicitation and its projected conclusion;
(7) The dates and times of proposed solicitations, and the highways and the adjoining intersections thereof where solicitations are to be conducted for the next year following the date of the application. Only one person or group of persons shall be allowed to solicit charitable contributions on the highways and adjoining intersections thereof at any given time;
(8) The registrant shall list the five most populous cities in which it has solicited contributions during the previous five years;
(9) Evidence that the registrant has third-party liability insurance with a single limit of no less than $500,000 which insurance covers the activities of all of the registrant’s officers, agents, employees, volunteers and contractors;
(10) A statement to the effect that the granting of a certificate of registration by the city will not be used as or represented to be an endorsement by the city or any of its officers or employees;
(11) As to each, if any, officer, director, trustee, partner or any current agent or employee engaging in the solicitation of contributions who, within the past five years has been convicted of a felony or misdemeanor involving moral turpitude, shall provide the full legal name, Social Security number, and date of birth of the individual, the nature of the offense, the state where the conviction occurred, and the year of the conviction;
(12) If the registrant is unable to provide any of the foregoing information, the registrant shall set forth an explanation of the reasons why such information is not available; and
(13) Each registration statement shall be signed by an individual on behalf of the person registering. If the person registering is an individual, then such individual shall sign the registration statement. If the registrant is a partnership, then the managing partner or the partner charged with disbursing the contributions solicited shall sign. If the registrant is a corporation or an association, then its chief executive officer or the officer charged with disbursing the contributions solicited shall sign. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that the individual has read the registration statement and that all the information contained therein is true and correct to the best of the individual’s knowledge.
(B) Compliance with the registration statement requirements of § 116.03(A) hereof may be met by filing with the Director a complete and accurate copy of the disclosure requirement statement prepared and filed with the Kentucky Attorney General pursuant to KRS 367.650 through 367.670 et seq., and specifically with KRS 367.668. Said copy of the disclosure statement filed with the Kentucky Attorney General shall be re-executed by the appropriate officer(s) of the soliciting entity, under oath, within 90 days prior to the date upon which said copy is filed with the Director.
(C) The disclosure statement shall be accompanied by the Internal Revenue Service Form 990 most recently filed by the soliciting entity, and each succeeding Form 990 shall, by copy, be filed with the Director so long as the soliciting entity shall continue making charitable solicitations within the city. Such filing will satisfy all periodic reporting requirements under this chapter.
(D) Unless the applicant is exempt from paying fees under § 116.02(C), every registration statement shall be accompanied by a $50 registration and processing fee, which fee is non-refundable.
(Ord. 13-2005, passed 11-7-2005)