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LaGrange, KY Code of Ordinances
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§ 116.04 ISSUANCE OF CERTIFICATES OF REGISTRATION; STANDARDS FOR GRANTING OR DENYING A REGISTRATION; NOTICE OF HEARING.
   (A)   Within ten working days of the receipt of the registration statement, the Administrator shall either issue a certificate of registration or notify the registrant that the registration statement does not comply with requirements of § 116.03(A) and specifically identify what information or explanation has not been furnished.
   (B)   Within five working days of the receipt of written information or explanation not previously furnished by the registrant, the Administrator shall issue the certificate of registration, unless the Administrator determines:
      (1)   Any statement made in the application is untrue, false, misleading, incomplete or factually incorrect; and/or
      (2)   The applicant or the principal officers of the organization submitting the application have been previously convicted of violating the provisions of this chapter, or convicted of violating similar statutes or ordinances enacted by other jurisdictions to regulate the conduct of charitable solicitations, or convicted of any crime involving fraud or theft by deception in the last five years.
   (C)   In the event that the Administrator makes an affirmative finding as to divisions(B)(1) and/or (B)(2) of this section, the Administrator shall give written notice to the applicant by certified mail, which notice states the deficiency found in applicant’s registration statement, and that the registration is denied.
   (D)   In the event that a registration is denied for any reason, the applicant may request a hearing before the Administrator or his or her designee by filing with the Administrator within five working days of receipt of the Administrator’s denial a written request that the Administrator reconsider the denial. The request shall set forth with specificity the reasons for the request. The Administrator shall conduct a hearing within 15 working days of the date of receipt of the applicant’s request, unless the applicant requests an extension and agrees, in writing, not to conduct any solicitation activity during the period prior to the hearing. The applicant may be present in person or by representative and shall be entitled to legal counsel. Additionally, the applicant shall be entitled to introduce evidence on his or her behalf and correct any identified errors or omissions in the registration statement. The Administrator shall issue a decision within ten working days after the hearing.
   (E)   In the event the Administrator issues a decision adverse to the applicant, the applicant may appeal to the Oldham Circuit Court within 30 days after the Administrator’s denial.
   (F)   During the pendency of any certificate of registration issued pursuant to this chapter, the registrant shall advise the Administrator within five working days of any supplemental information required on the registration statement. The registrant shall also notify the Administrator within five working days of any changes in the information provided by the registrant on the registration statement, which occur during the effective period of the certificate of registration.
   (G)   A certificate of registration issued by the Administrator to any person or organization is non-transferable and shall bear the name and address of the person or organization conducting the solicitation, the number of the certificate of registration, the date of issuance, the effective dates of the certificate of registration, and the methods of solicitation the registrant has proposed to use for all solicitations conducted pursuant to such certificate. Each such certificate shall have prominently printed thereon the following: “The issuance of this certificate of registration is not an endorsement by the City Government or any of its departments, officers, or employees.” No certificate of registration shall be valid for a period beyond December 31 of the calendar year in which it was issued.
   (H)   A certificate of registration for a registrant may be renewed annually upon payment of a $50 renewal fee. Registrants exempt under § 116.02(C) shall not be required to submit a payment. At the time of the renewal, the registrant shall update its registration statement by providing current and accurate information with respect to all items initially required to be on the registration statement as delineated in the provisions of § 116.03.
(Ord. 13-2005, passed 11-7-2005)
§ 116.05 CLOSING STATEMENT TO BE FILED ON EXPIRATION OF CERTIFICATE REGISTRATION.
   (A)   No later than 90 days after the expiration of the certificate of registration, each registrant shall file a closing statement with the Administrator. Except as provided to the contrary herein, the closing statement shall be a financial statement that is either:
      (1)   On a form provided by the Administrator for this purpose and sworn to before a notary public by the individual who signed the registration statement on behalf of the registrant; or
      (2)   Audited by a certified public accountant.
   (B)   Whether submitted on the form provided by the Administrator or audited by a certified public accountant, the closing statement shall indicate the total contributions collected or pledged from the solicitation, the purpose or purposes for which such contributions have been or will be disbursed by the registrant, all costs incurred in and related to the solicitation showing the date and payee of each expenditure, any incurred but unpaid expenses and any other anticipated disbursements of collected or pledged contributions showing the actual or projected date of each disbursement. If funds have been or will be kept by the registrant for over 30 days before disbursement for any purpose, the name of the financial institution, if any, with which such funds have been or will be deposited and the account numbers, the requirement to show the total contributions represented by any food or tangible property, other than money, that has been collected or pledged may be satisfied by estimating the monetary value of the food or other tangible property to the nearest multiple of $100.
   (C)   All registration statements and closing statements filed with the Administrator shall be public records and shall be available to the public in conformity with the Kentucky Open Records Act, KRS 61.870 et seq.
   (D)   The Administrator shall compile all closing financial statements from all registrants registered pursuant to this chapter into booklet form to be made available to the general public. The Administrator shall update this information at least every six months.
(Ord. 13-2005, passed 11-7-2005)
§ 116.06 PROFESSIONAL SOLICITORS AND FUNDRAISING CONSULTANTS.
   (A)   Before engaging in the business of a professional solicitor or fundraising consultant in the city, any person who intends to act as a professional solicitor or fundraising consultant shall first comply with all applicable provisions of the KRS 367.650 through 367.669, and shall register with the Administrator by providing the following information:
      (1)   A photocopy of the letter of compliance from the Attorney General of Kentucky with the assigned registration number indicated thereon;
      (2)   A registration form provided by the Administrator completed pursuant to and consistent with applicable state law, and which contains provision for the disclosure of any person, professional solicitor, fundraising consultant or telemarketer with whom the registrant may or has subcontracted or engaged in any manner directly or indirectly to solicit any charitable contributions; and
      (3)   Proof of registration with the city if required to do so by law.
   (B)   Every registration statement shall be accompanied by a fee of $200 for a professional solicitor, and a fee of $100 for a fundraising consultant. Such fee will be non-refundable.
   (C)   Within ten working days of the receipt of the registration statement, the Administrator shall either issue a certificate of registration upon compliance of all requirements contained in division (A) of this section, or, notify the registrant that the registration statement does not comply with this chapter, and specifically identify what information has not been furnished that is required before a certificate of registration can be issued. Within five working days of receipt of the information requested, but previously not furnished by the registrant, the Administrator shall issue the certificate of registration provided all requirements of this chapter have been met. In the event these requirements are not satisfied, the Administrator shall give written notice to the registrant by certified mail, which notice states the deficiency found in the registrant’s information, and that the registration has been denied. In the event the registration is denied, the registrant may request a hearing before the Administrator or his or her designee by filing with the Administrator within five working days of receipt of the Administrator’s denial a written request that the Administrator reconsider the denial. The request shall specifically set forth the reasons for the request. The Administrator shall conduct a hearing within 15 working days of the date of receipt of the applicant’s request, unless the applicant requests an extension and agrees, in writing, not to conduct any solicitation activity during the period prior to the hearing. The applicant may be present in person or by representative and shall be entitled to legal counsel. Additionally, the applicant shall be entitled to introduce evidence on his or her behalf and correct any identified errors or omissions in the registration statement. The Administrator shall issue a decision within ten working days after the hearing. In the event the Administrator issues a decision adverse to the registrant, the registrant may appeal to the Oldham Circuit Court within 30 days after the Administrator’s denial.
   (D)   A certificate of registration issued by the Administrator to any person or organization is non-transferable and shall bear the name and address of the person or organization registering as a professional solicitor or fundraising consultant, and the termination date of the certificate of registration shall be December 31 of the year in which it was issued. Each such certificate shall have properly printed thereon the following: “The issuance of this certificate of registration is not an endorsement by the City of La Grange or any of its departments, officers or employees.”
   (E)   A certificate of registration for a professional solicitor or a fundraising consultant may be renewed annually upon payment of a $200 renewal fee for a professional solicitor or a $100 renewal fee for a fundraising consultant. At the time of the renewal, the professional solicitor or fundraising consultant shall update its registration statement by providing current and accurate information with respect to all items initially required to be on the registration statement by divisions (A) and (C) of this section.
(Ord. 13-2005, passed 11-7-2005)
§ 116.07 IDENTIFICATION OF REGISTRANT AND CHARITABLE PURPOSE.
   (A)   All persons, professional solicitors and fundraising consultants shall exhibit evidence of their certificate of registration at the site of solicitation. The charity for which the proceeds of the public solicitation will be used shall be legibly posted on any receptacle used for such purpose at the site of solicitation.
   (B)   Solicitations, which are conducted on a highway, shall conform to all of the provisions of § 116.09(O).
(Ord. 13-2005, passed 11-7-2005)
§ 116.08 REVOCATION, SUSPENSION OR REFUSAL TO RENEW ANY REGISTRATION; NOTICE OF HEARING.
   (A)   The Administrator shall require such person to show cause why his or her registration should not be suspended, revoked or not renewed, if the Administrator determines that any registrant:
      (1)   Has violated any applicable provision of KRS 367.650 through 367.669 or any provision of §§ 116.01 through 116.98 of this chapter;
      (2)   Has refused or failed, after notice, to produce any records or disclose any information required pursuant to KRS 367.650 through 367.669 or any provision of §§ 116.01 through 116.98 of this chapter;
      (3)   Has made a material false statement in an application, statement or report required to be filed under KRS 367.650 through 367.669 or any provision of §§ 116.01 through 116.98 of this chapter; or
      (4)   Has been convicted of any crime involving, fraud or theft by deception in the last five years.
   (B)   The Administrator shall send written notice of the show cause hearing by certified mail return receipt requested, and shall state the grounds for the hearing as well as the time and date of the hearing.
   (C)   The Administrative hearing shall be held within 15 working days of the date of the notice. Failure or refusal to accept the notice may not be grounds for delaying or otherwise challenging the hearing.
   (D)   The Administrator shall issue a decision within ten working days of the completion of the hearing. Should the decision be adverse to the registrant, the registrant shall have 30 days to appeal the Administrator’s decision to the Oldham Circuit Court. During that time period, the registrant is prohibited from soliciting unless otherwise ordered by the Oldham Circuit Court.
(Ord. 13-2005, passed 11-7-2005)
§ 116.09 UNLAWFUL SOLICITATION ACTIVITY.
   (A)   It shall be unlawful for any person, professional solicitor or fundraising consultant, directly or through an agent or employee, to solicit contributions for charitable purposes within the city unless a certificate of registration has been obtained from the Administrator.
   (B)   It shall be unlawful for any individual, as the agent or employee of another, to solicit contributions for charitable purposes in the city unless his or her principal or employer has received a certificate of registration.
   (C)   It shall be unlawful for any person, directly or through an agent or employee, to solicit contributions for charitable purposes within the city after the expiration of any certificate of registration.
   (D)   It shall be unlawful for any person who shall solicit contributions for charitable purposes in the city to represent, in connection with such solicitation, that the issuance of a certificate of registration by the city government constitutes an endorsement or approval of the purposes of such solicitation by the city or any department, officer or employee thereof.
   (E)   It shall be unlawful for any person issued a certificate of registration to solicit contributions for charitable purposes to fail to file any financial statement that this chapter requires to be filed with the Administrator.
   (F)   It shall be unlawful for any person, directly or through an agent or employee, to act as a professional solicitor of fundraising consultant within the city unless such person shall have first obtained the certificate of registration from the Administrator.
   (G)   It shall be unlawful for any individual, as the agent or employee of another, to act as a solicitor for a professional solicitor or fundraising consultant in the city unless his or her principal or employer has received a certificate of registration.
   (H)   It shall be unlawful for any person, directly or through an agent or employee, to act as a professional solicitor or fundraising consultant within the city after the expiration of any unrenewed certificate of registration.
   (I)   It shall be unlawful for any person acting as a professional solicitor or fundraising consultant in the city to represent, in connection with any solicitation activity, that the issuance of a certificate of registration by the city government constitutes an endorsement or approval of the purposes of such solicitation by the city or any department, officer or employee thereof.
   (J)   It shall be unlawful for any professional solicitor or fundraising consultant issued a certificate of registration hereunder to fail to file with the Administrator the financial statement required by this chapter.
   (K)   It shall be unlawful for any person, professional solicitor or fundraising consultant to use the word “police”, “law enforcement”, “firefighters”, “firemen”, “sheriffs”, “constables” or “veterans”, for the purpose of soliciting contributions, unless authorized to do so by an established organization representing such specific groups or entities. Such proof of said authorization shall be filed with said application for registration.
   (L)   It shall be unlawful for any person, professional solicitor or fundraising consultant to represent or lead anyone in any manner to believe that a solicitation is for or on behalf of a charitable organization; or utilizing any emblem, device or printed matter belonging to or associated with a charitable organization; or otherwise representing that any part of the contributions received will be donated to a charitable organization without first being authorized in writing to do so by the charitable organization.
   (M)   It shall be unlawful for any person, professional solicitor or fundraising consultant to utilize a name, symbol or statement so closely related or similar to that used by another charitable organization, public official, or public agency that its use would tend to confuse or mislead a solicited person.
   (N)   It shall be unlawful for any person, professional solicitor or fundraising consultant to commingle their personal funds with contributions collected from a charitable solicitation. Separate books, records and bank accounts shall be kept by persons, professional solicitors or fundraising consultants regarding charitable solicitation activity. In addition, daily totals shall be kept showing the aggregate amount of contributions collected and/or received by all persons, professional solicitors and/or fundraising consultants engaged in solicitation activity on behalf of a person or charitable or civic organization.
   (O)   It shall be unlawful for any person, whether individually or as the agent or employee of another, or as a volunteer, to stand on a highway for the purpose of soliciting contributions unless such person is at least 18 years of age and otherwise complies with the provisions of KRS 189.570(21). All such individuals at all times when participating in such activity must:
      (1)   Carry with them a government-issued identification card which verifies their age;
      (2)   Wear a badge or sticker, which prominently displays the name of the organization for whom the solicitation is being conducted, and the organization’s license number as issued by the Administrator;
      (3)   Utilize safety equipment including, but not limited to:
         (a)   Wearing bright orange or yellow safety vests;
         (b)   Placing orange cones, minimum height of 30 inches, six cones per lane being worked, at a minimum of ten feet apart; and
         (c)   Displaying a legible sign with dimensions of at least two feet by three feet, on which is printed the name of the organization, and which is visible from each direction of the highway upon which the solicitation is being conducted.
      (4)   Withdraw from an intersection to a place of safety on a median or on the side of a highway before the light turns green in the direction they are working;
      (5)   Limit solicitation activity to one person for each lane of traffic;
      (6)   Refrain from yelling at or otherwise distracting motorists, and from touching any vehicle; and
      (7)   Not conduct any solicitation activity before sunrise or after sunset, as published daily in The Courier-Journal, or in inclement weather during which, in the judgment of any law enforcement officer, conducting solicitation activity would constitute a hazard to individuals conducting solicitation activity or to motorists.
   (P)   It shall be unlawful for any licensed organization to engage in solicitation activity on a highway within the city for more that nine days in any calendar year.
   (Q)   It shall be unlawful to violate any other provision of this chapter not specifically enumerated in this section.
(Ord. 13-2005, passed 11-7-2005) Penalty, see § 116.99
§ 116.10 EXISTING REGULATIONS.
   (A)   All registrations issued under the authority of any ordinance or regulation of the former city or Oldham County shall be valid and remain in full force and effect until their expiration dates but charitable solicitations and professional solicitor or fundraising consultant activities pursuant to such registrations, including post-solicitation reporting requirements, shall be governed by this chapter.
   (B)   On the anniversary date of any registration issued under the authority of any ordinance or regulation of the city or Oldham County, each such registrant who wishes to renew or continue its charitable solicitation or professional solicitor or fundraising consultant activities in Oldham County shall register with the Administrator in the manner required by this chapter and, unless exempt, pay the registration fee.
(Ord. 13-2005, passed 11-7-2005)
§ 116.11 FINALITY OF ADMINISTRATOR’S ACTIONS.
   Any action or determination made by the Administrator pursuant to any provision of this chapter shall be deemed final and conclusive as to the issues addressed by such action or determination; provided, however, that nothing contained herein shall prevent any person from exercising any right, or seeking any remedy, to which said person is entitled, nor from filing any action with any other agency or court of appropriate jurisdiction.
(Ord. 13-2005, passed 11-7-2005)
§ 116.12 SEVERABILITY.
   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(Ord. 13-2005, passed 11-7-2005)
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