(a)   Every charitable organization desiring to raise funds as permitted by both § 630.02(d) and R.C. § 2915.02(D), at a location within the city, shall be required to secure a license to do so and assure the event is conducted in compliance with this section and R.C. Chapter 2915.
   (b)   Application for the license shall be made to the Police Chief, upon a form to be supplied by the Police Department, for that purpose, at least 21 days in advance of the date of the fund raiser, along with a copy of the IRC § 501(c)(3) tax exemption status, the location of the event, a copy of the pertinent lease agreement, and a copy of a criminal record verification from the Ohio Bureau of Criminal Identification and Investigation for each volunteer indicated in the application.
   (c)   The application for the license shall contain the following information:
      (1)   The hours and dates of the proposed fund raiser;
      (2)   The name, address and telephone number of the charity and a contact number for a representative of such charity;
      (3)   The name, address, Social Security number, telephone number and a photocopy of the current driver’s license or valid state identification card for the individual or individuals who will have direct supervisory responsibility for the conduct of the fund raiser;
      (4)   The names, addresses, telephone numbers and photocopies of current driver’s licenses or valid state identification cards of all volunteers who will be working the fund raiser;
      (5)   The names, addresses, telephone numbers and photocopy of current driver’s licenses or valid state identification card of all security personnel, to include security for parking area as well as at the principal location of the fund raiser;
      (6)   An itemization of all equipment to be used, to include leasing agreements;
      (7)   A projected indication as to the purpose for which the revenue will be used, together with allocation of planned expenses, or known expenses, including, but not limited to, lease of property, rental equipment, costs of food and security;
      (8)   Evidence of insurance in an amount not less than $250,000 assuring against any injuries to persons or property arising out of the conduct of the fund raiser, whether the insurance by naming the organization as an additional insurer of the landlord, or by direct insurance for the fund raising activity itself; and
      (9)   A list of any and all fund raising events the charity has conducted in the previous 12 months; and a list of any and all fund raising events conducted at the proposed location in the previous 12 months.
   (d)   Nothing herein shall permit profit activities except as set forth herein or in R.C. § 2915.02(D)
   (e)   The Police Chief shall be authorized to deny a license or to limit the participation of any director or individual as a fund raiser, volunteer of event, or volunteer for security purposes. Such denials or limitations may be, but are not limited to, prior convictions for any felony, or conviction for a misdemeanor involving a crime of gambling. Such denials may also be, but are not limited to failure to fully comply with this section.
   (f)   A non-refundable application fee in the amount of $50 shall be paid to the city upon submitting said application.
   (g)   A license shall not be transferable from person to person or place to place, and shall be usable only at the place and by the person designated in the license. A license is only valid for one event.
   (h)   A member listed in the license as having direct supervisory responsibility of the event shall be present at all times during the event. If the aforementioned individual is not present, all event operations shall immediately cease until such time as an approved supervisor, as indicated on the license, is present.
   (i)   In the event that a license is approved by the city, the license must be noticeably and conspicuously posted within the location of the event. No volunteer is authorized to work, assist, aid or perform any function in the furtherance of said event if his or her name is excluded from the license.
   (j)   Every license issued under this section is subject to the right of being revoked should the licensee directly or indirectly permit a violation of the provisions set forth in this section, the ordinances of the city, or a statute of the state. The right of revocation is expressly reserved.
   (k)   The Police Department is authorized to enter the premises of any organization holding an event for the purpose of ensuring compliance with this section and equipped with the authority to revoke or suspend all operations on the premises.
   (l)   Within 30 days after the completion of the charitable fund raiser, the applicant shall provide to the city, by affidavit or by a certified public accountant, certification of income and disbursements of the fund raiser, together with affidavits that the net proceeds thereof have been placed on deposit with the charitable organization by depositing them in a bank account, for instance a passbook, or by providing other suitable evidence acceptable to the Police Department.
   (m)   The Police Chief, or his or her designee, shall provide a written explanation and justification for a rendered decision upon request. Applicants may appeal said decision with the Law Department.
   (n)   The Police Chief, or his or her designees, shall exempt a charitable organization from the license requirement if the following conditions are met and adequate evidence thereof is supplied to the Police Department upon notice to conduct such event.
      (1)   The charitable organization hosting the event has held a IRC § 501(c)(3) tax exempt status with the Internal Revenue Service prior to, and continually since, December 31, 2003;
      (2)   The charitable organization that is hosting the event shall provide evidence that it is to retain all proceeds. No monies, or any other object of value, shall be paid to any person, director or volunteer. Reasonable payment made for rental equipment and security may be permitted upon the approval of the Police Department;
      (3)   All persons, directors, individuals or volunteers working at the event have been members of the organization for at least 18 days proceeding the event; and
      (4)   The event is sponsored by the city or the Solon School System, or is the bingo program held by St. Rita’s Church which pre-existed the effective date of this section.
   (o)   Any person or persons who violate any provisions of this section shall be guilty of gambling, a misdemeanor of the first degree, for each offense. If the offender has previously been convicted of any gambling offense, gambling is a felony to be prosecuted under appropriate state law.
(Ord. 2005-202A, passed 11-7-2005)