For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARITABLE. Includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
COMMISSION. The Charitable Solicitations Commission of the Town.
CONTRIBUTIONS. Includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property.
COST OF PROMOTION. In connection with a charitable solicitation, the reasonable cost of acquiring goods or merchandise or an entertainment event when such is used in connection with the solicitation, but does not include the cost of selling the goods or admissions or the cost of bona fide educational materials. No cost included in the definition of “cost of solicitation” shall be considered a COST OF PROMOTION.
COST OF SOLICITATION. All costs of whatever nature incurred in raising the funds solicited except bona fide educational material in such instances where the solicitation plan involves the promotion or sale of merchandise or an entertainment event; the cost of such merchandise or entertainment shall not be considered as part of the cost of solicitation. Compensation in whatever form paid to a “professional promoter or professional solicitor” is part of the COST OF SOLICITATION.
PERSON. Any individual, firm, partnership, corporation, company, association, society, organization or league, and includes any trustee, receiver, assignee, agent or other representative thereof.
POLITICAL PARTIES. As defined by state law, their subdivisions and their bona fide candidates for public office are specifically exempted from and shall not be subject to the provisions of this subchapter, as the intent of the subchapter is to regulate the solicitation of charitable contributions.
PROFESSIONAL PROMOTER. A person who for compensation plans, promotes, conducts, manages or carries on or attempts to plan, promote, conduct, manage or carry on any drive or campaign for the purpose of solicitation contributions for or on behalf of any charitable person or engages in the business of soliciting contributions for charitable purposes. A bona fide officer or regular employee of a charitable person shall not be deemed a PROFESSIONAL PROMOTER by reason of his or her participation in charitable solicitations made by or on behalf of his or her employer.
PROFESSIONAL SOLICITOR. Any person other than a professional promoter who is employed or retained for compensation to make solicitations in connection with a charitable solicitation or solicitations. A bona fide officer or regular employee of a charitable person shall not be deemed a PROFESSIONAL SOLICITOR by reason of his or her participation in charitable solicitations made by or on behalf of his or her employer.
RELIGIOUS, RELIGION or CHURCH. Any activity directly involving the promulgation or observance of any system of worship or to the building or maintenance of places of worship. The words RELIGIOUS and RELIGION or CHURCH, as used herein, do not include “charitable” activities as defined herein, even though carried on or sponsored by a religious organization.
SOLICIT and SOLICITATION. 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 purpose as those purposes are defined in this section. These words shall also mean and include, but not be limited to, the following methods of securing such money, credit, property, financial assistance or other thing of value:
(1) Any oral or written request;
(2) The making of any announcement to the local press or by telephone concerning a local appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith;
(3) The distribution, circulation, posting or publishing of any handbill, written advertisement or other local publications; and/or
(4) The sale of, or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, membership, merchandise, subscription, ticket or other thing.
SOLICITATION. Deemed to have taken place when the request is made, whether or not the person making the same receives any contribution referred to in this section.
(2005 Code, § 43.01)