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PERSON: In reference to licensing and solicitation shall be synonymous with the word "organization" except where the context clearly shows another meaning.
SOLICITOR OF FUNDS: Any person or organization, excepting those listed in section 3-4D-2 of this article, who shall solicit contributions of funds personally or through an authorized employee, agent or representative by the direct solicitation of money or by the sale of tags, buttons or tokens of nominal value, intending that all or a substantial portion of such funds be used for the procurement of necessities for one or more individuals, or for medical, educational, religious or other purposes toward the benefit of the community or a needful segment thereof. (Ord. 2983, 8-7-1978)
Except as they pertain to activities governed by this article, the terms "solicitor of funds", "solicit funds" and "solicitation of funds" shall not pertain to or include:
A. A person holding a valid state solicitation license;
B. Any organization soliciting contributions from among its membership or employees;
C. Any organization soliciting contributions while the solicitor and the person solicited are located upon property owned by that organization;
D. Solicitation of contributions by mail;
E. Solicitation of contributions by a person located outside the corporate limits of the city who is initiating solicitation of residents of the city, so long as such solicitation does not take the form of telephone or other direct personal solicitation by such person or his representative of individuals in the city; or
F. Solicitation for contributions of funds for a political party or candidate. (Ord. 2983, 8-7-1978)
No person or organization shall conduct a solicitation of funds as defined in this article excepting a solicitation of funds for a religious cause or purposes, without having first obtained a license as provided in this article. (Rev. Ord. 1540, Comp. 1941, p. L-4; amd. Ord. 2821, 5-24-1976; Ord. 2983, 8-7-1978)
Any person applying for a license to conduct a solicitation of funds, excepting solicitation of funds for a religious cause or purpose, shall make a written application therefor to the city clerk, who shall refer the completed application to the city council. No license shall be issued unless authorized by the city council upon an application which shall contain the following information:
A. Name of applicant and the organization he represents;
B. Purpose of the solicitation or purpose of the organization;
C. Location and address of the general headquarters of the organization and of any headquarters or person through which the organization locally operates;
D. Names and addresses of the officers of the organization;
E. Names of the persons having charge of the solicitation and the estimated number of persons who will be directly soliciting funds;
F. Proposed amount of funds to be raised by the solicitation, and the methods of soliciting or raising the funds proposed; if the organization proposes an on-going solicitation, then only the methods of soliciting funds need be listed;
G. Percentage of gross collections in the city which will be used to pay solicitors of funds, other solicitation costs and expenses of the local organization, and the amount of percentage of such gross collections which will be paid to the local organization or to the national organization, where applicable, and not directly applied to the purpose of the solicitation; if solicitors are paid a salary or percentage of gross collections, then the number and amount of such salary or percentage shall also be listed; if a set percentage or dollar amount of the amount to be collected will be disbursed or distributed elsewhere than in the city, such percentage or amount shall be estimated and set forth;
H. The method by which funds raised in the city will be distributed;
I. The name and address of the local person or officer to whom action on the application by the city council and other city correspondence with the organization may be sent; any change in such name or address after issuance of a license shall be filed with the city clerk, to permit that information to remain as current as practicable;
J. Such other and further information as may be required by the city council to aid the city council in determining whether or not the application shall be approved. (Ord. 2983, 8-7-1978)
Upon the city council determining that a person applying for a license has complied with the terms of this article, that the solicitation so described is in the best interests of the residents of the city, and that the other sections of this article and ordinances of the city will be obeyed in the conduct of the solicitations so described, it shall issue a license to solicit funds. Failure to so make one or more of the above findings shall be grounds for the city council to deny such license. The methods of solicitation and of the expenditure and distribution of funds and the period of solicitation set forth in the application, as verified by the city council, shall be deemed to be incorporated into and shall become a part of the license for that person. (Ord. 2983, 8-7-1978)
A. License Fee: The applicant shall pay a license fee in the amount of ten dollars ($10.00) to the city clerk at the time of filing application, and again at any time thereafter when corrective information such as that described in subsection C of this section is thereafter provided to the city clerk. In the event the initial application, or the application with such corrective information, is disapproved by the city council, such fee shall be retained by the city.
B. Bond: The applicant shall be required to file bond only in those instances when the city council, upon investigation, determines that insufficient information of local operations by the person or organization conducting the solicitation has been given to the city council to permit a determination of the propriety of the manner of solicitation of funds by the organization, or of the adherence of the organization conducting such solicitation to this article or to other ordinances or laws, or of the proper distribution of funds so raised. In such event, before authorizing issuance of a license, the city council may require a corporate bond to be executed and delivered to the city in the penal sum of five thousand dollars ($5,000.00), conditioned upon the faithful handling and distribution of the funds so raised, and upon the funds being solicited in the manner specified in the application and not contrary to this article or other city ordinances or state law. After a period of operation under a license, but not sooner than six (6) months after its issuance, the licensee may request that the city council relieve it of the requirement of bond; and, in its discretion, the city council may so act or may continue the period of bond until a later date.
C. Duration Of License: The license issued by the city council shall be issued in the name of the organization, shall embody the particular information contained in the application therefor and shall be valid until revoked by the city council, invalidated as described in this subsection, or turned in by the licensee, whichever event shall occur first in time. Such license shall permit the licensee to solicit for contributions of funds in the city so long as the name and makeup of the organization, the goals and purposes thereof, the manner and method of solicitation and the proposed distribution of the gross collections remains the same as stated in the application; if any of those particulars change, the license shall become and remain invalid until the applicant has submitted the pertinent corrective information to the city clerk for approval by the city council, which approval shall again validate the current license.
D. Soliciting From Vehicles And Booths: No person shall solicit funds from a person situated in a motor vehicle, on public or private property. The erection, maintenance and use of any stand, booth or similar structure in connection with any solicitation in a public street, alley or other public property is prohibited unless specifically authorized by the city council as to location, size of structure and the period within which such structure will be so located and operated. Such authorization may be granted by the city council in the event the applicant agrees to hold the city harmless from any claim or liability for damages or injury resulting from the erection, maintenance, operation or removal of such structure.
E. Minors: Persons under eighteen (18) years of age may solicit funds under a license issued pursuant to this article only when such solicitation is conducted under the guidance and supervision of an adult.
F. Streets And Vehicles; Public Property:
1. No person shall solicit funds upon or immediately adjacent to that portion of any street, alley, driveway access or public way in the city which is available for or normally used for vehicular travel.
2. No person shall solicit funds in the locations as described in subsections 3-4D-7E and F of this article without obtaining approval from the mayor or his representative of the proposed locations, the number of solicitors, and the timing and the manner of such solicitation.
G. Private Property: No person shall solicit funds on private property where the owner of person in possession has posted a sign or signs which prohibit solicitation of funds or has otherwise specifically forbidden such solicitation generally or by the organization attempting same.
H. Hours Of Solicitation: No person shall solicit funds on public property or private property from eight o'clock (8:00) P.M. until eight o'clock (8:00) A.M. the following day, except in connection with, during and as part of attendance at a public or private social, civic or religious event. (Ord. 2983, 8-7-1978)
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