709.01 DEFINITIONS.

   For the purposes of this chapter, the following words shall have the meaning ascribed to them as hereafter set forth unless the context clearly describes a different meaning:

   (a)    "Charitable" means and includes patriotic, philanthropic, social service, welfare, benevolent, fraternal or any agency created for the purpose of supporting health, research or health measures, either actual or purported.

   (b)    "Cost of solicitation" means all costs of whatever nature incurred in raising funds solicited except that where a solicitation includes:

      (1)    The sale of tickets for a show, benefit, dance, bazaar, raffle, sporting or social event or other similar event;

      (2)    The sale of a publication or advertising space in a publication, or

      (3)    The sale of goods or commodities;

      The reasonable cost of giving or holding such show, benefit, dance, bazaar, raffle, sporting or social event or other similar event, or the reasonable cost of making or acquiring such publication or such goods or commodities, but not including the cost of selling the same, shall not be considered as part of the cost of solicitation. Compensation, in whatever form, paid to a promoter or professional solicitor is part of the cost of solicitation.

   (c)    "Contribution" includes alms, food, clothing, money, property or donations under the guise of a loan of money or property for any charitable use or purpose.

   (d)    "Person" means any individual, organization, firm, co-partnership, company, corporation, association, joint stock association, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

   (e)    "Promoter" means any person who, for pecuniary compensation or other consideration received or to be received, promotes, organizes, conducts, carries on, manages, supervises or has charge of or attempts to promote, organize, conduct, carry on, manage, supervise or have charge of any solicitation in behalf of any charitable association, corporation, institution or person for any contribution for a charitable purpose, or plans, consults, advises or counsels with any such association, corporation, institution or person or any other officer, director, committee thereof as to method, procedure or campaign for obtaining or raising any contribution for such charitable association, corporation, institution or person, or is engaged in the business of or holds himself or itself out to the public as engaged in the business of promoting, organizing, conducting, carrying on, managing, supervising or having charge of solicitation for any charitable association, corporation, institution or person or of planning, consulting, advising or counseling with any such association, corporation, institution or person or officer, director or committee thereof as to method, procedure or campaign for obtaining or raising any contribution for any such an association, corporation, institution or person or agrees to do any of the aforesaid things. However, the pecuniary compensation or consideration as used herein shall include, but shall not be limited to, participation on a percentage basis in or measured by any contribution solicited, raised or received for or on behalf of any such charitable association, corporation, institution or person, and provided that no person who is a bona fide paid officer or employee of a social service agency shall be considered a promoter within the meaning of this chapter.

   (f)    "Solicit" and "solicitations" mean the request, either directly or indirectly, for money or financial assistance on the plea or representation that such money or financial assistance will be used for a charitable purpose. Without limiting the generality of the above, such words include the following methods of securing money or financial assistance on the plea or representation that it will be used for a charitable purpose:

      (1)    Any oral or written request;

      (2)    The distribution, circulation, mailing, posting or publishing of any handbills, written advertisement or publication;

      (3)    The making of any announcement through the press, radio, television or by telephone or telegraph concerning an appeal assembly, athletic or sporting event, bazaar, benefit, campaign, contest, dance, dinner, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering or similar events, which the general public is requested to patronize or to which the general public is requested to make contributions;

      (4)    The sale of, or, the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing. A solicitation shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.

   (g)    "Professional solicitor" means any person other than a promoter who is employed or retained for compensation to make solicitations in connection with a charitable solicitation. A bona fide officer or regular employee of a charitable person shall not be deemed a professional solicitor by reason of his participation in charitable solicitations made by or on behalf of his employer.

      (1964 Code §91.1)