(A) Prohibitions.
(1) Unless otherwise permitted herein, no person shall stand on a public right-of-way within the unincorporated area of the county or on any county property whatsoever for the purpose of soliciting donations from the occupant of any vehicle.
(2) No person shall stand on the sidewalk adjoining any public right-of-way within the unincorporated area of the county for the purpose of soliciting donations from the occupant of any vehicle or any pedestrian unless such person or organization has first obtained a permit from the county authorizing such charitable street solicitation.
(B) Permit restrictions.
(1) Permits will be issued only to valid non-profit organizations within the definition of Internal Revenue Code Section 501. Proof of non-profit status and compliance with any applicable state Secretary of State registration requirements will be required.
(2) Permits will be issued for not more than three consecutive days per charitable street solicitation.
(3) Any organization shall be allowed up to six permits for charitable street solicitations per calendar year.
(4) Applications for permits shall be accompanied by a fee in the amount of $25 to partially reimburse the county for the actual cost of processing the permit application and related costs.
(5) Applications for permits shall be submitted on an approved form which may be obtained from the Sheriffs Office and must be submitted at least two weeks prior to the charitable street solicitation. If applicable and allowed under this section, any permit shall be issued only by the Sheriffs Department.
(6) Permit applications shall identify the intersection(s] at which the organization seeks to solicit and the permit shall identify such intersection(s). Charitable street solicitations shall occur only at the intersection(s) identified on the permit.
(7) By submitting the permit application, the organization shall indicate its understanding and acceptance of the rules of conduct for charitable street solicitation.
(8) A copy of the permit shall be in the possession of the solicitor at each intersection where permitted solicitation occurs.
(9) Charitable street solicitors are required to be at least 18 years of age or, if less than 18, shall have a valid South Carolina driver's license or identification card. There shall be at least one person 18 years of age or older present at each intersection where charitable street solicitation is occurring.
(10) The permit is non-transferable; the authority granted in the permit shall be conferred only on the permittee named in the permit.
(C) Conduct of charitable street solicitations.
(1) Charitable street solicitors shall stand on a curb or sidewalk and are not allowed to step off the curb or sidewalk onto the vehicular portion of a public street to approach a vehicle, unless such public street has no curb or sidewalk at the permitted intersection, in which case each solicitor shall remain as close to the edge of the public street right-of-way as possible.
(2) Charitable street solicitors shall not approach a vehicle unless an occupant has given some sign of assent to be approached and the solicitor is able to approach such vehicle without stepping off the curb and sidewalk onto the vehicular portion of a public street, unless such public street has no curb and sidewalk at the permitted intersection, in which case the solicitor shall remain as close to the edge of the public street right-of-way as possible.
(3) Each charitable street solicitor shall wear a brightly colored safety vest to help ensure solicitor safety. In addition, for each permitted charitable street solicitation as set forth in this section, there shall be one placard or sign held or worn by a permitted solicitor with lettering identifying the permitted charitable organization. The lettering shall be colored, sized and shaped in a manner to ensure that motorists and pedestrians shall reasonably be able to read such placard or sign.
(4) Charitable street solicitation shall occur only during daylight hours.
(D) Application for a charitable street soliciting permit. Applicants for a charitable street soliciting permit shall file with the Sheriffs Office an application in writing on a form to be furnished by the county and shall provide the following information:
(1) The purpose of the charitable street soliciting;
(2) The name and description of the applicant, including the full name of the applicant as it appears on the applicant's birth certificate (or court order if such court order was issued after the issuance of the applicant's birth certificate and the name of the applicant on the subsequently-issued court order is different from the name on the applicant's birth certificate);
(3) Permanent home and local address of the applicant;
(4) The name of the charitable organization and its address, along with the names, addresses and telephone numbers of its principal officers;
(5) A description of any vehicle to be used and its license number;
(6) The intersection(s) where the charitable street solicitation is to occur;
(7) The date(s) of the charitable street solicitation;
(8) The approximate number of persons to be engaged in the charitable street soliciting, and the times of day (daylight hours, only) when the charitable street soliciting is to occur;
(9) A statement indicating whether or not the applicant has been convicted of a felony or misdemeanor. If yes, the nature of the offense, the date and place of the offense, and the punishment imposed;
(10) A statement indicating whether or not a civil judgment has ever been entered against the applicant for fraud, deceit or misrepresentation. If yes, the nature of the action, the location of the court that heard the matter, and the approximate date and amount of the judgment;
(11) A recent photograph of the applicant showing the head and shoulders of the applicant in a clear and distinguishing manner; and
(12) If the applicant is under the age of 18 and unemancipated, the signed consent of their parent or legal guardian. If over the age of 18 and emancipated, a copy of the court order emancipating the applicant.
(E) Investigation of charitable soliciting applicant; issuance.
(1) The Sheriffs Office shall issue a charitable street solicitor's permit within seven days as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, it finds that:
(a) The applicant has not had a permit suspended or revoked within the 12 months immediately preceding the date of the application for a permit;
(b) There are no material omissions, or untrue or misleading information, contained in or omitted from the permit application;
(c) There has not been another charitable street soliciting permit issued for the same location on the same dates as the location being applied for;
(d) The applicant has not been convicted of a misdemeanor involving a sex offense, controlled substances or any violent acts against person or property, or of a felony;
(e) The applicant has not had a civil judgment or criminal conviction entered against the applicant based upon fraud, deceit or misrepresentation;
(f) There are no warrants outstanding against the applicant; and
(g) The conduct of the charitable street solicitation will not substantially impede the safe and orderly movement of pedestrian and vehicular traffic contiguous to the location requested on the permit application.
(2) If, as a result of such investigation, the application for a permit is denied, the individual denying the permit shall endorse on such application the individual's disapproval and notify the applicant of the reasons for denial.
(3) If, as a result of such investigation, the application is granted, the Sheriffs Office shall endorse on the application its approval and shall issue a permit addressed to the applicant.
(F) Revocation of charitable street solicitor's permit.
(1) Charitable street solicitor permits issued under the provisions of this section may be revoked by the York County Sheriff after notice and hearing, for any of the following causes:
(a) Fraud, misrepresentation, or false statement contained in the application for the permit;
(b) Fraud, misrepresentation or false statement made in the course of cariying out the activity allowed under the permit;
(c) Any violation of this section;
(d) Conviction of a misdemeanor involving a sex offense, controlled substances or any violent acts against person or property, or of a felony;
(e) A civil judgment or criminal conviction for fraud, deceit, or misrepresentation;
(f) Conducting the permitted activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or
(g) Failure to have the permit on hand when conducting the charitable street solicitation.
(2) Notice of the hearing for a revocation of a charitable street solicitation permit shall be given in a writing setting forth specifically the grounds for the revocation, and the time and place of the revocation hearing. Such notice shall be mailed, postage prepaid, to the permittee at the address listed on the permitee's application at least ten days prior to the date set for the revocation hearing.
(Ord. 3922, passed 10-3-22)