10.1    Definitions.

10.2    Permit—Required.

10.3    Same—Application.

10.4    Same—Issuance; term.

10.5    Repealed by Ordinance No. 1983.

10.6    Permit—Revocation.

10.7    Same—Appeal from decision of director of finance.

10.8    Solicitation by mail.

10.9    Telephone solicitation.

10.10    Repealed by Ordinance No. 1983.

10.11    Repealed by Ordinance No. 1983.

10.1 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words, when used herein shall have the meaning ascribed to them by this section:

CHARITY or CHARITABLE. Any charitable, patriotic, philanthropic, benevolent or fraternal person or any branch or subsidiary thereof.

PERSON. An individual, group, firm, copartnership, corporation, company, association, society, organization or league.

SOLICIT or SOLICITATION. To request, directly or indirectly, money, property including discarded household furnishings, newspapers, magazines, cast-off materials or financial assistance of any kind including donations or pledges of donations or to sell, to offer for sale or to exhibit any thing or object whatever to raise money, including any article, tag, service, emblem, publication, ticket, advertisement or subscription; or to secure or attempt to secure money or donations or other property by promoting any bazaar, sale, dance, card party, supper or entertainment whether any of such acts occur on the streets, in any office or public buildings, by house-to-house canvass or in any public or private place by personal solicitation. (Ord. No. 1423, § 1; Ord. No. 1983, § 26.)

10.2 Permit—Required.

It is unlawful for any person without first having applied for and received a permit from the director of finance, as provided in this chapter, to make any appeal to the public for a charity or charitable purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any sale, bazaar or exhibition or by other means whatsoever any place or to any person in the city. (Ord. No. 1423, §1; Ord. No. 1983, § 26.)

10.3 Same—Application.

Any person desiring to do any of the acts mentioned in Sections 10.1(c) or 10.2 shall file an application with the chief of police. Such application shall set forth, the following information:

(1)    Name and address of the applicant and whether or not the applicant is affiliated with or working for any other organization than the one for which this solicitation is intended;

(2)    Location and address of national, state and local headquarters, if any;

(3)    The names and addresses of all persons directly interested in or who in any manner will be engaged in the work;

(4)    The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise or any part thereof are to be used, including the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds;

(5)    A financial statement for the last preceding fiscal year of any funds collected in this city or elsewhere for charitable purposes by the applicant, giving the amount of money so raised, the cost of raising it and the final distribution thereof. In addition, if the applicant conducted a solicitation in this city at any time during the preceding twelve months, a separate financial statement of any funds collected thereby shall be submitted containing the information showing the amount of money so raised, the cost of raising it and the final distribution thereof. Financial statements for door-to-door solicitations are required to be certified by a certified public accountant;

(6)    A full statement of the general character and extent of the charitable work being done or to be done by the applicant, showing how much thereof is being done or is to be done within the city;

(7)    The total amount which is sought to be raised;

(8)    The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested;

(9)    What records of funds received will be kept and where, and that such records will be open to the public;

(10)    A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the solicitation or person by the city or by any department, committee, officer or employee thereof;

(11)    A statement to the effect that if a permit is granted, no person under the age of sixteen years will be permitted to solicit money;

(12)    The time when such solicitation will be made, giving the date preferred by the applicant for the beginning and ending of such solicitation;

(13)    Whether or not the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity;

(14)    Such other information in respect to the character and past and proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary to enable the director of finance to make a full and complete investigation;

(15)    A statement that if a permit is granted, no solicitation will be conducted at a time other than between 10:00 a.m. and 8:00 p.m. of the day, with no solicitations on Sundays before noon. (Ord. No. 1423, § 1; Ord. No. 1730, § 2; Ord. No. 1983, § 26.)

10.4 Same—Issuance; term.

The director of finance shall issue the permit applied for whenever he finds the following facts to exist:

(a)    That all of the statements made in the application are true.

(b)    That the applicant has not engaged in any fraudulent transaction or enterprise.

(c)    That the solicitation will not be a fraud on the public.

(d)    That the solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted for private profit.

(e)    When application is approved, a permit shall be issued for such period of time as the applicant may request; however, provided, that no permit shall be valid for a period of more than six months from the date of issuance.

Should the director of finance, after a complete investigation of the applicant and of the representations contained in the applicant, be of the opinion that the applicant has not stated true facts in his application or that if a permit should be granted to the applicant, a fraud in all probability would be perpetrated upon the public, the director of finance may refuse to issue a permit to such applicant. (Ord. No. 1423, § 1; Ord. No. 1983, § 26.)

10.5 Repealed by Ordinance No. 1983.

10.6 Permit—Revocation.

Any permit issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of such permittee would operate to defraud the public. Such revocation may be made by a registered letter signed by the director of finance and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. Such permit shall become null and void on and after the third day from the date after which such letter is deposited in the United States Post Office in the city. (Ord. No. 1423 § 1; Ord. No. 1983, § 28.)

10.7 Same—Appeal from decision of director of finance.

Any person aggrieved by any decision of the director of finance or any other officer of the city may, within ten days after mailing of or otherwise receiving notice of such decision, appeal in writing to the city council. The city council shall, without unnecessary delay, hear and pass upon such appeal at a regular meeting. The council’s decision upon any such appeal shall be final. (Ord. No. 1423 § 1; Ord. No. 1983, § 28.)

10.8 Solicitation by mail.

No permit shall be required for any solicitation through the United States mail. (Ord. No. 1423, § 1.)

10.9 Telephone solicitation.

No person shall use or cause to be used a telephone to accomplish any of the acts set forth in section 10.1(c) or 10.2, unless such person is a bona fide member of an organization in whose name a permit has been issued pursuant to the provisions of this chapter, and provided further that such person making such solicitation does not receive any compensation therefor. (Ord. No. 1423, § 1.)

10.10 Repealed by Ordinance No. 1983.

10.11 Repealed by Ordinance No. 1983.