Chapter 5.20


5.20.010    Defined.

5.20.020    License required—Form and contents of application.

5.20.030    Investigation—Fees.

5.20.040    Permit issuance—Conditions.

5.20.050    Solicitors to carry identification.

5.20.060    Permit expiration.

5.20.070    Permit revocation.

5.20.080    Financial statement—Required—Public inspection.

5.20.010 Defined.

As used in this chapter, “charitable solicitation” includes any direct or indirect request for money, credit, property or anything of value based on the representation that such money, credit, property or other thing of value will be used for a charitable or welfare purpose.

A. A charitable or welfare purpose is any purpose represented to benefit:

1. The poor, destitute, underprivileged, sick or otherwise needy;

2. Any defense or general welfare fund of the United States or of the State of Nevada or any other state of the union;

3. Any group seeking the improvement or beautification of the state, city or community;

4. Any fraternal or social organization or association; or

5. Any educational institution presently existing or contemplated in the future.

B. A charitable solicitation is deemed completed when it is communicated to any person then located outside the incorporated areas of the county, whether or not the person making the solicitation is located within the unincorporated area of the county or the person making the solicitation receives any contribution whatsoever. (Ord. 12-16-85A § 1(2.1))

5.20.020 License required—Form and contents of application.

A. A person desiring to solicit funds for charitable or welfare purposes in the unincorporated area of Humboldt County shall file with the county clerk a verified application for a charitable solicitation permit on a form approved by the county clerk. The county clerk shall cause such forms to be prepared and printed containing such questions as he finds necessary and desirable. The county clerk may order corrections or amendments or other changes in the form.

B. Such forms shall include but are not limited to the following information:

1. Name and address of the organization or person upon whose behalf or sponsorship the solicitation is to be made;

2. Evidence indicating that the applicant has been granted a tax-exempt status;

3. The purpose for which the solicitation is to be made and the period of time in which any amounts solicited are to be spent;

4. The name of the person responsible for the control of the solicitation and distribution of the proceeds;

5. The name and address of the agent or agency employed to solicit or collect funds, if such is the case. A copy of the agreement between the agent and the applicant shall be attached to the application;

6. The period of time during which the solicitation is to be conducted;

7. The applicant’s last solicitation experience in the county, including dates of the last prior solicitation and the results of that solicitation; and

8. The number of individual solicitors to be used by the applicant. (Ord. 12-16-85A § 1(2.2))

5.20.030 Investigation—Fees.

The sheriff shall conduct such investigation as is necessary to determine the purpose of the solicitation, the character of the applicant and, if the solicitation is to occur at a fixed location, he shall determine whether that location complies with all applicable laws. There shall be no fee or charge for the investigation and, if any other agency is required to conduct an inspection of the premises, that agency shall not charge for such inspection. There shall be no fee for the issuance of the charitable solicitation permit. (Ord. 12-16-85A § 1(2.3))

5.20.040 Permit issuance—Conditions.

The county clerk shall issue a charitable solicitation permit only if he finds that:

A. All of the statements made in the application are true;

B. The applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual, that every official and managing agent of the applicant has a good character and reputation for honesty and integrity;

C. Control and supervision of the solicitation and distribution of the proceeds will be by responsible and reliable persons;

D. The applicant is not engaged in any fraudulent transaction or enterprise;

E. The solicitation will not be a fraud upon the public;

F. The exact purpose for which the solicitation is to be made is, in fact, a charitable or welfare purpose with a substantial benefit to be derived by the citizens of the county;

G. The solicitation is primarily intended to finance the exact purpose described in the application and will not be conducted for private profit;

H. The solicitation is prompted solely by the desire to finance the charitable cause described in the application;

I. The solicitation and its related activities will not be detrimental to the health, life or property of the citizens of the county;

J. The cost of raising funds will be reasonable. Any costs in excess of twenty-five percent of the amount collected shall be considered prima facie unreasonable;

K. No part of the solicitation is conducted by lottery or other device prohibited by law;

L. The applicant is maintaining a system of complete accounting; and

M. No person shall, for pecuniary compensation or consideration, conduct or make other solicitations by telephone or on behalf of any actual or purported charitable use, purpose, association, corporation or institution. The provisions of this subsection do not apply to any communication by telephone between persons personally known to each other. (Ord. 12-16-85A § 1(2.4))

5.20.050 Solicitors to carry identification.

Each applicant granted a charitable solicitation permit shall supply each of its solicitors with a card bearing:

A. The name and address of the solicitor;

B. The date issued;

C. The date of expiration;

D. A statement that the permit does not constitute an endorsement by Humboldt County; and

E. A statement showing that the person carrying the permit is authorized by the applicant to solicit funds in Humboldt County. (Ord. 12-16-85A § 1(2.5))

5.20.060 Permit expiration.

Each charitable solicitation permit expires at the end of the term of the solicitation period specified on the permit, which term shall not exceed ninety days from the date of issuance. (Ord. 12-16-85A § 1(2.6))

5.20.070 Permit revocation.

The business license department may revoke a charitable solicitation permit if any of the provisions of this chapter are being violated. (Ord. 12-16-85A § 1(2.7))

5.20.080 Financial statement—Required—Public inspection.

A. A person issued a charitable solicitation permit shall furnish to the business license department, within thirty days after the solicitation has been completed, a detailed financial statement showing the amount raised by the solicitation and the amount expended in collecting such funds, including a detailed report of wages, fees, commissions and expenses paid to any person in connection with such solicitation.

B. The report furnished to the business license department by the person issued a permit shall be available for public inspection at the office of the business license department at any reasonable time. When requested to do so by the business license department, the permit holder shall additionally make available to the business license department all books, records and papers for the purpose of ensuring the accuracy of the report furnished. (Ord. 12-16-85A § 1(2.8))