Chapter 5.17
CHARITABLE SOLICITATION

Sections:

5.17.010    DEFINITIONS.

5.17.020    LICENSE REQUIRED.

5.17.030    LICENSE - APPLICATION.

5.17.040    CHARITY SOLICITATION LICENSE - TERMS.

5.17.050    PROFESSIONAL FUND RAISER LICENSE - TERMS.

5.17.060    LICENSE - GROUNDS FOR DENIAL.

5.17.070    BOOKS AND RECORDS.

5.17.090    PENALTY FOR VIOLATION.

5.17.010 DEFINITIONS.

Whenever used in this chapter:

(a)    "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director’s behalf.

(b)    "Charitable" shall include recreational, health, social service, humanitarian, educational either actual or purported. "Charitable" shall not include "religious" or "religion" as commonly defined where the proceeds will be used solely for religious purposes as distinguished from educational, recreation, social service, health, humanitarian, or welfare.

(c)    "Charitable organization" shall mean any organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to 501(c)(3) of the Internal Revenue Code of 1954, as amended.

(d)    "Contributions" shall mean and include the words alms, food, clothing, money, subscription, property, or donations under the guise of a loan of money or property.

(e)    "Cost of solicitation" shall mean all costs whatever nature incurred in raising the funds solicited, including costs of promotion.

(f)    "Costs of promotion" shall mean costs of all publications, goods and services sold, given away, or used as prizes in connection with the solicitation.

(g)    "Person" shall mean any individual, firm, co-partnership, corporation, association, society, league, organization, or religious body and includes any trustee, receiver, assignee, agent, or other representative thereof.

(h)    "Professional fund raiser" also referred to as "promoter" shall mean a person who, for compensation, plans, promotes, conducts, manages, or carries on or attempts to plan, promote, conduct, manage or carry on any drive or campaign, directly or indirectly, for the purpose of soliciting contributions for or on behalf of any charitable organization or engages in the business of soliciting contributions for charitable purposes. A bona fide officer or regular employee of a charitable organization shall not be deemed a professional promoter by reason of his participation by or on behalf of his employer.

(i)    "Solicit" and "solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such will be used for a charitable purpose as hereafter defined. "Solicit" and "solicitation" shall include the following methods of requests, collections, or receipts:

(1)    Any oral or written request.

(2)    The sale of, offer or attempt to sell any chance, coupon, device, tax, emblem, ticket, book, card, magazine, membership, merchandise, subscription, advertising space, or other thing in connection with which an appeal is made for a charitable purpose or any statement is made that the whole or any part of the proceeds from such sale will be donated to or will go to a charitable purpose.

(3)    Bingo activities, raffles, and amusement games conducted under Chapter 9.46 RCW and applicable rules of the Washington State Gambling Commission are specifically excluded and shall not be deemed a solicitation under this chapter.

(j)    "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. (Ord. 5343 §19, 2017: Ord. 4162 §6, 1988)

5.17.020 LICENSE REQUIRED.

It shall be unlawful for any charitable organization, its members or employees, to solicit, collect or receive contributions in the City of Bremerton without first obtaining a regulatory "charity solicitation license."

It shall be unlawful for any professional fund raiser to solicit, collect or receive contributions in the City where it is represented that the proceeds of such solicitations or any part thereof are to be used for a charitable purpose without first obtaining a regulatory "professional fund raiser license" in addition to a City business license.

Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. (Ord. 5343 §20, 2017; Ord. 4162 §6, 1988)

5.17.030 LICENSE - APPLICATION.

In addition to the application requirements of Chapter 5.03, the following information shall be provided by the applicant for a "charity solicitation license" or "professional fund raiser license":

(a)    The purpose for which such solicitation or sale is to be made and an estimate of the total amount to be raised thereby.

(b)    The manner in which the solicitation will be conducted and an estimate of the cost of solicitation and the cost of promotion, if any, and of the net proceeds expected for the charitable purpose.

(c)    The time when such solicitations or sale shall be made, giving the preferred dates of the beginning and ending of such solicitations.

(d)    If a professional fundraiser is to be employed, a copy of the contract between the promoter and the charitable organization.

(e)    A certified copy of the resolution or other action authorizing the solicitation from the charitable organization.

(f)    The name(s) and address(es) of the person or persons by whom the receipts of such solicitations or sale shall be disbursed.

(g)    A full statement of the character and extent of the charitable work being done by the applicant in the City.

(h)    A statement to the effect that, if licensing is granted, it will not be used or represented in any way as an endorsement of the solicitation conducted thereunder by the City of Bremerton, any department, officer, or employee thereof.

(i)    Written verification of current registration and required bonding with the Secretary of State’s office pursuant to RCW 19.09. (Ord. 4162 §6, 1988)

5.17.040 CHARITY SOLICITATION LICENSE - TERMS.

The license shall not exceed sixty (60) days. Each new solicitation given by or for a charitable organization will require separate application and licensing. If the charitable organization promotes and administers its own charitable solicitation, then a list showing the names of all solicitors and locations of the solicitations must be provided upon request. Each solicitor shall provide proper credentials identifying him/herself and the sponsoring charitable organization to those persons being solicited. (Ord. 4368 §8,1992; Ord. 4192 §1, 1989; Ord. 4162 §6, 1988)

5.17.050 PROFESSIONAL FUND RAISER LICENSE - TERMS.

The license shall not exceed sixty (60) days. A list showing the names of all solicitors and locations of the solicitation must be provided to the Director. Each solicitor shall provide proper credentials identifying him/herself and the sponsoring charitable organization and the promoter to those persons being solicited. (Ord. 5343 §21, 2017: Ord. 4368 §10, 1992; Ord. 4192 §2, 1989; Ord. 4162 §6, 1988)

5.17.060 LICENSE - GROUNDS FOR DENIAL.

The Director shall grant licensing under this chapter unless it is found that one (1) or more of the following facts exist:

(a)    That the applicant is or has engaged in fraudulent transactions or enterprises relating to soliciting charitable contributions.

(b)    That the solicitation on behalf of applicant would be a fraud upon the public. (Ord. 5343 §22, 2017: Ord. 4162 §6, 1988)

5.17.070 BOOKS AND RECORDS.

Every person receiving contributions for a charitable purpose shall give a signed, written receipt therefor. Every person managing or supervising the solicitation of contributions for charitable purposes shall maintain a system of accounting wherein all donations and disbursements are recorded and which shall be open to inspection at all reasonable times to the Director or such person as (s)he shall designate. (Ord. 5343 §23, 2017: Ord. 4162 §6, 1988).

5.17.090 PENALTY FOR VIOLATION.

All violations of this chapter shall be deemed misdemeanors. (Ord. 4162 §6, 1988).