Chapter 5.70
CHARITABLE SOLICITATIONS

Sections:

5.70.010    Definitions.

5.70.020    Soliciting for private needs prohibited.

5.70.030    Permit – Required – Exemptions.

5.70.040    Permit – Application – Contents.

5.70.050    Permit – Application – Investigation.

5.70.060    Permit – Application – State registration in lieu of.

5.70.070    Permit – Issuance.

5.70.080    Repealed.

5.70.090    Permit – Term.

5.70.100    Credentials.

5.70.110    Permit – Expiration – Return.

5.70.120    Written receipts required.

5.70.130    Repealed.

5.70.140    Permit – Suspension or revocation – Notice to Kenmore police department.

5.70.150    Books and records of permit holders.

5.70.160    Financial report.

5.70.170    Religious solicitations – Certificate of registration – Required.

5.70.180    Religious solicitations – Certificate of registration – Regulations.

5.70.190    Fraudulent misrepresentation and misstatements prohibited.

5.70.200    Violation – Penalty.

5.70.210    Civil penalty.

5.70.220    Additional enforcement.

5.70.230    Repealed.

5.70.010 Definitions.

The following words and terms of this chapter, unless a different meaning clearly appears from the context, shall mean as follows:

A. “Charitable” means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported; provided, such term shall not include “religious” and “religion,” which terms shall be given their commonly accepted definitions;

B. “Contributions” means and includes alms, food, clothing, money, credit, subscription, property, financial assistance or other thing of value and including any donations under the guise of a loan of money or property;

C. “Direct gift” means and includes an outright contribution of food, clothing, money, credit, property, financial assistance or other thing of value to be used for a charitable or religious purpose and for which the donor receives no consideration or thing of value in return;

D. “Person” means any individual, firm, partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof;

E. “Promoter” means any person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation, but shall not include either a bona fide full-time salaried officer or employee of a charitable organization whose salary or other compensation is not computed on funds raised or to be raised, or a temporary employee who is employed to contact volunteer workers by telephone but who may not himself solicit contributors directly;

F. “Sale and benefit affair” means and includes, but is not limited to, athletic or sports event, bazaar, benefit, campaign, circus, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, theater or variety show, which the public is requested to patronize or attend or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;

G. “Solicit” and “solicitation” mean the request within the City directly or indirectly of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose, and include:

1. Any oral or written request;

2. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;

3. The making of any announcement to the press, by radio or television, by telephone or telegraph, concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, circus, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, theater or variety show, which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;

4. The sale of, offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, subscription, ticket, admission, article or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious organization, association or person is used or referred to in any such appeal or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose.

A “solicitation” shall be deemed completed when made, whether or not the person making the same received any contribution or makes any sale referred to in this section. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.010).]

5.70.020 Soliciting for private needs prohibited.

No person shall solicit contributions for himself in or upon any public street or public place in the City. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.020).]

5.70.030 Permit – Required – Exemptions.

It is unlawful for any person to solicit contributions for any charitable purpose within the City without a “charitable solicitation permit” issued by the city manager authorizing such solicitation; provided, however, that the provisions of this section shall not apply to:

A. Solicitations by any organization operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any person, if the solicitations by such organization are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies, meetings or services of any such organization;

B. Any charitable organization which does not solicit and collect contributions in this City in excess of $2,500 in any one-year period all of such fundraising functions are carried on by persons who are unpaid for their services. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.030).]

5.70.040 Permit – Application – Contents.

An application for a charitable solicitation permit shall be made to the city manager upon forms provided by the city manager. Such application shall be executed under oath by the applicant, and if a promoter is involved in the solicitation, the promoter shall likewise execute under oath such application. The application shall be submitted to the city manager at least 30 days prior to the time at which the permit applied for shall become effective; provided, however, that the city manager may for good cause shown allow the application to be submitted less than 30 days prior to the effective date of the permit applied for. The application herein required shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

A. The name and address or headquarters of the person applying for the permit;

B. If applicant is not an individual, the names and addresses of the applicant’s principal officers and managers, and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant’s records;

C. If some organization other than the applicant is to be the beneficiary of the funds solicited hereunder and if that beneficiary organization’s name will be used in the campaign of solicitation, there must be filed with the city manager a statement signed by the board of directors or other governing body of that beneficiary organization, authorizing the use of that organization’s name in the solicitation campaign;

D. The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;

E. The name and address of the person or persons by whom the receipts of such solicitation shall be disbursed;

F. The names, addresses and dates of birth of the person or persons who will be in direct charge of conducting the solicitation and the names and dates of birth of all promoters connected or to be connected with the proposed solicitation;

G. An outline of the method or methods to be used in conducting the solicitation and location of any telephone solicitation headquarters;

H. The time when such solicitations shall be made, giving the dates for the beginning and ending of such solicitations;

I. The amount of any wages, fees, commissions, salaries, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;

J. A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, the statement giving the amount of money so raised, together with the cost of solicitation, and final distribution of the balance. This financial statement shall be submitted on a uniform reporting form provided by the city manager;

K. A detailed statement of the charitable work being done by the applicant within the City;

L. An itemization of the estimated cost of the solicitation;

M. A statement that the cost of the solicitation will not exceed 20 percent of the total gross amount to be raised by direct gifts, 55 percent of the total gross amount to be raised by sale and benefit affairs, and that in either case all wages, fees, commissions, salaries and emoluments paid or to be paid to all salesmen, solicitors, collectors, conductors and managers will not exceed 20 percent of the total gross amount collected;

N. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the City or by any department or officer thereof of solicitations made thereunder;

O. A statement that applicant, and if applicant is not an individual, its principal officers, and any promoter, has read and understands the provisions of this chapter;

P. Such other information as may be reasonably required by the city manager in order for him to determine the character of the applicant and/or promoters and agents and the kind and character of the proposed solicitation.

If, while any application is pending or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the city manager in writing thereof within 24 hours after such change. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.040).]

5.70.050 Permit – Application – Investigation.

The city manager shall examine all applications filed and shall make, or cause to be made, such further investigation of the application and the applicant as the city manager deems necessary. Upon request by the city manager, the applicant shall make available for inspection by the city manager, or any person designated as his representative for such purpose, all of the applicant’s books, records and papers at any reasonable time before the permit is granted, during the time a permit is in effect, or after a permit has expired. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.050).]

5.70.060 Permit – Application – State registration in lieu of.

KMC 5.70.040 and 5.70.050 shall not apply to any person who has fully complied with the laws of the State of Washington relating to charitable solicitation and has received a valid registration provided:

A. Such person furnishes a sworn statement that State law relating to charitable solicitation has been fully complied with and that the State registration is current and has not been revoked; and

B. Such person files with the city manager duplicate copies of all applications for registration, correspondence, instruments, documents and papers filed with the appropriate State officer or agency; and

C. Such person pays to the city manager the appropriate fees; and

D. Such person does not use a method of solicitation or a promotional plan in violation of this chapter.

The city manager shall issue a charitable solicitation permit to any person who complies with this section and KMC 5.70.070. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.060).]

5.70.070 Permit – Issuance.

A. The city manager shall issue the permit provided he finds the following facts to exist:

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

2. The applicant and the officers of the organization on whose behalf charitable solicitations are to be made and all persons supervising the solicitations and any promoters connected therewith shall not, to the knowledge of the applicant and/or promoter, have had a record of arrest and conviction with any federal or State law enforcement agency involving misstatement, misrepresentation, deception or fraud;

3. The control and supervision of the solicitation will be under responsible and reliable persons;

4. The applicant (and if not an individual, the officers, agents or promoters) has not engaged in any fraudulent transactions or enterprises;

5. The proposed solicitation will be conducted to finance the charitable cause described in the application, and not for purposes of private gain;

6. The cost of raising the funds will not exceed 20 percent of the total gross amount to be raised by direct gifts, or 55 percent of the total gross amount to be raised by sale and benefit affairs, and that in either case all wages, fees, commissions, salaries or emoluments paid or to be paid to all salesmen, solicitors, collectors, conductors and managers will not exceed 20 percent of the total gross amount collected;

7. The method or methods for solicitation outlined in the application do not include any of the following methods of solicitation:

a. Charitable solicitations by children under 14 years of age where the children will be paid for such solicitation or retain a portion of the solicited funds. This prohibition shall not apply where both of the following exist:

(1) The children are members of the organization for whose benefit the solicitation is made; and

(2) All funds so solicited, less permissible costs, shall be expended locally and solely for the direct benefit of children in such organization;

b. Delivery by mail or otherwise of any unordered merchandise;

c. Solicitation by means of coin or currency boxes or receptacles except when:

(1) Each such box or receptacle shall be the responsibility of a bona fide member, agent or solicitor of the soliciting organization;

(2) Such responsible person shall be required to pick up each such box or receptacle at the end of the solicitation period; and

(3) The use of such boxes and receptacles in the solicitation is expressly authorized by the city manager;

8. The person or organization has tax-exempt status from the government of the United States.

B. The city manager may request the city police department to investigate the truth of the statements in the application and all other matters which tend to aid the city manager in determining whether to grant the permit. The city police department shall report to the city manager any reasons he may have for objecting to the granting of a permit.

C. The city manager is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter, and it is unlawful to violate or not to comply with any of the rules and regulations. All of such rules and regulations as promulgated by the city manager from time to time shall be reduced to writing and shall be made available to applicants under this chapter. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.070).]

5.70.080 Permit – Fees.

Repealed by Ord. 15-0402. [Ord. 02-0139 § 1; Ord. 98-0017 §§ 1, 2 (KCC 6.76.080).]

5.70.090 Permit – Term.

A. All charitable solicitation permits issued under this chapter shall be dated and shall bear the name and address of the person to whom issued and of the organization on whose behalf solicitation may be done and shall be valid for one year from date of issue.

B. If an annual permit is applied for and denied, the applicant shall be entitled to a public hearing.

C. Such permits shall not be transferable and shall state that the same is not an endorsement by the City for the purpose of the solicitation or of the person making the same. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.090).]

5.70.100 Credentials.

All persons to whom charitable solicitation permits have been issued shall furnish to each of their agents and solicitors credentials approved as to form by the city manager. Such credentials shall include the permit number, the name and telephone number of the permit holder, the purpose of the solicitation, the signature of the applicant, and the name, address and signature of the solicitor to whom such credentials are issued, and the period of time during which the solicitor is authorized to solicit on behalf of the permit holder. The city manager may authorize the use of the identification approved by the Director of the Department of Motor Vehicles for the State of Washington for any person or organization validly registered under the charitable solicitation law, provided the above information appears thereon. It is unlawful for any person to solicit under any such charitable solicitation permit without having in his possession the credentials required by this section. The credentials must be shown, upon request, to all persons solicited or to any police officer of the City or agent of the city manager. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.100).]

5.70.110 Permit – Expiration – Return.

Any charitable solicitation permit shall be returned to the city manager within seven days of its date of expiration. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.110).]

5.70.120 Written receipts required.

Any person receiving money or anything having a value of $1.00 or more from any contributor under a solicitation made pursuant to a charitable solicitation permit shall, upon request, give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date and the amount received; provided, however, that this section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the express approval of the city manager. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.120).]

5.70.130 Renewal of license, registration or permit – Late penalty.

Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.76.130).]

5.70.140 Permit – Suspension or revocation – Notice to Kenmore police department.

The city police department shall be notified by the city manager of the suspension or revocation of any charitable solicitation permit. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.140).]

5.70.150 Books and records of permit holders.

Every person to whom a charitable solicitation permit has been issued under this chapter shall maintain a system of accounting whereby all contributions and all disbursements are entered upon the books or records of such person’s treasurer or other financial officer. For each solicitation a separate folder containing all vouchers supporting the accounting and containing a record of all contributions and disbursements will be maintained and available for inspection by the city manager for a period of one year from the end of the period of solicitation. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.150).]

5.70.160 Financial report.

Within 30 days after completing solicitation, the holder of a charitable solicitation permit shall furnish the city manager with a detailed financial report and statements showing the amount raised by solicitation under the permit, the amount expended in soliciting, including a detailed account of all wages, fees, commissions and expenses allowed or paid anyone in connection with such solicitation, and a statement of the disposition of the balance, and proof of such disposition shall be furnished the finance director on request. All monies or things of value collected under such permit shall be reported. The financial report required by this section shall be submitted on a uniform form provided by the city manager. The city manager shall keep the report available for inspection by the public; provided, however, the city manager may extend the time for filing of the report required by this section for an additional period of 30 days or longer upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. Any charitable organization having a one-year permit shall file with the city manager a copy of the independent certified audit of its financial books and records within 10 days after the same has been obtained. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.160).]

5.70.170 Religious solicitations – Certificate of registration – Required.

A. No person shall solicit contributions for any religious purpose within the City without a certificate of registration issued by the city manager; provided, however, that the provisions of this section shall not apply to solicitations by any religious organization conducted among the members thereof by other officers or members voluntarily and without remuneration for making such solicitations, or to solicitations for or collections of contributions at the regular assemblies, meetings or services of such organizations. Application for a certificate shall be made to the city manager upon forms provided by him. Such application shall be sworn to or affirmed, and shall contain the following information, or in lieu thereof, a statement of the reason or reasons why such information cannot be furnished:

1. The name and local address or headquarters of the person applying for the certificate;

2. If applicant is not an individual, the names and addresses of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant’s records;

3. The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;

4. The name and address of the person or persons by whom the receipts of such solicitation shall be disbursed;

5. The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;

6. An outline of the method to be used in conducting the solicitation;

7. The time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitations;

8. The estimated cost of the solicitation;

9. The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;

10. A financial statement for the last preceding fiscal year of any funds solicited by the applicant for religious purposes from the public pursuant to a certificate of registration hereunder, said statements giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;

11. A detailed statement of the religious work being done by the applicant within the City;

12. A statement to the effect that the certificate will not be used or represented in any way as an endorsement by the City or by any department or officer thereof.

B. If, while any application is pending or during the term of any certificate granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the city manager in writing thereof within 24 hours after such change. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.170).]

5.70.180 Religious solicitations – Certificate of registration – Regulations.

Upon receipt of such application, the city manager shall issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six months after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of a new application. Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued and a statement that the certificate does not constitute an endorsement by the City or by any of its departments or officers of the purpose or the person conducting the solicitation. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors in the same manner and subject to the same conditions relating to credentials to solicit for charitable purposes. No person shall solicit under any such certificate of registration without such credentials in his possession, and such person shall, upon demand, present these credentials to any person solicited or to the city manager or his agent or to any police officer of the City. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.180).]

5.70.190 Fraudulent misrepresentation and misstatements prohibited.

It is unlawful for any person to directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, misrepresentation, deception or fraud in connection with any solicitation of any contribution for any purpose in the City or in any application or report filed in connection therewith. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.190).]

5.70.200 Violation – Penalty.

Any person who willfully violates any of the provisions of this chapter is, upon conviction thereof, punishable by a fine of not more than $250.00 or by imprisonment in the county jail for a term of not more than 90 days, or by both fine and imprisonment. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.200).]

5.70.210 Civil penalty.

In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the city manager. The city manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.210).]

5.70.220 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the city manager may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.76.220).]

5.70.230 Severability.

Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.76.230).]