§ 11-10-11. Notice of intention to solicit.  


Latest version.
  • (a)

    Required; contents. It shall be unlawful for any officer or member of any association to authorize any person to solicit, or for any person to solicit, within the city, any contribution for any charitable purpose or association, unless, within the fiscal year of the city in which such solicitation is made, and at least ten days prior to the beginning of such solicitation, there shall have been filed with the department, on a form furnished by the department, by such association upon whose behalf the solicitation is made or by such person, written notice of intention to solicit within the city such contribution, which notice shall contain complete information as follows:

    (1)

    Purpose. The purpose of the solicitation and the use of the contributions to be solicited.

    (2)

    Need. A specific statement, supported by reasons and, if available, figures, showing the need for the contribution proposed to be solicited.

    (3)

    Method. The character of such solicitation and how it will be made or conducted.

    (4)

    Expense. The expense of the solicitation including all commissions, costs of collection, salaries and other items, if any, regardless of from what funds such expenses are payable.

    (5)

    Net funds to be available. What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the notice of intention as the object of such solicitation.

    (6)

    Record of prior contributions and expenditures. A specific statement of all contributions collected or received by such association or by such person filing such notice of intention within the calendar year immediately preceding the date of such filing, and the expenditures or use made of such contributions, together with the names and addresses of all persons or associations receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof.

    (7)

    Names and addresses of officers. The names and addresses of the officers and directors of any such association for which the solicitation referred to in such notice of intention is proposed therein to be made.

    (8)

    Authorizing resolution. A copy of the resolution, if any, of any such association authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof.

    (9)

    Reading of provisions of this article. A statement that the signers of such notice have read and are familiar with the provisions of this article and will require all solicitors engaged in such solicitations to read and be familiar with the provisions of sections 11-10-2, 11-10-3, 11-10-4, 11-10-5, 11-10-13, 11-10-21 and 11-10-24 prior to making any such solicitation.

    (b)

    Information on agreements with solicitor. The signers of the notice of intention shall file with the department, with such notice of intention, a statement of any and all agreements or understandings made or had with any agent, solicitor, promotor, manager or conductor of such solicitation, together with at least one copy each of any such agreement or understanding which may be in writing. Within 24 hours of any change in any such agreement or understanding, or the making or having of any new, further or different agreement or understanding with any agent, solicitor, promotor, manager or conductor, the signers of the notice of intention shall file with the department a true copy of such change or new, further or different agreement or understanding if such change or new, further or different agreement or understanding is in writing, or written details thereof if not in writing.

    (c)

    Insufficient information. Whenever, in the opinion of the department, the notice of intention filed with the department does not disclose sufficient information for the public concerning the facts required in this section to be stated in such notice of intention, or concerning the person or association making such solicitation or on whose behalf such solicitation is made, then, upon the request of the department therefor, there shall be filed in writing by such person or association with the department, within 48 hours after such request is made upon such person or association, such additional information as may specifically be required by the department upon such subjects; provided, however, that the department, for good cause, may extend the time for so filing such additional information.

    (d)

    Required signatures; information to be available to public. The notice of intention and such additional information provided for in this section shall be signed by such person intending to make such solicitation, or, if such solicitation is to be made by or on behalf of any association, by at least two officers of such association, and shall be open to the inspection of the public.

(Ord. No. 90-11, § 3, 3-6-90)