Huron Municipal Code Ch. 5.16 Charitable Solicitations

Except as herein provided, no person, by house-to-house canvass, or in residences, apartment houses or hotels, or business buildings, or in any public building or place or on the public streets of the City either personally, or by telephone, or in any other manner, shall solicit memberships, advertising, money, property or anything of value or financial assistance of any kind, or sell any article, or service, or tickets of admission to any performance, athletic event, card party, benefit, lecture, picnic, dance, ball or other place of amusement, or entertainment whatsoever, on representation that such solicitation is for a charitable, patriotic or philanthropic purpose, or for the benefit of any person unless such person shall first have obtained a permit therefrom from the city council.

(Ord. 73 § 1, 1958)

Any person desiring a permit to so solicit funds shall make written application to the city council at least thirty-one (31) days prior to the commencement of the proposed solicitation. At the next council meeting after the filing of any such application the council may consider any such application or it may defer any action thereon pending such investigation and recommendation as the council may require and after such investigation and recommendation has been made, the council may grant or deny such application. For good cause, the council may allow the filing of the application less than thirty-one (31) days prior to the effective date of the permit applied for.

(Ord. 73 § 2, 1958)

Each application made for such a permit shall state the name of the person or organization by whom such solicitation is to be made, and the names of the persons who will solicit or direct the solicitation of such funds. The purpose for which such solicitation is made, the use to be made of the funds derived therefrom and such other information as the council may from time to time desire shall be stated in such application. Every application shall state the dates between which such solicitation will be made.

The applicant shall furnish a statement of the estimated cost of the solicitation, including a percentage statement as to the cost with relation to the amount to be collected.

Each agent, solicitor or promoter shall be fingerprinted by the police department, and the signature of each such person shall accompany the application, except that these requirements may be waived by the police department in the case of permanent residents of the City of Huron.

(Ord. 73 § 3, 1958)

The council may in its discretion require the applicant or person by or for whom such solicitation is to be made to render such financial statement as it may deem necessary to show that said funds will be devoted to the purpose for which such solicitation is to be made.

(Ord. 73 § 4, 1958)

The city council may, in its discretion waive any or all of the requirements of Sections 5.16.020 through 5.16.040, when the applicant is known to be a bona fide charitable organization of recognized integrity and standing reputation as such.

(Ord. 73 § 5, 1958)

The city council may deny the issuance of any permit if satisfied that such purpose or object of such solicitation is not worthy or not compatible with the public interest or is satisfied that such solicitation will result in a multiplicity of solicitations for the same or similar causes or purpose, or that the applicant and/or other person to be engaged in such solicitations are not of good character, or if the total costs and expenses of such solicitation are disproportionate to the sum proposed to be collected thereby.

(Ord. 73 § 6, 1958)

No permit shall be issued for a longer period than one (1) year and only for such a period reasonably required to complete such solicitation. Said permit may include the applicant together with its agents and representatives named in said application.

(Ord. 73 § 7, 1958)

Persons to whom a permit is issued, shall be supplied for each individual solicitor, a card identifying the solicitor, indicating the date for which solicitation has been authorized and containing a statement that the solicitation is being made pursuant to a valid permit authorized by the city council under the provisions of this chapter, which card shall be displayed to any person upon request.

(Ord. 73 § 8, 1958)

A. The provisions of this chapter shall not apply to solicitations made upon premises owned or occupied by the organization upon whose behalf such solicitation is made; nor to solicitation for the relief of specific individuals specified by name at the time of the solicitation, where the solicitor represents in each case that the entire amount collected without any deduction whatever shall be turned over to the named beneficiary, nor shall it be applicable to any corporation or any unincorporated association soliciting contributions solely from persons who are members thereof at the time of such solicitation.

B. The provisions of this chapter shall not apply to churches, fraternal organizations, clubs or societies which have been in existence in, and which have regularly maintained headquarters or a place of worship in the City of Huron for a period of at least five (5) years next preceding the date on which such activity shall be begun.

C. The provisions of this chapter shall not apply to the following nationally known organizations, their good character and reputation already being commonly known: The American Red Cross, Boy Scouts of America, Girl Scouts of America, Salvation Army, and the National Foundation of Infantile Paralysis. The city council by resolution may from time to time add to this list of organizations.

(Ord. 73 § 8, 1958)

The city council may, upon written complaint filed with it, or upon its own motion, if it be found that any person soliciting under a license issued under the provisions of this chapter of any representative of such solicitor, is misrepresenting in regard thereto, or is using such permit as an endorsement of such solicitation, suspend or revoke such permit.

(Ord. 73 § 10, 1958)

Any person, firm or corporation, who shall violate any provision of this chapter shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed five hundred dollars ($500.00) or be imprisoned in the City jail not to exceed six months or shall suffer both such fine and imprisonment.

(Ord. 73 § 11, 1958)