[Added 6-7-1994 by L.L. No. 9-1994]
A.
This Legislature hereby finds and determines that many individuals
who solicit charitable contributions on behalf of corporations often
do not disclose the percentage of the donation which they will retain.
B.
This Legislature further finds and determines that many individuals
may make charitable contributions thinking that the full amount of
such contributions are, in fact, being passed on to the charitable
organization on whose behalf the funds are being raised.
C.
This Legislature further finds that many bogus organizations solicit
funds from unsuspecting citizens by holding themselves out as legitimate
local fire fighters or by falsely intimating that local volunteer
fire departments will benefit from the donations which are, in fact,
kept by these non-fire-fighting entrepreneurs.
D.
Therefore, the purpose of this article is to impose a requirement
that anyone soliciting for charitable contributions on behalf of a
third party and retaining more than 20% of such donations filed with
the Office of Citizen Affairs, disclose to the Office the percentage
of the donation retained by such a solicitor, and that any fire-fighting-related
solicitations be performed only by such groups that are licensed by
the County.
As used in this article, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, patriotic or eleemosynary
person or one purporting to be such or law enforcement support organization
as defined in § 171-a, Subdivision 11, of the New York Executive
Law.
The promise or grant of any money or property of any kind
or value, whether or not in combination with the sale of goods, services,
entertainment or any other thing of value, including a grant or other
financial assistance from any agency of government, except payments
by members of any organization for membership fees, dues, fines or
assessments, or for services rendered to individual members, if membership
in such organization confers a bona fide right, privilege, professional
standing, honor or other direct benefit, other than the right to vote,
elect officers or hold offices.
The Director of the Suffolk County Office of Citizen Affairs.
The Suffolk County Office of Citizen Affairs.
Any individual, organization, group, association, partnership,
corporation or any combination of them.
Any person who, directly or indirectly:
For compensation or other consideration, plans, manages, conducts,
carries on or assists in connection with a charitable solicitation
or individually solicits or who employs or otherwise engages on any
basis another person to solicit in this state for or on behalf of
any charitable organization or any other person, or who engages in
the business of, or holds himself out to persons in this state as
independently engaged in the business of, soliciting for such purpose;
Solicits by telephone or door-to-door and advertises a sale,
performance or event which will benefit a charitable organization;
or
Advertises a sale, performance or event which will benefit a
charitable organization.
A bona fide officer, volunteer or employee of a charitable organization
or fund-raising counsel shall not be deemed a professional fund-raiser.
Any person who is employed or retained for compensation by
a professional fund-raiser to solicit contributions for charitable
purposes or for the purposes of any law enforcement support organization
from persons in this state.
A.
Any person, professional solicitor or professional fund-raiser who
solicits contributions within the County of Suffolk on behalf of any
third party for or on behalf of a charitable organization and retains
more than 20% of the contribution shall file with the Office and disclose
to the Office the following information:
(1)
The charitable organization on whose behalf a contribution is being
sought.
(2)
Whether or not such person, professional solicitor or professional
fund-raiser will be retaining a percentage of the donation as compensation
for services rendered or for payment to any other parties.
(3)
If such contribution is being retained, the precise percentage of
the donation being so retained.
B.
The Office shall make such information available to citizens upon
request.
It shall be unlawful for any person, professional solicitor
or professional fund-raiser to engage in the solicitation of contributions
within the County of Suffolk for or on behalf of any fire department
or fire-services support organization without first obtaining a license
from the Office in accordance with the provisions of this article
in the following circumstances:
A.
If such person, solicitor or fund-raiser retains or intends to retain
more than 20% of any amount so solicited; or
B.
If such person, solicitor or fund-raiser is soliciting contributions
for or on behalf of a fire-fighting organization located within the
County of Suffolk regardless of the amount so solicited being retained
by said person, solicitor or fund-raiser.
A.
All applications for licenses shall be submitted in writing on forms
furnished by the Office and shall be accompanied by a nonrefundable
application fee in the amount set forth in the appropriate section
of this article.
B.
The license application shall be filed by an actual fund-raiser or
solicitor of contributions for or on behalf of charitable organizations
and shall be signed under oath. Where a corporation is an applicant
or a participant in an application, the application shall be signed
under oath by an officer of such corporation.
C.
All applications shall include the residence address of the individual
who subscribes his name to the application.
D.
The Director may require the names and residence addresses of any
employees or officers of the applicant, in addition to any other information
which he or she many deem advisable and proper.
E.
An individual applicant must be at least 18 years of age and of good
character.
F.
The Director shall investigate such applicant as to good character
before he or she shall issue the applicant a license.
G.
Applicants shall meet such further qualifications as may be prescribed
by this section and any other appropriate section of this article.
H.
The Office shall issue a license or temporary license to each applicant
who has submitted satisfactory evidence of his qualifications and
who has complied with all of the requirements of this article.
[Amended 12-18-1995 by L.L. No. 1-1996; 6-6-2000 by L.L. No.
11-2000; 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
A.
All licenses, except temporary licenses, shall be for periods of
two years from the date of issuance thereof at the discretion of the
Office and shall expire on the last day of the 24th month of such
issuance. Subsequent renewals shall be for periods of two years. The
initial application fee shall be $200. The fee for a charitable solicitation
license shall be $200 per annum, and the biennial renewal fee shall
be $400.
[Amended 8-5-2008 by L.L. No. 32-2008]
B.
No license issued hereunder shall be assignable or transferable.
C.
Failure to make application and pay the required annual fee for a
license renewal prior to the expiration date of said license shall
render the license null and void on the expiration date. Compliance
with the provisions of this subsection shall entitle the licensee
to the renewal of his or her license, provided that such license has
not been suspended or revoked by the Director.
D.
The death of an individual who holds a valid license issued pursuant
to this article shall terminate such license.
E.
A license issued in the name of an individual may be assigned or
transferred for the remainder of the license period to a partnership,
corporation or other entity, provided that the individual holding
such license is a general partner of such partnership, the owner of
not less than 25% of the outstanding voting shares of such corporation
or the holder of not less than a twenty-five-percent interest in any
other entity at the time of the assignment or transfer. The application
for such transfer or assignment must be accompanied by evidence satisfactory
to the Director that the above set forth requirements have been satisfied.
No assignment or transfer shall become effective until proper endorsement
evidencing said transfer or assignment has been made on the face of
the license by the Director, and such license, so endorsed, has been
returned to the assignee or transferee. All such endorsements shall
be made by the payment of a fee of $25.
F.
Each individual licensee shall, within seven business days after a change of control of ownership or of management, apply for the assignment or transfer of a license specified in Subsection E or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Office, in writing, of such change.
G.
No licensee shall authorize or permit the use of his or her license
by or on behalf of any other person.
H.
Each licensee shall, within seven business days after a change of
address, notify the Office in writing of such change.
I.
A licensee who determines not to engage in the solicitation regulated
herein may make application to the Office to inactivate temporarily
his or her license issued pursuant to this section for a period not
to exceed three years. The licensee will submit with the application
for shelving said license a fee of $50 for each annual period of inactivity
sought.
J.
No applicant for a license or license renewal shall have any outstanding
judgment for child support against him or her, or be in arrears in
child-support payments as determined by official court records or
official government records, at the time an application is filed for
such license or license renewal. If an applicant has such a judgment
against him or her, or is in such arrears, but is current in payments
on a judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for a license or license
renewal on the grounds of such judgment or arrears. At least 30 days
prior to the expiration of a license, the Office shall send a written
notice to a licensee informing said licensee of his or her obligation
to comply with the provisions of this section pertaining to compliance
with child-support obligations. If necessary, a second written notice
shall be sent by the Office to a licensee 60 days after the license
has lapsed informing said licensee of his or her obligation to comply
with the provisions of this section pertaining to compliance with
the child-support obligations. In addition, the County Department
of Social Services, through its Child Support Enforcement Bureau,
shall notify all current noncustodial parents of the obligations contained
herein.
A duplicate license may be issued for a license which has been
lost, destroyed or mutilated, upon application therefor on a form
prescribed by the Director and the payment of a fee of $25. Each such
duplicate license shall have the word "duplicate" stamped across the
face thereof and shall bear the same number as the one it replaces.
A contract to solicit contributions entered into subsequent
to the effective date of this article by a person who engages in the
solicitation of funds by or on behalf of a charitable organization
and who, on the date of the contract, does not possess a valid license
to engage in such a solicitation shall be unenforceable by him or
her and shall be voidable at the option of any other party to the
contract. Nothing contained herein shall be construed to prevent any
other party to the contract from enforcing its terms.
A.
The Director shall have the power to impose a fine not to exceed
$500 upon a licensee or to suspend or revoke a license or to deny
an application for the renewal of a license for any one or more of
the following causes:
(1)
Fraud, deceit, misrepresentation or bribery in securing a license.
(2)
The making of any false statement in an application for a license.
(3)
Violation of any provision of this article, any other appropriate
law or any rule or regulation promulgated thereunder.
(4)
Fraud, deceit or misrepresentation in securing any donation.
B.
No license shall be suspended or revoked nor a fine imposed until
after a hearing has first been held before the Director upon at least
seven business days' notice to the licensee. Such notice shall be
served either personally or by certified mail, return receipt requested,
to the last known address of the licensee and shall state the date
and place of the hearing as well as enumerate the grounds constituting
the allegations against such licensee. The licensee may be represented
by counsel and may produce witnesses in his or her own behalf. A verbatim
record of the hearing shall be taken and preserved. For purposes of
such hearing, the Director may administer oaths, take testimony, subpoena
witnesses and compel the production of books, papers, records or other
documents deemed pertinent to the subject of the hearing.
A.
In addition to the powers and duties elsewhere prescribed in this
article, the Director shall have the power to:
(1)
Keep records of all licenses issued, suspended or revoked and all
fines adjudged.
(2)
Issue temporary licenses as may be necessary.
(3)
Promulgate such rules and regulations not inconsistent with the provisions
of this article as may be necessary with respect to the form and content
of applications for licenses; reception thereof; investigation of
applicants and their qualifications; the conduct, including advertising,
of fund-raisers or solicitors; and other matters incidental or appropriate
to his or her powers and duties as prescribed by this article and
for the proper administration and enforcement of the provisions of
this article; and to amend or repeal any such rules and regulations.
(4)
Require reasonable information of an applicant or licensee, including
the production of books, papers, records and other documents.
B.
No rule or regulation may be promulgated pursuant to Subsection A(3) herein unless a public hearing is first held by the Director. At least seven business days' prior notice of such public hearing shall be published in the official newspapers of the County. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the office of the Clerk of the County Legislature.
C.
Whenever in this article the Director is empowered to or charged
with the responsibility to do or perform any act, he or she may deputize,
in writing, any officer or employee of the office to do or perform
the act in his or her place and stead.
D.
Disposition of moneys received. All fees received by this Office
pursuant to the provisions of this article shall be remitted to the
County Comptroller for deposit in the general fund of the County within
30 days after they are received.
[Amended 6-17-2014 by L.L. No. 32-2014]
The action of the Director in adjudging fines or suspending,
revoking or refusing to issue or renew a license may be reviewed by
a proceeding brought under and pursuant to Article 78 of the New York
Civil Practice Law and Rules.
A.
The civil penalties prescribed by this article shall be recovered
by an action or proceeding in any court of competent jurisdiction.
All such actions or proceedings shall be brought on behalf of the
County of Suffolk by the County Department of Law. In addition, the
County Department of Law may institute any other action or proceeding
in any court of competent jurisdiction that may be appropriate or
necessary for the enforcement of the provisions of this article, including
actions to secure permanent injunctions enjoining any acts or practices
which constitute a violation of any provision of this article or rule,
or regulations promulgated hereunder, or for such other relief as
may be appropriate.
B.
In any such action or proceeding, the County Department of Law may
apply to any court of competent jurisdiction, or to a judge or justice
thereof, for a temporary restraining order or preliminary injunction
enjoining and restraining all persons from violating any provision
of this article, compelling or mandating compliance with the provisions
of this article or for such other relief as may be appropriate, until
the hearing and determination of such action or proceeding and the
entry of final judgment or order therein. The court, or judge or justice
thereof, to whom such application is made is hereby authorized forthwith
to make any or all of the orders above specified as may be required
by such application, with or without notice, and to make such other
and further orders or directions as may be necessary to render the
same effectual. No undertaking shall be required as a condition to
the granting or issuing of such order or by reason thereof.
The remedies and penalties provided for herein shall be in addition
to any other remedies and penalties provided under any other provisions
of law.
This article shall apply to solicitations made on or after July
1, 1994.
