[Derived from Sec. 7-4 of the 1969 Revised General Ordinances]
Whenever used in this article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
Includes patriotic, religious, service, welfare, benevolent,
educational, civic or fraternal corporations, organizations, associations
and societies.
Includes alms, food, clothes, money, subscription or property
of any nature or kind.
Any individual, firm, copartnership, corporation, company,
association, church, religious denomination, society, class or league.
The direct or indirect request for money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other things
of value will be used for a charitable and philanthropic purpose as
defined in this article. Solicitation shall be deemed to be complete
when made, whether or not the person making it receives any contribution.
No person or organization shall solicit charitable and philanthropic
contributions within the Borough without first obtaining a permit
authorizing such public solicitations, but the provisions of this
article shall not apply to established persons or organizations authorized
and not operated for pecuniary profit, if the solicitations by the
persons or organizations are conducted among the members or if the
solicitations are in the form of collections or contributions at the
regular assembly or meetings of the persons or organizations.
A.
Application for a permit to make a public solicitation of funds by
charitable and philanthropic organizations shall be made to the Clerk
upon forms provided by the Borough.
B.
In addition to the information stipulated in § 127-2 of Chapter 127, Licensing, the application shall contain the following information:
(1)
The purpose for which the solicitation is to be made and the estimated
amount of funds proposed to be raised.
(2)
A specific statement showing the need for the solicitation.
(3)
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
(4)
The names and addresses of all persons making the proposed solicitation.
(5)
A brief outline of the method to be used in conducting the solicitation.
(6)
The time and dates when the solicitation shall be made, giving preferred
and alternate dates for the beginning and ending of the solicitation.
(7)
The amount of any wages, fees, commissions or expenses to be paid
to any persons or organizations for conducting the solicitation and
their names and addresses.
(8)
A full statement of the character and extent of the charitable work
conducted by the applicant within the Borough.
(9)
A statement that, if approved, the permit will not be used or represented
as an endorsement of the proposed solicitation by the Borough or by
any of its officers or departments.
C.
If, while the application is pending or during the term of any permit
granted, there is any change in fact, policy or method that would
alter the information given in the application, the applicant shall
notify the Clerk in writing within 24 hours after the change.
If the application is approved, the Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, a notification of that decision shall immediately
be sent to the applicant by the Clerk stating the reasons for such
disapproval.
If the application has been disapproved, the applicant may appeal
the decision to the Council by filing a written notice of appeal with
the Clerk within 14 days after the notice of disapproval. The Council
shall hold a hearing within 10 days and its decision shall be final.
A.
It shall be the duty of the Clerk to keep a current calendar of approved
solicitations to be conducted within the Borough.
B.
The Clerk shall have the right to propose alternate dates for a solicitation
if the requested dates conflict unfairly with other solicitations
being conducted within the Borough.
There shall be no fee payable to the Borough for any charitable
solicitation permit.
No permit may grant the right to solicit for a period longer
than 90 consecutive days.
Any person or organization receiving money or any other thing
for a value of $1 or more from any contributor, under a solicitation
made pursuant to this article, shall give the contributor a written
receipt signed by the solicitor showing the date and the amount received,
but this article shall not apply to any contribution collected by
means of a closed box or receptacle approved for the solicitation
by the Council, where it is impractical to determine the amount of
each contribution.
All solicitations conducted under the authority of this article
shall take place between the hours of 10:00 a.m. and 9:00 p.m., and
no solicitations shall be conducted on Sundays. Any person or organization
desiring to solicit at other hours shall make a special request on
the application, and this special request shall be approved or disapproved
by the Council. If granted by the Council, the approval shall be plainly
stamped on the permit.
