City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1961 §32.01; Ord. No. 1052, 4-7-1958]
There is hereby created, for the administration of this Chapter, a Charity Solicitations Commission, composed of three (3) to five (5) members, who shall serve without remuneration for such services. Such Commission shall consist of the Chief of Police, the City Manager, and the Chief of the Fire Department; and two (2) additional members may be appointed by the Council. No one shall be appointed as a member of the Commission who is the organizer or local head of any charitable, educational or philanthropic agency. The two (2) additional members who may be appointed shall serve for a period of four (4) years, and any vacancy occurring shall be filled in the same manner as provided for the original appointment.
The Commission shall elect its own officers, determine its time and place of meeting, and shall, except as herein provided, adopt such other regulations as in its own judgment shall be necessary for the successful administration of the provisions and consummation of the purpose of this Chapter. A majority of the members shall constitute a quorum for the prosecution of business.
The Commission shall have power to issue permits and revoke permits as provided in this Chapter and the further power to summon witnesses, take testimony, direct investigations, conduct hearings and do and perform all other acts which may be necessary and proper within the scope of its duties and functions.
[CC 1961 §32.02; Ord. No. 1052, 4-7-1958]
It shall be unlawful for any person directly or indirectly, to solicit money, property or financial assistance of any kind, to sell or offer to sell any article, tag service, emblem, publication, ticket, advertisement subscription or anything of value, on the plea or the representation that such sale or solicitation, or the proceeds thereof, is for a charitable, patriotic or philanthropic purpose, on the streets, in any office or business building, by house-to-house canvass, or in any other private or public place, by telephone, personal solicitation, by mail, or in any other way, in the City, unless such person shall have first obtained a permit as herein provided in this Chapter.
The provisions of this Section shall not apply to any established society, association or corporation that is organized and operated exclusively for philanthropic, benevolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where the solicitation of such organization shall be conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for such solicitations, or where such solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organizations, or of any branch thereof.
[CC 1961 §32.03; Ord. No. 1052, 4-7-1958]
Application for a permit to solicit for any cause, required by Section 625.020, shall be sworn to and addressed to the Secretary of the Charity Solicitations Commission, and shall contain the following information:
Name of organization applying for a license to solicit, and the address of its headquarters.
Names and addresses of its principal officers and management.
The purpose for which such solicitation is to be made and the use or disposition to be made of any receipts therefrom.
The name of the person or persons by whom the receipts of such solicitation shall be disbursed.
The name and address of the person or persons who will be in direct charge of conducting the solicitation.
An outline of the methods to be used in conducting the solicitations.
The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitations.
The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions or emoluments are to be expended, to whom paid and the amount thereof.
A financial statement for the last preceding fiscal year, if any, of any funds collected for the purposes set out in Section 625.020 of this Chapter, by the organization or persons seeking a license for such solicitations; such statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof.
A full statement of the character and extent of the charitable or philanthropic work being done by the applicant organization within the City.
Such other information as may be required by the Charity Solicitations Commission, in order for such Commission to fully determine the kind and character of the proposed solicitation, and as to whether such solicitation is in the interests of, and not inimical to, the public welfare.
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 Charity Solicitations Commission or by any member thereof, or by the City.
[CC 1961 §32.04; Ord. No. 1052, 4-7-1958]
Permit. Upon receipt of the application provided for in Section 625.030, the Charity Solicitations Commission shall make, or cause to be made, such investigation as shall be deemed necessary in regard thereto. If satisfied that such solicitation is to be for a bona fide charitable, patriotic or philanthropic purpose, that such solicitation is prompted solely by a desire to finance the cause in question, that the organization for which solicitation is to be conducted is under the control and supervision of the responsible and reliable persons and that the cost of raising the funds shall be reasonable (in no event to exceed twenty-five percent (25%) of the total amount to be raised), the Commission shall certify such fact and the period such permit should run, to the Director of Finance.
The Director of Finance upon the receipt of such certificate and the payment of a fee of three dollars ($3.00) by the applicant, shall issue the permit.
The permit shall be non-transferable, and shall not run for more than three (3) months, provided, that the commission, upon receipt of an application for extension, may extend such permit for additional period of not to exceed three (3) months upon payment of three dollars ($3.00) by the applicant for each such extension period.
The Director of Finance shall issue, together with the permit, a sufficient number of facsimile copies of the permit to furnish all agents, members or representatives soliciting with a copy thereof, at a cost of three cents ($.03) each, to be paid by the organization obtaining the permit.
[CC 1961 §32.05; Ord. No. 1052, 4-7-1958]
It shall be unlawful for any person holding a permit, or for any agent, member or representative thereof, to advertise, represent or hold out in any manner, that such permit is an endorsement of the holder by the Charity Solicitations Commission, or by any member thereof, or by any organization which such member may represent, or by the City, but it shall be lawful for a permit holder to use, advertise and hold out the fact of its permit in the following words and no other: "Charities solicitations permit No. ____" including the serial number of its permit.
[CC 1961 §32.06; Ord. No. 1052, 4-7-1958]
The Charity Solicitations Commission may require from any permit holder any reports or information at such times and such intervals as in the discretion of the Commission shall be necessary for the proper administration of this Chapter and the public welfare of the City.
[CC 1961 §32.07; Ord. No. 1052, 4-7-1958]
The Charity Solicitations Commission shall have the power to revoke any permit it may have granted. If, upon the receipt of written information, or upon its own investigation, the Charity Solicitations Commission shall find that any agent or representative of the licensee is misrepresenting or making untrue statements with regard to the solicitations, or the purposes thereof, or has made untrue statements in the application, or that in any other way the solicitation has been conducted, or is being conducted, in violation of this Chapter, or in a manner inimical to the public welfare of the community, the Charity Solicitations Commission shall give the permit holder twenty-four (24) hours' notice in writing that a hearing is to be had. At such hearing the Commission shall ascertain the facts, and if any reason above set forth for revoking the permit is found to exist, the permit shall be revoked.
[CC 1961 §32.08; Ord. No. 1052, 4-7-1958]
It shall be unlawful for any person to obtain money or anything of value from any charitable organization or relief agency by means of any false representation in respect to the needs, requirements, unemployment or financial condition of the person for whom such money or thing of value is obtained.
[CC 1961 §32.09; Ord. No. 1052, 4-7-1958]
Any person on the roll or list of any charitable organization or relief agency, who continues to accept money or anything of value from such organization or agency, after employment is obtained by any member of the household of such person, without reporting such employment to such organization or agency, shall, for the purpose of this Chapter be deemed to have obtained such money or thing of value by means of false representation.