41 of 1977 - Adding chapter 17A entitled Solicitations. HULL l.ALL
VOTING Aye Nay Salt Lake City,Utah, March 22 ,1977
Mr.Chairman
Agraz
I move t t the rdi ante be passed.
G e r �`
r�� h
Hogensen y. ll
Phillips - Y4-
Result - oN ORDINA _C /2,07
/ -GD
AN ORDINANCE AMENDING Title 20 of the Revised Ordinances of Sal
Lake City, Utah, 1965, relating to license and business regulation by
adding a new Chapter 17A.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Title 20 of the Revised Ordinances of Salt Lake
City, Utah, 1965, relating to license and business regulation be, and
the same hereby is amended by adding a new Chapter 17A as follows:
CHAPTER l7A
SOLICITATIONS
Sections:
20-17A-1. Definitions.
20-17A-2. Charitable solicitations permit required - exceptions.
20-17A-3. Application for charitable solicitations permit.
20-17A-4. Standards for board's action in granting or denying
applications for charitable solicitation permits.
20-17A-5. Fee for charitable solicitations permit.
20-17A-6. Religious solicitations.
20-17A-7. Application for religious solicitations certificate.
20-17A-8. Issuance of certificate.
20-17A-9. Standards for granting or denying applications for
religious solicitation certificates.
20-17A-10. Referral to citizen's committee.
20-17A-11. Solicitations permit and certificate - form of -
granting of is not endorsement by city - time limit.
20-17A-12. Permit and certificate not transferable - return of
upon expiration.
20-17A-13. Agents and solicitors for solicitations permit holders.
29-17A-14. Fraudulent misrepresentation and misstatements
prohibited.
20-17A-15. Identification and receipts required.
20-17A-16. Hearing after denial of application for a permit
or certificate - exceptions - decisions.
20-17A-17. Revocation of permit or certificate - hearing -
decision.
20-17A-18. Notice of suspension or revocation of permit or
certificate to chief of police.
20-17A-19. Books and records of permit or certificate holders.
20-17A-20. Report required from permit or certificate holder.
20-17A-21. Penalties.
20-17A-22. Separability.
2-
Sec. 2Q-17A-i. Definitions. Whenever used in the following
sections of this chapter, the following words shall be as herein
defined, unless a different meaning clearly appears from the
context:
(a) "Board" shall mean the board of commissioners of Salt
Lake City.
(b) "Charitable" shall mean and include the words patriotic,
philanthropic, social service, welfare, benevolent, educational,
civic, or fraternal, either actual or purported.
(c) "City" shall mean Salt Lake City, a municipal corporation
of the State of Utah.
(d) "Contributions" shall include the words alms, food,
clothing, money, subscription, property or donations under the
guise of a loan of money or property.
(e) "Persons" shall mean any individual, firm, co-partnership,
corporation, company, association, joint stock association,
church, religious sect, religious denomination, society, organiza-
tion or league, and includes any trustee, receiver, assignee,
agent, or other similar representative thereof.
(f) "Promoter" shall mean any person who promotes, manages,
supervises, organizes, or attempts to promote, manage, supervise,
or organize a campaign of solicitation.
(g) "Religious" and "religion" as used herein shall not mean
or include the word "charitable", but shall be given their commonly
accepted definitions.
(h) "Solicit" and "solicitation" shall mean the request directly
or indirectly of money, credit, property, financial assistance,
or any other thing of value on the plea or representation that
such money, credit, property, financial assistance or any other
thing of value will be used for a charitable or religious purpose.
These words shall also mean and include the following methods
of securing money, credit, property, financial assistance, or any
other thing of value on the plea or representation that it will
be used for a charitable or religious purpose:
(1) Any oral or written request;
(2) The distribution, circulation, or posting of any
hand-bill, written advertisement or publication;
(3) The sale of, offer or attempt to sell , or request a
donation for, any advertisement, advertising space, book,
card, chance, coupon, device, magazine, membership, merchandise,
subscription, ticket, fabricated poppy, or other flower, flag,
rosette, button, sticker, ribbon, token, trinket, tag, souvenir,
candy, or any other article or thing in connection with which
any appeal is made for any charitable or religious purpose,
or where the name of any religious person is used or referred
to in any such appeal as an inducement or reason for making
any such sale or donation, or when or where in connection with
any such sale, or donation, any statement is made that the
whole or any part of the proceeds of any such sale will go
to or be donated to any charitable or religious purpose.
A solicitation as defined herein shall be deemed complete
when made, whether or not the person making the same received
any contribution or makes any sale referred to in this section.
-3-
Sec. 20-17A-2. Charitable solicitations permit required -
exceptions. It shall be unlawful for any person whomsoever
anywhere in the city to solicit contributions for any charitable
purpose without first obtaining a permit from the board. Pro-
vided, however, that the provisions of this section shall not
apply to any established person organized and operated exclusively
for charitable purposes and not operated for pecuniary profit of
any person if:
(a) The solicitations by such established person are conducted
among the members thereof by other members or officers thereof,
voluntarily and without remuneration for making such solicitations,
or
(b) The solicitations are in the form of collections or con-
tributions at the regular assemblies or services of any such
established person.
Sec. 20-17A-3. Application for charitable solicitations permit.
An application for a permit to solicit as provided by section
20-17A-2 of these revised ordinances shall be made to the city
recorder's office upon forms provided by the city. Such applica-
tion shall be sworn to and filed with the city recorder's office
at least fifteen days prior to the time at which the permit applied
for shall become effective; provided, however, that the board
may for good cause shown allow the filing of an application less
than fifteen days prior to the effective date of the permit applied
for. The application herein required shall contain the following
information, or in lieu thereof, a detailed statement of the
reason or reasons why such information cannot be furnished:
(a) The name, address or headquarters of the person applying
for the permit;
(b) If applicant is not an individual, the names and addresses
of the applicant's principal officers and managers and a copy
of the resolution, if any, authorizing such solicitations, certi-
fied to as a true and correct copy of the original by the officer
having charge of applicant's records;
(c) The purpose for which such solicitations are to be made,
the total amount of funds proposed to be raised thereby, and the
use or disposition to be made of any receipts therefrom;
(d) A specific statement, supported by reason and, if available,
figures, showing the need for the contributions to be solicited;
(e) The name and address of the person or persons who will be
in direct charge of conducting the solicitations and the names of
all promoters connected or to be connected with the proposed
solicitations;
(f) An outline of the method or methods to be used in
conducting the solicitations;
(g) The time when such solicitations shall be made, giving
the preferred dates for the beginning and ending of such solici-
tations;
(h) The estimated cost of the solicitations;
(i) The amount of any wages, fees, commissions, expenses and
emoluments to be expended or paid to any person in connection
with such solicitations, and the names and addresses of all such
persons;
of
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(j) A financial statement of the last preceding fiscal year
of any funds collected for charitable purposes within the city
by the applicant, said statement giving the amount of money so
raised, together with the cost of raising it, and the final
distribution thereof;
(k) A full statement of the character and extent of the
charitable work being done by the applicant within the city;
(1) A statement that the actual cost of the solicitations
will not exceed 25% of the total amount to be raised;
(m) 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 city, or by any department, officer or employee thereof.
(n) Such other information as may be reasonably required by
the city attorney's office or the city recorder's office in
order to determine the kind and character of the proposed solici-
tations and whether such solicitations are in the interest of, and
not inimical to, the public welfare.
If, while any application is pending, or during the term of
any permit granted thereon, there is any change in fact, policy,
or method that would alter the information given in the applica-
tion, the applicant shall notify the city recorder's office in
writing thereof within one business day after such change.
Section 20-17A-4. Standards for board's action in granting
or denying applications for charitable solicitation permits.
The board shall issue a permit provided for in section 20-17A-2
hereof whenever it shall find the following facts to exist:
(a) That all of the statements made in the application are
true;
(b) That the applicant has a good character and reputation
for honesty and integrity, or if the applicant is not an individual
person, then every managing officer or agent of the applicant
has a good character or reputation for honesty and integrity;
(c) That the control and supervision of the solicitations will
be under responsible and reliable persons;
(d) That the applicant has not engaged in any fraudulent
transaction or enterprise;
(e) That the solicitations will not be a fraud on the public;
(f) That the solicitations are prompted solely by a desire
to finance a charitable cause described in the application, and
will not be conducted for private profit or gain;
(g) That the cost of raising the funds will be reasonable.
Any such cost in excess of 25% of the amount collected shall be
considered to be unreasonable, unless special facts are presented
showing that peculiar reasons make a cost higher than 25% reason-
able in the particular case.
The city recorder shall file in his office for public inspec-
tion, and shall serve upon the applicant by registered mail, a
written statement of the board's finding of facts and its decision
upon each application.
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Sec. 20-17A-5. Fee for charitable solicitations permit.
Before a permit is issued there shall be paid to the treasurer
of the city the sum of $5.00 as a permit fee and the sum of
Sot for each facsimile copy of the permit that is desired.
Sec. 20-17A-6. Religious solicitations. Registration and
certificate required. No person shall solicit contributions for
any religious purpose anywhere within the city without first
obtaining a certificate from the board; provided, however, that
the provisions of this section shall not apply to any established
religion organized and operated exclusively for religious purposes
and not operated for the pecuniary profit of any person if:
(a) The solicitations by such established religion are con-
ducted among the members thereof by other members or officers
thereof, voluntarily and without remuneration for making such
solicitations, or
(b) The solicitations are in the form of collections or
contributions at the regular assemblies or services of such
established religion.
Sec. 20-17A-7. Application for religious solicitations certi-
ficate. Application for a religious solicitations certificate,
required by section 20-17A-6 of these revised ordinances, shall
be made to the city recorder's office upon forms provided by the
city. Such application shall be sworn to, and shall contain
the following information, or in lieu thereof, a statement of the
reason or reasons why such information cannot be furnished:
(a) The name and address or headquarters of the person apply-
ing for the certificate.
(b) If applicant is not an individual, the names and addresses
of the applicant's principal officers and managers and a copy of
the resolution, if any, authorizing such solicitation, certified
to as a true and correct copy of the original by the officer
having charge of applicant's records;
(c) The purpose for which such solicitation is to be made,
the total amount of funds to be raised thereby, and the use and
disposition to be made of any receipts therefrom;
(d) The name and address of the person or persons who will be
in direct charge of conducting the solicitation, the names of all
promoters connected or to be connected with the proposed solicita-
tions and the names of all persons who will conduct solicitations.
(e) An outline of the method or methods to be used in con-
dusting the solicitations;
(f) The time when such solicitations will be made, giving the
preferred dates for the beginning and ending of such solicitations.
(g) The estimated cost of the solicitations.
(h) The amount of any wages, fees, commissions, expenses, or
emoluments to be expended or paid to any person in connection
with such solicitations and the names and addresses of all such
persons;
(i) A full statement of the character and extent of the
religious work being done by the applicant.
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(j) A statement to the effect that if a certificate is
granted, it will not be used or represented in any way as an
endorsement by the city, or by any department, officer, or employee
thereof.
(k) A statement that the actual cost of the solicitations
will not exceed 25% of the total amount to be raised.
(1) Such other information as may be reasonably requested
by the city attorney's office or the city recorder's office in
order to determine the kind and character of the proposed
solicitations.
If, while any application is pending, or during the term of
any certificate granted thereon, there is any change in fact,
policy, or method that would alter the information given in the
application, the applicant shall notify the city recorder in
writing thereof within one business day after such change.
Sec. 20-17A-8. Issuance of certificate. If it shall appear
from such application and the showing made thereby to the satis-
faction of the board that the applicant meets the qualifications
as hereinafter provided, the city recorder shall immediately upon
order of the board issue a certificate to the applicant or appli-
cants to engage in such solicitations by themselves, and by the
assistance of those designated in such application, or in such
amended lists.
The certificate shall remain in force and effect for a period
of 90 days after the issuance thereof, and shall be renewed upon
expiration of this period upon the filing of a new application
as provided for in this section.
Sec. 20-17A-9. Standards for granting or denying application
for religious solicitation certificates. The board shall issue
the certificate provided for in section 20-17A-6 hereof, whenever
it shall find the following facts to exist:
(a) That all of the statements made in the application are
true;
(b) That the applicant has a good character and reputation
for honesty and integrity, or if the applicant is not an individual
person, then every managing officer or agent of the applicant
has a good character or reputation for honesty and integrity;
(c) That the control and supervision of the solicitations
will be under responsible and reliable persons;
(d) That the applicant has not engaged in any fraudulent
transaction or enterprise;
(e) That the solicitations will not be a fraud on the public;
(f) That the applicant is a bona fide established religion
or a member thereof;
(g) That the solicitations are prompted solely by the desire
to finance the religious cause described in the application and
will not be conducted for private profit or gain;
(h) That the cost of raising the funds will be reasonable.
Any such cost in excess of 25% of the amount collected shall be
considered to be unreasonable unless special facts are presented
showing that peculiar reasons make a cost higher than 25% reason-
able in the particular case.
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The city recorder shall file in his office for public inspec-
tion, and shall serve upon the applicant by registered mail, a
written statement of the board's finding of facts and its decision
upon each application.
Sec. 20-17A-10. Referral to citizen's committee. The mayor
shall appoint a committee of citizens of city to assist in making
investigations concerning the issuance of permit or certificates
as provided in this chapter and to make recommendations to the
board for their information and assistance in determining the
qualifications and fitness of any applicant for a permit or
certificate hereunder.
Sec. 20-17A-11. Solicitations permit and certificate - form of -
granting of is not endorsement by city - time limit. Permits and
certificates issued under this ordinance shall bear the name
and address of the person by whom the solicitations are to be made,
the number of the permit or certificate, the date issued, the
dates within which the permit or certificate holder may solicit,
and a statement that the permit or certificate does not constitute
an endorsement by the city, or by any of its departments, officers
or employees of the purpose or of the person conducting the solici-
tations. All permits and certificates must be signed by the
city recorder. No permit may grant a right to solicit longer
than 60 days from its date and no certificate may grant a right
to solicit longer than 90 days from its date.
Sec. 20-17A-12. Permit and certificate not transferable -
return of upon expiration. Any permit or certificate issued
under this ordinance shall be non-transferable and shall be
returned to the city recorder within two days of the date of its
expiration, together with all facsimile copies thereof. In the
event the permit or certificate is lost, the holder or an officer
of the holder must certify to that fact.
Sec. 20-17A-13. Agents and solicitors for solicitations
permit holders. All persons to whom a permit or certificate
has been issued under this ordinance shall furnish proper cre-
dentials to their agents and solicitors. Such credentials shall
include the name of the permit or certificate holder, the date,
a statement describing said holder's charitable or religious
activities, a description of the purpose of the solicitations,
the signature of the permit or certificate holder or the holder's
chief executive officer, and the name, address, age, sex and
signature of the solicitor to whom such credentials are issued
and the specific period of time during which said solicitor is
authorized to solicit on behalf of the permit or certificate
holder. A copy of such credentials must be filed with the city
recorder at the time the application for a permit or certificate
is filed and must be approved by said recorder as conforming to
the requirements of this section before such permit or certificate
is issued. No persons shall solicit under any permit or granted
under this ordinance without the credentials required by this
section and a facsimile copy of said permit or certificate in
his possession. Said credentials and said facsimile copy of the
permit or certificate must be shown upon request, to all persons
solicited and to any police officer.
Sec. 20-17A-14. Fraudulent misrepresentation and misstatements
prohibited. No person shall directly or indirectly solicit
contributions for any purpose by misrepresentation of his occupa-
tion, financial condition, social condition, or residence, and
no person shall make or perpetrate any other misstatement, decep-
tion, or fraud in connection with any solicitation of any contri-
bution for any charitable or religious Purpose in the city, or in
any application or report filed under this ordinance.
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Sec. 20-17A-15. Identification and receipts required. Any
person soliciting contributions shall verbally identify the
organization making the solicitations to each person solicited.
Any person receiving money or anything having a value of $1.00
or more from any contributor under a solicitation made pursuant
to a permit or certificate granted under this ordinance shall
give to the contributor a written receipt signed by the solicitor
showing plainly the name and permit or certificate number of the
person under whose permit or certificate the solicitations are
conducted, the date, and the amount received; provided, however,
that this section shall not apply -to any contributions collected
by means of a closed box or receptacle used in solicitations
with written approval of the board, where it is impractical to
determine the amount of such contribution.
Sec. 20-17A-16. Hearing after denial of application for a
permit or certificate - exceptions - decisions. Within five days
after receiving notification by registered mail that his applica-
tion to solicit under this ordinance has been denied, any appli-
cant may file a written request for a public hearing on the
application before the board, together with written exceptions
to the findings of facts upon which the board base their denial
of the application. Upon the filing of such a request, the board
shall fix a time and place for the hearing and shall notify the
applicant thereof. The hearing shall be held within five days
after the request is filed. At the hearing the applicant may
present evidence in support of his application and exceptions.
Any interested persons may, in the discretion of the board, be
allowed to participate in the hearing and present evidence in
opposition to the application and exceptions. Within ten days
after the conclusion of the hearing the board shall render a
written report either granting or denying the application for a
permit or a certificate. In this report, the city recorder shall
state the facts upon which the board's decision is based, and
its ruling upon any exceptions filed to its original findings of
facts upon the application. This report shall be filed in the
city recorder's office for public inspection and a copy shall be
served by registered mail upon the applicant.
Sec. 20-17A-17. Revocation of permit or certificate - hearing -
decision. Whenever it shall be shown, or whenever the board has
knowledge that any person to whom a permit or certificate has
been issued under this ordinance has materially violated any
of the provisions of this ordinance, or that any promoter, agent
or solicitor of a permit or certificate holder has materially
misrepresented the purpose of the solicitation, the board shall
immediately suspend the permit or certificate and give the permit
or certificate holder written notice by registered mail of a hear-
ing to be held within seven days of such suspension to determine
whether or not the permit or certificate should be revoked. This
notice must contain a statement of the facts upon which the board
has acted in suspending the permit or certificate. At the hearing
the permit or certificate holder, and any other interested person,
shall have the right to present evidence as to the facts upon
which the board based the suspension of the permit or certificate,
and any other facts which may aid the board in determining
whether this ordinance has been materially violated and whether
the purpose of the solicitations has been materially misrepre-
sented. If, after such hearing, the board finds that the ordinance
has been materially violated, or the purpose of the solicitations
has been materially misrepresented, it shall within two days
after the hearing file in the city recorder's office for public
inspection, and serve upon the permit or certificate holder a
written statement of the facts upon which it bases such finding
and shall immediately revoke the permit or certificate. If,
after such hearing the board finds that the ordinance has not
been materially violated and the purpose of the solicitation has
not been materially misrepresented, it shall within two days
after the hearing give the permit or certificate holder a written
statement cancelling the suspension of the permit or certificate
stating that no violation or misrepresentation was found to have
1
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been committed.
Sec. 20-17A-18. Notice of suspension or revocation of permit
or certificate to chief of police. The chief of police shall be
notified forthwith by the board of the suspension or revocation of
any permit or certificate issued under this ordinance.
Sec. 20-17A-19. Books and records of permit or certificate
holders. No person shall solicit any contributions for any
charitable or religious purpose without maintaining a system of
accounting whereby all donations to it and all disbursements
are entered upon the books or records of such person's treasurer
or other financial officer.
Sec. 20-17A-20. Report required from permit or certificate
holder. It shall be the duty of all persons issued a permit
or certificate under this ordinance to furnish the board, within
thirty days after the solicitations have been completed, a
detailed report and financial statement showing the amount raised
by the solicitations,' the amount expended in collecting such
funds, including a detailed report of the wages, fees, commissions,
and expenses paid to any person in connection with such solicita-
tions and the disposition of the balance of the funds collected
by the solicitations. This report shall be available for public
inspection at the city recorder's office; provided, however, tho.
the board may extend:the time for filing of the report required
by this section for An additional period of thirty days upon
proof that the filing of the report within the time specified will
work unnecessary hardship on the permit or certificate holder.
The permit or certificate holder shall make available to the
board, or to any person designated in writing by the board as
its representative for such purpose, all books, records and papers
whereby the accuracy of the report required by this section may
be checked. No person shall be granted a new permit or certificate
unless and until he has filed the report required under a previous
permit or certificate.
Sec. 20-17A-21. Penalties. Any person violating any of the
provisions of this chapter, or filing, or causing to be filed,
an application for a permit or a certificate under this chapter
containing false or fraudulent misstatements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be
fined not more than $299, or shall be imprisoned for not more than
six months or by both such fine and imprisonment.
Sec. 20-17A-22. Separability. It is the intention of the
board that each separate provision of this chapter shall be deemed
independent of all other provisions herein, and it is further
the intention of the board that if any provision of this chapter
is declared unconstitutional or invalid, all other provisions
thereof shall remain valid and enforceable.
SECTION 2. This ordinance shall take effect 30 days after its
first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 22nd day of March , 1977
//12 //I
*a MAYOR
`7O444
CITY RFCORDE
(SEAL)
BILL NO, 41 of 1977
Published April 1, 1977 4I
Affidavit of Publication
STATE OF UTAH, 1
Jr SS.
County of Salt Lake
Shana D. Palmer
AN ORDINANCE ..... .___
I( ORDINANCE AMENDING Title20 of the Revised
• noes P Lake City.Utah,1965 relating to Ile and
Cuathaesrawaafi.bvaddinganewChat 17A Being first duly.sworn.,deposes and says that he is legal adver-
�,Bete ordained by the Board of Commlsslaners el Salt Lake
SUtah: 1,Thet'Title'Ma/theRevisedOrUlluncasofSalt using clerk of the DESERET NEWS, a daily (except Sunday)
Lake City,Utah,-19eS,relating to license end busiress regulation P
printed in the English language with general cir-
be,end the same hereby Is amended by adding a new Chanter newspaper
17A as fellows: oblation in Utah, and published in Salt Lake City, Salt Lake
CHAPTER17A County,in the State of Utah.
SOLICITATIONS
Sections:
20-17A-1.Definitions.
20-17A-2.Charitable Solicitations I=ring raaalred—asap none. ''hat the legal notice of which a copy is attached hereto
20-17A-1. a for charitable
solicitationsr
ion permit_
2P Standards for board's action in granting or denying
applications for h solicitationpem
20-17A-3.Fe for charitable arileblesolldllati.o earmit.
-- - Pub noticeto amend an ordinacne cne relating to
20-17A-7.Religious solicitations.
n is.
20-17A-7.Application tsrrrollgi oliclfetlons certificate.
20-17A-9.Issuance of ce fe.
2nAi tatwarmroiArent' brNnylwanphcatlonaror license & business requiation
religious solicitation
i e certificates.
20-17A-10.Referral to committee.
1 1 Solicitations permit en,Icate form of—
granting 01 is net endorsement by city mlimit.
eO17Al2.Permit and cerflfreale not transferab
le—return of
upon exatrati..
2P17AnA-13. Agents and sollcltas for soliclteflMs permit
holders.20-
2P17AlA Fraudulent misrepresentation and misstatements
20-17A'-13,Identification and receipts required.
20.17Aitf.-Nearing after denial of application for a permit or
certificate)aexcaetlons—decisions.
20.17A+t7,Revocation of permit or certificate—hearing
decision.
20-17A-1e.Notice of aosponsion or revocation of permit or
certificate to chief at pollee.
Y0-nA•19.Books and records of permit or certifi cate holders. was published in said newspaper on _April 1,, 1977
'220 20--17A-20.Report required from permit or certificate folder.17A-21.Penalties.
20-17A-22.Separability.
sections of tits cfhaappterl Definitions.
Whenever
words shah be asllherloin __ --
defined,unless a different meaning clearly appears from tire .
context:
(a) then mean the board of commissioners of San
Lake City.
(b)'Charitable"shell mean and lrcludo the words patriotic. -- - - -- -
philanthropic,social service,svelte'¢,ise.vwent,educational, \ -�
civic,or fraternal,either actual or purported M(c) "City" all mean Salt Lake City, a municipal / /i
corporation of the slate of Utah. q — > !v
(d)"Cnnrrlbutions'shah include the words aims,food.
clothing,money,subscription.property or dmanons under the Legal Advertising Clerk
guise of a loan of 51 or Ma+erty.
(e) Personss"" shall m y individual, firm.
partnership, ho ration, comp association, loin. stack,
potation, church, religious a sect, eligious denomination,
society, ensign ion or lebr b incl..any trustee.
ta elver, assignee, appal, or other similar representative
hereof.
({) supefel shall g nies,Ao nomppto promote, l3th
m supervises.
or"nnhe a campaign of solicitation. u ore me C1LL5____. day of
manages,n(0)"Religious"and"religion"as used herein swell tnt mean I-
or Include the word"charitable",but shall be given'hell
Iv accepted definitions. A.D. 19 77
commonly
"solicit"and"solicitation"Mee the rotate.—_
directly or indirectly
of y,credit,proprety,financal
assistance, or other 'Mpg f tug the plea o
representation M91 such money.credit,property,financial
assistanceroil ar any other thing of value will be used tar a charitable
religious purpose.These words shall also glean and include the
/
or-ollowing methods of securing many,credit,property,enapulol .'
assistance, or anv
osother Mina of value the plea or •I
entatlon thatit will be used for a charitable or religious I \,1 1- /v . e a . 1= -
purpose:
(I)Any oral or written request;
t)The
d istrsemeet or circulation,
or Posting of any bard bill,i Notary Public
writen
ation,
for,a3ny adverti The sale sement,advertising offor or attempt po space,,book,or ocard chance,
device,magazine,membership,merchandise,subscrin I
tloo,• ticket,fabricated poppy,or other flower,flag,rosette,
button,sticker,ribbon,token,trinket,tan,souvenir,candy,or
• other icle rr or coanecti which
eemma for env chait bleeroteioapreoose,,Or where the name
of any religious person Is used or referred to in any such appeal
oan inducerrent or reason for making any such sole m donation,
r when or where in connection with any such sale,or ddassation,
of any
statement
nsals le willuo to that orbe donate whole or d to any charitabl of le or
rellgials purpose.
A made,
solicitation as defined herein shalt be doomed complete
when made,whether or not the person making the same received-—---—
any cattribution or makes any sale referred to in this section.
Sec.exceptions.it shall
Charitable solicitations permit required—
anywhere inl the citybto solicit ucontributions ter any charitable
oever
rpose without first obtaining a permit from Me board.
Provided,however,that the provisions of this section shall not
apply to •y established person organized and operated
l exclusively for charitable purposes and not operated for
nee cy la profit of any person :
fa) The sollcttotlani by such established person ate
conducted among the members fhereol by Other members or
officers thereof, voluntarily and witlf remuneration for
making such solicitations, rou
ttions,or '
(b) The solicitations are in the torn)of collections or
contributions at the regular esanmbllas Or services et any such
established person.
Sec,alai zas.Application for charitable solicitations permit.
An applIcatiolt fore permit to solicit as provided by secth
20-17A-2 of those revised ordinencos shall be at
rondo t°the city Sec.;;mil i a-y.oaroares for erantlna or dcrwlna application
recorder'sa ors
office upon forms provided by f city. Such for rets;lous solicitation certificates The board hall Issue the
offlication shall be sworn to and filed with the city recor,hor's rtff lcate provided for in section 20-17A-6 hereof,whpnaoer it
ice at least fifteen days for to the timeat which iha permit shall f had th ll l0'wina facts to exist:
appli npforay fshalllor beod come shoot e;provided,
er v del,however,that the I live(a}ifhal all of life atatuments made In the mastication art-
f
n
less Man fifteen days prior to the effective donate of Ito permit (b)(b)That the applicant inns a good character and relented on
applied for.The application herein meekcd hall ttain the or honesty and intonate,
oar tv.lor If toeappplac lit of not
an or,divl hoc
following Information,or In lieu thereof,a detailed sfetenait of rsonctheneveryr anagin ofic ref ag ntO tthe
appy thhe re ns why such information cannot be turnlshud: a good
(a) The reasons
address or henNluerters of to portent (c)That}he control and sueervl sloe of the solicitations will
appilb)If appl for icant Is not an individual,the namos and addressee .under
Thai the applicant e and hasl lh asnot engaged In any fraudulent
of to applicant's principal officers and managers and a copy of actlm or enterprise;
the resolution,If any,authorizing such solicitations,coral led to rant)That the solace-aeons
olacl e-ae cins biotin t becafraudionite rubnlio;a
as a true and correct ropy of the original be the officer having
charge M anellcaot's records: number thereof;
(c)The purpose for which such solicitations era to be made, (al That the solicitations are prompted solely by the desire to
Me total amount M funds proposed to be raised thereby.oral the anance tie rell0ious cause described In Me 000110ation and will
use therefrom,disposition to be made of any receipts trefrom, r ed not be conduct for private profit or dal n;
(d) A SPCCHIC statement, sported by end, 't In That the cost of raising the funds will be reasonable.Any
Me arneunt collected shall he
soliclited; figures,showing the need for the COnfrihutlons to W onside red to be ut in nreasonableotunless special facts are presented
(e)The name and address of the parson or persons who will show,.that peculiar re sake a cost higher than 25',a
fPe
be in direct charge of conducting the solicitations and the nemea noble In the particular case.
of ell promoters cone xtad or to Pe connected with the proposed The city recorder shall lily in his office for public Inspection,
solldfatlms; and shall setv upon the applicant by renisteretl malmalt.a malt
(f)An outline of the method or methods to be ustd In statement of the board's fining M foots and Its decision upon
conductina�the solicitations; each OPPlkotlon.
or
the(e)Teedt dates for thhe IIcitatIone beginnino nail boding mock,ti c shelllaarcolrtt a c0ommeltteeaof1ccit thereof city to lassist The
no
solicitations; anden o suchInvestigations concerni
ng the issuance of permit fir certificates
till The estimated cost of the solicitations; provided In this chapter and to make recommendations to the
and(emo�m emoluments amount
to beany
expended o°r paid to any person
expanses in quallficafim for tlr s andinformation
fitness Pf anys pce In or 0 permi for
connection with such solicitations,and the nary..and addressed certificate hereunder. applicant for permit
of all such persons; Soc.20,17A-ti.Solicitations perm It and certificate—wen of
Ili A financial statement of then last preceding flscol year of grating of Is not endorsement by city—tiers limit Permits and
any fonds collected for charitable purposes within the city by the tlikates Issued under this ordinance shall bear the earm and
applicant,sold staleinent giving the amount of money so ralscd, ddress of the person by whom Me sal citations aro to be made,
ogamer with Mo cost of raising It,and the final distribution the number of the person by whom the solicitations are to he
thereof; made.the number of the permit or certificate,I.date Issued,
(k)A full statement o1 the cheracter and extent of the .the pates within which the permit or certificate elder may
charitable work being dons by the.applicant within the city; )solicit,and statement than the permit or certificate does tot
(I)A statement that the actual cast M the solicitations will constitute an endorsement by the city, orby a 1 Its
not exceed 25%of the total amount to he raised; I departments,officers or mpiovws of the purpose or of to
(m)A staMmnt to the elect that if a permit Is granted,it pers.,cmductil.We soil<ItatI errs.All permits and certificates
will net be used or represented In any way as an endorsement by must he signed by the city recorder.No Permit may grant a right
the city,
Soca r ollher inforrnot lea as officer
be reas or onablyhmuirad by to
solicit right to solr icit longer e caws thann(tsWears from Itspdata. may
the city attorpey's office or the city recorder's office In order to grant
Sec.20.17A-12,Permlf and certificate not transferable—
determlre the kind and character M the proposed solicitations return M upon expiration.Any permit or cartl Cate Issued under
and whether such pullcitati°no are In the Interest of.and pot' this ordinance shall he non-transterable and shall be turned to
inimical to,the public welfare. the city recorder within tom days M the date of Its expiration,
If,while any Application Is pending,or during the form of any' together with all loc./lire copies thereof.in the event the pormir
n othadpthat w it ould alter 1M inform Is ation givvenn Inge nth aoyli at Ion certify toicate Is o that fact.lost,iM holder w an officer of the holdot'must
thethe reof applicant
shall
aatd notify
the city recorder's office In writhing Sec.20-17A-13.Agents and solicitors ter sollcltations enrmll
y after such change. holders.All po ns to whom a permit orcertificate has bean
Sector 2h17A-A.Standards for loord's actiwh in granting or i5;uett under tiols°ordinance shal furnish proper cradentlolc to
deny).applications for charitable solicitation permit,.The their me is and solicitors.Such credentials shall Ilude the
board shall Issue a permit provided for in section 11A-2 Marco' of the permit or certificate holder, ncthe date,a statement
whenever It shall find the following facts to exist describing said holder's charitable oe religious arctivities,a
(p)That all of the statements made In the application are dedcription of the par pose of Me solicitations,the signature of the
true; permit o certlfl cots harder or the holders chief executive
(b)That the applicant has a stood character and reputation fficer,awl the Sne,address, x and signature of the
o re
for honesty and integrity,or if t applicant Is not an individual solicitor to who such credentials ere Issued and the specific
then every managing officer or agent M Ito applicant Eros I period Of time dorirrg which said solicitor Is autfrorlaed to solicit
person,
character of reputation for honesty and Integrity; on behalf of the It or cartillcete holder.A copy f h
(c)That the control and supervIelan M the solicitations will credentials must be filled with the city recorder at the tlma the
be under responsible and reliable persons; application for a permit or certificate is flied and must be
(d)That the applicant has not engaged In any fraudulent approved by sale recorder as conforming to the requirements of
transaction or entorprleo; th section before h permit orcertificate Is issued.No
lot That the solicitations will not be a trawl on the public; persons shall solicit such
nnit or granted ureter thin
(1)That the solicitations are prompted solely bye desire to ordinance wlfhoul the credentials rooqq•rlred by this section and a
finance a charitable cause described In the application,end will facsimile COPY of said we/dor certlflcato In his poasnslmt.Said
not be conducted for private profit or oafs; ,credentials and sold facsimile copy M the permit or certllicate
• (e)That to wet of'akin tithe funds'will lee reasonable.Any •most be shown upon resluest,to ell persons solicited and to any
such cost In excess M 2545 f the amount collected shall be I police officer.
Sidered to be unreasonable,unless s n elol fcts are presented Sec,2-17A A.Fraudulent misrepresentation and misstate-'
showing that peculiar re make cost higher than 25','o moots prohibited.NO person shall direcly or indirectly solicit
able In the particular case, contributions for any pose by mbrepfesent or fen of his
ma'the ally recorder shall file In his of lice for public Inspection, potion,nnawial a or perpetrate
social condition, residence,
and shall serve upon the applicant by ref/later.er.mail,a written and no person shall make or perpetrate any other misstatement,
statement of the Ward's final.of facts and its decision upon I deception,orfraud In connection with any solicitation of any
each application, contribution or any c'appl able or rligious purpose In the cit,r
Sec.2017A-5,Foe for charitable solicitations permit.Before in p eo-no tan or report tiled under this ordinance.
unto is issued there shall be paid to to treasurer of the ally person
.20-17A-15, Identification and receipts rmulret.Any
Mau of S5.00 as a per it lee and the sum of 50c for each or Itching co he colions Mall verbally identify the
facsimile COPY of the permit that is desired, rganlzetlon making the eel lcltetio s to each personsolicited.
Sec. 2A-17Ar6. Ro oeroe aft lotions. Registration end Any arson receiving money or anything having a alue of S1.00
certificate required.No parson shall solicit contributions f01'anv more from any contributor under a mtictatron made pursuant
relgious porno.)anywhere.within tho city without first obtaining to a permit or certificate granted under this rdinax:e shall give
certificate l rem Ow board; provided,however,that the to the contributor a written receipt signed by the flatter
l'i provisions of this section shall not apply to a established shawl).pieinly the name and permit or certificate number M the I
retie,. organizer, and operated excluslvoly for rolieiaus tmrson under whom permit certificate the ived;latlms are•
rooms and notoperated for the pecuniary profit of anv parson ducted, the date, and the amount received, provided,1
It however,that this section shell not apply to any wntrlbMn is
(a) The solicitations by suet,established religion a.< collected by means of a closed bon facie used b
Impsoli<riacctiical to des lta mine the amount of s c the ontribution.
If is
no lie rSac,00-17A,16, Mcarin ter denial.M eppltcafim far a
conducted anemia the me firers thereof by other me hers° permit or certificate'--ex mines--dscitlof Within live days
officers thercui, voluntarily ueot without remuneration Ice fter recalvina notification by reniotred mall that his
making such sollcltatins,or pcilcafion to solicit under this ordinance has been denied,any
(b) The solicitations aro in the form of collections may
ay filo n written request fore rantl<hearing onIles
contributions at the regular assemblies or cervices of such applicatitat before the board,Master with written exceptions to
established reilalor, the findings of loots upon which the board base their denial of the
fe.Applicattion for apreligiouson/onlicitationscertlfkale,requins rie.ed time andplace fnor Ethel h0arlr of 02 and request,
nMlf board
tthe applicant
by section 20.1/A-6 of rinse revised ordlences,shall be made to Thereof.The heerthe shall be held within Ilya toys otter the
th the city recorder's office upon forms provided by e city.Such request Is tiled.Al lia iworfinng the applicant n y present
informattln shall rInb be
ther sworn oeof,pad shall statementt ofn the the reason)or Interested person evidence In s rt of his may.In the discrcatioit and etional the board the allowed
r by such information cannot be furnished: to participate in the hearing and present evidence In opposition to
reasons
The name and padre.or headquarters of the pers. the application ad a ceptions. Within tan days after le
apply'.for thecertificate, conclusion of the hearing the board shall render a written report
lb)if applicant isnot an individual,the romesandaddressos either a anima or denying the application fora permit or
of the applicant's principal officers and managers and a copy Pt certificate.In this report,the city recorder shall state the facts
the resolution,If any,authorizing such solicitation,certified to as which the board's decision is based,and Its ruling upon any
a true and correct copy of the original by the officer having excupon
eot'ons filed to its original findings of facts upon the
charge of applicant's records; application.This report Mail be riled In the clry recorder's office
lc)The Purpose for which suchaollcltatron is to be mete,the for public Inspection and a copY shall be served be registered
total amount of funds to be raised thereby,and the use and malt upon to applicant.
disposition to be made of any re:elets there/rent, Sec.20-17A-17.Revocation of permit or certiticara--hearing
(di The name and address of the person On persona who will --decision.Whenever It snap be shown,or whenever the Ward
he in direct charge of conducting the sollritetlon,the nemm M all has knowledge that any person to whom a permit or certificate
connectedpromoters connected or to he sollcltations and the names pi ell person tot.0111 ct conduct of the provisions or this ordinance,.that any a an been issued under this ordi.n.has promoter,
violated
oteggeef or
solicitations. solicitor of a it a certificate holder has materially
let An outline of the method or methods to be used In Isrepresentetl theh purpose of the th solicitation, e board shall
conducting Me solicitations; immediately spend tope it certificate and give e
Ill the time when such wlicitationc will bo,vfo,giving Ma' Permit or certilica le loader written orth
en notice by r.letored malt ora
preferred dotes for the beginnira and ending of such hearinu to be held withinseven mays of such nslm to
solicitations. determine whether or t h e it or certificate should be
ab The estimated cost of Ilse solicitations. revoked.Tis notice mosst contain a statement M the fans upon
(h)The amount of any wages,fees,commissions,expenses, hich the Ward has ached In s spendln the permit
or emoluments to be expended paid to any person in certificate.At the hearing tte permit r certificate hlr,and
ofscum with such solicitations and the names and addresses akar interested shall have the right ro present
ail suchipersnnr; any
cis to ilk facts a sftich the any other
bated the
0)A fun statement of the character and mated of the Isuspension
pensi n of board elm Itteoo cetrtlllc e,anddernttle actsordinance which
rot l(I) work afootengpdone byf the t that Ito certificate been materiahv Iolated d weter to pose of tite
till niot be based or rpresented n anytway asaneendorseOent by solicitations has teen materially misrepresented.if,after such
he city,or by any department,Mflcer,or employee tere0t earing,the board finds that Me ordinance has bean materially
(k)A statanont theft the actual cost of the solicitations will I violated,or the purpose of the sollcitotlms has been materially
not
n exceed akaof the total amount to be raised. Isrepresented, shall within aye days afer the hearing file In
(I)Such other Information as may be reasonably requested the city recorder's office tap cob In Inspection,and serve eaten the
by the city attorney's oft Ice or the city recorder's office In order permit or certificate holder a written statement of the facts upon
to determine the kind and character of the proposed solkltatlons. which II base h finding and shall immediately revoke the
if.Mille any application Is pending,or during the term o/any i permit or
cos itio not.to tf.a er such
it h hearingi viola,.and to arddgrl des loot
certificate granted thereon,there is any change in fact,policy,or the folic Italian has pot been material.
materially misraandthed,Itsea It
at
method that mead alternot the the city
recon rder
er n weewl therm, within two days after the hearing give t.permit or certificate
within
e ne bit nail bat'after such
Iry niter In writ Ina thereof
wli Sec.7-I/At,s day suance rsuchchate elan a softies fe stmmt trashing 1e situ sloe of the
Sec.H}catio Is and
t of showingi0.If it cell appear from Lion w or wrllfi hate stating that w violation or mfsrepresonfa-
such ation application IPt the that the
made ant m to the lion was found to A-18.Notice
ices suarkn etl,
satisfaction of the board that tine Iboynf h the Soc.2pteAto hietice M ilbo, ht t 01 l of permite
ualitcallns as lerelnaften provided,Issue
a c Est shall Tlforth a hint r floe.The chins of police shall of
mediateI awn niter,of the board lest certificate to the soppier ithwith by the board M tier this o fah r revocationr101c,of
I- II 1 t I such solicitations by any permit or certificate tssueduM rihls ortllnoxe
it Ct ire : •o:1•bted in such Sec.20-r7A r9.Bwks and records of permit r certificate
application.or In such a n.-.letot Pak. holders. No ens son;'hall solicit a mlribrlims foe a
The cent picots shall rema In in force and fared fw'averted 1 charitable err religious purpose witlmet thnalning ao' In of
SO days attar tin.:Issuanu the, -red stet le renewed unan actor ile,whereby all donations to it and at dlsba-Setnenrs are
expiration of lies period awn the filirva of a new application as entered wen the books or records of such memo's.treasurer or
provIdad for In talc sassier I ether financial calker.
1W
s c.t shall
e. r required ired from -rmit or ee.rruleara
hereini, t shell he rip ordinance
f s Is lee a Ward.ult
ortlyl date u r lbls oitoti firs to futnlah 1nl ibc withid nr>
thirty daysfinan ialroatln ensh ova wlit an ca-nnloicl.::oiby led
report ands,the el punt ex ended I C lleetint rsuch funds,
ICla
ncluding
solicitations,oaa,the amount r e0? h wages,
1n fees,cornll.wch lands,
expenses aidiotled report in the nectio with
commissions,and
Paid to any tpersonthe balanceconnector fundscoll solid redone
sotl ita di00. his r of rtaibe a a the fa for oldiecolle Ins by the
colica city recorder's c resort shill l ro idedahle for public Ioard may
ei the the timefrfit office;Oft provided,report
required horeda r,the beats mor
omenstio ninerat ofthirydhe ysoptornofthat
the swing Of for
on oaort within tl helod tiime spercifiedywill w Proof
uniw0cies�ryling Of hueltottne
lip I
on the permit or certificate holder.The permit or certificate
holder shall make available to the board,or to any wrson
designated In writing by the board as Its representative for such
all books,records and papers whereby e accuracy of
purpose,
th
ro
port required by this section may be checked.No person
shall be granted a new permit or certificate unless and until he
has filed the report required under a previous permit or
certificate.
Sec.20.17A-e1.Penalties.Any person violating any of the
visions of this chapter,or Whig,a reusing to be filed,e
application fora rmlf or certn icae urcler this chapter
containing oh false or fraudulent misstatements shall be deemed
guilty of a misdemeanor and anon conviction thereof shall he
lined lint morn ikon S299,or shall he imprisoned for not more than
six
months or by both such tine and imprisonment.
Sec.20-17A-22.Separability.I Is the intention of the board
tent each separate emulsion of this chanter shall be deemed
Independent of all otherherprovisions herein,and it is further the
Intention of the board that Its any provision of this chapter is
/*dared unconstitutional or invalid,all other provision thereof
shall remain valid and enforceable.
SECTION P.This Ordinance shall take effect 30 days after Its
first publication.
Passed by the Board of Commissioners of Salt Lake City,
Utnh,this 22nd day of March,19//.
TED L.WI L$ON,
heaver
CityUREDy.HIGHAM
City Recorder
0I LI_NO.ed en 1927
Pohl!shed APr�l t.1977 (A-0)
y/