Sections:

8.84.010Permit--Required.
8.84.020Permit--Application--Filing time.
8.84.030Permit--Application--Contents.
8.84.040Permit--Application--Investigation.
8.84.050Permit--Fee.
8.84.060Permit--Revocation.
8.84.070Using permit as endorsement.
8.84.080Rules and regulations.
8.84.090Identification card.
8.84.100Canisters.
8.84.110Hired solicitors.
8.84.120Annual report.
8.84.130False representation--Unlawful.
8.84.140False representation--Continuation.
8.84.150Exemption.

For charity solicitations commission, see Ch. 3.60

8.84.010 Permit--Required.

Unless a permit has been obtained as provided in this chapter, no person, directly or indirectly, shall solicit money, donations of money, property or financial assistance of any kind, nor sell or offer to sell any articles, tag service, emblem, publications, ticket, advertisement, subscription or anything of value, on the plea or the representation that the 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, television, radio or in any other way or means. (Ord. 52194 § 1 (part), 1963: 1948 C. Ch. 61 § 2: 1960 C. § 745.040.)

City Counselor Ops.: 9369, 9476, 9639, 9763, 9934, 10113, 10215

Cases:

The city of St. Louis has general authority under its charter to regulate solicitation of funds for charity, as such solicitations are essentially an occupation or calling subject to license and regulation under powers granted by charter. Ex parte Williams, 139 S.W. 2d 485 (1940).

In proceeding by city to recover penalty for soliciting without a permit in violation of city ordinance, burden was on city to prove the facts alleged in the information. City of St. Louis v. Stubley, 154 S.W. 2d 407 (1941).

McQuillin:

26.56 Political, social, charitable and noncommercial activities

8.84.020 Permit--Application--Filing time.

All applications for a permit shall be made at least sixty days prior to the date the organization or person desires to commence to solicit for funds as described in Section 8.84.010; provided, however, that in the case of extreme emergency the commission, by a two-thirds vote of its membership may grant a permit where the application has not been filed sixty days prior to the solicitation. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.060.)

City Counselor Ops.: 9369, 9934

8.84.030 Permit--Application--Contents.

The application shall be sworn to and addressed to the secretary of the charity solicitation commission and shall contain the following:

A. Name, address and telephone number of the applicant and name of the person to whom correspondence should be addressed;

B. Names and addresses of its principal officers and management;

C. The purpose for which the solicitation is to be made and the use or disposition to be made of any receipts therefrom;

D. The name of the person or persons by whom the receipts of the solicitation shall be disbursed;

E. The name and address of the person or persons who will be in direct charge of conducting the solicitation;

F. An outline of the methods to be used in conducting the solicitations;

G. The time when the solicitations shall be made, giving the preferred dates for the beginning and ending of the solicitations;

H. The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to anyone in connection with the solicitation, together with the manner in which the wages, fees, expenses, commissions or emoluments are to be expended, to whom paid, and the amount thereof;

I. A full statement of the character and extent of the charitable or philanthropic work being done by the applicant organization within the city;

J. Other information as may be required by the commission, in order for the commission to fully determine the kind and character of the proposed solicitation, and as to whether the solicitation is in the interests of, and not inimical to, the public welfare;

K. 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 commission or by any member thereof, or by the city;

L. An independent audit or sworn affidavit from the organization or person of the financial status of the previous year’s operation including but not limited to the previous year’s fund-raising cost. In the event the organization or person did not conduct a fund-raising drive, a statement of the approximate amounts shall be made. Other information as may be required pursuant to rule or regulation of the commission;

M. Any additional information the commission may determine to be necessary. (Ord. 52194 § 1 (part), 1963: 1948 C. Ch. 61 § 3: 1960 C. § 745.070.)

City Counselor Ops.: 8660, 9369, 9934

8.84.040 Permit--Application--Investigation.

Upon receipt of the application as provided in Section 8.84.010, the commission shall make, or cause to be made an investigation as shall be deemed necessary in regard thereto. If satisfied that the solicitation is to be for a bona fide charitable, patriotic or philanthropic purpose, that the solicitation is prompted solely by a desire to finance the cause in question and that the moneys so obtained will and have been disbursed or represented, that the organization for which solicitation is to be conducted is under the control and supervision of responsible and reliable persons and that the cost of raising the funds shall be reasonable, then the commission shall certify such fact and the period the permit should run, to the director of welfare, who upon the receipt of the certificate, and not otherwise, shall issue the permit. The permit shall be nontransferable and shall be valid for the period of time as the commission may determine, but in no event for longer than twelve months. (Ord. 52194 § 1 (part), 1963: 1948 C. Ch. 61 § 4: 1960 C. § 745.100.)

City Counselor Ops.: 8032, 8660, 9369, 9763, 9934

8.84.050 Permit--Fee.

The commission shall not consider any application unless a fee, as follows, is paid: Five dollars for every applicant raising up to twenty-five thousand dollars; ten dollars for every applicant raising from twenty-five thousand dollars up to fifty thousand dollars; twenty-five dollars for every applicant raising from fifty thousand dollars up to one hundred thousand dollars and fifty dollars for every applicant raising from one hundred thousand dollars up to five hundred thousand dollars; and an additional fifty dollars for each five hundred thousand dollars raised or any portion thereof. A charge of five cents shall be made for each duplicate permit and the duplicate permit shall be valid up to ninety days. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.090.)

City Counselor Ops.: 9369, 9476, 9934, 10127

8.84.060 Permit--Revocation.

The commission shall have the power to revoke any permit that may have been granted as provided in this chapter. If, upon the receipt of written information, or upon its own investigation, the commission shall find that any agent or representative of the permittee 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 any part of this chapter, or in a manner inimical to the public welfare of the community, then the commission shall order the permittee to show cause why the permit should not be revoked. At least fifteen days’ notice of the order and the date of hearing shall be sent by registered mail to the person and address shown in the application as provided in Section 8.84.030A. The permittee shall have the right to appear to cross-examine witnesses, and to produce evidence. A record of the proceedings and testimony shall be taken and transcribed in the event an appeal is filed. Any person aggrieved by any ruling, decision or other action of the commission shall have the right of appeal as provided in Sections 536.100 through 536.140, RSMo., 1959. (Ord. 52194 § 1 (part), 1963: 1948 C. Ch. 61 § 6: 1960 C. § 745.120.)

City Counselor Ops.: 9369, 9934

8.84.070 Using permit as endorsement.

No person holding a permit, or any agent, member or representative thereof, shall advertise, represent or hold out in any manner, that the permit is an endorsement of the holder by the charitable solicitations commission, or by any member thereof, or by any organization which the member may represent, or by the city; provided, that 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. (Ord. 52194 § 1 (part), 1963: 1948 C. Ch. 61 § 5: 1960 C. § 745.110.)

City Counselor Ops.: 9369, 9934

8.84.080 Rules and regulations.

The commission may enact by a two-thirds vote of its members rules and regulations as it may deem necessary and in the public interest to carry out the terms and conditions set forth in this chapter. The rules and regulations shall be signed by the chairman and attested to by the secretary of the commission and a copy shall be filed with the register of the city. Within one year from December 18, 1963, the commission shall by rule or regulation adopt a uniform system of accounting insofar as is necessary to accurately determine the correctness of all receipts and disbursements thereof for all applicants or more than one and not less than three systems of accounting based solely on the amount of moneys collected by the applicant in a one year period. Any application which does not comply with one of the systems of accounting shall be forthwith denied, provided, however, that for a period not to exceed two years and upon good cause shown the commission may waive a strict adherence to the systems of accounting. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.080.)

City Counselor Ops.: 9369, 9934

8.84.090 Identification card.

No person shall solicit for funds unless he has on his person an identification card issued by the Commission, the card shall designate the permittee, the signature of the persons in charge of the solicitation, the person carrying the card and other information as the Commission may direct. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.130.)

City Counselor Ops.: 9369, 9934

8.84.100 Canisters.

Canisters may only be used in a solicitation when such canisters are held in the hand of a person who has the identification card described in Section 8.84.090 or when the canister has attached to it a canister permit issued by the Commission. All of the canisters shall be returned to the principal office of the person or organization conducting a solicitation on or before the expiration date shown on the permit attached to the canister. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.140.)

City Counselor Ops.: 9369, 9934

8.84.110 Hired solicitors.

Any person, firm or corporation employed as an independent contractor for solicitation of funds, professional fund-raising, professional promotions, or public relations and other similar activities shall file a separate accounting report with the Commission and a copy of the contract of employment. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.150.)

City Counselor Ops.: 9369, 9934

8.84.120 Annual report.

The Commission shall file an annual report with the register of the City. The annual report shall show the amount of money or other thing of value collected by each applicant for a solicitation permit to whom a permit has been issued and the use the permittee has made of the money or thing of value collected. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.160.)

City Counselor Ops.: 9369, 9934

8.84.130 False representation--Unlawful.

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 the money or thing of value is obtained. (1948 C. Ch. 61 § 7: 1960 C. § 799.010.)

8.84.140 False representation--Continuation.

Any person on the roll or list of any charitable organization or relief agency, who continues to accept money or anything of value from the organization or agency, after employment is obtained by any member of the household of the person, without reporting the employment to the organization or agency, shall, for the purpose of this chapter, be deemed to have obtained the money or thing of value by means of false representation. (1948 C. Ch. 61 § 8: 1960 C. § 799.020.)

8.84.150 Exemptions.

The provisions of this chapter 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 the organization shall be conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for the solicitations, or where the 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. (Ord. 52194 § 1 (part), 1963: 1960 C. § 745.050.)

City Counselor Ops.: 9369, 9934