§ 5.18.070. Standards for commission's action in granting or denying applications for charitable solicitation permits.

The Commission shall issue the permit provided for in Section 5.18.040 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 not engaged in any fraudulent transactions or enterprise;

C.

That the solicitation will not be a fraud on the public;

D.

That the cost of raising the funds will be reasonable. Any such cost in excess of sixteen (16) percent for direct gifts, or seventy-five (75) percent for sale and benefit affairs, or ten percent (10%) for all wages, fees, commissions or emoluments paid or to be paid to all salespersons, solicitors, collectors, conductors, and managers, of the total amount collected shall be considered to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than said sixteen (16) percent or said seventy-five (75) percent, or said ten percent, respectively, reasonable in the particular case;

E.

That none of the following methods of solicitation are to be employed:

1.

Solicitations by telephone by persons employed and paid primarily for that purpose, except of salvable property,

2.

Solicitations from patrons at any theater, or other place of public performance, where admissions are charged for the privilege of attending,

3.

Solicitations by children under fourteen (14) years of age except where both of the following exist:

a.

The children are members of the organization for whose benefit the solicitation is made, and

b.

All funds so solicited, less permissible costs, shall be expended solely for the direct benefit of the children locally,

4.

Delivery by mail or otherwise of any unordered merchandise, except "seals" when permitted,

5.

Solicitation by means of coin or currency boxes or receptacles, except:

a.

When each such box or receptacle shall be serially numbered and the Commission advised of the number and location of each, and

b.

When each such box or receptacle shall be the responsibility of a bona fide member, agent or solicitor of the soliciting organization, and

c.

When such responsible person shall be required to pick up each such box or receptacle at the end of the solicitation period, and

d.

When the use of such boxes and receptacles in the solicitation is expressly authorized by the Commission; and

e.

When such responsible person shall have no more than a reasonable number of such boxes or receptacles for which he or she must account.

(Prior code § 3-2.12)