§ 16-31. Required; exemptions; defenses.

(a)

No person or organization may conduct a charitable solicitation by handbills, advertisements, house-to-house canvass or by any other method in the city without the person, organization, society or corporation responsible for conducting the solicitation first obtaining a permit in compliance with the terms of this division.

(b)

If a person or organization conducts or manages a charitable solicitation in the name of or on behalf of another person or organization, each entity shall obtain a charitable solicitation permit.

(c)

It is a defense to prosecution under this division that:

(1)

An organization solicits funds or goods only from its own membership;

(2)

A person or organization solicits funds only by use of public broadcasting media;

(3)

A person or organization solicits funds only from foundations;

(4)

The organization, person, society or corporation holds a religious solicitation permit under this chapter.

(d)

This division shall not apply to persons under eighteen (18) years of age if engaged in fundraising activities for a nonprofit organization using all profits for young people's activities or donating all profits to charities other than a sponsoring organization. This division shall neither apply to persons under fifteen (15) years of age engaged in fundraising activities for a nonprofit organization which is using all profits for young people's activities or which will donate all profits to charities other than the sponsoring organization; nor shall such division apply to the organization for which such young persons are soliciting.

(e)

A solicitation is conducted within the city when it is communicated to a person then located within the city, whether or not the person making the solicitation receives a contribution or makes a sale.

(Code 1965, § 16-12)