§ 16-33. Investigation; issuance, denial.

(a)

Upon receipt of an application, the city secretary shall make or cause to be made an investigation to determine the qualifications of the applicant for a permit.

(b)

If the city secretary finds:

(1)

That the applicant has met all the requirements of this article;

(2)

That none of the circumstances in subsection (f) of this section exist;

the city secretary shall issue a permit.

(c)

If the city secretary finds that the applicant does not meet the requirements for a charitable solicitation permit as provided in subsection (b) of this section, or that there is need to question the applicant to clarify the application, the city secretary shall so notify the applicant at least ten (10) days in advance of a hearing.

(d)

If, after a formal hearing, the city secretary finds:

(1)

That the application has met all the requirements of this article;

(2)

That none of the circumstances in subsection (f) of this section exist;

the city secretary shall issue a permit.

(e)

Upon the showing of unforeseen emergency or circumstances necessitating immediate action to render aid for a charitable purpose, the city secretary may issue a charitable solicitation permit on a temporary basis, not to exceed ten (10) days, if the applicant has met all other requirements of this article and qualifies under subsection (b) of this section. Temporary permits issued by the city secretary shall automatically expire after ten (10) days.

(f)

The city secretary shall refuse issuance of a permit if, upon investigation and hearing, it is found that the applicant has not complied with all the requirements of this division or that any one (1) or more of the following enumerated statements are true:

(1)

One (1) or more of the statements made in the application or at a hearing on the application are false.

(2)

The applicant or person in charge of the charitable solicitation has been convicted of fraud, theft, conversion, embezzlement, swindling, robbery or burglary, or that the applicant or person in charge has made or caused to be made false statements or misrepresentations to a member of the public with regard to the charitable solicitation campaign or other activities described in the permit. A permit shall also be denied if the applicant or person in charge has in any way publicly represented that the charitable solicitation permit is an endorsement or recommendation of the cause for which the charitable solicitation is being conducted or has otherwise violated any of the terms of a charitable solicitation permit or this article.

(3)

There is no local resident in a responsible position with the organization conducting the charitable solicitation.

(4)

The applicant received a charitable solicitation permit on a conditional basis in the previous year and failed to comply with the conditions of the permit.

(g)

If the city secretary refuses to grant a charitable solicitation permit to an applicant pursuant to this division, no appeal within the city administration is appropriate.

(Code 1965, §§ 16-13, 16-14)