S-2 LICENSING OF SOLICITORS

S-2-1 PURPOSE

The purpose of this chapter shall be to establish rules and regulations regarding the licensing of solicitors, door-to-door salespersons, and peddlers within the City of Fort Pierre.

Authority: SDCL 9-34-1, 9-34-18

S-2-1.1 DEFINITIONS

Wherever used in this ordinance unless a different meaning clearly appears from the context:

A. “Solicit” and “solicitation” shall mean the request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this ordinance. These words shall also mean and include the following methods of securing money, credit, property, financial assistance, or other thing of value on the plea or representation that it will be used for a charitable or religious purpose as herein defined:

1. Any oral or written request.

2. The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement, or publication.

3. The making of any announcement to the press, over the radio, by telephone or telegraph, concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith.

4. The sale of, offer of, or attempt to sell, any advertisement, advertising space, book, card, change, coupon, devise, magazine, membership, merchandise, subscription, ticket, or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose.

A. “solicitation” as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.

B. “Charitable” shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.

C. “Religious” and “religion” as used herein shall not mean and include the word “charitable” as herein defined, but shall be given their commonly accepted definitions.

D. “Contributions” shall mean and include the words alms, food, clothing, money, subscription, property, or donations under the guise of a loan of money or property.

E. “Person” shall mean any individual, firm, partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization 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. “Director” shall mean the Director of Public Works or the official discharging the duties of the Director of Public Works.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-2 CHARITABLE SOLICITATIONS PERMIT REQUIRED – EXEMPTIONS

No person shall solicit contributions for any charitable purpose within the City of Fort Pierre without a permit from the Director of Public Works or his designee authorizing such solicitation; provided, however, that the provisions of this section shall not apply to any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without enumeration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-3 APPLICATION FOR CHARITABLE SOLICITATIONS PERMIT

An application for a permit to solicit as provided by S-2-2 shall be made to the Director of Public Works or his designee upon forms provided by the City. Such application shall be sworn to and filed with the Director of Public Works or his designee at least fifteen (15) days prior to the time at which the permit applied for shall become effective; provided, however, that the Director of Public Works or his designee may, for good cause shown, allow the filing of an application less than fifteen (15) 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 and 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 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 initial 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 reasons and, if available, figures, showing the need for the contributions to be solicited.

E. The names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed.

F. The name and address of the person or persons who will be in direct charge of conducting the solicitation and names of all promoters connected or to be connected with the proposed solicitation.

G. An outline of the method or methods to be used in conducting the solicitations.

H. The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitation.

I. The estimated cost of the solicitation.

J. 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.

K. A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and the final distribution thereof.

L. A full statement of the character and extent of the charitable work being done by the applicant within the City.

M. A statement that the actual cost of the solicitation will not exceed twenty-five percent (25%) of the total amount to be raised.

N. 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 of Fort Pierre, or by any department or officer thereof.

O. Such other information as may be reasonably required by the Director of Public Works or his designee in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of and not harmful 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 application, the applicant shall notify the Director of Public Works or his designee in writing thereof within twenty-four (24) hours after such change.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-4 INVESTIGATION BY DIRECTOR OF CHARITABLE SOLICITATION PERMIT APPLICATIONS

The Director of Public Works or his designee shall examine all applications filed under S-2-3 and shall make or cause to be made such further investigation of the application and the applicant as the Director of Public Works or his designee shall deem necessary in order for him to perform his duties under this chapter. Upon request by the Director of Public Works or his designee, the applicant shall make available for inspection by the Director of Public Works or his designee all of the applicant’s books, records, and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-5 STANDARDS FOR DIRECTOR’S ACTION IN GRANTING OR DENYING APPLICATIONS FOR CHARITABLE SOLICITATION PERMITS

The Director of Public Works or his designee shall issue the permit provided for in S-2-2 whenever he 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, that every member, 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 solicitation will be under responsible and reliable persons.

D. That the applicant has not engaged in any fraudulent transactions or enterprise.

E. That the solicitation will not be a fraud on the public.

F. That the solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted primarily for private profit.

G. That the cost of raising the funds will be reasonable. Any such cost in excess of twenty-five percent (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 twenty-five percent (25%) reasonable in the particular case.

The Director of Public Works or his designee shall file in his office for public inspection, and shall serve upon the applicant by registered mail, a written statement of his findings of facts and his decision upon each application.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-6 FEE FOR CHARITABLE SOLICITATIONS PERMIT

Before a permit is issued, there shall be paid to the City Finance Office the sum of Ten Dollars ($10) as a permit fee and the sum of twenty-five cents ($0.25) for each facsimile copy of the permit that is desired.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-7 CHARITABLE SOLICITATIONS PERMIT – FORM OF PERMIT – GRANTING OF IT IS NOT AN ENDORSEMENT BY CITY – TIME LIMIT ON PERMIT

Permits issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the City, any of its departments, officers, or employees. All permits must be signed by the Director of Public Works or his designee. No permit may grant the right to solicit longer than ninety (90) days from its date, but the Director of Public Works or his designee may extend any permit for not more than ninety (90) additional days upon a showing that unnecessary hardship would be created by a failure to extend the original ninety (90) day period for such additional days.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-8 PERMIT NON-TRANSFERABLE – RETURN OF UPON EXPIRATION

Any permit issued under this ordinance shall be nontransferable and shall be returned to the Director of Public Works within two (2) days of its date of expiration, together with all facsimile copies thereof.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-9 AGENTS AND SOLICITORS FOR CHARITABLE SOLICITATION PERMIT HOLDERS

All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the permit holder, the date, a statement describing said holder’s charitable activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder’s chief executive officer, 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 holder. A copy of such credentials must be filed with the Director of Public Works or his designee at the time the application for a permit is filed and must be approved by him as conforming to the requirements of this chapter before such permit is issued. No person shall solicit under any permit granted under this chapter without the credentials required by this chapter and a facsimile copy of said permit in his possession. Said credentials and said facsimile copy of the permit must be shown, upon request, to all persons solicited and to any local law enforcement officer of the City of Fort Pierre.

No agent or solicitor shall solicit contributions for any charitable purpose for any person in the City of Fort Pierre unless such person has been granted a permit under the provisions of this chapter.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-10 WRITTEN RECEIPTS REQUIRED

Any person receiving money or anything having a value of One Dollar ($1) or more from any contributor under a solicitation made pursuant to a permit granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, that this chapter shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the Director of Public Works or his designee where it is impractical to determine the amount of such contributions.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-11 HEARING AFTER DENIAL OF APPLICATION FOR A PERMIT – EXCEPTIONS – DECISIONS

Within five (5) days after receiving notification by registered mail that his application for a permit to solicit under this chapter has been denied, any applicant may file a written request for a public hearing on the application before the Director of Public Works or his designee, together with written exceptions to the findings of fact upon which the Director of Public Works or his designee based his denial of the application. Upon the filing of such a request, the Director of Public Works or his designee shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within five (5) days after the request is filed. At the hearing the applicant may present evidence in support of his application and exceptions. Any interested person may, in the discretion of the Director of Public Works or his designee, be allowed to participate in the hearing and present evidence in opposition to the application and exceptions. Within ten (10) days after the conclusion of the hearing, the Director of Public Works or his designee shall render a written report either granting or denying the application for a permit. In this report, the Director of Public Works or his designee shall state the facts upon which his decision is based, and his ruling upon any exceptions filed to his original findings of fact upon the application. This report shall be filed in the Public Works Department for public inspection and a copy shall be served by registered mail upon the applicant and all parties to the hearing.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-12 REVOCATION OF PERMITS – HEARING – DECISION

Whenever it shall be shown, or whenever the Director of Public Works or his designee has knowledge, that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter, or that any promoter, agent, or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Director of Public Works or his designee shall immediately suspend the permit and give the permit holder written notice by registered mail or by special delivery of a hearing to be held within two (2) days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Director of Public Works or his designee has acted in suspending the permit. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the Director of Public Works or his designee based the suspension of the permit, and any other facts which may aid the Director of Public Works or his designee in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the Director of Public Works or his designee finds that the chapter has been violated, or the purpose of the solicitation has been misrepresented, he shall, within two (2) days after the hearing, file in his office for public inspection and serve upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit. If, after such hearing the Director of Public Works or his designee finds that the ordinance has been violated and the purpose of the solicitation has been misrepresented, he shall, within two (2) days after the hearing file in his office for public inspection and serve upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit. If, after such hearing the Director of Public Works or his designee finds that the chapter has not been violated and the purpose of the solicitation has not been misrepresented, he shall, within two (2) days after the hearing, give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-13 NOTICE OF SUSPENSION OR REVOCATION OF PERMIT TO PROPER LAW ENFORCEMENT AUTHORITY

The proper law enforcement authority shall be notified forthwith by the Director of Public Works or his designee of the suspension or revocation of any permit issued under this chapter.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-14 BOOKS AND RECORDS OF PERMIT HOLDERS

No person shall solicit any contributions for any charitable 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.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-15 REPORT REQUIRED FROM PERMIT HOLDER

It shall be the duty of all persons issued permits under this chapter to furnish to the Director of Public Works or his designee within thirty (30) days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, 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 solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the Public Works Department at any reasonable time; provided, however, that the Director of Public Works or his designee may extend the time for the filing of the report required by this section for an additional period of thirty (30) days upon proof that the filing of the report within the time specified will cause unnecessary hardship to the permit holder. The permit holder shall make available to the Director of Public Works or his designee, all books, records, and papers whereby the accuracy of the report required by this section may be checked.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-16 RELIGIOUS SOLICITATIONS – REGISTRATION AND CERTIFICATE REQUIRED – CREDENTIALS FOR SOLICITORS

No person shall solicit contributions for any religious purpose within the City of Fort Pierre without a certificate from the Director of Public Works or his designee. Application for a certificate shall be made to the Director of Public Works or his designee upon forms provided by the City of Fort Pierre. Such application shall be sworn to or affirmed 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 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 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 proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom.

D. A specific statement, supported by reasons and, if available, figures, showing the need for the contributions to be solicited.

E. The name and address of the person or persons by whom the receipts of such solicitations shall be disputed.

F. The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation.

G. An outline of the method or methods to be used in conducting the solicitations.

H. The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitation.

I. The estimated cost of the solicitation.

J. 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.

K. A financial statement for the last preceding fiscal year of any funds collected for religious purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof.

L. A full statement of the character and extent of the religious work being done by the applicant within the City of Fort Pierre.

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 of Fort Pierre, or by any department or officer thereof.

N. Such other information as may be submitted to the Director of Public Works or his designee in order for him to determine the kind and character of the proposed solicitation.

If, while any application is pending, or during the term of any certificate granted thereon, there is any change in the application, the applicant shall notify the Director of Public Works or his designee in writing thereof within twenty-four (24) hours after such change.

Upon receipt of such application, the Director of Public Works or his designee shall forthwith issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six (6) months after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of a new application as provided for in this chapter. Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does not constitute an endorsement by the City of Fort Pierre, its departments, or officers. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors, such credentials to conform to the requirements specified for credentials in S-2-9, and a copy of such credentials shall be filed with the Director of Public Works or his designee at the time of the filing of the application for a certificate. No person shall solicit for any religious cause without having such credentials in his possession, together with a copy of the certificate of registration under which the solicitation is being conducted, and such person shall, upon demand, present these credentials and this copy of the certificate to any person solicited or to any local law enforcement officer of the City of Fort Pierre; provided, however, that the provisions of this chapter shall not apply to any established person organized and operated exclusively for religious purposes and not operated for the pecuniary profit of any person if 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 if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-17 INVESTIGATION OF AFFAIRS OF PERSONS SOLICITING FOR RELIGIOUS PURPOSES AND PERSONS EXEMPT FROM PERMIT AND CERTIFICATE REQUIREMENTS – PUBLICATION OF FINDINGS

The Director of Public Works is authorized to investigate the affairs of any person soliciting for religious purposes under a certificate issued under S-2-16, and the affairs of any person exempted from the requirement of a permit under S-2-2 or exempted from the requirement of a certificate under S-2-16, and make public his written findings in order that the public may be fully informed as to the affairs of any of said persons. Said persons shall make available to the Director of Public Works or his designee all books, records, or other information reasonably necessary to enable the Director of Public Works or his designee to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons; provided, however, that five (5) days before the public release of any findings under this chapter, the Director of Public Works or his designee must first serve a copy of such findings upon the person investigated and, at the time of the release of his findings, he must release a copy of any written statement said person may file with the Director of Public Works or his designee in explanation, denial, or confirmation of such findings.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18

S-2-18 USE OF FICTITIOUS NAME – FRAUDULENT MISREPRESENTATION AND MISSTATEMENTS PROHIBITED

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the City of Fort Pierre, or in any application or report filed under this ordinance.

Source:

Authority: SDCL 9-34-1, 9-34-8, 9-34-18