§ 26-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.

Charitable organization or charity means an organization established for any charitable purpose and includes, but is not limited to, organizations described in section 501(c)(3) of the Internal Revenue Code of 1986.

Contributions means and includes the term "alms," "food," "clothing," "money," "property," "subscription" or "pledge," and also donations under the guise of loans of money or property.

Cost of solicitation means all costs of whatever nature incurred in raising the funds solicited, specifically including, but not limited to, the reasonable cost of acquiring goods, merchandise, or an entertainment event, and compensation in whatever form paid to a professional promoter or solicitor.

Professional promoter means a person who, for compensation, plans, promotes, conducts, manages, or carries on or attempts to plan, promote, conduct, manage, or carry on any drive or campaign for the purpose of soliciting contributions for or on behalf of any charity or engages in the business of soliciting contributions for charitable purposes. A bona fide officer or regular employee of a charity shall not be deemed a professional promoter by reason of his participation in charitable solicitations made by or on behalf of his employer. A professional promoter must register with the Consumer Protection Division, Office of the Attorney General of the State of Indiana, pursuant to IC 23-7-8-2.

Professional solicitor means any person other than a professional promoter who is employed or retained for compensation to make solicitations in connection with a charitable solicitation. A bona fide officer or regular employee of a charity shall not be deemed a professional solicitor by reason of his participation in charitable solicitations made by or on behalf of his employer. A professional solicitor must register with the Consumer Protection Division, Office of the Attorney General of the State of Indiana, pursuant to IC 23-7-8-2.

Religious, religion or church means any organization or activity directly involving the promulgation or observance of any system of worship or to the building or maintenance of places of worship. The term "religious," "religion," or "church" as used herein do not include charitable activities as defined herein, even though carried on or sponsored by a religious organization.

Solicit and solicitation means the request, directly or indirectly, of money, credit, property, financial assistance, or other thing of value on the plea or representation that the money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose as those purposes are defined in this section. These words shall also mean and include, but not be limited to, the following methods of securing such money, credit, property, financial assistance, or other thing of value:

(1)

Any oral or written request;

(2)

The making of any announcement to the local press or by telephone concerning a local appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith;

(3)

The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other local publications;

(4)

The sale of, or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, membership, merchandise, subscription, ticket or other thing;

(5)

Solicitation shall be deemed to have taken place when the request is made, whether or not the person making the same receives any contribution referred to in this section.

(Code 1968, tit. 111, art. 1; Code 1985, § 112.01; Ord. No. 1799, 11-5-1975; Ord. No. 4503, 7-17-2000)