Oklahoma City Municipal Code § 13-11 Definitions.
§ 13-11. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Charitable means patriotic, philanthropic, religious, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.
(2) Commission means the Oklahoma State Tax Commission.
(3) Cost of solicitation means all costs of whatever nature incurred in raising the funds solicited, except where a solicitation includes:
a. the sale of tickets for a show, benefit, dance, bazaar, raffle, sporting or social event, or other event; or
b. the sale of a publication or advertising space in a publication; or
c. the sale of goods or commodities, the reasonable cost of giving or holding the show, benefit, dance, bazaar, raffle, sporting or social event or other similar event, or the reasonable cost of making or acquiring such publication or such goods or commodities, but not including the cost of selling the same.
Compensation in whatever form, paid to a professional promoter or professional solicitor, is a part of the cost of solicitation, including the promoter's charge for selling the tickets, advertising or goods or commodities.
(4) 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 charitable, educational, religious, patriotic or philanthropic purpose, on the streets, in any office building or business building, by house-to-house canvass, or in any other public or private place, by telephone, by personal solicitation, by mail, or in any other way, unless such person has first obtained a permit as provided for in this chapter.
(5) Professional solicitor means a person other than a professional promoter who is employed or retained for compensation to make solicitations in connection with a charitable solicitation or solicitations. A bona fide officer or regular employee of a charitable organization shall not be deemed a professional solicitor by reason of his participation in charitable solicitations made by or on behalf of his employer.
(6) Solicit and solicitations mean the request, either directly or indirectly, for money or financial assistance on the plea or representation that such money or financial assistance will be used for a charitable purpose. Without limiting the generality of the above, the words shall include the following methods of securing money or financial assistance on the plea or representation that it will be used for a charitable purpose:
a. any oral or written request;
b. the distribution, circulation, mailing, posting, or publishing of any handbills, written advertisement or publication;
c. the making of any announcement through the press, radio, television, or by telephone or telegraph concerning an appeal, assembly, athletic or sporting event, bazaar, benefit, campaign, contest, dance, dinner, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, or similar events, which the general public is requested to patronize or to which the general public is requested to make contribution;
d. the sale of, or the offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing. A solicitation shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.
(Code 1970, § 9-52; Code 1980, § 13-11; Ord. No. 18623, § 3, 11-4-86)
