Columbus City Codes § 525.01 Definitions.
525.01 - Definitions.
For the purposes of enforcing this chapter, the following words are defined and shall have the meaning ascribed to them as hereafter set forth unless the context clearly requires a different meaning:
(A) "Charitable" means any benevolent, philanthropic, patriotic, or educational purpose.
(B) "Cost of solicitation" means all costs incurred in raising the funds solicited. The "cost of solicitation" shall include any compensation, in whatever form, paid to a "professional fundraiser" or "professional solicitor." The cost of solicitation shall not include:
(1) where a show, benefit, dance, bazaar, raffle, sporting or social event, or other similar event is held nor the cost of giving or holding such a show or event;
(2) the cost of making or acquiring a publication which is sold for, or has space sold for charitable purposes;
(3) where goods or commodities are sold; the cost of making or acquiring such goods or commodities.
(C) "Contribution" means the promise or grant of any money or property of any kind or value.
(D) "Person" shall mean any individual, organization, firm, partnership, company, corporation, association, joint stock association, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative.
(E) "Professional fundraiser" means any person who, for compensation, plans, conducts, manages, or carries on any drive or campaign in this city for the purpose of soliciting contributions for or on behalf of any charitable organization, or who engages in the business of or who represents themselves to persons in this city as independently engaged in the business of soliciting contributions for charitable purposes. A bona fide officer or employee of a charitable organization shall not be deemed a professional fundraiser.
(F) "Solicit" and "solicitations" shall 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. A "solicitation" as defined herein, shall be deemed completed when made, whether or not any contribution is received or sale is made.
(G) "Fundraising counsel" means any person who plans, manages, advises, consults, or prepares material for compensation with respect to solicitation in Columbus for any charitable organization. It shall also mean any person(s) who at any time has custody of contributions from a solicitation, but does not solicit contributions and does not employ, procure, or otherwise engage any compensated person to solicit contributions.
"Fundraising counsel" does not include the following:
(1) An attorney, investment counselor, or banker who in the conduct of his profession advises a client; (2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization, who has full knowledge of the services being performed on its behalf and either of the following applies:
(a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed on behalf of the organization that employs the bona fide officer or employee or engages the services of the bona fide volunteer;
(b) The charitable organization on whose behalf the services are performed shares some element of common control or an historic or continuing relationship with the charitable organization that performs the services or employs the bona fide officer or employee or engages the services of the bona fide volunteer;
(2) An employee who is not engaged in the business of soliciting contributions or conducting charitable sales promotions, but who incidentally solicits contributions for a charitable organization or purpose without compensation;
(3) A compensated employee of an employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at the direction of their employer.
(H) "Professional solicitor" means any person who, for compensation, performs on behalf of or for the benefit of a charitable organization any service in connection with which contributions are or will be solicited in this state by the compensated person or by any person it employs, procures, or otherwise engages directly or indirectly to solicit contributions. "Professional solicitor" does not include the following:
(1) An attorney, investment counselor, or banker who in the conduct of that profession advises a client;
(2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization, when the charitable organization has full knowledge of the services being performed on its behalf and either of the following applies:
(a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed on behalf of the charitable organization that employs the bona fide officer or employee or engages the services of the bona fide volunteer;
(b) The charitable organization on whose behalf the services are performed shares some element of common control or an historic or continuing relationship with the charitable organization that performs the services or employs the bona fide officer or employee or engages the services of the bona fide volunteer;
(3) An employee who is not engaged in the business of soliciting contributions or conducting charitable sales promotions but who incidentally solicits contributions for a charitable organization or purpose without compensation;
(4) A compensated employee of an employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at the direction of their employer.
(5) "Fundraising counsel" as defined in division (G).
(I) "Distribution" has the same meaning as defined in CCC Sec. 2333.01(F).
(J) "Director" shall mean the Director of the Department of Building and Zoning Services, or their designee.
(Ord. No. 1589-2017, § 1, 6-19-2017; Ord. No. 2043-2018, § 1, 7-23-2018; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 0768-2024, § 3, 3-18-2024)
