Charleston, S.C., City Code § 17-108 Charitable soliciting permit.
Sec. 17-108. - Charitable soliciting permit.
(1) No person shall engage in charitable soliciting within the corporate limits of the city without first obtaining a charitable solicitor's permit in compliance with the provisions of this article. Any charitable solicitor working for a corporation or other legally recognized organization shall individually obtain a charitable solicitor's permit.
(2) Application for a charitable soliciting permit. Applicants for a charitable soliciting permit under this article shall file with the chief of police an application in writing on a form to be furnished by the revenue collections department, which shall give the following information:
(a) The purpose of the charitable soliciting;
(b) The name and description of the applicant including the full name of the applicant as it appears on the applicant's birth certificate or court order if such court order was issued after the issuance of the applicant's birth certificate and the name of the applicant on the subsequently-issued court order is different from the name on the applicant's birth certificate;
(c) Permanent home and local address of the applicant;
(d) The name of the charitable organization and its address along with the names, addresses, and telephone numbers of its principal officers;
(e) A description of any vehicle to be used and its license number;
(f) The location(s) where the charitable solicitation is to occur;
(g) The date(s) of the charitable solicitation;
(h) The approximate number of persons to be engaged in the charitable soliciting; and the times of day when the charitable soliciting is to occur;
(i) A statement indicating whether or not the applicant has been convicted of a felony or misdemeanor. If so, the nature of the offense, the date and place of the offense, and the punishment imposed;
(i) A statement indicating whether or not a civil judgment has ever been entered against the applicant for fraud, deceit, or misrepresentation. If so, the nature of the action, the location of the court that heard the matter, the approximate date and amount of the judgment;
(j) A recent photograph of the applicant showing the head and shoulders of the applicant in a clear and distinguishing manner; and
(k) Applicants under the age of eighteen (18), who are not married or are not emancipated, may apply for a permit with the signed consent of their parent or legal guardian.
(3) Investigation of charitable soliciting applicant; issuance. The chief of police, in conjunction with the director of the department of revenue collections, shall issue a charitable solicitor's permit within seven (7) days as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, they find that:
(a) The applicant has not had a permit suspended or revoked within the twelve (12) months immediately preceding the date of the application for a permit.
(b) There are no material omissions, untrue or misleading information contained in or omitted from the permit application;
(c) There has not been another soliciting permit issued for the same location as the location being applied for;
(d) The applicant has not been convicted of a felony, or misdemeanor involving a sex offense, controlled substances, or any violent acts against person or property;
(e) The applicant has not had a civil judgment or criminal conviction entered against them based upon fraud, deceit or misrepresentation;
(f) There are no warrants outstanding against the applicant; and
(g) The conduct of the charitable soliciting will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic, contiguous to the location requested on the permit application.
If as a result of such investigation, the application for a permit is denied, the individual denying the permit shall endorse on such application his disapproval and notify the applicant of the reasons for denial.
If as a result of such investigation, the application is granted, both the Charleston police department and the city revenue collections division shall endorse on the application their approval, and the city revenue collections division shall execute a permit addressed to the applicant. The director of revenue collections shall inquire into the nature of the business, the anticipated volume of sales and other details necessary to determine the amount of any business license fee required by the annual city business license ordinance. Upon payment of any such prescribed business license fee and permit fee by the applicant, the director of revenue collections shall deliver to the applicant his permit and license, if required.
(4) Revocation of charitable solicitor's permit. Charitable solicitor permits issued under the provisions of this article may be revoked by the committee on business licenses after notice and hearing, for any of the following causes:
(a) Fraud, misrepresentation, or false statement contained in the application for the permit;
(b) Fraud, misrepresentation or false statement made in the course of carrying the activity allowed under the permit;
(c) Any violation of this article;
(d) Conviction of a felony or misdemeanor involving a sex offense, controlled substances, or any violent acts against person or property;
(e) A civil judgment or criminal conviction for fraud, deceit, or misrepresentation;
(f) Conducting the permitted activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or
(g) Failure to possess the identification required by the following Section 17-105.
Notice of the hearing for a revocation of a charitable solicitation permit shall be given in writing, setting forth specifically the grounds for the revocation, and the time and place of the revocation hearing. Such notice shall be mailed, postage prepaid, to the permittee at the address listed on their permit application at least ten (10) days prior to the date set for the revocation hearing.
(5) Appeals. Any person aggrieved by the action of the chief of police or the revenue collections director in the denial of a permit as provided in this section shall have the right to appeal to the City of Charleston's committee on business licenses by filing with the city's clerk of council a statement in writing setting forth plainly and fully the grounds for the appeal. The appeal shall be filed within thirty (30) days after the aggrieved person receives actual notice of the decision of the chief of police or the revenue collections director.
Any person aggrieved by the action of the committee on business licenses in the revocation of a permit as provided in this section shall have the right to appeal to the circuit court in and for the County of Charleston by filing with the clerk of court a petition in writing setting forth plainly and fully why the decision is contrary to law. The appeal must be filed within thirty (30) days after the aggrieved person receives actual notice of the decision of the committee on business licenses.
(Ord. No. 2014-40, § 1, 3-25-14)