§ 9-10-5. Prohibited acts.

In addition to the prohibited acts enumerated in section 57-57 of the Code of Virginia (1950), as amended, it shall be unlawful for any person to violate any of the provisions of this section in connection with any solicitation regulated by this article:

(1)

No person shall knowingly make any false or misleading statement or otherwise engage in any deceptive practice.

(2)

No person shall use the endorsement of any individual or organization without the endorser's written consent; provided, however, participation in a solicitation is deemed to be such consent. Nothing contained in this section shall prevent the publication of names of contributors, without their written consent, in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.

(3)

No person shall denominate any membership fee or purchase price of goods or services sold as a contribution or as a donation or in any other manner represent or imply that the member or the purchaser of such goods or services will be entitled to an income tax deduction for his or her cost, or any portion thereof, unless there shall first have been obtained a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding such cost to be deductible. No charitable organization, other than an organization exempt under section 57-60(A)(3) of the Code of Virginia (1950), as amended, shall represent or imply that a contributor will be entitled to an income tax deduction for his contribution unless there shall first have been obtained a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding gifts to such organization to be so deductible.

(4)

No person shall use or display the name or emblem of a charitable organization in a solicitation without the organization's consent.

(5)

a.

No professional solicitor shall solicit in the name of or on behalf of any charitable organization unless such solicitor has written authorization of two officers of such organization, which authorization shall bear the signature of the solicitor and shall expressly state on its face the period for which it is valid, not to exceed one year from the date issued. A copy of such authorization shall be filed with the director.

b.

Professional solicitors shall carry such written authorization on or about their person when making any such solicitation and shall exhibit the same on request to any person solicited by them or to any police officer of the city or agent of the director.

(6)

No charitable organization shall accept any contribution exceeding $5 in cash or tangible personal property without providing, upon request of the donor, a written receipt signed by the person accepting such contribution.

(7)

No person shall solicit within the city if such person has been convicted in any jurisdiction of embezzlement, larceny or other crime involving the obtaining of money or property by false pretenses or the misapplication of funds impressed with a trust, unless such person has received a pardon for such offense or the public is informed of such conviction in a manner approved in writing by the director before any solicitation occurs. No person shall solicit within the city if such person has ever been enjoined by any court or otherwise prohibited from soliciting in any jurisdiction, unless the director shall first determine in writing that such person is entitled to solicit in such jurisdiction at the time of soliciting within the city and that the reason for such injunction or prohibition does not involve moral turpitude. (Ord. No. 2662, 3/13/82 Sec. 2; Ord. No. 5104, 2/24/18, Sec. 1)