§467B-5.5  Commercial co-venturer's
charitable sales promotions.  (a)  All charitable sales promotions by a
commercial co-venturer shall disclose the name of the commercial co- venturer.



(b)  Prior to the commencement of any
charitable sales promotion in this State conducted by a commercial co-venturer
using the name of a charitable organization, the commercial co-venturer shall
obtain the written consent of the charitable organization whose name will be
used during the charitable sales promotion.  The commercial co-venturer shall
file a copy of the written consent with the department not less than ten days
prior to the commencement of the charitable sales promotion within this State. 
An authorized representative of the charitable organization and the commercial
co-venturer shall sign the written consent, and the terms of the written
consent shall include the following:



(1)  The goods or services to be offered to the
public;



(2)  The geographic area where, and the starting and
final date when, the offering is to be made;



(3)  The manner in which the name of the charitable
organization is to be used, including any representation to be made to the
public as to the amount or per cent per unit of goods or services purchased or
used that is to benefit the charitable organization;



(4)  A provision for a final accounting on a per unit
basis to be given by the commercial co-venturer to the charitable organization
and the date when it is to be made; and



(5)  The
date when and the manner in which the benefit is to be conferred on the
charitable organization.



(c)  A final accounting for each charitable
sales promotion shall be prepared by the commercial co-venturer following the
completion of the promotion.  A copy of the final accounting shall be provided
to the attorney general not more than twenty days after the copy is requested
by the attorney general.  A copy of the final accounting shall be provided to
the charitable organization not more than twenty days after the copy is
requested by the charitable organization.  The final accounting shall be kept
by the commercial co-venturer for a period of three years, unless the
commercial co-venturer and the charitable organization mutually agree that the
accounting should be kept by the charitable organization instead of the
commercial co-venturer. [L 1993, c 206, pt of §1; am L 2004, c 93, §6; am L
2008, c 174, §5]