As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Agriculture and Consumer Services.
"Charitable organization" means any person which is or holds itself out tobe organized or operated for any charitable purpose, or any person whichsolicits or obtains contributions solicited from the public. This definitionshall not be deemed to include (i) any church or convention or association ofchurches, primarily operated for nonsecular purposes and no part of the netincome of which inures to the direct benefit of any individual; (ii) anypolitical party as defined in § 24.2-101 or any political campaign committeeor political action committee or other political committee required by stateor federal law to file a report or statement of contributions andexpenditures; or (iii) any authorized individual who solicits, by authorityof such organization, solely on behalf of a registered or exempt charitableorganization or on behalf of an organization excluded from the definition ofcharitable organization.
"Charitable purpose" means any charitable, benevolent, humane,philanthropic, patriotic, or eleemosynary purpose and the purposes ofinfluencing legislation or influencing the actions of any public official orinstigating, prosecuting, or intervening in litigation.
"Charitable sales promotion" means advertised sales that feature the namesof both the commercial co-venturer and the charitable or civic organizationand which state that the purchase or use of the goods, services,entertainment, or any other thing of value that the commercial co-venturernormally sells, will benefit the charitable or civic organization or itspurposes. To qualify as a charitable sales promotion, the consumer must paythe same price for the thing of value as the commercial co-venturer usuallycharges without the charitable sales promotion and the consumer retains thething of value.
"Civic organization" means any local service club, veterans' post,fraternal society or association, volunteer fire or rescue groups, or localcivic league or association of 10 or more persons not organized for profitbut operated exclusively for educational or charitable purposes as definedherein, including the promotion of community welfare, and the net earnings ofwhich are devoted exclusively to charitable, educational, recreational orsocial welfare purposes.
"Commercial co-venturer" means any person who (i) is organized for profit,(ii) is regularly and primarily engaged in trade or commerce, other than inconnection with soliciting for charitable or civic organizations orcharitable purposes, and (iii) conducts an advertised charitable salespromotion for a specified limited period of time.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Contribution" means any gift, bequest, devise or other grant of any money,credit, financial assistance or property of any kind or value, including thepromise to contribute, except payments by the membership of an organizationfor membership fees, dues, fines, or assessments, or for services rendered toindividual members, and except money, credit, financial assistance orproperty received from any governmental authority. The term "contribution"shall not include any donation of blood or any gift made pursuant to Article2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1.
"Federated fund-raising organization" means any federation of independentcharitable organizations which have voluntarily joined together, includingbut not limited to a United Fund or Community Chest, for purposes of raisingand distributing money for and among themselves and where membership does notconfer operating authority and control of the individual agencies upon thefederated group organization.
"File with the Commissioner" means depositing the originals of thedocuments required to be filed, along with the payment of the appropriate feeand all supporting documents with the Office of Consumer Affairs, orsubmitting the required documents and any appropriate attachments and fees byutilizing an online filing system approved by the Commissioner.
"Fund-raising expenses" means the expenses of all activities thatconstitute or are an integral and inseparable part of a solicitation.
"Membership" means those persons to whom, for payment of fees, dues,assessments, etc., an organization provides services and confers a bona fideright, privilege, professional standing, honor or other direct benefit, inaddition to the right to vote, elect officers, or hold offices. The term"membership" shall not include those persons who are granted a membershipupon making a contribution as the result of solicitation.
"Parent organization" means that part of a charitable organization whichcoordinates, supervises or exercises control over policy, fund raising, andexpenditures, or assists or advises one or more chapters, branches oraffiliates.
"Person" means any individual, organization, trust, foundation,association, partnership, corporation, society, or other group or combinationacting as a unit.
"Professional fund-raising counsel" means any person who for a flat fixedfee under a written agreement plans, conducts, manages, carries on, advisesor acts as a consultant, whether directly or indirectly, in connection withsoliciting contributions for, or on behalf of, any charitable or civicorganization, but who actually solicits no contributions as a part of suchservices. A bona fide salaried officer or employee of a registered or exemptcharitable organization or the bona fide salaried officer or employee of aregistered parent organization shall not be deemed to be a professionalfund-raising counsel.
"Professional solicitor" means any person who, for a financial or otherconsideration, solicits contributions for, or on behalf of, a charitable orcivic organization, whether such solicitation is performed personally orthrough his agents, servants, or employees or through agents, servants, oremployees specially employed by, or for a charitable or civic organization,who are engaged in the solicitation of contributions under the direction ofsuch person, or any person who, for a financial or other consideration,plans, conducts, manages, carries on, advises or acts as a consultant to acharitable or civic organization in connection with the solicitation ofcontributions but does not qualify as a professional fund-raising counsel. Abona fide salaried officer or employee of a registered or exempt charitableorganization or a bona fide salaried officer or employee of a registeredparent organization shall not be deemed to be a professional solicitor.
"Sale," "sell" and "sold" mean the transfer of any property or therendition of any service to any person in exchange for consideration,including any purported contribution without which such property would nothave been transferred or such services would not have been rendered.
"Solicit" and "solicitation" mean the request or appeal, directly orindirectly, for any contribution on the plea or representation that suchcontribution will be used for a charitable purpose, including, withoutlimitation, the following methods of requesting such contribution:
1. Any oral or written request;
2. Any announcement to the press, over the radio or television, or bytelephone or telegraph concerning an appeal or campaign to which the publicis requested to make a contribution for any charitable purpose connectedtherewith;
3. The distribution, circulation, posting or publishing of any handbill,written advertisement or other publication which directly or by implicationseeks to obtain public support; or
4. The sale of, offer or attempt to sell, any advertisement, advertisingspace, subscription, ticket, or any service or tangible item in connectionwith which any appeal is made for any charitable purpose or where the name ofany charitable or civic organization is used or referred to in any suchappeal as an inducement or reason for making any such sale, or when or wherein connection with any such sale, any statement is made that the whole or anypart of the proceeds from any such sale will be donated to any charitablepurpose.
"Solicitation" as defined herein, shall be deemed to occur when the requestis made, at the place the request is received, whether or not the personmaking the same actually receives any contribution.
"Terrorists and terrorist organizations" means any person, organization,group or conspiracy who assists or has assisted terrorist organizations, asprovided in 18 U.S.C. § 2339 B or who commits or attempts to commit acts ofterrorism, as defined in § 18.2-46.4.
(1974, c. 574; 1979, cc. 124, 595, 598; 1983, c. 374; 1984, c. 268; 1988, c.322; 1990, c. 711; 1996, c. 461; 2003, cc. 576, 977, 1009; 2005, c. 329;2007, cc. 92, 907.)
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Agriculture and Consumer Services.
"Charitable organization" means any person which is or holds itself out tobe organized or operated for any charitable purpose, or any person whichsolicits or obtains contributions solicited from the public. This definitionshall not be deemed to include (i) any church or convention or association ofchurches, primarily operated for nonsecular purposes and no part of the netincome of which inures to the direct benefit of any individual; (ii) anypolitical party as defined in § 24.2-101 or any political campaign committeeor political action committee or other political committee required by stateor federal law to file a report or statement of contributions andexpenditures; or (iii) any authorized individual who solicits, by authorityof such organization, solely on behalf of a registered or exempt charitableorganization or on behalf of an organization excluded from the definition ofcharitable organization.
"Charitable purpose" means any charitable, benevolent, humane,philanthropic, patriotic, or eleemosynary purpose and the purposes ofinfluencing legislation or influencing the actions of any public official orinstigating, prosecuting, or intervening in litigation.
"Charitable sales promotion" means advertised sales that feature the namesof both the commercial co-venturer and the charitable or civic organizationand which state that the purchase or use of the goods, services,entertainment, or any other thing of value that the commercial co-venturernormally sells, will benefit the charitable or civic organization or itspurposes. To qualify as a charitable sales promotion, the consumer must paythe same price for the thing of value as the commercial co-venturer usuallycharges without the charitable sales promotion and the consumer retains thething of value.
"Civic organization" means any local service club, veterans' post,fraternal society or association, volunteer fire or rescue groups, or localcivic league or association of 10 or more persons not organized for profitbut operated exclusively for educational or charitable purposes as definedherein, including the promotion of community welfare, and the net earnings ofwhich are devoted exclusively to charitable, educational, recreational orsocial welfare purposes.
"Commercial co-venturer" means any person who (i) is organized for profit,(ii) is regularly and primarily engaged in trade or commerce, other than inconnection with soliciting for charitable or civic organizations orcharitable purposes, and (iii) conducts an advertised charitable salespromotion for a specified limited period of time.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Contribution" means any gift, bequest, devise or other grant of any money,credit, financial assistance or property of any kind or value, including thepromise to contribute, except payments by the membership of an organizationfor membership fees, dues, fines, or assessments, or for services rendered toindividual members, and except money, credit, financial assistance orproperty received from any governmental authority. The term "contribution"shall not include any donation of blood or any gift made pursuant to Article2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1.
"Federated fund-raising organization" means any federation of independentcharitable organizations which have voluntarily joined together, includingbut not limited to a United Fund or Community Chest, for purposes of raisingand distributing money for and among themselves and where membership does notconfer operating authority and control of the individual agencies upon thefederated group organization.
"File with the Commissioner" means depositing the originals of thedocuments required to be filed, along with the payment of the appropriate feeand all supporting documents with the Office of Consumer Affairs, orsubmitting the required documents and any appropriate attachments and fees byutilizing an online filing system approved by the Commissioner.
"Fund-raising expenses" means the expenses of all activities thatconstitute or are an integral and inseparable part of a solicitation.
"Membership" means those persons to whom, for payment of fees, dues,assessments, etc., an organization provides services and confers a bona fideright, privilege, professional standing, honor or other direct benefit, inaddition to the right to vote, elect officers, or hold offices. The term"membership" shall not include those persons who are granted a membershipupon making a contribution as the result of solicitation.
"Parent organization" means that part of a charitable organization whichcoordinates, supervises or exercises control over policy, fund raising, andexpenditures, or assists or advises one or more chapters, branches oraffiliates.
"Person" means any individual, organization, trust, foundation,association, partnership, corporation, society, or other group or combinationacting as a unit.
"Professional fund-raising counsel" means any person who for a flat fixedfee under a written agreement plans, conducts, manages, carries on, advisesor acts as a consultant, whether directly or indirectly, in connection withsoliciting contributions for, or on behalf of, any charitable or civicorganization, but who actually solicits no contributions as a part of suchservices. A bona fide salaried officer or employee of a registered or exemptcharitable organization or the bona fide salaried officer or employee of aregistered parent organization shall not be deemed to be a professionalfund-raising counsel.
"Professional solicitor" means any person who, for a financial or otherconsideration, solicits contributions for, or on behalf of, a charitable orcivic organization, whether such solicitation is performed personally orthrough his agents, servants, or employees or through agents, servants, oremployees specially employed by, or for a charitable or civic organization,who are engaged in the solicitation of contributions under the direction ofsuch person, or any person who, for a financial or other consideration,plans, conducts, manages, carries on, advises or acts as a consultant to acharitable or civic organization in connection with the solicitation ofcontributions but does not qualify as a professional fund-raising counsel. Abona fide salaried officer or employee of a registered or exempt charitableorganization or a bona fide salaried officer or employee of a registeredparent organization shall not be deemed to be a professional solicitor.
"Sale," "sell" and "sold" mean the transfer of any property or therendition of any service to any person in exchange for consideration,including any purported contribution without which such property would nothave been transferred or such services would not have been rendered.
"Solicit" and "solicitation" mean the request or appeal, directly orindirectly, for any contribution on the plea or representation that suchcontribution will be used for a charitable purpose, including, withoutlimitation, the following methods of requesting such contribution:
1. Any oral or written request;
2. Any announcement to the press, over the radio or television, or bytelephone or telegraph concerning an appeal or campaign to which the publicis requested to make a contribution for any charitable purpose connectedtherewith;
3. The distribution, circulation, posting or publishing of any handbill,written advertisement or other publication which directly or by implicationseeks to obtain public support; or
4. The sale of, offer or attempt to sell, any advertisement, advertisingspace, subscription, ticket, or any service or tangible item in connectionwith which any appeal is made for any charitable purpose or where the name ofany charitable or civic organization is used or referred to in any suchappeal as an inducement or reason for making any such sale, or when or wherein connection with any such sale, any statement is made that the whole or anypart of the proceeds from any such sale will be donated to any charitablepurpose.
"Solicitation" as defined herein, shall be deemed to occur when the requestis made, at the place the request is received, whether or not the personmaking the same actually receives any contribution.
"Terrorists and terrorist organizations" means any person, organization,group or conspiracy who assists or has assisted terrorist organizations, asprovided in 18 U.S.C. § 2339 B or who commits or attempts to commit acts ofterrorism, as defined in § 18.2-46.4.
(1974, c. 574; 1979, cc. 124, 595, 598; 1983, c. 374; 1984, c. 268; 1988, c.322; 1990, c. 711; 1996, c. 461; 2003, cc. 576, 977, 1009; 2005, c. 329;2007, cc. 92, 907.)
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Agriculture and Consumer Services.
"Charitable organization" means any person which is or holds itself out tobe organized or operated for any charitable purpose, or any person whichsolicits or obtains contributions solicited from the public. This definitionshall not be deemed to include (i) any church or convention or association ofchurches, primarily operated for nonsecular purposes and no part of the netincome of which inures to the direct benefit of any individual; (ii) anypolitical party as defined in § 24.2-101 or any political campaign committeeor political action committee or other political committee required by stateor federal law to file a report or statement of contributions andexpenditures; or (iii) any authorized individual who solicits, by authorityof such organization, solely on behalf of a registered or exempt charitableorganization or on behalf of an organization excluded from the definition ofcharitable organization.
"Charitable purpose" means any charitable, benevolent, humane,philanthropic, patriotic, or eleemosynary purpose and the purposes ofinfluencing legislation or influencing the actions of any public official orinstigating, prosecuting, or intervening in litigation.
"Charitable sales promotion" means advertised sales that feature the namesof both the commercial co-venturer and the charitable or civic organizationand which state that the purchase or use of the goods, services,entertainment, or any other thing of value that the commercial co-venturernormally sells, will benefit the charitable or civic organization or itspurposes. To qualify as a charitable sales promotion, the consumer must paythe same price for the thing of value as the commercial co-venturer usuallycharges without the charitable sales promotion and the consumer retains thething of value.
"Civic organization" means any local service club, veterans' post,fraternal society or association, volunteer fire or rescue groups, or localcivic league or association of 10 or more persons not organized for profitbut operated exclusively for educational or charitable purposes as definedherein, including the promotion of community welfare, and the net earnings ofwhich are devoted exclusively to charitable, educational, recreational orsocial welfare purposes.
"Commercial co-venturer" means any person who (i) is organized for profit,(ii) is regularly and primarily engaged in trade or commerce, other than inconnection with soliciting for charitable or civic organizations orcharitable purposes, and (iii) conducts an advertised charitable salespromotion for a specified limited period of time.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Contribution" means any gift, bequest, devise or other grant of any money,credit, financial assistance or property of any kind or value, including thepromise to contribute, except payments by the membership of an organizationfor membership fees, dues, fines, or assessments, or for services rendered toindividual members, and except money, credit, financial assistance orproperty received from any governmental authority. The term "contribution"shall not include any donation of blood or any gift made pursuant to Article2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1.
"Federated fund-raising organization" means any federation of independentcharitable organizations which have voluntarily joined together, includingbut not limited to a United Fund or Community Chest, for purposes of raisingand distributing money for and among themselves and where membership does notconfer operating authority and control of the individual agencies upon thefederated group organization.
"File with the Commissioner" means depositing the originals of thedocuments required to be filed, along with the payment of the appropriate feeand all supporting documents with the Office of Consumer Affairs, orsubmitting the required documents and any appropriate attachments and fees byutilizing an online filing system approved by the Commissioner.
"Fund-raising expenses" means the expenses of all activities thatconstitute or are an integral and inseparable part of a solicitation.
"Membership" means those persons to whom, for payment of fees, dues,assessments, etc., an organization provides services and confers a bona fideright, privilege, professional standing, honor or other direct benefit, inaddition to the right to vote, elect officers, or hold offices. The term"membership" shall not include those persons who are granted a membershipupon making a contribution as the result of solicitation.
"Parent organization" means that part of a charitable organization whichcoordinates, supervises or exercises control over policy, fund raising, andexpenditures, or assists or advises one or more chapters, branches oraffiliates.
"Person" means any individual, organization, trust, foundation,association, partnership, corporation, society, or other group or combinationacting as a unit.
"Professional fund-raising counsel" means any person who for a flat fixedfee under a written agreement plans, conducts, manages, carries on, advisesor acts as a consultant, whether directly or indirectly, in connection withsoliciting contributions for, or on behalf of, any charitable or civicorganization, but who actually solicits no contributions as a part of suchservices. A bona fide salaried officer or employee of a registered or exemptcharitable organization or the bona fide salaried officer or employee of aregistered parent organization shall not be deemed to be a professionalfund-raising counsel.
"Professional solicitor" means any person who, for a financial or otherconsideration, solicits contributions for, or on behalf of, a charitable orcivic organization, whether such solicitation is performed personally orthrough his agents, servants, or employees or through agents, servants, oremployees specially employed by, or for a charitable or civic organization,who are engaged in the solicitation of contributions under the direction ofsuch person, or any person who, for a financial or other consideration,plans, conducts, manages, carries on, advises or acts as a consultant to acharitable or civic organization in connection with the solicitation ofcontributions but does not qualify as a professional fund-raising counsel. Abona fide salaried officer or employee of a registered or exempt charitableorganization or a bona fide salaried officer or employee of a registeredparent organization shall not be deemed to be a professional solicitor.
"Sale," "sell" and "sold" mean the transfer of any property or therendition of any service to any person in exchange for consideration,including any purported contribution without which such property would nothave been transferred or such services would not have been rendered.
"Solicit" and "solicitation" mean the request or appeal, directly orindirectly, for any contribution on the plea or representation that suchcontribution will be used for a charitable purpose, including, withoutlimitation, the following methods of requesting such contribution:
1. Any oral or written request;
2. Any announcement to the press, over the radio or television, or bytelephone or telegraph concerning an appeal or campaign to which the publicis requested to make a contribution for any charitable purpose connectedtherewith;
3. The distribution, circulation, posting or publishing of any handbill,written advertisement or other publication which directly or by implicationseeks to obtain public support; or
4. The sale of, offer or attempt to sell, any advertisement, advertisingspace, subscription, ticket, or any service or tangible item in connectionwith which any appeal is made for any charitable purpose or where the name ofany charitable or civic organization is used or referred to in any suchappeal as an inducement or reason for making any such sale, or when or wherein connection with any such sale, any statement is made that the whole or anypart of the proceeds from any such sale will be donated to any charitablepurpose.
"Solicitation" as defined herein, shall be deemed to occur when the requestis made, at the place the request is received, whether or not the personmaking the same actually receives any contribution.
"Terrorists and terrorist organizations" means any person, organization,group or conspiracy who assists or has assisted terrorist organizations, asprovided in 18 U.S.C. § 2339 B or who commits or attempts to commit acts ofterrorism, as defined in § 18.2-46.4.
(1974, c. 574; 1979, cc. 124, 595, 598; 1983, c. 374; 1984, c. 268; 1988, c.322; 1990, c. 711; 1996, c. 461; 2003, cc. 576, 977, 1009; 2005, c. 329;2007, cc. 92, 907.)
