Section 16-1399. DEFINITIONS

 

1399.1The terms and phrases used in this chapter shall have the meaning ascribed to them in § 2 of the Act (D.C. Official Code § 44-1701 (2001 Ed.)).

 

1399.2In addition, when used in this chapter, the following terms and phrases shall have the meanings ascribed:

 

Beneficiary - any person for whom, or on whose behalf, directly or indirectly, any solicitation is made.

 

Certificate of registration or certificate - the certificate of registration required by § 4(a) of the Act.

 

Chief of Police - the Chief of the District of Columbia Metropolitan Police Department or the Chiefs designated agent.

 

Collector - any person collecting or securing, or attempting to collect or secure, a contribution, whether as a solicitor, runner, messenger, "pick-up" person, or by whatever name called, and regardless whether the person is employed by the person for or on whose behalf the contribution is collected or secured, or attempted to be collected or secured.

 

Department - the Department of Consumer and Regulatory Affairs.

 

Director - the Director of the Department or the Director's representative, agent, or designee.

 

Employ or employed - the use of any person for the purpose of making solicitations or collections for or on behalf of a registrant or beneficiary, regardless whether the person receives compensation or not, and such terms shall include the use of independent contractors and unpaid volunteers.

 

Member - a person who has been admitted to membership in a soliciting agency as the result of having made application for membership in such agency, and shall also mean any officer or employee of a soliciting agency. The mere issuance of a membership card to a contributor at the time a contribution is made, or in return for a contribution, shall not constitute the contributor a "member" of the soliciting agency within the meaning of this chapter.

 

Membership - the state of being a member in a soliciting agency. The term shall also mean the body of members of a soliciting agency.

 

Non-resident - a person not having a residence or principal place of business in the District, including corporations not incorporated in the District.

 

Professional fund raiser - any person, except a bona fide officer or employee of a charitable organization, who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in the District for the purpose of the soliciting contributions for or on behalf of any charitable organization or other person; or who engages in the business of or who holds himself or herself out to persons in the District as independently engaged in the business of soliciting contributions for that purpose.

 

Professional solicitor - any person who is employed or retained for compensation by another person to solicit contributions for charitable purposes from persons in the District of Columbia.

 

Resident - any person having either a residence or principal place of business within the District of Columbia. The term "resident" shall not include any corporation incorporated elsewhere than in the District.

 

Soliciting agency - any person engaged in the solicitation of contributions. The term "soliciting agency" shall, for the purpose of § 4(c)(2) of the Act [D.C. Official Code § 44-1703(c)(2) (2001 Ed.)], also mean any public or private organization or establishment, the government of the District of Columbia, and any department, agency, office, or corporation of the United States government, meeting the requirements of § 1302 of this chapter.

 

Solicitor - any person who makes or causes to be made any request, directly or indirectly, for any contribution on the plea or representation that the contribution will or may be used, in whole or in part, for any charitable purpose. "Solicitor" includes "collector," as defined in this section.

 

Solicitor information card - the card or copy of the card required by § 6(a) of the Act [D.C. Official Code § 44-1705(a) (2001 Ed.)].