44-6551. Definitions

In this article, unless the context otherwise requires:

1. "Charitable organization" means either of the following:

(a) A person determined by the internal revenue service to be a tax exempt organization pursuant to section 501(c)(3) of the internal revenue code.

(b) A person who is or who is held out to be established for a benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary purpose or a person who in any manner employs a charitable appeal as the basis of a solicitation.

2. "Contracted fund raiser" means a person who for profit either solicits directly or employs, procures or engages another person to solicit for a charitable organization.  A contracted fund raiser does not include a lawyer, investment counselor or banker who advises a person to make a charitable contribution, a bona fide salaried officer, employee or volunteer of a charitable organization or a person the contracted fund raiser employs, procures or engages to solicit.

3. "Independent solicitor" means a person who for profit engages to solicit on behalf of a charitable organization or on behalf of a contracted fund raiser.

4. "Solicit" and "solicitation" means a request of any kind for a contribution or a request for the purchase of goods, tickets or services for a charitable purpose.