§2471. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/09/063/02471
Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

002
:
CHARITABLE SOLICITATIONS










 

§

2471. Definitions

As used in this

subchapter:

(1)

"Charitable" means related to a charitable purpose.

(2)

"Charitable organization" means any organization which is or holds

itself out to be furthering any charitable purpose.

(3)

"Charitable purpose" means any benevolent, educational,

philanthropic, humane, patriotic, social welfare, advocacy, public health,

environmental conservation, or civic objective or any objective of law

enforcement officers, firefighters, or other persons who protect the public

safety.

(4)

"Contribution" means the grant, promise, or pledge of money, credit,

financial assistance, or other goods or services in part or in whole for a

charitable purpose.

(5)

"Contributor" means a person who makes a contribution.

(6)

"Fundraising campaign" means an effort undertaken during a specific

time period by a paid fundraiser to solicit contributions on behalf of a

charitable organization.

(7) "Gross

receipts" mean all receipts before deduction of any administrative or

operating expenses.

(8) "Paid

fundraiser" means a person who, for financial consideration, solicits

contributions from persons in this State, either directly or through employees,

agents, or those with whom the paid fundraiser is in privity. A paid fundraiser

does not include:

(A) Any person

who, for compensation, plans, manages, advises, or consults in connection with

the solicitation of contributions in this State, but does not solicit

contributions; except that if the compensation is in whole or in part dependent

on the number or value of contributions received, the person shall be

considered a paid fundraiser.

(B) Any person

who for profit is regularly and primarily engaged in trade or commerce in this

State other than in connection with the raising of funds for charitable purposes

and who represents to the public that an amount per unit of goods or services

purchased by the public will benefit a charitable purpose.

(C) A bona fide

officer or employee of a charitable organization.

(D) A person who

solicits for an educational institution at which he or she is a bona fide

student, unless the person is paid compensation which is in whole or in part

dependent upon the number or value of contributions received.

(9)

"Solicit" and "solicitation" mean the direct or indirect

request for a contribution, including the solicitor's offer or attempt to sell

any property, rights, services, or other thing, in connection with which:

(A) The name of

any charitable organization or name similar to any charitable organization is

used as an inducement for making the contribution or consummating the sale.

(B) Any

statement is made which implies that the whole or any part of the contribution

will be donated to any charitable organization or will go to any charitable

purpose. A solicitation shall be deemed to have taken place when the request

for a contribution is made and at the place where the request is received,

whether or not the person making the solicitation receives a contribution. A

request or appeal on behalf of a candidate for office or a political committee

is not a solicitation. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 1991,

No. 102.)
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