Mass. Gen. Laws ch. 68, sec. 18 — MA Code / Part I / Title XI / Chapter 68 / Section 18
Definitions applicable to Secs. 18 to 35
Status: in_force

Section 18. When used in this section, and in sections nineteen to thirty-five, inclusive, the following terms shall have the following meanings:— ''Charitable'', including but not limited to benevolent, educational, philanthropic, humane, patriotic, scientific, literary, religious, eleemosynary, health, safety or welfare-related, or in furtherance of governmental or civic objectives, and benefiting the general public or some indefinite class thereof; ''Charitable organization'', any person whose purposes or actual operation are charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which could be reasonably interpreted to suggest that there is a charitable purpose to any such solicitation; ''Commercial co-venturer'', any person who for profit or other commercial consideration, conducts, produces, promotes, underwrites, arranges or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization; ''Contributions'', the promise or grant of any money, property, credit, financial assistance, sponsorship or anything of value including the payment or promise to pay in consideration of a performance, event or sale of a good or service by a charitable organization or a commercial co-venturer. Payments by members of a charitable organization for membership fees, dues, fines or assessments or for services rendered to individual members, if such fees, dues, fines or assessments confer a bona fide right, privilege, professional standing, honor or other direct benefit, shall not be deemed contributions; ''Director'', the director of the division of public charities in the department of the attorney general; ''Division'', the division of public charities in the department of the attorney general; ''Parent organization'', that part of a charitable organization which co-ordinates, supervises or exercises control over policy, fund-raising and expenditures; or assists or advises one or more chapters, branches or affiliates in this commonwealth; ''Person'', any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them; ''Professional fund-raising counsel'', any person who is retained for a financial or other consideration by a charitable organization to plan, conduct, manage, carry on, advise or act as a consultant whether directly or indirectly in connection with the solicitation of contributions in this commonwealth for or on behalf of any charitable organization but who actually solicits no contributions and has neither custody nor control of contributions as part of such services. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional fund-raising counsel; ''Professional solicitor'', any person who is retained for a financial or other consideration by a charitable organization to solicit in this commonwealth contributions for charitable purposes directly or in the form of payment for goods or services, whether such solicitation is done individually or through other persons under the direction of the professional solicitor. A person who otherwise is a professional fund-raising counsel shall be deemed a professional solicitor if at any time he has custody or control of contributions. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional solicitor. No attorney, investment counselor or banker who advises an individual corporation or association to make a charitable contribution shall be deemed, as the result of such advice, to be a professional fund-raising counsel or a professional solicitor; ''Solicit'' or ''solicitation'', any direct or indirect request for a contribution on the representation that such contribution will be used in whole or in part for a charitable purpose, including but not limited to: (1) any oral request that is made in person, by telephone, radio or television or other advertising or communications media; (2) any written or otherwise recorded or published request that is mailed, sent, delivered, circulated, distributed, posted in a public place, or advertised or communicated by press, telegraph, television or other media; (3) any sale of, offer or attempt to sell, any advertisement, advertising space, sponsorship, book, card, chance, coupon, device, food, magazine, merchandise, newspaper, subscription, ticket or other service or tangible good, thing or item of value; or (4) any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival, circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social gathering or other performance or event of any kind.

Section 18. When used in this section, and in sections nineteen to thirty-five, inclusive, the following terms shall have the following meanings:—

''Charitable'', including but not limited to benevolent, educational, philanthropic, humane, patriotic, scientific, literary, religious, eleemosynary, health, safety or welfare-related, or in furtherance of governmental or civic objectives, and benefiting the general public or some indefinite class thereof;

''Charitable organization'', any person whose purposes or actual operation are charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which could be reasonably interpreted to suggest that there is a charitable purpose to any such solicitation;

''Commercial co-venturer'', any person who for profit or other commercial consideration, conducts, produces, promotes, underwrites, arranges or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization;

''Contributions'', the promise or grant of any money, property, credit, financial assistance, sponsorship or anything of value including the payment or promise to pay in consideration of a performance, event or sale of a good or service by a charitable organization or a commercial co-venturer. Payments by members of a charitable organization for membership fees, dues, fines or assessments or for services rendered to individual members, if such fees, dues, fines or assessments confer a bona fide right, privilege, professional standing, honor or other direct benefit, shall not be deemed contributions;

''Director'', the director of the division of public charities in the department of the attorney general;

''Division'', the division of public charities in the department of the attorney general;

''Parent organization'', that part of a charitable organization which co-ordinates, supervises or exercises control over policy, fund-raising and expenditures; or assists or advises one or more chapters, branches or affiliates in this commonwealth;

''Person'', any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them;

''Professional fund-raising counsel'', any person who is retained for a financial or other consideration by a charitable organization to plan, conduct, manage, carry on, advise or act as a consultant whether directly or indirectly in connection with the solicitation of contributions in this commonwealth for or on behalf of any charitable organization but who actually solicits no contributions and has neither custody nor control of contributions as part of such services. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional fund-raising counsel;

''Professional solicitor'', any person who is retained for a financial or other consideration by a charitable organization to solicit in this commonwealth contributions for charitable purposes directly or in the form of payment for goods or services, whether such solicitation is done individually or through other persons under the direction of the professional solicitor. A person who otherwise is a professional fund-raising counsel shall be deemed a professional solicitor if at any time he has custody or control of contributions. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional solicitor. No attorney, investment counselor or banker who advises an individual corporation or association to make a charitable contribution shall be deemed, as the result of such advice, to be a professional fund-raising counsel or a professional solicitor;

''Solicit'' or ''solicitation'', any direct or indirect request for a contribution on the representation that such contribution will be used in whole or in part for a charitable purpose, including but not limited to:

(1) any oral request that is made in person, by telephone, radio or television or other advertising or communications media;

(2) any written or otherwise recorded or published request that is mailed, sent, delivered, circulated, distributed, posted in a public place, or advertised or communicated by press, telegraph, television or other media;

(3) any sale of, offer or attempt to sell, any advertisement, advertising space, sponsorship, book, card, chance, coupon, device, food, magazine, merchandise, newspaper, subscription, ticket or other service or tangible good, thing or item of value; or

(4) any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival, circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social gathering or other performance or event of any kind.