Sales, Solicitations, Distribution of Materials, and Campus Displays

University Policy 601.9, Sales, Solicitations, Distribution of Materials, and Campus Displays

Executive Summary: 

This policy is to regulate the distribution of materials, solicitations, sales, the use of bulletin boards and displays on campus, for both Affiliated and Non-Affiliated Groups as defined in University Policy 601.6.

This Policy sets forth University policy regarding the distribution of materials, sales, solicitations, and displays on campus. The definitions for "Affiliated Group," "Non-Affiliated Group," and "Sponsored Non-Affiliated Group" set forth in University Policy 601.6, "Scheduling University Facilities," also apply to this Policy.

I. Distribution of Pamphlets and Written Materials
Both Affiliated and Non-Affiliated Groups may distribute written materials in any open, exterior campus space or in the Cone Center Main Entrance Lobby. When charitable donations are to be accepted at the time such written materials are distributed, the provisions of Section II of this Policy shall apply.
 
In expressing a policy of open distribution of written materials, the University does not assume any obligation or responsibility for the content of the materials distributed. Furthermore, the University reminds any organization distributing written materials to be aware of the current laws concerning defamation, obscenity, fair labor practices, defacement or destruction of State property, and other applicable laws.
 
II. Solicitation of Charitable Contributions
University facilities may not be used to raise money for any individual or organization other than an Affiliated Group or a Non-Affiliated Group that is a non-profit, charitable organization that establishes prior to conducting any solicitation on campus that it has been declared exempt from taxation as a charitable organization by the U.S. Internal Revenue Service. Any Non-Affiliated Group requesting use of University facilities to solicit funds must provide to the University a copy of its letter from the Internal Revenue Service verifying its tax-exempt status prior to conducting any such solicitation.
 
All charitable solicitations on campus must comply with State law regulating the solicitation of charitable contributions (N.C.G.S. Section 131F-1, et. seq.).
 
Any Affiliated or Non-Affiliated Groups desiring to solicit funds must first receive written approval from the University Conference and Facilities Use Manager (hereafter Manager), located in the University Reservations, Conference and Event Services Office.
 
The Manager will establish uniform procedures for the time, place, and manner of such solicitations.
 
Permission for Non-Affiliated Groups to solicit charitable funds will be approved only for locations within the Cone University Center. (Special rules apply to fund-raising activities in the residence areas; see Univesrity Policy 601.5, "Use of Student Residence Facilities.")
III. Sales
Affiliated Groups and Non-Affiliated Groups may use University facilities to carry out sales and/or sales solicitation or sales promotion activities (taking orders) (hereinafter collectively “sales activities”) on the University campus only under the following conditions:
 
  1. Affiliated Groups
    1. Affiliated Groups must file all appropriate registration forms with and receive approval from the Conferences, Reservations and Event Services Office prior to initiating sales activities.
    2. The primary purpose of the sales activity must be to raise monies for the direct benefit of the Affiliated Group or that group’s philanthropic benefactor.
    3. A member of the Affiliated Group must be present at all times during any and all sales activities.
    4. Sales activities may be conducted only at times and in locations approved by the Conferences, Reservations and Event Services Office.  That office is responsible for coordinating such activities in advance with the appropriate facility administrator.
    5. Sales activities shall be limited to the Cone University Center Plaza, the Main Street Market Lobby in Cone Center, the Residence Hall Cafeteria, the Cafeteria Activities Building, the Student Activities Center Food Court, and the Bookstore lobby/entranceway.  Other limited areas may be used in special and specific circumstances as determined by the Director of Conferences, Reservations and Event Services on a case by case basis.
    6. Each Affiliated Group is limited to conducting sales activities for a maximum of five (5) days during the fall semester, five (5) days during the spring semester, and five (5) days during the combined two summer sessions.  Sales activities that occur during any part of a day shall constitute a full day of activity.
    7. Any Affiliated Group that accepts credit cards as a valid payment option must be in full compliance with Payment Card Industry Data Security Standards (PCI DSS).
  2. Non-Affiliated Groups
    1. Non-Affiliated Groups are strictly prohibited from using University facilities for sales activities except when sponsored by an Affiliated Group.
    2. Sponsoring Affiliated Groups must file the appropriate registration form with, and receive approval from, the University Conferences, Reservations and Event Services Office prior to the Sponsored Non-Affiliated Group’s initiating sales activities.
    3. The primary purpose of any sales activities by a Non-Affiliated Group must be to raise funds for the direct benefit of the Sponsoring Affiliated Group.
    4. A member of the Sponsoring Affiliated Group must be present during sales activities by the Sponsored Non-Affiliated Group at all times.
    5. Sales activities may be conducted only at times and in locations approved by the University Conferences, Reservations and Event Services Office.  That office is responsible for coordinating all such activities in advance with the appropriate Facility Administrator.
    6. Locations for sales activities shall be limited to the Cone University Center Plaza, the Main Street Market Lobby in Cone Center, the Residence Hall Cafeteria, the Cafeteria Activities Building, the Student Activities Center Food Court, and the Bookstore Lobby.  Other limited areas may be used in special and specific circumstances as determined by the Director of Conferences, Reservations and Event Services on a case by case basis.
    7. Sales activities conducted within, or in the immediate area of, the Cone University Center must be sponsored by the Office of Student Activities.
    8. Sales activities conducted during contracted and/or conference events are deemed special and specific circumstances and must be approved in advance by the Director of Conferences, Reservations and Event Services.
    9. Each Sponsored Non-Affiliated Group is limited to conducting sales activities for a maximum of five (5) days during the fall semester, five (5) days during the spring semester, and five (5) days during the combined two summer sessions.  Sales activities that occur during any part of a day shall constitute a full day of activity.
    10. Any Non-Affiliated Group that accepts credit cards as a valid payment option must be in full compliance with Payment Card Industry Data Security Standards (PCI DSS).
    11. Any Non-Affiliated Group requesting use of University facilities to solicit funds must provide to the University a copy of its letter from the Internal Revenue Service verifying its tax-exempt status prior to conducting any such solicitation.
    12. Fees for sales activities by a Sponsored Non-Affiliated Group will be assessed as follows and collected by the Sponsoring Affiliated Group. Unless otherwise noted in this Policy, all fees collected from the Sponsored Non-Affiliated Group will be remitted to the sponsoring Affiliated Group at the following rates:
      1. $300 per day for sales activities with no revenue generation
      2. 20% commission on gross for all sales activity generating revenues of $1 or more
  3. Sales activities involving credit services and/or the requirement of credit verification are bound by the above criteria and must also comply with the following requirements:  Each person receiving materials and/or completing an application that includes credit verification or credit checking must be given printed information in an easily readable format about (1) personal financial management and/or the proper use of credit and (2) all fees and/or charges for services (including interest rates and interest rate calculations, monthly fees, minute-based fees, etc.) related to the credit services being solicited.
  4. Use of amplification equipment for music or speech is prohibited in all sales activities unless approved by the Director of Conferences, Reservations and Event Services.
  5. Use of incentives or “freebies” is prohibited in all sales activities.
  6. Companies/organizations soliciting for employment recruitment must contact the University Career Center prior to initiating such activities.
  7. The central point of contact for sales activities is the Reservations Office in room Cone 380 Center.  Materials for sales activities provided by vendors will be collected and managed by that office.  Interested parties may review materials, dates, and history at the Reservations Office.
  8. Each sales activity must be accompanied by a “letter of agreement for payment” to protect the University and its subsidiaries from fraud and/or non-payment situations. A copy of this agreement is available at the Reservations Office.
  9. Self-operated fund-raising activities by Affiliated or Non-Affiliated Groups are governed by this Policy.
IV. The Use of Bulletin Boards
General purpose bulletin boards are provided at several locations on campus. These bulletin boards may be used for commercial purposes, informational purposes, or for solicitation of charitable contributions. They may be used by any person or group whether Affiliated or Non-Affiliated, without prior approval. Such bulletin boards bear the title "General Purpose." All notices will be removed at approximately two-week intervals. Bulletin boards not marked "General Purpose" are reserved for use by particular offices; unauthorized postings may be removed immediately by those offices.
 
Two outdoor kiosk bulletin boards are available for campus information and announcements of interest to the University community. Information on the use of these kiosks may be obtained from the Manager.
 
No notice, advertisement, or document of any kind should be attached to any wall, door, or other surface, other than bulletin boards provided for such purposes, without the approval of the Associate Vice Chancellor for Facilities Management. Damage to walls or other surfaces resulting from violation of this policy will require that the individual responsible pay the costs of repair, and may subject that individual to criminal penalties under applicable law and to disciplinary action pursuant to University policy.
V. Special Procedures Regarding Structures
Any person or group wishing to construct or place any temporary or permanent structure on the University campus for any purpose must first obtain the written approval of the University Conference and Facilities Use Manager or his/her designee.
 
For purposes of this Policy Statement, the term "structure" does not include objects such as handbills, notices, posters, arm bands, or personal attire, but does include lawn signs, tables, and other structures used to display materials, as well as booths, buildings, billboards, banners and similar displays.
 
All requests for such approval are to be directed to the University Reservations, Conference and Event Services Office. The written request shall fully describe the proposed structure, its location and operation, and must be received by the University Reservations, Conference and Event Services Office no later than ten working days prior to the proposed construction or placing of the structure. (Under exceptional circumstances, the Chancellor will consider requests for waiver of ten day requirement.)
 
The University Reservations, Conference and Event Services Office is responsible for coordinating the request with the Associate Vice Chancellor for Facilities Management, Director of Police and Public Safety, and other administrators as appropriate. Such requests are subject to the priorities in the reservation of space established under University Policy 601.6, "Scheduling of University Facilities."
 
The University Reservations, Conference and Event Services Office may place narrowly tailored conditions upon the time, place, and manner of construction and operation of the proposed structure to assure health, safety and security of the campus community, to avoid substantial interference with normal teaching, research, service, administrative, or other official functions of the University, or to avoid substantial loss from damage to University property, but in no event may such regulation be based upon the content of the speech or ideas such structure may be intended to symbolize.
 
The University Reservations, Conference and Event Services Office shall announce the decision on the request within five working days of its receipt, unless the requester has failed promptly to provide information requested by the University Reservations, Conference and Event Services Office reasonably necessary to make an informed decision.
 
Appeal from the Manager's decision shall be to the Chancellor or his/her designate, who shall reach a decision at least two working days before the proposed construction or placing of the structure, unless the requester has failed promptly to provide information or argument requested by the Chancellor.
Revision History: 

Initially approved August 28, 1995
Revised November 14, 2007

Authority: Chancellor

Responsible Office: Student Affairs

Related Resources:

Faculty Guidance on Book Buyers