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One of Nashville’s newspapers sold on the roadside by homeless vendors has to explain why it doesn’t have nonprofit status or a solicitations permit. Faith Unity Outloud is contesting a $5,000 fine at a hearing Tuesday morning.

From 2013: Yes, Nashville Has Another Homeless Streetpaper

Tennessee’s Division of Charitable Solicitations argues that the streetpaper may not be a nonprofit, but it acts like one. Division director Brent Culberson sent a notice in April notifying the paper of a civil penalty and warning the company to file for the proper permits.

"Please be advised that continued failure to obtain a valid and proper registration to solicit contributions or donations could result in additional civil penalties," the letter states.

A follow-up notice cites Tennessee Code Annotated:

"Every charitable organization which intends to solicit contributions from or within this state, or have funds solicited on its behalf, shall, prior to any solicitation, file a registration statement with the secretary of state..."

“We, as a whole, didn’t want to mislead anybody by saying we are a charitable organization,” Faith Unity founder Gene Boros says.

Boros is representing himself at Tuesday's hearing, not hiring an attorney. The way he reads state law, he feels it would be wrong for him to register as a 501c3.

The Faith Unity, whose articles are almost entirely religious, has a nearly identical business model to The Contributor, a nonprofit streetpaper which focuses primarily on homeless issues. Faith Unity vendors buy the papers for $0.35 and sell them for a dollar, plus tips.

But Boros doesn't consider the sales income as donations. He thinks of his operation more like a conventional for-profit paper.

“They’re comparing me to The Contributor when I was comparing myself to The Tennessean as selling a publication,” Boros says.

Each issue of Faith Unity does include a plea for money to be sent by mail. But Boros points out he now uses the word “investment” not “donation.” And whatever the word, he says he hasn’t gotten any contributions this year.

Faith Unity's hearing to contest its civil penalties is scheduled for 9 a.m. Tuesday on the third floor of the Tennessee Tower.