Editor's Note: Former Chapter 9, Soliciting, established
and amended by Ord. 111, Ord. 237; repealed by Ord. 516, reenacted
by Ord. 517; amended in its entirety by Ord. 718, eff. May 3, 1982.
Ordinance No. 933-96, Section 3, eff. September 19, 1996 amended
the title of Chapter 9.
[§ 1, Ord. 718, eff. May 3, 1982; as amended by § 4, Ord. 933-96, eff. September 19, 1996]
(a)
SOLICIT and SOLICITATION — The
request, directly or indirectly, whether oral or written, for money,
credit, property, financial assistance or other things of value; the
local distribution, circulation, posting or publishing of any handbill,
written advertisement or other publication; and the sale or promotion
of any goods, services, or other tangible items conducted door to
door in any place of public accommodation, in any place of business
open to the public generally, on the City streets and sidewalks, in
the public parks, on the public beaches or in any public place. Such
definitions shall not include solicitors or canvassers taking orders
or displaying merchandise exclusively from a public sidewalk or public
pedestrian path in compliance with Chapter 21 of Title 5 of this Municipal
Code.
[Amended 6-4-2019 by Ord.
No. 1175-19, effective 7-4-2019]
(b)
CHARITABLE – Shall mean and include the words patriotic,
philanthropic social services, welfare, benevolent, educational, religious,
civic or fraternal, either actual or purported;
(c)
CONTRIBUTIONS – Shall mean and include the words alms,
food, clothing, money, property, subscription or pledge, and also
donations under the guise of loans of money or property;
(d)
PERSON – Shall mean any individual, firm, copartnership,
corporation, company, association, joint stock association, church
religious sect, religious denomination, society, organization, or
league and shall include any trustee, receiver, assignee, agent, or
other similar representative thereof; and
[§ 1, Ord. 718, eff. May 3, 1982]
No person shall solicit contributions for any charitable purpose
within the City without having obtained a permit from the City Manager
authorizing such solicitation; provided, that when a permit has been
issued to any person defined in § 5-9.01, other than an
individual, the individual agents and solicitors for such person shall
not be required to obtain individual permits.
[§ 1, Ord. 718, eff. May 3, 1982]
The provisions of this chapter shall not apply to solicitations
made upon premises owned or occupied by the organization on whose
behalf such solicitation is made; nor to solicitation for the relief
of specific individuals specified by name at the time of the solicitation,
where the solicitor represents in each case that the entire amount
collected, without any deduction whatever, shall be turned over to
the named beneficiary, nor shall it be applicable to any corporation
or unincorporated association soliciting contributions solely from
persons who are members thereof at the time of such solicitation.
[§ 1, Ord. 718, eff. May 3, 1982]
(a)
An application for a permit to solicit shall be made to the
City Manager upon forms prescribed by him. The application shall be
sworn to or affirmed and filed with the City Manager at least 10 days
prior to the time at which the permit applied for shall become effective;
provided, however, that the City Manager may for good cause shown
allow the filing of an application less than 10 days prior to the
effective date of the permit applied for. The City Manager shall either
grant or deny the requested permit within 10 days of the date the
application is made. In the event the City Manager fails to act within
the time prescribed herein, the permit shall be deemed granted.
(b)
The application herein required shall contain the following
information:
(1)
The name, home address, home telephone number, business address,
and business telephone number of the person applying for the permit;
(2)
If the applicant is not an individual, the applicant's
correct legal name, taxpayer identification number (if applicable),
address of its principal office and the names and addresses, social
security numbers and telephone numbers of the applicant's principal
officers and executives;
(3)
The purpose for which the solicitation is to be made, the total
amount of funds proposed to be raised thereby, and the use or disposition
to be made of any receipts therefrom;
(4)
The name, address, telephone number and social security number
of the person or persons who will be in direct charge of conducting
the solicitation, and the names of all fund raisers connected to or
to be connected with the proposed solicitation;
(5)
An outline of the method or methods to be used in conducting
the solicitations;
(6)
The time when such solicitations will be made, giving the preferred
dates and hours of day for the commencement and termination of the
solicitation;
(7)
A full statement of the character and extent of charitable or
religious work being done by the applicant within the City;
(8)
A statement to the effect that if a permit is granted, it will
not be used or represented in any way as an endorsement by the City
or by any department or officer thereof;
(9)
A financial statement signed by a certified public accountant
for the last preceding fiscal year of any funds collected for charitable
purposes by the applicant, giving the amount of money raised and the
cost of raising it and the financial distribution;
(10)
The amount of any wages, fees, commissions, expenses,
or other compensation to be expended in connection with the proposed
solicitation, and to whom paid;
(11)
Such other pertinent information found to be necessary
by the City Manager to adequately enforce the terms of this chapter;
and
(12)
If, while any application is pending, or during
the term of any permit granted thereon, there is any change in fact,
policy or method that would alter the information given in the application,
the applicant shall notify the City Manager in writing thereof within
24 hours after such change.
[§ 1, Ord. 718, eff. May 3, 1982]
The City Manager shall examine all applications filed under
§ 5-9.05. The applicant shall make available for inspection
all of the applicant's financial books, records, and papers at
and reasonable time before the application is granted, during the
time a permit is in effect, or after a permit has expired. The City
Manager may inspect such financial books, records, and papers solely
for determining the truth of the information contained in the application
or the truth of any representation made by the permit holder with
regard to any solicitation conducted under this chapter.
[§ 1, Ord. 718, eff. May 3, 1982]
The City Manager must issue the permit unless any of the following
have been demonstrated:
[§ 1, Ord. 718, eff. May 3, 1982]
Upon the expiration of any permit and if requested in writing
so to do, the City Manager must renew the permit within 10 days of
such request if the factual information upon which the original application
was granted remains unchanged and that no violation of this chapter
has been committed. The City Manager may require a new application
subject to the provisions of this chapter.
[§ 1, Ord. 718, eff. May 3, 1982]
Permits issued under this chapter shall bear the name and address
of the person to whom the permit is issued, the number of the permit,
the date issued, the dates within which the permit holder may solicit
and a statement that the permit does not constitute an endorsement
by the City or by any of its departments, officers or employees of
the purpose of or of the person conducting the solicitation and a
brief written statement describing by approximate percentage the disbursement
of all funds solicited under the permit. All permits must be signed
by the City Manager.
[§ 1, Ord. 718, eff. May 3, 1982]
All permits issued under this chapter shall be valid for a period
of 30 days unless renewed, revoked or suspended pursuant to the provisions
of this chapter. Upon good cause shown, the City Manager may issue
a permit which may be valid for more than 30 days, but in no event
shall a permit be valid for more than six months.
[§ 1, Ord. 718, eff. May 3, 1982]
Any permit issued under this chapter shall not be transferable,
or assignable.
[§ 1, Ord. 718, eff. May 3, 1982]
All persons to whom permits have been issued hereunder shall
furnish an identification card to their agents and solicitors which
card is required to be in the possession of agents and solicitors
and presented when soliciting. Identification cards shall include
the permit number, the name and address of the permittee, a statement
describing permittees charitable purpose and activity, the signature
of permittees chief executive officer, the name and signature of the
solicitor to whom card is issued and the specific period of time during
which solicitation is authorized.
No person shall solicit any contributions unless he or she exhibits
an identification card of a form approved by the City Manager and
reads it to the person solicited or presents it to the person solicited
for perusal, allowing sufficient time to read it, before accepting
any contribution so solicited.
[§ 1, Ord. 718, eff. May 3, 1982]
In the event the City Manager denies a permit to any applicant,
the City Manager within two business days thereof, shall either send
by registered mail or give the applicant written notice in person,
of the denial, stating with specificity the reasons for such denial.
[§ 1, Ord. 718, eff. May 3, 1982]
Whenever it shall be shown that any person to whom a permit
has been issued under this chapter has violated any of the provisions
thereof, or that any promoter agent, or solicitor of a permit holder
has misrepresented the purpose of the solicitation, the City Manager
shall immediately suspend the permit, and within two business days
thereof, shall either send by registered mail, or give the permit
holder written notice in person, of the revocation or suspension,
stating with specificity the reasons for the suspension or revocation.
The City Manager shall report such suspension or revocation to the
City Council at the next regular meeting of that body following his
action.
[§ 1, Ord. 718, eff. May 3, 1982]
If an applicant or permit holder is aggrieved by any action
to deny, suspend or revoke a permit by the City Manager, such applicant
or permit holder may appeal to the City Council by filing with the
City Clerk a statement addressed to the City Council setting forth
the facts and circumstances regarding the action by the City Manager.
The City Clerk shall set a time and place for hearing the appeal and
notify the applicant or permit holder. The City Council at its next
regular meeting held not more than 30 days from the date on which
the appeal shall have been filed with the City Clerk, shall hear the
applicant or permit holder, the City Manager and all relevant evidence
and shall determine the merits of the appeal and render a decision
thereon within three business days of the hearing.
In the event the City Council affirms the decision of the City
Manager to deny, revoke or suspend any permit under this chapter,
the City Council, within two business days thereof shall either send
by registered mail or give the aggrieved applicant or permit holder
written notice in person of the City Council's action, stating
with specificity the reasons for their decision. The action of the
City Council shall be final and appealable to the Superior Court of
the State of California pursuant to Code of Civil Procedure § 1094.5.
The right to appeal to the City Council from the denial, suspension
or revocation of any permit granted under this chapter shall terminate
upon the expiration of 15 days following written notice of the City
Manager's action.
[§ 1, Ord. 718, eff. May 3, 1982]
The Chief of Police shall be notified forthwith by the City
Manager of the suspension or revocation of any permit issued under
this chapter.
[§ 1, Ord. 718, eff. May 3, 1982]
No person shall solicit any contributions for any charitable
purpose without maintaining a system of accounting whereby all donations
to it and all disbursements are entered upon the official books or
records of such person's treasurer or other financial officer.
[§ 1, Ord. 718, eff. May 3, 1982]
It shall be the duty of all persons issued permits under this
chapter to furnish to the City Manager within 90 days after the expiration
of the permit, a report and financial statement showing the amount
raised by the solicitation, the amount expended in collecting such
funds, including a report of the wages, fee, commissions, and expenses
paid to any person in connection with such solicitation, and the disposition
of the balance of the funds collected by the solicitation. The permit
holder may be required by the City Manager to make available for inspection
all financial books, records and papers whereby the accuracy of the
report may be verified.
[§ 1, Ord. 718, eff. May 3, 1982; as amended by §§ 5 — 8, Ord. 933-96, eff. September 19, 1996]
(a)
No person shall make any charitable solicitation without a permit;
(b)
No person shall allow any person under 16 years of age to solicit;
(c)
No person shall solicit at any dwelling, including but not limited
to a house, apartment, or condominium where there is a sign indicating
"No Solicitations", "Do Not Disturb", or any other indication that
the occupants do not wish to be solicited or in any other way have
their privacy disturbed;
(d)
No person shall touch, come into physical contact with, or affix
any object to the person of any contributor or member of the public,
without first receiving express permission from the contributor or
member of the public to do so;
(e)
No person to whom a permit has been granted under this chapter
nor any of the agents or solicitors of such person, shall persistently
and importunately request any donation from any member of the public
after such member of the public expresses his desire not to make a
donation;
(f)
No person shall intentionally and deliberately obstruct the
free movement of any person on any street, sidewalk or other public
place or in any place open to the public generally while engaging
in solicitations;
(g)
No person to whom a permit has been granted under this chapter,
nor any of the agents or solicitors of such person, shall solicit
from a captive audience. "Captive audience" shall be defined as purposefully
stationary persons such as persons in lines or seated in public areas;
(h)
No person shall threaten any injury or damage to any person
who declines to be solicited;
(i)
No person shall accept food stamps as a contribution; and
(j)
No person shall misrepresent his or her physical or mental health
while soliciting.
(k)
No person shall solicit from any member of the public within
100 feet of any portion of the Cabrillo Mole to the point where the
pedestrian-only portion of Crescent Street begins at Clarissa Street
nor within 10 feet of any boat ramp, float, wharf, or stair or other
accessway used by persons to embark or disembark from boats or ships
(whichever is the greater distance), except for persons operating
businesses thereon, and then only from the interior of the place of
the business.
[§ 1, Ord. 718, eff. May 3, 1982]
It shall be unlawful for any person to go upon private residential
premises after sunset or earlier than 8:00 a.m. for the purpose of
solicitation, unless such person has been requested or invited to
do so by the owner or occupant of said premises. This section shall
not be interpreted to grant any person permission to enter upon private
property.
[§ 1, Ord. 718, eff. May 3, 1982]
Any person receiving money or anything having a value of $5
or more from any contributor under a solicitation made pursuant to
a permit granted under this chapter shall give to the contributor
a written receipt signed by the solicitor showing plainly the name
and permit number of the person under whose permit the solicitation
is conducted, the date, and the amount received. Provided, however,
that this section shall not apply to any contributions collected by
means of a closed box or receptacle used in solicitation with the
written approval of the City Manager, where it is impractical to determine
the amount of each contribution.
[§ 1, Ord. 718, eff. May 3, 1982]
(a)
No person shall directly or indirectly solicit contributions
for any person by misrepresentation of his name, occupation, financial
conditions, social condition, residence or principal place of business
and no person shall make or cause to be made any misstatement of fact,
deception, or fraudulent misrepresentation in connection with any
solicitation of any contribution for any person in the City, or in
any application or report filed under this chapter;
(b)
No charitable organization or professional fund raiser soliciting
contributions shall use a name, symbol, or statement so closely related
or similar to that used by another charitable organization or governmental
agency that the use thereof would tend to confuse or mislead the public;
and
(c)
Nor shall a charitable organization or professional fund raiser
solicit funds by the use of statements or material that would indicate
that such funds were being raised for an organization or agency from
which organization or agency explicit permission for the raising of
such funds has not been received in accordance with other provisions
of this chapter.
[§ 1, Ord. 718, eff. May 3, 1982]
Nothing in this chapter shall be construed as granting to the
City Manager, or to any other person, the authority to grant, deny,
revoke, renew or suspend any permit by reason of his disapproval of
or agreement with the philosophy, opinion, or beliefs of the applicant,
permit holder or the person such applicant or permit holder represents,
or for any other reasons not specifically provided for in this chapter.
[§ 1, Ord. 718, eff. May 3, 1982]
Any person as hereinbefore defined, or any agent, servant, employee
or officer thereof violating any of the provisions of this chapter,
or who aids or abets in the procuring of a violation of any provision,
part or portion of this chapter, or who files or causes to be filed
an application for a permit containing fraudulent misrepresentations
or false statements of fact, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not more than $500 for
each offense, or undergo imprisonment for not more than six months,
or both. Each violation shall be deemed a separate offense, and shall
be punishable as such.
[§ 1, Ord. 718, eff. May 3, 1982]
It is the intention of the City Council that each separate provision
of this chapter shall be deemed independent of all other provisions
herein and it is further the intention of the City Council that if
any provision of this chapter is declared invalid, other provisions
thereof shall remain valid and enforceable.
