means having the character or purpose of a charity and includes
the words patriotic, religious, religion, philanthropic, social service,
humanitarian, welfare, benevolent, social, eleemosynary, educational,
civic, or fraternal either actual or purported.
(Prior code § 4610.1; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
means and includes the words alms, food, clothing, money,
subscription, property, or donations under the guise of a loan of
money or property, or anything of value.
(Prior code § 4610.5; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
means any individual, or any group of individuals, firm,
co-partnership, corporation, company, association, or joint stock
association, church, religious sect, religious denomination, society,
organization, or league either religious or charitable, and includes
any trustee, receiver, assignee, agent, or other similar representative
thereof.
(Prior code § 4610.6; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
means any person who promotes, manages, supervises, organizes,
or attempts to promote, manage, supervise, or organize a campaign
of solicitation.
(Prior code § 4610.7; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
as used in this chapter shall be given their commonly accepted
definitions.
(Prior code § 4610.2; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
means an organization or institution supported in whole or
in part by charity, or by a church, or by a body of persons associated
together for the purpose of maintaining religious worship, having
no provision for making profit, deriving its funds in whole or in
part from public and private charity, or from a church or church organization
or institution not maintained for gain, profit, or private advantage.
The words "religious institution" or "religious organization" or "charitable
institution" or "charitable organization" include a foreign or domestic
institution or organization created by charter, law, resolution, executive
agreement, treaty, contract, agreement, or fiat whether or not its
funds are derived in part from the United States Government or foreign
governments or any governmental organization.
(Prior code § 4610.3; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
means any use or purpose that tends to promote the physical or moral welfare of man provided only that the distribution or benefits be free and not a source of profit or private advantage. "Religious use," "religious purpose," "charitable use," and "charitable purpose" also include the solicitation by a person, institution or organization for the use or purpose of another institution, or organization that qualifies under Section 8.24.070 as a religious or charitable organization or institution.
(Prior code § 4610.4; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
Whenever
used in this chapter, "solicit and solicitation" means the request
directly or indirectly for money, credit, property, financial assistance,
or other thing of value on the plea or representation that such money,
credit, property, financial assistance, or other thing of value will
be used for a religious or charitable purpose, organization, or institution
as those purposes, organizations, and institutions are defined in
this chapter. The words "solicit and solicitation" also mean and include
the following methods of securing money, credit, property, financial
assistance, or other thing of value on the plea or representation
that it will be used for a religious or charitable purpose, organization,
or institution as herein defined:
1.
Any
oral or written request;
2.
The
distribution, circulation, mailing, posting, or publishing of any
handbill, written advertisement, or publication;
3.
The
making of any announcement to the press, over the radio, by telephone
or telegraph concerning an appeal, assemblage, athletic or sports
event, bazaar, benefit, campaign, contest, dance, drive, entertainment,
exhibition, exposition, party, performance, picnic, sale, or social
gathering, which the public is requested to patronize or to which
the public is requested to make a contribution for any religious or
charitable purpose, organization, or institution connected therewith;
4.
The
sale of, offer or attempt to sell, any advertisement, advertising
space, book, card, chance, coupon, device, magazine, membership, merchandise,
subscription, ticket service, or other thing in connection with which
any appeal is made for any religious or charitable person or where
the name of an organization or institution is used or referred to
in any such appeal as an inducement or reason for making any such
sale, or when or where in connection with such sale, any statement
is made that the whole or any part of the proceeds from any such sale
will go or be donated to any religious or charitable purpose, organization,
or institution.
B.
"Solicitation"
as defined in this section shall be deemed completed when made, whether
or not the person making the same received any contribution or makes
any sale referred to in this section.
(Prior code § 4610; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
No person
shall solicit contributions within the City for any religious or charitable
purpose or for any religious or charitable organization or institution
without a permit from the Finance Director. Permits required by this
chapter shall be valid for one year from the date of issuance.
B.
The
provisions of this section shall not apply to any established person
organized and operated exclusively for religious or charitable purposes
of any person if the solicitations by such established person are
conducted only among the members thereof and only by other members
or officers thereof, voluntarily and without remuneration for making
such solicitations, or if the solicitations are in the form of collections
or contributions at the regular assemblies or services of any such
established person. Nor shall the provisions of this chapter apply
to any solicitation made upon premises owned or occupied by the association
upon whose behalf such solicitation is made.
(Prior code § 4620; 761A § 1, 1964; 761 §, 1964; 2042, 1988; 2802 § 1, 2011)
A.
An application
for a permit to solicit as provided by this chapter shall be made
to the Finance Director upon forms provided by the City. Such application
shall be sworn to by the applicant and filed with the Finance Director
at least five days prior to the time at which the permit applied for
shall become effective. Such application shall contain the following
information, or in lieu thereof, a detailed statement of the reason
or reasons why such information cannot be furnished:
1.
The
name, address, or headquarters of the person applying for the permit;
2.
If
applicant is not an individual, the names and addresses of the applicant's
principal officers and managers and a copy of the resolution, if any,
authorizing such solicitation, certified to as a true and correct
copy of the original by the office having charge of applicant's records;
3.
The
name and address of the combined campaign, each organization, or fund
on behalf of which all or any part of the money collected will be
utilized for charitable purposes;
4.
If
there is no organization or fund, the manner in which the money collected
will be utilized for charitable purposes;
5.
The
purpose for which such solicitation is to be made, the total amount
of funds proposed to be raised thereby, and the use and disposition
to be made of any receipts therefrom;
6.
The
names and addresses of the person or persons who will be in direct
charge of conducting the solicitation and the names of all promoters
connected or to be connected with the proposed solicitation;
7.
An
outline of the method or methods to be used in conducting the solicitations;
8.
The
time when such solicitation shall be made, giving the dates for the
beginning and ending of such solicitation;
9.
The
amount, stated as a percentage of the total gift or purchase price,
that will be used for charitable purposes;
10.
If paid fundraisers are paid a set fee rather than a percentage of
the total amount raised, the total cost that is estimated will be
used for direct fundraising expenses;
11.
A full statement of the character and extent of the religious or
charitable work being done by the applicant within the City;
12.
The nontax-exempt status of the organization or fund, if the organization
or fund for which the money or funds are being solicited does not
have a charitable tax exemption under both federal and state law;
13.
The percentage of the total gift or purchase price that may be deducted
as a charitable contribution under both federal and state law. If
no portion is so deductible a statement that "This contribution is
not tax deductible";
14.
Whether the applicant has been convicted of a crime of fraud, deceit
or moral turpitude within the preceding year, or is currently on probation,
parole, or subject to incarceration as a result of such conviction;
if applicant is not an individual, the above information shall be
provided as to each officer and manager of applicant;
15.
If the organization making the solicitation represents any nongovernmental
organization by any name that includes, but is not limited to, the
term "officer," "peace officer," "police," "law enforcement," "reserve
officer," "deputy," "California Highway Patrol," "highway patrol,"
or "deputy sheriff" that would reasonably be understood to imply that
the organization is composed of law enforcement personnel, give the
total number of members in the organization and the number of members
working or living within the county where the solicitation is being
made, and if the solicitation is for advertising, the statewide circulation
of the publication in which the solicited ad will appear.
B.
Applicant
shall also submit an audited financial statement for the last preceding
fiscal year of any funds collected for religious or charitable purposes
by the applicant, such statement giving:
C.
The
applicant shall provide such other information as may be reasonably
required by the Finance Director in order for him or her to determine
the kind and character of the proposed solicitation.
D.
If, while an 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 Finance Director in writing thereof within 24 hours after such change, and present the permit to Finance Director for amendment to accurately reflect the new information. The permittee shall forthwith provide amended credentials to each solicitor or agent in the manner provided in Section 8.24.210.
(Prior code § 4620.1; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
B.
The
Finance Director shall keep a permanent record of permits issued and
shall notify the applicant by certified mail.
(Prior code § 4620.2; 761A § 1, 1964; 761 § 1, 1964; 1006 § l,
1968; 2042, 1988; 2802 § 1, 2011)
Any denial recommended by the Finance Director shall be set for hearing before the City Council at the next regular City Council meeting, not less than five days following date of denial. The Finance Director shall give written notice of the denial and hearing to the applicant by first class mail, postage prepaid, on the date recommendation of denial is made. The notice shall state the time, place, and date of the hearing and set forth the specific reasons for denial, as provided in Section 8.24.180.
(2042, 1988; 2802 § 1, 2011)
A.
All
permits issued under this chapter must be signed by the Finance Director
and shall bear the following information:
1.
Number
of the permit;
2.
The
date issued;
3.
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
or of the person conducting the solicitation;
4.
All information required by Section 8.24.110 for permit application, subdivisions (A)(1) through (15); and
5.
A
statement that an audited financial statement for the previous year
is on file with the City.
(Prior code § 4620.4; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
Any permit issued under this chapter shall be nontransferable.
(Prior code § 4620.5; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
A permit
issued pursuant to this chapter may be revoked by the City Council
after notice and hearing before the City Council for any of the following
causes:
B.
Notice
of the hearing for revocation of the permit shall be given in writing
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the permittee at his or her last known address at least 10 days prior
to the date set for hearing.
(Prior code § 4620.6; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
The Police Chief shall be notified forthwith by the Finance
Director of the revocation of any permit issued under this chapter.
(Prior code § 4620.7; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
Compliance with Sections 8.24.010 through 8.24.190 of this chapter may be made by any person who presents to the Finance Director, documents to be used in the solicitation that comply with requirements of Business and Professions Code Sections 17510 et seq. Such presentation shall be made at least five days prior to the date solicitation is to commence. Upon receipt of documents compliant with Business and Professions Code requirements, the Finance Director shall issue a charitable or religious solicitation exemption permit. No fee shall be charged for this permit.
B.
Such exemption permit shall be deemed to include the documents used to comply with Business and Professions Code upon which the exemption permit is granted. The presentation of the solicitation permit required by Section 8.24.210 shall require presentation of the documents used to comply with the Business and Professions Code as well.
(2042, 1988; 2802 § 1, 2011)
A.
The
Finance Director shall examine all applications filed under this chapter
and shall make, or cause to be made, such further investigation of
the application and the applicant as the Finance Director shall deem
necessary in order to perform duties under this chapter. The Police
Chief shall render any assistance requested by the Finance Director
in the furtherance of an investigation.
B.
The
Finance Director shall make a written report of findings and shall
make the report available to the City Council in order that the City
Council may be fully informed as to the affairs of any of said persons.
The Finance Director shall fully and fairly inform the City Council
of all facts necessary to a full understanding by the City Council
of the work and methods of operation of such persons; provided that
if the Finance Director recommends that the application for permit
be denied, the Finance Director shall serve a copy of findings and
recommendation by mail upon the person investigated, and at the time
of the consideration by the City Council a copy of any written statement
by such person shall be available for the consideration by the City
Council.
(Prior code § 4630; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
The Finance Director shall make a written report of findings
and shall make the report available to the City Council in order that
the City Council may be fully informed as to the affairs of any of
said persons. The Finance Director shall fully and fairly inform the
City Council of all facts necessary to a full understanding by the
City Council of the work and methods of operation of such persons;
provided that if the Finance Director recommends that the application
for permit be denied, five days before any findings under this section
and the recommendation for denial are furnished to the City Council,
the Finance Director must first serve a copy of such findings and
recommendation by mail upon the person investigated and at the time
of the consideration by the City Council, a copy of any written statement
by said person shall be available for the consideration of the City
Council.
(Prior code § 4630; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
No fee is to be required for a religious or charitable solicitation
permit.
(Prior code § 4640; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
All
persons to whom permits have been issued under this chapter shall
furnish credentials to their agents and solicitors for such solicitation
that shall include:
1.
The
true name of the individual solicitor;
2.
A
photograph of the individual depicting current physical appearance,
taken within six months preceding the date of issuance; and
3.
All
information required to be stated on the permit. This section may
be satisfied by providing each solicitor with a photocopy of the permit
and an identification identifying the individual solicitor by name
as an agent or solicitor for the person to whom the permit is issued.
The information on the credentials and card shall be in at least 10-point
type.
B.
No person
shall solicit for any religious or charitable cause without having
such credentials in their possession, and such person shall present
these credentials to any person solicited, or upon request to the
Finance Director or his or her representative, or to any police officer
of the City. Presentation of credentials shall be of sufficient duration
to allow the person to whom presented to read the content of the credentials.
C.
If the
initial solicitation or sales solicitation is made by radio, television,
letter, telephone, or any other means not involving direct personal
contact with the person solicited, this solicitation shall clearly
disclose the information required to be contained in the permit. This
disclosure requirement shall not apply to any radio or television
solicitation of 60 seconds or less. If the gift is subsequently made
or the sale is subsequently consummated, the solicitation or sale
for charitable purposes card shall be mailed to or otherwise delivered
to the donor or to the buyer with the item or items purchased.
(Prior code § 4650; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
Any person receiving money or anything having a value of one
dollar 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 year and the amount received; provided, however,
that this section shall not apply to any contributions collected by
means of an unattended closed box or receptacle at a fixed location.
(Prior code § 4650.1; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
A.
No person
shall solicit any contributions for any religious or charitable purpose
without maintaining a system of accounting whereby all donations and
all disbursements are entered upon the books or records of such person's
treasurer or other financial officer.
B.
Such records shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board. The disclosure requirements on the identification card and report of disbursements required by Section 8.24.240 shall be based on the same accounting principles used to maintain the soliciting organization's financial records.
(Prior code § 4650.2; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
It shall be the duty of all persons issued permits under this
chapter to furnish to the Finance Director within 90 days after the
solicitation has been completed, or if the solicitation is of a continuing
nature, within 90 days of the anniversary date of solicitation, as
to the proceeds of the immediately preceding year's solicitations,
a detailed report and financial statement showing the amount raised
by the solicitation, the amount expended in collecting such funds,
including a report of the wages, fees, commission, and expenses paid
to any person in connection with such solicitation, and the disposition
of the balance of the funds collected by the solicitation. This report
shall be available for public inspection at the office of the Finance
Director at any reasonable time. The permit holder shall make available
to the Finance Director, or to any person designated in writing by
the Finance Director as his or her representative for such purpose,
all books, records, and papers whereby the accuracy of the report
required by this section may be checked.
(Prior code § 4650.3; 761A § 1, 1964; 761 § 1, 1964; 2042, 1988; 2802 § 1, 2011)
No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his or her name, occupation,
financial condition, social condition, or residence, and no person
shall make or perpetrate any other misstatement, deception, or fraud
in connection with any solicitation of any contribution for any purpose
in the City, or any application or report filed under this chapter.
(Prior code § 4650.4; 761A § 1, 1964; 761 § 1, 1964; 2802 § 1,
2011)
A.
It is
unlawful for any person to appear at any residence, dwelling, flat,
or apartment and solicit for religious or charitable contributions
where a sign bearing the words "No Solicitors," "No Solicitors or
Peddlers," or words of similar import indicating that solicitors are
not wanted at such residence is painted, fastened, or exposed to public
view.
(Prior code §§ 4650.5, 4650.6; 1199 §§ 1, 2, 1971; 2802 § 1, 2011)
