As used in this chapter, the following terms shall have meanings
as set forth below.
means the purpose of any nonprofit organization, including
patriotic, philanthropic social services, welfare, benevolent, educational,
religious, civic or fraternal, either actual or purported. The term
"charitable purpose" does not include any bona fide political purpose.
means the:
Selling, peddling, or the soliciting, canvassing or taking orders
for goods, wares, newspapers, magazines, books, merchandise, services,
including real estate, or any other items or exchanges of value;
Conducting a survey or poll;
Distribution of advertising material or samples where the person
distributing the material or samples enters the property of another
or makes or attempts to make contact or discuss the material or samples
with the person to receive it.
means the giving of anything of value, including money, property
or any other type of financial assistance, or the pledging of anything
of value, including money, property or any other type of financial
assistance, or the purchasing or offering to purchase anything of
value or not, including, but not limited to goods, services, books,
pamphlets, tickets, subscriptions to publications, upon the implied
or express representation that the proceeds, or a portion thereof,
of the gift, pledge or purchase will be used for a charitable purpose.
means any place where goods, wares, merchandise or service
is offered to the public or such goods, wares and merchandise are
stored for commercial purposes providing the operation of such business
is not in violation of any applicable land use, building, public health,
or any applicable business license law where such fixed place of business
has been operated for a period of at least sixty days prior to application
for any license for peddling or soliciting on the site in question.
means selling merchandise which is transported from place
to place in the course of approaching prospective customers or selling
merchandise or services from door to door. A "peddler" is a person
who engages in peddling.
means the person who has applied for a permit which has been
granted and the organization or group on whose behalf solicitations
will be made.
means any individual, partnership, corporation or association,
including any firm, company, society, organization, church, congregation,
assembly or league, and shall include any director, officer, trustee,
receiver, assignee, agent or other similar representative thereof.
means the request, directly or indirectly, for any contribution
used for a charitable purpose or commercial solicitation as defined
in this section, 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, or in any public place.
A "solicitation" shall be complete when the request is made, whether
or not the person making the request receives any contribution.
(Ord. 94-12 § 3)
Except as provided in Section 5.16.070, it is unlawful for any person to directly or indirectly solicit contributions in any open public place or door to door, in any residential area for any charitable, religious or commercial purpose within the city without first having secured a valid permit therefor as herein provided.
(Ord. 94-12 § 3)
Any person required by this chapter to have a permit shall submit
a written application in duplicate together with a fee in an amount
to be fixed by resolution of the city council of the city. The application
fee is to compensate the city for the cost of administering this chapter,
and such fee is not refundable if the permit is not issued. Said application
shall be verified and shall contain the following information:
A.
The
California driver's license number, full name, address, picture, telephone
number and date of birth of the applicant and the identity of each
person doing the proposed solicitation. In the event there is more
than one person doing the proposed solicitation, then each person
shall submit a separate application under this section. There shall
be a five-dollar fee for each additional person doing the solicitation;
B.
If the
applicant is not an individual, or will be soliciting on behalf of
an organization or institution, the names and addresses of the organization's
or institution's principal officers and executives, and the address
of the national, state and local headquarters, if any;
C.
The
purpose for which the proceeds of the solicitations are to be used;
D.
The
amount, stated as a percentage of the total gift or purchase price,
that will be used for charitable purposes;
E.
If paid
fund-raisers are paid a set fee rather than a percentage of the total
amount raised, the card shall show the total cost that is estimated
will be used for direct fund-raising expenses;
F.
If the
solicitation is not a sale solicitation, the card may state, in place
of the amount of fund-raising expenses, that an audited financial
statement of these expenses may be obtained by contacting the organization
at the address disclosed;
G.
The
non-tax-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;
H.
The
percentage of the total gift or purchase price which may be deducted
as a charitable contribution under both federal and state law. If
no portion is so deductible, the card shall state that "This contribution
is not tax deductible.";
I.
If the
organization making the solicitation represents any nongovernmental
organization by any name which 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," which would reasonably be understood to imply
that the organization is composed of law enforcement personnel, the
solicitor shall 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;
J.
If the
organization making the solicitation represents any nongovernmental
organization by any name which includes, but is not limited to, the
term "veteran" or "veterans," which would reasonably be understood
to imply that the organization is composed of veterans, the solicitor
shall 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. This paragraph does not apply to federally chartered
or state incorporated veterans' organizations with two hundred or
more dues-paying members or to a thrift store operated or controlled
by a federally chartered or state incorporated veterans' organization.
This paragraph does not apply to any state incorporated community-based
organization that provides direct services to veterans and their families
and qualifies as a tax-exempt organization under Section 501(c)(3)
or 501(c)(19) of the Internal Revenue Code and Section 23701d of the
Revenue and Taxation Code;
K.
The
place and date of any court judgment rendered against the applicant
as a defendant guilty of any serious felony as defined in California
Penal Code Section 1192.7(c), theft as defined in California Penal
Code Section 484 or attempt to commit any of the aforementioned crimes;
L.
A designation
of the location or locations at which place or places the applicant
proposes to solicit and the dates and time of the activity;
M.
Permits
shall be issued for periods of two months unless revoked, or suspended
pursuant to the provisions of this chapter. Upon expiration of the
permit, the former permit holder may apply for a new permit in the
same manner as a new applicant except that if the permit holder applies
for a new permit before the old permit expires, the old permit shall
remain in force until the city either approves or denies the application
for the new permit;
N.
Upon
obtaining a permit issued pursuant to this section, the permit holder
shall keep the application information current by notifying the city
in writing of any change or occurrence in the information listed above
which would affect or change the status of the permit. Permit holder
shall notify the city manager in writing thereof within twenty-four
hours after such change;
O.
Nothing
set forth in this chapter shall be construed as granting to the city
manager any discretion to grant, deny, suspend, revoke or renew any
permit by reason of disapproval or agreement with the philosophy,
opinion or belief of the applicant.
(Ord. 94-12 § 3)
Upon the filing of the application required by Section 5.16.030 together with the fee(s), the city shall transmit one copy to the sheriff's office. The sheriff's office shall report to the city manager in writing recommending the approval or denial of the permit and stating the reasons therefor. The sheriff's office shall recommend approval of the permit unless there are specific facts justifying denial. Such facts may include but are not limited to the grounds for denial in subsections A through C of Section 5.16.040. The city manager shall issue the permit within twenty days after the application is filed. The city manager shall issue the permit unless he/she finds that:
A.
The
applicant has submitted an incorrect and incomplete application, and
the applicant fails to correct the application after being requested
to do so;
B.
The applicant has, within the past five years, had a judgment rendered against him/her as a defendant guilty of any of those crimes set forth at Section 5.16.030;
C.
The
place of the proposed permit activities is not in accordance with
the regulations set forth herein.
A permit issued pursuant to this chapter will authorize the
permit holder to solicit for the charitable, religious or commercial
purpose, and at the locations designated in the application only.
There shall be no permit activity until the permit is actually issued.
(Ord. 94-12 § 3)
No permit issued under this chapter shall be transferred or
assigned, and any attempt at assignment or transfer shall be void.
(Ord. 94-12 § 3)
The following are exempted from the operation of this chapter.
A.
Any
person having a fixed place of business within the city;
B.
Solicitation
by any organization from its members;
C.
Solicitation
by a person when such activity occurs on premises owned or controlled
by the solicitor or with the permission of the person who owns or
controls the premises;
D.
Solicitation
conducted solely by means of radio or television broadcasts or solely
by means of newspapers or magazines or solely by direct solicitation
by United States mail;
E.
Solicitation
by any volunteer who receives no compensation of any type from, or
in connection with, a charitable organization which has furnished
proof that it has qualified for a tax exemption under Section 501(c)(3)
of the Internal Revenue Code of 1954, and who is eighteen years of
age or younger as certified by the organization;
F.
Solicitation
conducted for a political purpose.
(Ord. 94-12 § 3)
A.
Whenever
it shall be shown that any person to whom a permit has been issued
has violated any of the provisions of this chapter, or where such
person has exhibited a pattern of practice to violate any of the provisions
of this chapter after being requested by the city to cease such violation(s),
the city manager shall suspend the permit after giving written notice
to the permit holder, of not less than two business days, in person
or by registered special delivery, postage prepaid and addressed to
the permit holder at the address specified in the permit application
or any amendment thereto, of the suspension and proposed revocation,
stating with specificity the reason therefor. The permit holder may
file with the city manager, within ten days of the delivery of the
notice of suspension and proposed revocation, a written request for
a hearing, which request shall have the effect of staying the suspension
until the city manager has rendered his decision, except in instances
where said suspension is necessary to protect the public safety.
B.
The
city manager shall hold a hearing within ten days after the filing
of such request. At the hearing, the city manager shall hear all relevant
evidence, shall consider the merits of the proposed revocation, including
any actions which have been taken to cure the alleged violation, and
shall render a decision thereon within one business day after the
hearing. Said decision shall be communicated in writing to the permit
holder within two days thereafter and shall state with specificity
the reasons therefor.
C.
In the
event that the permit holder does not request a hearing within ten
days after the delivery of the notice of suspension and proposed revocation,
the permit shall be revoked and the revocation shall not be appealable.
(Ord. 94-12 § 3)
A.
In a
case where the city manager denies, revokes or refuses to renew a
permit, any applicant or permit holder, within ten days of the date
of written notification of the disputed action may appeal such to
the city council. The appeal shall be in the form of a letter, filed
with the city clerk stating therein where there was error in the city
manager's decision. Any appeal shall be accompanied by the appropriate
appeal fee established by resolution of the city council. The filing
of such an appeal with the city council shall not stay the action
of the city manager.
B.
The
council shall hear the appeal at its next regular meeting. At the
time of the appeal hearing, the council shall hear all relevant evidence
and shall determine the merits of the appeal, and it shall render
a decision thereon within three business days after the hearing. Said
decision shall be communicated in writing to the applicant within
two days thereafter and shall state the reasons therefor. The decision
of the city council shall be final and conclusive.
(Ord. 94-12 § 3)
A.
Prior
to any solicitation or sales solicitation for charitable purposes,
the solicitor or seller shall exhibit to the prospective donor or
purchaser a card entitled "Solicitation or Sale for Charitable Purposes
Card." The card shall be signed and dated under penalty of perjury
by an individual who is a principal, staff member or officer of the
soliciting organization. The card shall give the name and address
of the soliciting organization or the person who signed the card and
the name and business address of the paid individual who is doing
the actual soliciting.
In lieu of exhibiting a card, the solicitor or seller may distribute
during the course of the solicitation any printed material, such as
a solicitation brochure, provided such material complies with the
standards set forth below, and provided that the solicitor or seller
informs the prospective donor or purchaser that such information as
required below is contained in the printed material.
Information on the card or printed material shall be presented
in at least ten-point type and shall include the following:
1.
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;
2.
If
there is no organization or fund, the manner in which the money collected
will be utilized for charitable purposes;
3.
The
amount, stated as a percentage of the total gift or purchase price,
that will be used for charitable purposes;
4.
If
paid fund-raisers are paid a set fee rather than a percentage of the
total amount raised, the card shall show the total cost that is estimated
will be used for direct fundraising expenses;
5.
If
the solicitation is not a sale solicitation, the card may state, in
place of the amount of fund-raising expenses, that an audited financial
statement of these expenses may be obtained by contacting the organization
at the address disclosed;
6.
The
non-tax-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;
7.
The
percentage of the total gift or purchase price which may be deducted
as a charitable contribution under both federal and state law. If
no portion is so deductible, the card shall state that "This contribution
is not tax deductible";
8.
If
the organization making the solicitation represents any nongovemmental
organization by any name which 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," which would reasonably be understood to imply
that the organization is composed of law enforcement personnel, the
solicitor shall 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;
9.
If
the organization making the solicitation represents any nongovernmental
organization by any name which includes, but is not limited to, the
term "veteran" or "veterans," which would reasonably be understood
to imply that the organization is composed of veterans, the solicitor
shall 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. This paragraph does not apply to federally chartered
or state incorporated veterans' organizations with two hundred or
more dues-paying members or to a thrift store operated or controlled
by a federally chartered or state incorporated veterans' organization.
This paragraph does not apply to any state incorporated community-based
organization that provides direct services to veterans and their families
and qualifies as a tax-exempt organization under Section 501(c) (3)
or 501(c)(19) of the Internal Revenue Code and Section 23701d of the
Revenue and Taxation Code.
B.
Knowing
and wilful noncompliance by any individual volunteer who receives
no compensation of any type from or in connection with a solicitation
by any charitable organization shall subject the solicitor or seller
to the penalties of the law.
C.
When
the solicitation is not a sales solicitation, any individual volunteer
who receives no compensation of any type from, or in connection with,
a solicitation by any charitable organization may comply with the
disclosure provisions by providing the name and address of the charitable
organization on behalf of which all or any part of the money collected
will be utilized for charitable purposes, by stating the charitable
purposes for which the solicitation is made, and by stating to the
person solicited that information about revenues and expenses of the
organization, including its administration and fund-raising costs,
may be obtained by contacting the organization's office at the address
disclosed. The organization shall provide this information to the
person solicited within seven days after receipt of the request.
D.
A volunteer
who receives no compensation of any type from, or in connection with,
a solicitation or sales solicitation by a charitable organization
which has qualified for a tax exemption under Section 501(c)(3) of
the Internal Revenue Code of 1954, and who is eighteen years of age
or younger, is not required to make any disclosures pursuant to this
section.
E.
Upon
request by the person from whom a contribution is sought, a valid
reproduction of the permit issued pursuant to this chapter shall be
shown by the person seeking the contribution.
(Ord. 94-12 § 3)
A.
Solicitations
pursuant to permits issued under this chapter shall not be made at
any of the following locations:
1.
Any
house, apartment, or other dwelling to which is affixed a sign or
notice indicating "NO SOLICITORS" or any similar indication that no
solicitation contact is desired by the occupants thereof;
2.
Any
commercial establishment to which is affixed a sign or notice indicating
"NO SOLICITORS" or any similar indication that no solicitation contact
is desired by the occupants thereof and a map depicting the area within
the commercial establishment where soliciting is prohibited;
3.
Any
retail establishment under five acres to which is affixed a sign or
notice indicating "NO SOLICITORS" or any similar indication that no
solicitation contact is desired by the occupants thereof and a map
depicting the area within the retail establishment where soliciting
is prohibited.
B.
Solicitations
shall not be made at any house, apartment or other dwelling within
a homeowner's association where:
1.
The
homeowner's association has posted on each entry way to the subdivision
a sign or notice in substantially the following form:
Solicitation or Peddling at any house, apartment or dwelling
unit within the area on the below map is prohibited and subject to
criminal prosecution and a fine of up to $1,000.00;
2.
A
map depicting the area within the homeowner's association is attached
to the notice; and
3.
The
homeowner's association has requested in writing that the city extend
the provisions of this chapter upon the homeowner's association's
property.
(Ord. 94-12 § 3)
Any person receiving money or anything of value in excess of
five dollars from any contributor by means of a solicitation made
pursuant to a permit shall, upon request, give such contributor a
written receipt showing the name of the permit holder and the solicitor,
the permit number, and the date and amount received.
(Ord. 94-12 § 3)
Any solicitation conducted without obtaining a permit as required by this chapter shall constitute a misdemeanor. Notwithstanding the foregoing, any such violation may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this code.
(Ord. 94-12 § 3; Ord. 98-04 § 4)
