means and includes the words patriotic, philanthropic, social
service, welfare, benevolent, educational, civic, or fraternal, either
actual or purported.
means and includes the words alms, food, clothing, money,
subscription, property or donations under the guise of a loan of money
or property.
means any individual, firm, copartnership, corporation, company,
association, or joint stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent, or other similar representative thereof.
means any person who promotes, manages, supervises, organizes,
or attempts to promote, manage, supervise, or organize a campaign
of solicitation.
as used herein shall not mean and include the word "charitable"
as herein defined, but shall be given their commonly accepted definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, "solicit" and "solicitation"
means the request directly or indirectly of 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 charitable or religious purpose
as those purposes are defined in this chapter. These words 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 charitable or religious purpose as herein
defined:
Any oral or written request;
The distribution, circulation, mailing, posting or publishing
of any handbill, written advertisement or publication;
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
charitable or religious purpose connected therewith;
The sale of, offer or attempt to sell, any advertisement, advertising
space, book, card, chance, coupon, device, magazine, membership, merchandise,
subscription, ticket or other thing in connection with which any appeal
is made for any charitable or religious purpose, or where the name
of any charitable or religious person 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 any such sale, any statement is made
that the whole or any part of the proceeds from such sale will go
or be donated to any charitable or religious purpose.
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A "solicitation" as defined herein shall be deemed
completed when made, whether or not the person making the same receives
any contribution or makes any sale referred to in this section.
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(Prior code § 16-485; Ord. 69-O-101 § 1, 1969)
No person shall solicit contributions for any charitable purpose
within the city, without a permit from the city license and tax collector
authorizing such solicitation; provided, however, that upon application
to the city council, and approval thereof, an exemption to such permit
requirement will be given to any established person organized and
operated exclusively for religious or charitable purposes and not
operated for pecuniary profit of any person, if the solicitations
by such established person are conducted among the members thereof,
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.
(Prior code § 16-486; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971; Ord. 74-O-117 § 1, 1974)
An application for a permit to solicit, as provided by Section 6.44.020, shall be made to the city license and tax collector upon forms provided by the city. Such application shall be sworn to and filed with the city license and tax collector at least 15 days prior to the time at which the permit applied for shall become effective; provided, however, that the city license and tax collector may for good cause shown allow the filing of an application less than 15 days prior to the effective date of the permit applied for. In addition to said application form, the applicant is required to submit, in duplicate, 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
the 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 officer having charge
of applicant's records;
(3)
The
purpose for which 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)
A
specific statement, supported by reasons and, if available, figures
showing the need for the contributions to be solicited;
(5)
The
names and addresses of the person or persons by whom the receipts
of such solicitations shall be disbursed;
(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 solicitations shall be made, giving the preferred dates
for the beginning and ending of such solicitation;
(9)
The
estimated cost of the solicitation;
(10)
The amount of any wages, fees, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitations,
and the names and addresses of all such persons;
(11)
A financial statement for the last preceding fiscal year of any funds
collected for charitable purposes by the applicant, said statement
giving the amount of money so raised, together with the cost of raising
it, and final geographic distribution by cities thereof;
(12)
A full statement of the character and extent of the charitable work
being done by the applicant within the city;
(13)
A statement that the actual cost of the solicitation will not exceed
25% of the total amount to be raised;
(14)
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;
(15)
Such other information as may be reasonably required by the city
license and tax collector in order for him to determine the kind and
character of the proposed solicitation and whether such solicitation
is in the interest of, and not inimical to, the public welfare.
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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 license and tax collector in writing
thereof within 24 hours after such change.
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(Prior code § 16-487; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Upon receipt of an application for permit or exemption under
this chapter, the city license and tax collector shall make, or cause
to be made, such investigation of the application and the applicant
as may be necessary to carry out the purposes of this chapter. Upon
request by the city license and tax collector, or his duly authorized
agent, the applicant shall make available for inspection by the police
department all of the applicant's books, records and papers
at any reasonable time before the application is granted, during the
time a permit is in effect, or after a permit has expired.
(Prior code § 16-488; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971; Ord. 74-O-117 § 2, 1974)
The city license and tax collector shall issue the permit provided for in Section 6.44.020 whenever he finds the following facts to exist:
(1)
That
all of the statements made in the application are true;
(2)
That
the applicant has a good character and reputation for honesty and
integrity, or if the applicant is not an individual person, no reason
is known to exist which would question the good character or reputation
for honesty and integrity of the managing officers, or agents of applicant;
(3)
That
the control and supervision of the solicitation will be under responsible
and reliable persons;
(4)
That
the applicant has not engaged in any fraudulent transaction or enterprise;
(5)
That
the solicitation will not be a fraud on the public;
(6)
That
the solicitation is prompted solely by a desire to finance the charitable
cause described in the application, and will not be conducted primarily
for private profit;
(7)
That
the cost of raising the funds will be reasonable. Any such cost in
excess of twenty-five percent of the amount collected shall be considered
to be unreasonable unless special facts are presented showing that
peculiar reasons make a cost higher than twenty-five percent reasonable
in the particular case.
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The city license and tax collector shall keep a permanent record
of permits issued and shall notify the applicant by certified mail
of any application disapproved, of his decision and finding of facts.
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(Prior code § 16-489; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
No fee is to be required for a charitable solicitations permit.
(Prior code § 16-490; Ord. 69-O-101 § 1, 1969)
Permits issued under this chapter shall bear the name and address
of the person for whom the solicitation is to be made, 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 or of the person conducting the solicitation.
All permits must be signed by the city license and tax collector or
his duly authorized representative. No permit may grant the right
to solicit longer than ninety days from its date, but the city license
and tax collector may extend any permit for a period not to exceed
one year upon a showing that unnecessary hardship would be created
by a failure to extend the original ninety day period for such additional
days.
(Prior code § 16-491; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Any permit issued under this chapter shall not be transferable.
(Prior code § 16-492; Ord. 69-O-101 § 1, 1969)
All persons to whom permits have been issued under this chapter
shall furnish credentials to their agents and solicitors for such
solicitation which shall include the name of the organization. Said
credentials must be shown, upon request, to all persons solicited
and to any police officer of the city.
(Prior code § 16-493; Ord. 69-O-101 § 1, 1969)
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 a closed box or receptacle used in solicitation with the
written approval of the city license and tax collector where it is
impractical to determine the amount of such contributions.
(Prior code § 16-494; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Any person aggrieved by the action of the city license and tax collector in the denial of an application for permit as provided under Section 6.44.030, or in the decision with reference to revocation of the permit as provided under Section 6.44.020, shall have the right of appeal to the council of the city. Such appeal shall be taken by filing with the council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing of such appeal, and notice of such hearing shall be mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set for the hearing. The decision and order of the council on such appeal shall be final and conclusive.
(Prior code § 16-495; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
A permit issued pursuant to this chapter may be revoked by the
city license and tax collector after notice and hearing for any of
the following causes:
(1)
Fraud,
misrepresentation or false statements in the application for permit;
(2)
Fraud,
misrepresentation or false statements made in the course of soliciting;
(3)
Any
violation of this title.
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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 last known address at least five
days prior to the date set for the hearing.
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(Prior code § 16-496; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
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 books or records
of such persons' treasurer or other financial officer.
(Prior code § 16-497; Ord. 69-O-101 § 1, 1969)
It shall be the duty of all persons issued permits under this
chapter to furnish to the city license and tax collector within 30
days after the solicitation has been completed, a detailed report
and financial statement showing the amount raised by the solicitation,
the amount expended in collecting such funds, including a detailed
report of the wages, fees, commissions and expenses paid to any person
in connection with such solicitation, and the geographical disposition
by city of the balance of the funds collected by the solicitation.
This report shall be available for public inspection at the office
of the city license and tax collector at any reasonable time; provided,
however, that the city license and tax collector may extend the time
for the filing of the report required by this section for an additional
period of 30 days upon proof that the filing of the report within
the time specified will work unnecessary hardship on the permit holder.
The permit holder shall make available to the city license and tax
collector, or to any such person designated in writing by the city
license and tax collector 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. It shall be the duty of all
persons issued permits under this chapter to furnish, free of charge,
a copy of the audits and statements hereinbefore specified, upon demand
by any person.
(Prior code § 16-498; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
No person shall solicit contributions for any religious purpose
within the city without a certificate from the city license and tax
collector. Application for a certificate shall be made to the city
license and tax collector upon forms provided by the city. Such application
shall be sworn to or affirmed. In addition to said application form,
the applicant is required to submit the following information or in
lieu thereof, a detailed statement of the reason or reasons why such
following information cannot be furnished:
(1)
The
name and address or headquarters of the person applying for the permit;
(2)
If
the 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 be
a true and correct copy of the original by the officer having charge
of applicant's records;
(3)
The
purpose for which such 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)
A
specific statement, supported by reasons and, if available, figures
showing the need for the contributions to be solicited;
(5)
The
name and address of the person or persons by whom the receipts of
such solicitations shall be disbursed;
(6)
The
name and address 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 solicitations shall be made, giving the preferred dates
for the beginning and ending of such solicitation;
(9)
The
estimated cost of the solicitation;
(10)
The amount of any wages, fees, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitations,
and the names and addresses of all such persons;
(11)
A financial statement for the last preceding fiscal year of any funds
collected for religious purposes by the applicant, said statement
giving the amount of money so raised together with the cost of raising
it, and final geographical distribution by city thereof;
(12)
A full statement of the character and extent of the religious work
being done by the applicant within the city;
(13)
A statement to the effect that if a permit is granted, it will not
be used or represented in any way as an endorsement of the city or
by any department or officer thereof;
(14)
Such other information as may be submitted to the city license and
tax collector in order for him to determine the kind and character
of the proposed solicitation.
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If, while any application is pending, or during the term of
any certificate 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 license and tax collector in writing
thereof within 24 hours after such change.
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Upon receipt of such completed application, the city license and tax collector shall forthwith issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six months after the issuance thereof and shall be renewed upon the expiration of this period upon the filing of a new application as provided for in this section. Certificates of registration shall bear the name and address of the applicant for whom a solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does not constitute an endorsement by the city, or by any of its departments or officers, of the purpose or of the person conducting the solicitation. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors, such credentials to conform to the requirements specified for credentials in Section 6.44.090.
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No person shall solicit for any religious cause without having
such credentials in his possession, and such person shall upon demand
present these credentials to any person solicited or to any police
officer of the city; provided, however, that an exemption to the credentials
requirement may be had, upon application to the city council and approval
thereof, by any established person organized and operated exclusively
for religious purposes and not operated for the pecuniary profit of
any person if the solicitations by such established person are conducted
among the members thereof 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.
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(Prior code § 16-499; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971; Ord. 74-O-117 § 3, 1974)
The city license and tax collector is authorized to investigate the affairs of any person soliciting for religious purposes under a certificate issued under Section 6.44.150, and the affairs of any person exempted from the requirement of a permit under Section 6.44.020, or exempted from the requirement of a certificate under Section 6.44.150, and make public his written findings, in order that the public may be fully informed as to the affairs of any of said persons. Said persons shall make available to the city license and tax collector, or to any representative designated by the city license and tax collector in writing for such specific purpose, all books, records, or other information reasonably necessary to enable the city license and tax collector to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons; provided, that five days before the public release of any findings under this section, the city license and tax collector must first serve a copy of such findings upon the person investigated and at the time of release of his or her findings he or she must release a copy of any written statement said person may file with the city license and tax collector in explanation, denial, or confirmation of said findings.
(Prior code § 16-500; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his 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 in any application or report filed under this chapter.
(Prior code § 16-501; Ord. 69-O-101 § 1, 1969)
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine not to exceed $500
or by imprisonment not to exceed 60 days, or both such fine and imprisonment.
(Prior code § 16-503; Ord. 69-O-101 § 1, 1969)
