Note: Prior ordinance history: 1953 Code §§
2171—2178; Ords. 306, 593, 664, 666, 912, 931, 945, 1006.
means and includes the words patriotic, philanthropic, social
services, welfare, benevolent, educational, religious, civic or fraternal,
either actual or purported.
means that person whose duties and responsibilities are described in Chapter 2.08 of this code and any person designated in writing by the city manager as the city manager's representative.
means and includes the words alms, food, clothing, money,
property, subscription or pledge, and also donations under the guise
of loans of money or property.
means any individual, firm, partnership, corporation, company,
association or league and includes any trustee, receiver, assignee,
agent or other similar representative thereof.
mean the request, directly or indirectly, of money, credit,
property, financial assistance or other things 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 purpose as those
purposes are 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, on the public beaches or in any public places. These words
also mean and include the following methods of securing such money,
credit, property, financial assistance or other thing of value, when
conducted in the manner stated above:
as defined herein shall be deemed to have taken place when
the request is made, whether or not the person making the request
receives any contribution referred to in this section.
(Ord. 1057 § 1, 1984)
It is unlawful to solicit contributions for any charitable purpose within the city without a permit from the city manager authorizing such solicitation; provided, however, that the provisions of this section shall not apply to any person organized and operated wholly or partially for charitable purposes and not operated for the pecuniary profit of any person if the solicitations by such person are conducted only 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 meetings of any such person; provided, further, that when a permit has been issued to any person as defined in Section 5.20.010, other than an individual, then the individual agents and solicitors for such person shall not be required to obtain individual permits.
(Ord. 1057 § 1, 1984)
(a)
An
application for a permit to solicit shall be made to the city manager
upon forms prescribed by him, together with a permit fee. The permit
fee shall be as set by resolution of the city council and shall be
revised periodically to reflect changes in the cost of investigation
and processing. The application shall be sworn to or affirmed and
filed with the city manager at least ten 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 ten days prior to the effective date of the
permit applied for. The city manager shall either grant or deny the
requested permit within three working 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, address or principal office 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 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 and address 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)
A short 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 hour of day for the commencement and termination;
(7)
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;
(8)
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 twenty-four
hours after such change.
(Ord. 1057 § 1, 1984)
The city manager shall examine all applications filed under Section 5.20.030 and shall make, or cause to be made, such further investigation of the application and the applicant as the city manager shall deem necessary in order for him to perform his duties under this chapter.
(Ord. 1057 § 1, 1984)
The city manager may deny a charitable solicitation permit whenever
the application for permit is incomplete or when the applicant has
not complied with the provisions of this chapter. In the event the
city manager denies a permit to any applicant, the city manager shall
within two business days give the applicant written notice in person
or by registered mail of the denial, stating with specificity the
reasons for such denial.
(Ord. 1057 § 1, 1984)
Upon the expiration of any permit and if requested in writing
to do so, the city manager must renew the permit within three days
of such request if the factual information upon which the original
application was granted remains unchanged. The city manager may require
a new application subject to the provisions of this chapter.
(Ord. 1057 § 1, 1984)
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 and disbursement
of all funds solicited under the permit. All permits must be signed
by the city manager and presented to each and every contributor for
inspection by the contributor upon his request.
(Ord. 1057 § 1, 1984)
All permits issued under this chapter shall be valid for a period
of thirty days unless renewed pursuant to the provisions of this chapter.
(Ord. 1057 § 1, 1984)
Any permit issued under this chapter shall not be transferable
or assignable.
(Ord. 1057 § 1, 1984)
All persons to whom permits have been issued under this chapter
shall furnish proper credentials to their agents and solicitors for
such solicitation. The credentials shall include the name of the permit
holder, the date, a statement describing the holder's charitable activity,
a description of the purpose of the solicitation, the signature of
the permit holder or of the holder's chief executive officer and the
name and signature of the solicitor to whom such credentials are issued
and the specified period of time during which the solicitor is authorized
to solicit on behalf of the permit holder. A copy of the credentials
must be filed with the city manager at the time the application for
a permit is filed and must be approved by him as conforming to the
requirements of this section before the permit is issued. No person
shall solicit under any permit granted under this chapter without
the credentials required by this section. No agent or solicitor shall
solicit contributions for any charitable purpose for any person in
the city unless such person has been granted a permit under the provisions
of this chapter.
(Ord. 1057 § 1, 1984)
No person shall solicit charitable contributions for any charitable
purpose without first obtaining an identification badge, produced
at the permit holder's expense. The information on the badge shall
include the permit holder's full name, address and telephone number,
the full name of the solicitor or agent and the charitable solicitation
permit number. The badge is to be worn in a conspicuous location on
the solicitor's person while soliciting charitable contributions.
(Ord. 1057 § 1, 1984)
(a)
If
an applicant or permit holder is aggrieved by any action to deny 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 city manager. The city clerk shall set a time and place
for hearing on the appeal and notify the applicant or permit holder.
The city council at its next regular meeting, held not more than fifteen
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 at that time.
(b)
In
the event the city council affirms the decision of the city manager
to deny any permit under this chapter, the city council shall, within
two business days thereof, give the aggrieved applicant or permit
holder written notice in person or by registered mail of the city
council's action, stating with specificity the reasons for its decision.
The action of the city council shall be final and immediately subject
to judicial review by the Superior Court of the state of California
pursuant to Code of Civil Procedure Section 1094.5.
(c)
The
right to appeal to the city council from the denial of any permit
granted under this chapter shall terminate upon the expiration of
thirty days following written notice of the city manager's action.
(Ord. 1057 § 1, 1984)
The chief of police shall be notified forthwith by the city
manager of the denial of any permit issued under this chapter.
(Ord. 1057 § 1, 1984)
Any person receiving five dollars or more in money or anything
having a value of five dollars or more from any contributor under
a solicitation made pursuant to a permit granted under this chapter
shall give to each and every such 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, together with a brief written statement describing
by approximate percentage the disbursement of all funds solicited
under the permit issued hereunder; provided, however, that this section
shall not apply to any contributions collected by means of a closed
box or receptacle used in solicitation, where it is impractical to
determine the amount of such contributions.
(Ord. 1057 § 1, 1984)
Every permit holder soliciting charitable contributions shall
file with the city manager within thirty days after the termination
date of the solicitation a report which shall detail all receipts,
expenses and distributions of proceeds.
(Ord. 1057 § 1, 1984)
(a)
No
person shall directly or indirectly solicit contributions for any
purpose by misrepresentation of his name, occupation, financial condition,
social condition, residence or principal place of business, and no
person shall make or cause to be made any misstatement of fact, 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.
(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 any governmental
agency that the use thereof would tend to confuse or mislead the public.
(c)
No
charitable organization or professional fund raiser shall 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.
(Ord. 1057 § 1, 1984)
(a)
No
person to whom a permit has been issued under this chapter, nor any
of the agents or solicitors of such person, shall affix any object
to the person of any contributor, or member of the public, without
first receiving express permission therefor from such contributor
or member of the public.
(b)
No
person to whom a permit has been granted under this chapter, nor any
of the agents or solicitors of such persons, shall persistently and
importunately request any donation from any member of the public after
such member of the public expresses his or her desire not to make
a donation.
(c)
No
person to whom a permit has been granted under this chapter, nor any
of the agents or solicitors of such 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.
(Ord. 1057 § 1, 1984)
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, shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not more
than five hundred dollars 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.
(Ord. 1057 § 1, 1984)
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 the ordinance codified in this chapter is declared
invalid, other provisions thereof shall remain valid and enforceable.
(Ord. 1057 § 1, 1984)
