A. The
following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
"Public place"
means a place to which the public or a substantial group
of persons has access, and includes, but is not limited to, any street,
highway, sidewalk, parking lot, plaza, transportation facility, school,
place of amusement, park, playground, and any doorway, entrance, hallway,
lobby and other portion of any business establishment, an apartment
house or hotel not constituting a room or apartment designed for actual
residence.
Solicitation or solicit.
1.
The term "solicitation" or "solicit"
means:
a.
Any request, plea, demand, or invitation, or attempt thereof,
to give money or property for any purpose, without prior invitation,
appointment or consent, made upon any private property in the city
in which the solicitor has no possessory or ownership interest;
b.
The sale of, offer to sell, or attempt to sell, for consideration
of any kind, and for any purpose and without prior invitation, appointment
or consent, any advertisement, advertising space, book, card, chance,
coupon device, magazine subscription, membership, merchandise, ticket
of admission, or any other thing upon any private property in the
city in which the solicitor has no possessory or ownership interest;
c.
The act of traveling from house to house, from business to business,
or otherwise from place to place, and taking or attempting to take
orders for the sale of goods or merchandise, personal or intangible
property of any nature for future delivery, or for services of any
kind to be furnished or performed in the future, whether or not such
person has, carries or displays for sale a sample of the subject of
such sale or is collecting advance payments for such sales or services;
d.
The act of traveling from house to house, from business to business,
or otherwise from place to place, carrying, conveying or transporting
goods, merchandise or personal or intangible property of any nature,
and offering and/or displaying the same for sale or making sales and
delivering such items, or services of any kind, to any person at the
place of sale or elsewhere; or
e.
The act of traveling from house to house, from business to business,
or otherwise from place to place, for any purpose and without prior
invitation, appointment or consent, and offering to sell, or attempting
to sell, for consideration of any kind, any goods or merchandise,
personal or intangible property of any nature, or any kind of service.
2.
The term "solicitation" does not include the distribution of free literature, flyers or leaflets. Solicitation is subject to the provisions of section
5.04.350.
B. It is
unlawful for any persons physically present in or on a street or highway
to solicit the occupants of any vehicle traveling upon any street
or highway. This section does not prohibit solicitation by persons
off the street or highway or on a sidewalk.
C. No person
shall engage in "aggressive solicitation" in any public
place. The term "aggressive solicitation" shall mean the
following:
1. Approaching
or speaking to a person, or following a person before, during or after
soliciting, asking, verbally confronting or begging, if that conduct
is intended or is likely to cause a reasonable person to fear bodily
harm to oneself or to another, damage to or loss of property, or to
otherwise be intimidated into giving money or other thing of value,
or where such conduct is intended to intimidate any person from lawfully
utilizing any public service or facility;
2. Intentionally
touching or causing physical contact with another person or an occupied
vehicle without that person's consent in the course of soliciting,
asking or begging;
3. Intentionally
blocking or interfering with the safe or free passage of a pedestrian
or vehicle by any means, including unreasonably causing a pedestrian
or vehicle operator to take evasive action to avoid physical contact;
4. Using
violent or threatening gestures toward a person solicited either before,
during, or after soliciting, asking or begging;
5. Persisting
in closely following or approaching a person, after the person solicited
has been solicited and informed the solicitor by words or conduct
that such person does not want to be solicited or does not want to
give money or any other thing of value to the solicitor; or
6. Using
profane, offensive or abusive language before, during or after solicitation,
that is inherently likely to provoke an immediate, violent reaction.
D. No person
shall solicit at the location of any residence from the time of sunset
in one day to the time of sunrise the next day.
E. No person
under the age of 16 may solicit unless accompanied by an adult.
(Code 1980, § 9.31.010; Ord. No. 831, § 2, 6-16-2010; Ord. No. 870 (Recodification),
2014)
A. Permit required. It is unlawful for any person to engage in commercial solicitation activities as a noncharitable solicitor within the city without first obtaining a permit therefor in compliance with the provisions of this section
9.31.020. For purposes of this section, the term "noncharitable solicitor" shall mean any person who solicits for any commercial or other purpose not intended to benefit nor benefiting, any charity, as defined in
Business and Professions Code § 17510.2(d), or any successor provision thereto.
B. Application
for permit. Applicants for a permit under this section shall file
with the finance director a sworn application in writing on a form
to be furnished by the director, providing the following:
1. The
name, birth date, and description of the applicant;
2. The
permanent home address and full local and business address of the
applicant and the applicant's employer, if any, and any business
represented by the applicant;
3. A
brief description of the nature of the business, the goods or services
to be sold, proposed method of delivery, and any vehicles to be utilized
in connection therewith;
4. If
employed, the name and address of the employer, together with credentials
establishing the exact relationship;
5. The
length of time for which the permit is desired, not to exceed one
year;
6. A
statement as to whether or not the applicant has been convicted of
any misdemeanor or felony within the previous ten years, the nature
of the offense, the date of conviction, and the punishment or penalty
imposed therefor, or any misdemeanor or felony for which the applicant
is required to register pursuant to
Penal Code § 290, or
conduct which is a violation of the provisions of any state, federal
or territorial law similar to and including
Penal Code § 266(h),
266(i), 314, 315, 316, 318, 647(a), (b), or (d), or (f) where the
violation occurred while vending;
7. A
statement as to the nature and date of any revocation of any permit
held by the applicant to sell goods or services to the public within
the previous ten years;
8. Evidence
of the applicant's employer possessing a current city business
license to conduct solicitation activities;
9. Letter
of authorization from organization stating legal names of individuals
that are allowed to solicit on their behalf.
Where the applicant is a business entity utilizing noncharitable
solicitors, the applicant shall provide all of the required information
as to such business entity and as to each person who shall actually
solicit.
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C. Photographs;
fingerprinting; criminal records. Each applicant shall provide two
passport size photographs, be fingerprinted by the Rancho Cucamonga
Police Department and a criminal records check shall be conducted
on the applicant. The applicant will be required to pay the established
fees for such services in addition to the permit fee.
D. Permit
filing fee. At the time of filing the application for a permit under
this section, a non-refundable fee in an amount established by resolution
of the city council shall be paid to the finance director to cover
the cost of investigation of the facts stated therein, and the cost
of the identification card required to be carried by each solicitor.
Such fee shall be paid by each business entity applicant on behalf
of each person who shall actually solicit.
E. Application
investigation; permit issuance conditions.
1. Upon
receipt of a complete application for a permit under this chapter,
the finance director shall cause an investigation of the applicant
and application to be made. The finance director shall require the
applicant to submit to LiveScan or similar fingerprint means of identification
and verification of information provided. The application shall be
approved or denied within a reasonable amount of time.
2. If, as a result of such investigation, the finance director determines that any ground for denial set forth in subsection
(G)(1) of this section exists, the applicant shall be provided written notice that the application is disapproved and that no permit will be issued.
3. If,
as a result of such investigation, the applicant is found to satisfy
the requirements of this chapter, the finance director shall approve
the application and issue a permit and an identification card for
each solicitor. Such card shall contain the signature of the issuing
officer, and shall show the name and business or residential address
of the permittee, the kind of goods or services permitted to be sold
thereunder, the date of issuance and the term of the permit, as well
as a description of any vehicle to be used by a permitted solicitor.
Each card shall also clearly state that issuance of such permit and
identification card does not constitute an official endorsement by
the city of the permittee or of anything sought to be sold by the
solicitor. No permittee shall sell or attempt to sell goods or services
of a different nature than described in the permit. Each permittee
shall provide written notice to the finance director of any changes
occurring with respect to information set forth in an application
made pursuant to this chapter, within five business days thereof.
4. The
finance director shall keep a written record of all permits issued
for such time as required by law.
5. Each permittee shall comply with the provisions of section
9.31.010, with respect to the manner of solicitation.
F. Possession
of permit required. Each permitted solicitor shall maintain in his
or her possession, at all times while soliciting, the original identification
card issued to them by the business license division of the finance
department and a valid driver's license, identification card
or other form of identification bearing the solicitor's name
and photograph, and shall exhibit the card and picture identification
to each prospective customer or law enforcement officer for inspection
upon request.
G. Permit
denial and revocation.
1. Any
permit applied for under the provisions of this chapter may be denied
for any of the following causes:
a. Fraud, misrepresentation or false statement contained in the application
for a permit;
b. Conviction of a misdemeanor or felony involving fraud, theft, dishonesty,
or injury to any person within the previous ten years, or revocation
of any permit to sell goods or services to the public within the previous
five years, or any misdemeanor or felony for which the applicant is
required to register pursuant to
Penal Code § 290;
c. Failure to comply with the requirements of this chapter;
d. Conviction within the previous 12 months, resulting from any violation
of this chapter.
2. Any
permit issued under the provisions of this chapter may be suspended
or revoked after notice and hearing opportunity for any of the following
causes:
a. Fraud, misrepresentation or false statement made in the course of
solicitation activities;
b. Any violation of this Code or any state or federal law while soliciting
that is punishable as a misdemeanor or felony, provided that substantial
evidence of the fact of violation is found to exist;
c. Conducting solicitation in such a manner as to constitute a threat
to the health, safety or general welfare of the public;
d. Conviction of a misdemeanor or felony involving fraud, theft, or
dishonesty, or use of illegal drugs or injury to any person while
soliciting, or which requires the permittee to register pursuant to
Penal Code § 290.
3. Unless suspension is required in order to protect the immediate health, safety or welfare of the public, a hearing shall be conducted prior to permit revocation, pursuant to the procedures set forth in section
9.31.030(D), applicable to revocation of charitable solicitation permits.
H. Appeal procedure. Any person aggrieved by a denial of a noncharitable solicitation permit may appeal such denial to the city manager, or designee pursuant to section
1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or designee, within 30 days of the date of said notice. The city manager, or designee, shall bear the burden of proof and the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or designee, shall be final.
(Code 1980, § 9.31.020; Ord. No. 831, § 2, 6-16-2010; Ord. No. 870 (Recodification),
2014; Ord. No. 931 §§ 4,
5, 2018)
A. Definitions.
The following words and phrases, whenever used in this section, shall
be defined as follows:
"Charity"
means and has that definition set forth in Business and Professions
Code § 17510.2(d), or successor provision thereto, which
defines the term "charity" as including "any person
who, or any nonprofit community organization, fraternal, benevolent,
educational, philanthropic, or service organization, or governmental
employee organization which, solicits or obtains contributions solicited
from the public for charitable purposes or holds any assets for charitable
purposes." Whenever the term "charitable purposes"
is utilized in this chapter, such term shall mean and include such
purposes as will directly benefit or are purported to benefit any
charity.
B. Charitable
solicitation permit required.
1. No
person shall solicit, or permit or cause any other person to solicit
on said person's behalf, where it is represented that any proceeds
of such solicitation are to be used for charitable purposes, or otherwise
engage in any "solicitation for charitable purposes" or
"sales solicitation for charitable purposes," as those
terms are defined in
Business and Professions Code section 17510.2,
or any successor provision thereto, without first obtaining and being
the holder of a valid charitable solicitation permit issued by the
finance director.
2. Permit
filing fee. At the time of filing the application for a permit under
this section, a non-refundable fee in an amount established by resolution
of the city council shall be paid to the finance director to compensate
the city for the actual costs of the permit and identification cards
required to be in the possession of each solicitor at all times while
soliciting, and the cost of administering this chapter.
3. The
foregoing permit shall be required only of the person in charge of
charitable solicitations on behalf of a charity, but no person shall
solicit as agent, servant or representative of an unpermitted person
required under the provisions of this section to have a charitable
solicitation permit.
4. Each
person applying for a charitable solicitation permit or renewal of
an existing permit shall file with the business license division of
the finance department a sworn statement setting forth the name of
the charity on which behalf the charitable solicitation is to be made,
together with the address and telephone number of the charity (and,
if an organization, the names and business addresses of its officers);
the name of the persons who are to act as charitable solicitors; the
total amount to be raised; the estimated total amount to be expended
as compensation or reward for such charitable solicitation, or the
percentage of the total amount intended to be raised or realized in
the drive or campaign such estimated total of expenditures represents;
and the purpose for which the money or property derived from such
charitable solicitation is to be used. This statement shall be verified
by declaration or affidavit of the person, or chief officer of the
organization, for whom charitable solicitation is to be made, or if
solicitation is to be for an unorganized class of persons, verification
shall be made by the person in charge of such charitable solicitation.
To the extent not required above, each applicant shall also
provide to the business license division of the finance department
as part of the sworn statement of the information required to be disclosed
pursuant to
Business and Professions Code § 17510.3, the
name and address of each person who shall actually solicit for charitable
purposes. This sworn statement shall be on such form as provided by
the finance department and shall constitute the required application.
Notwithstanding the foregoing, provided none of the information given
in connection with an application for an initial charitable solicitation
permit has changed, an applicant for renewal shall only be required
to verify the same under penalty of perjury and pay the required permit
fee.
5. Before
issuing a charitable solicitation permit, the finance director may
investigate the information provided in the application. Unless upon
such inquiry or from such statement the finance department discovers
any false material statement or representation, or that the applicant
does not represent a bona fide charity, as defined herein and in Business
and Professions Code § 17510.2, or that the solicitation
activities proposed would violate any provision of Business and Professions
Code § 17510 et seq., or any other law, or that the applicant
has been convicted within the previous 12 months of soliciting without
a permit required by this chapter, the application shall be approved.
Each complete application for a charitable solicitation permit shall
be approved or denied within a reasonable amount of time or the application
shall be deemed approved. The permit shall be valid for one year unless
revoked or renewed as provided herein. If denied, the basis for denial
shall be provided in writing within seven calendar days by mail to
the applicant.
6. In
accordance with the requirements of
Business and Professions Code
§ 17510.3, upon commencement of any charitable solicitation,
each charitable solicitor shall exhibit to the prospective donor or
purchaser a card entitled "Solicitation or Sale for Charitable
Purposes Card," or alternatively, a solicitation brochure, which
card or brochure shall truthfully contain the following information:
a. The name and address of the charitable campaign, each organization,
or fund on behalf of which all or any part of the money collected
will be utilized for charitable purposes;
b. If there is no organization or fund, the manner in which the money
collected will be utilized for charitable purposes;
c. The amount, stated as a percentage of the total gift or purchase,
that will be used for charitable purposes;
d. If the charitable solicitor is a paid fundraiser and is paid a set
fee rather than a percentage of the total amount raised, the card
or brochure shall show the total cost that is estimated which will
be used for direct fundraising expenses;
e. If the charitable solicitation is not a sales solicitation for charitable
purposes, the card or brochure may state, in place of the amount of
fundraising expenses, that an audited financial statement of these
expenses may be obtained by contacting the organization at the address
disclosed;
f. 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;
g. The percentage of the total gift, donation, 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 or brochure shall
state that this contribution is not tax deductible;
h. If the organization making the charitable 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," or
"firefighter," "firemen" or "fire department,"
which would reasonably be understood to imply that the organization
is composed of law enforcement or fire department or firefighting
personnel, the charitable solicitor shall give the total number of
members in the organization, including the name of their public agency
employer, and the number of members working or living within the county
where the charitable solicitation is being made, and if the solicitation
is for advertising, the statewide circulation of the publication in
which the solicited ad will appear;
i. If the organization making the charitable solicitation represents
any nongovernmental organization by any name which includes, but is
not limited to, the term "veteran," which would reasonably
be understood to imply that the organization is composed of veterans,
the charitable 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 subsection does
not apply to federally chartered or state incorporated veterans'
organizations with 200 or more dues paying members or to a thrift
store operated or controlled by a federally chartered or state incorporated
veterans organization. This subsection 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
Revenue and Taxation Code § 23701(d);
7. When the charitable solicitation is not a sales solicitation for charitable purposes, any charitable solicitor who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization, may comply with the provisions of subsection
(B)(5) of this section 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 purpose 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 fundraising 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. A charitable solicitor 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, and who is 18 years of age or younger, shall be exempt from the provisions of subsection
(B)(5) of this section;
8. Each
charitable solicitor receiving money or property from any person as
a result of any solicitation shall provide a written receipt to such
person. This receipt shall indicate the amount of money or a description
of property received, as well as the name, business or home address
and telephone number of the charitable solicitor. The receipt shall
also state whether or not the money or property received constitutes
a state or federal tax deduction;
9. Each
charitable solicitor, or the charity on whose behalf such solicitation
is made, shall maintain full and complete written records of all money
and property received as a result of the permitted charitable solicitation
activities. Such records shall be available for review by the finance
director, or designee, during normal business hours.
C. Identification.
1. Each
charitable solicitor who shall actually solicit shall be issued, and
shall maintain in his/her possession at all times while soliciting,
an original identification card issued by the business license division
of the finance department and a driver's license, identification
card, or other form of identification which bears the solicitor's
name and photograph. The permit and identification card shall also
state that issuance of such permit does not constitute an official
endorsement by the city of the permittee or of the subject charity.
2. Solicitors
shall display the permit and identification card to, and allow the
same to be examined by, any and all persons to whom any solicitation
is to be made, prior to the time of the solicitation, and to any law
enforcement officer upon request.
3. A
charitable solicitor soliciting on behalf of a charitable organization
whose membership is comprised of at least 15 members and at least
75 percent Rancho Cucamonga residents, shall be deemed to comply with
this section provided each solicitor, while soliciting, is dressed
in a recognizable uniform, or is bearing some other form of conspicuous
identification, of such charitable organization.
D. Revocation.
Any charitable solicitation permit may be revoked or suspended by
the finance director, pending a hearing, when there is probable cause
to believe that any fraud or criminal act has been or is being committed
by the permittee or agents thereof in connection with any permitted
solicitation. In all other cases, where any permittee is found to
have included any material misstatement or misrepresentation in the
application, the permit may be revoked or suspended after a hearing
on the matter.
When a hearing is to be conducted as provided herein, the finance
director shall schedule such hearing to occur between seven and 21
calendar days, and shall provide notice by certified mail of such
hearing to the permittee at the address set forth in the application
on file. Said hearing shall be held before the city manager who shall
bear the burden of proof and his or her decision shall be based upon
written findings and shall be final.
E. Appeal procedure. Any person, business entity or organization aggrieved by a denial of a charitable solicitation permit may appeal such denial to the city manager, or designee pursuant to section
1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or designee, within 30 days of the date of said notice. The city manager, or designee, shall bear the burden of proof and the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or designee, shall be final.
(Code 1980, § 9.31.030; Ord. No. 831, § 2, 6-16-2010; Ord. No. 870 (Recodification),
2014; Ord. No. 931 §§ 6—8,
2018)