Chapter 9.31 SOLICITATION

§ 9.31.010 Definitions and general restrictions.

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.

The term "solicitation" or "solicit" means:

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;

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;

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;

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

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.

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.

"Street, highway and sidewalk"

shall have those meanings as set forth in Vehicle Code §§ 360, 509 and 555, respectfully, or any successor provisions thereto.

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.

No person shall engage in "aggressive solicitation" in any public place. The term "aggressive solicitation" shall mean the following:

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;

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;

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;

Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

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

Using profane, offensive or abusive language before, during or after solicitation, that is inherently likely to provoke an immediate, violent reaction.

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.

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)

§ 9.31.020 Noncharitable solicitation.

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.

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:

The name, birth date, and description of the applicant;

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;

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;

If employed, the name and address of the employer, together with credentials establishing the exact relationship;

The length of time for which the permit is desired, not to exceed one year;

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;

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;

Evidence of the applicant's employer possessing a current city business license to conduct solicitation activities;

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.

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.

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.

Application investigation; permit issuance conditions.

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.

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.

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.

The finance director shall keep a written record of all permits issued for such time as required by law.

Each permittee shall comply with the provisions of section 9.31.010, with respect to the manner of solicitation.

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.

Permit denial and revocation.

Any permit applied for under the provisions of this chapter may be denied for any of the following causes:

Fraud, misrepresentation or false statement contained in the application for a permit;

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;

Failure to comply with the requirements of this chapter;

Conviction within the previous 12 months, resulting from any violation of this chapter.

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:

Fraud, misrepresentation or false statement made in the course of solicitation activities;

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;

Conducting solicitation in such a manner as to constitute a threat to the health, safety or general welfare of the public;

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.

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.

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)

§ 9.31.030 Charitable solicitation.

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.

"Solicitor"

means any person who solicits.

Charitable solicitation permit required.

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.

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.

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.

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.

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.

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:

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;

If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;

The amount, stated as a percentage of the total gift or purchase, that will be used for charitable purposes;

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;

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;

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;

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;

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;

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);

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;

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;

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.

Identification.

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.

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.

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.

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.

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)