The City Council declares that the purpose of this chapter is
to safeguard the public against fraud, deceit and imposition, and
to foster and encourage fair solicitations for charitable purposes.
In order to prevent the public from being subject to fraud and misrepresentation
in connection with solicitation of contributions for charitable purposes
and in order to approve the solicitation for legitimate charitable
purposes and to recognize worthwhile charities, and in order to furnish
guidance to the issuing department, this chapter is adopted.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this chapter,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
"Charitable"
means philanthropic, social service, benevolent, patriotic,
welfare, health, educational, civic or fraternal.
"Completed solicitation"
occurs whether or not the person making or receiving the
solicitation receives or makes any sale or purchase referred to in
this chapter.
"Contribution"
means alms, food, clothing, money subscription, property
or donations made as a loan of money or property.
"Established place of business"
is a fixed place, location or building, owned or leased or
rented on a yearly or monthly basis, by the person who uses such place,
location or building as the permanent place of business. Established
place of business does not include a residence unless such person
possesses a State retail sales tax license indicating the residence
as the business address.
"Goods"
means goods, wares, merchandise, products, chattels of any
description, magazines, periodicals, or other publications or subscriptions
therefor; regularly published newspapers as defined herein excepted.
"House"
means any structure, building or dwelling which has walls
on all sides and is covered by a roof. House includes the land area
surrounding it.
"Identification card"
means a solicitor's identification card issued by the
City to a person who possesses a valid solicitor's license or
who is employed or engaged to solicit by a person permitted to do
business as a solicitor within the City.
"Interviewer"
means any person who goes to a house or upon any public place
for interviewing persons or soliciting answers to questions for marketing
research, opinion, research, attitude surveys or for any other pool
or information gathering service for compensation or other business
enterprise. Interviewer does not include persons representing governmental
entities, political parties, newspapers, radio or television stations,
or persons circulating petitions for initiative, referendum or other
political purpose.
"Newspaper"
means a publication appearing at regular intervals at short
periods of time, as daily, weekly, biweekly, usually in sheet form
and containing news that is reports of recent occurrences, political,
social, moral, sporting events and items of varied character, both
local and foreign, intended for the information of the general reader
and has reference to the natural, plain and ordinary significance
of the word newspaper and does not refer to or comprehend magazines
or periodicals. Newspaper does not include regular or periodic advertising
circulars, certificates, papers, coupons, books or pamphlets.
"Public place"
means any place to which anyone may have access without trespassing.
"Retail business"
means sales of goods for any purpose other than resale in
the regular course of business. Retail business includes retailer.
"Roaming sidewalk vendor"
has the meaning set forth in Chapter 6.2 (commencing with Section 51036) of Part 1 of Division
1 of Title
5 of the
Government Code and is a type of solicitor for purposes of this chapter.
"Services"
means any act performed for the benefit of another under
some arrangement or agreement whereby such act was to have been performed.
"Sidewalk vendor"
has the meaning set forth in Chapter 6.2 (commencing with Section 51036) of Part 1 of Division
1 of Title
5 of the
Government Code and is a type of solicitor for purposes of this chapter.
"Solicitation"
means and includes the following:
1.
Any direct oral or written request for money, property, or anything
of value or any financial assistance of any kind;
2.
The distribution, circulation, mailing, posting or publishing
of letters, posters, handbills, cards, folders, pamphlets, books,
or circulars for the purpose of soliciting funds;
3.
The giving or making of an announcement to the press or over
the radio, television, internet, or any other digital or electronic
means concerning or involving an appeal, assemblage, athletic or sports
event, bazaar, benefit, campaign, contest, drive, entertainment, exhibition,
exposition, lecture, party, performance, picnic, sale or social gathering
to which the public or any portion of the public is requested to meet
or patronize or to which the public or any portion of the public is
requested to make a contribution, by the reason of or because of any
charitable purpose or benefit, or other purposes connected with or
involved in any such appeal, assemblage, athletic or sports event,
bazaar, benefit, campaign, contest, drive, entertainment, exposition,
lecture, party, performance, picnic, sale or social gathering;
4.
The sale of, offer to sell, or attempt to sell any advertisement,
advertising space, article or service, book, card, chance coupon,
device, magazine, membership, merchandise, subscription, ticket or
thing whatsoever in connection with which or when or where any appeal
is made for any charitable purpose whatever, or for other purpose,
or the name of any charity, philanthropic or charitable association,
or of any other association, is used or referred to in any such appeal
as an inducement or reason for the making of any such sale, or when
or where in connection with any such sale, offer to sell or attempt
to sell, any statement is made that the whole or any part of the proceeds
from any such sale or selling will go to or be donated to any charitable
purpose or association or to any other association.
"Solicitor"
includes peddlers, hawkers, transient dealers, salespersons
or other itinerant vendors, or an interviewer, or any person who sets
up a temporary stand or goes to a house or dwelling or upon any public
place for the purpose of selling services, or offers to sell, or selling
by sample, or take orders for, give away or otherwise dispose of any
goods, or anything of value, or who offers to distribute or delivers
any coupon, certificate, handbill, ticket, token card, paper, circulars,
chance coupon, magazine, or other items which in turn are redeemable
for goods.
"Temporary stand"
means any stand, table, handcart, motor vehicle or other
portable or mobile device whereby goods are displayed or dispensed.
(Ord. 557 § 3, 2019)
In addition to the exemptions provided in Chapter
4.02, the following applicants for a business license and identification card are exempt from payment of fees:
A. No fees
apply to any solicitation for a charitable purpose conducted by an
organization solely upon premises owned or occupied by it, or solely
among its officers and members or employees, or alumni of educational
institutions.
B. Any
person or organization providing the following documentation:
1. Proof
of registration on the Attorney General's Registry of Charitable
Trusts (Section 12584(a) of the California
Government Code);
3. Federal
tax-exempt notice (Section 501(c)(3) of the Internal Revenue Code).
(Ord. 557 § 3, 2019)
An individual permitted to do business as a solicitor within
the City and who employs or engages others to function or perform
as solicitors must furnish the issuing officer with the name and address,
temporary and permanent, of all such persons employed or engaged in
solicitations.
(Ord. 557 § 3, 2019)
Every person permitted hereunder while engaged in the business
for which permitted must display on the front of his or her person
his or her identification card in a manner and at a location allowing
such identification card to be easily seen and read by any other person,
and upon demand by any peace officer must exhibit such identification
card.
(Ord. 557 § 3, 2019)
It is unlawful for any person to do business as a solicitor
from 8:00 p.m. until 8:00 a.m. local time except by appointment.
(Ord. 557 § 3, 2019)
This chapter does not apply to:
A. Students
from an elementary school or a junior high school, or a high school,
or public junior or community college, or public college or public
university or any private educational institution falling within the
definition of educational institution in
Education Code Section 210.3,
but only while such students are engaged in activity associated with
academic or scholastic functions sponsored by and authorized by such
schools;
B. Wholesalers,
their representatives, agents or employees calling upon retail businesses,
nor to retail businesses when such sales are made in the regular course
of business and at the established place of business;
C. Sales
by a farmer or rancher for products produced within the City by such
farmer or rancher at the established place of business of such farmer
or rancher;
D. Persons who sell their goods at the rented stall of a lawfully oriented swap meet permitted pursuant to Chapter
4.24, and who comply with the admissions records as required in Chapter
4.24 of this code, or to persons who sell their goods at a stall in a farmers' market permitted pursuant to Chapter
4.14;
E. A newspaper
as defined herein and its employees.
(Ord. 557 § 3, 2019)
No person may solicit any contribution for a charitable purpose
by means of any box or receptacle in or upon any public street or
place, or any place open or accessible to the public without first
obtaining a license therefor from the issuing officer.
(Ord. 557 § 3, 2019)
No person may conduct, carry on or manage any solicitation for
a charitable purpose unless the person establishes and maintains a
system of accounting in which all income contributions and disbursements
are recorded.
(Ord. 557 § 3, 2019)
A. In addition
to the regulations applicable to solicitors and other generally applicable
laws, a sidewalk vendor must not undertake any of the following:
1. Obstruct
the flow of traffic in a manner that results in a violation of the
Americans with Disabilities Act, forces pedestrian traffic into a
street or other area where vehicles travel, or forces vehicular traffic
to veer from its ordinary course of travel;
2. Operate in areas located within the immediate vicinity of a permitted certified farmers' market or swap meet during the operating hours of the farmers' market or swap meet as those terms are defined in Chapter 6.2 (commencing with Section 51036) of Part 1 of Division
1 of Title
5 of the
Government Code;
3. Operate
within the immediate vicinity of an area designated for a temporary
use of, or encroachment on, the sidewalk or other public area for
the duration of the temporary use or encroachment;
4. Operate
without obtaining and displaying any valid certificate or other authorization
required by the County of San Diego or without acquiring any license
from a State or local agency required by law;
5. Maintain
unsanitary conditions.
B. In addition
to the regulations applicable to solicitors, a stationary sidewalk
vendor must not undertake any of the following:
1. Vend
in any park that has an agreement for concessions that exclusively
permits the sale of food or merchandise by the concessionaire;
2. Vend
in any area zone exclusively residential.
C. The
Director of Engineering may impose any conditions on a regulatory
permit issued pursuant to this section which are required to ensure
compliance with any relevant provisions of this code, ordinances of
the City, or applicable law or regulation.
D. Enforcement of violations of this section will proceed in accordance with Chapter 6.2 (commencing with Section 51036) of Part 1 of Division
1 of Title
5 of the
Government Code.
(Ord. 557 § 3, 2019; Ord. 612 § 2, 2023)