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:
means philanthropic, social service, benevolent, patriotic,
welfare, health, educational, civic or fraternal.
occurs whether or not the person making or receiving the
solicitation receives or makes any sale or purchase referred to in
this chapter.
means alms, food, clothing, money subscription, property
or donations made as a loan of money or property.
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.
means goods, wares, merchandise, products, chattels of any
description, magazines, periodicals, or other publications or subscriptions
therefor; regularly published newspapers as defined herein excepted.
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.
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.
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.
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.
means any place to which anyone may have access without trespassing.
means sales of goods for any purpose other than resale in
the regular course of business. Retail business includes retailer.
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.
means any act performed for the benefit of another under
some arrangement or agreement whereby such act was to have been performed.
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.
means and includes the following:
Any direct oral or written request for money, property, or anything
of value or any financial assistance of any kind;
The distribution, circulation, mailing, posting or publishing
of letters, posters, handbills, cards, folders, pamphlets, books,
or circulars for the purpose of soliciting funds;
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;
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.
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.
means a sidewalk vendor who vends from a fixed location.
means any stand, table, handcart, motor vehicle or other
portable or mobile device whereby goods are displayed or dispensed.
(Ord. 557 § 3, 2019)
B.
Except
as provided herein, the fee for a new solicitor's license is
as established by resolution of the City Council. The fee must accompany
each application and is nonrefundable. The fee stated herein is not
for revenue purposes but will be used to defray, in part, the cost
of investigation and enforcement of this chapter.
(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);
2.
State
tax-exempt notice (Section 23701(d) of the Revenue and Taxation Code);
and
3.
Federal
tax-exempt notice (Section 501(c)(3) of the Internal Revenue Code).
(Ord. 557 § 3, 2019)
A.
Except
for applicants for a charitable solicitor's business license,
the applicant for a solicitor's permit and identification card
must apply to the issuing officer on forms prescribed by the issuing
officer and may be required to furnish the following information:
1.
Name;
2.
Physical
description and three photographs;
3.
Local
address;
4.
Permanent
address;
5.
Description
of the nature of his or her business;
6.
Description
of the nature of his or her goods or services to be offered;
7.
Name
and address of employer and a description of the relationship between
the applicant and such employer;
8.
A
statement of all convictions for all misdemeanors and felonies;
9.
Such
other information as the issuing officer deems necessary and relevant
to a determination of whether a license should be issued pursuant
to this chapter.
B.
In addition to the procedures specified in Chapters 4.02 and 4.03, applicants for charitable solicitor's permit must file an application 60 days prior to the date of commencement of the proposed charitable solicitation, and must provide the following information:
1.
The
name and address of the person applying for the license;
2.
If
the applicant is not an individual, the names and addresses of the
applicant's principal officers and managers, together with written
authorization signed by two of the applicant's principal officers
authorizing the applicant to make the application;
3.
The
purpose for which the solicitation is to be made and the use or disposition
to be made of any receipts therefrom;
4.
The
names and addresses of all persons who will be in charge of conducting
the solicitation;
5.
The
names and addresses of all solicitors, unless in the opinion of the
issuing officer the solicitation campaign is of such magnitude and
involves such a great number of volunteer solicitors as to make it
impractical to provide the same;
6.
Any
other information as may be reasonably required by the issuing officer
in order to determine the kind and character of the solicitation proposed;
7.
If
there is any change in fact, policy or method that would alter the
information given in the application, the applicant must notify the
issuing officer in writing thereof within five days;
8.
All
licenses become and remain a public record open to the inspection
of all persons;
9.
Upon
receipt of an application for a license and/or identification card,
the issuing officer may send copies of such application to any officer
or department which the issuing officer deems essential in order to
carry out a proper investigation of the applicant. The issuing officer
may forward fingerprints to the California Bureau of Identification
for research.
C.
Notwithstanding
the foregoing requirements, applicants for a sidewalk vendor permit
are not required to submit a social security number for the issuance
of a permit or license and any identification number collected from
the applicant will not be available to the public for inspection,
consistent with applicable laws.
(Ord. 557 § 3, 2019)
A.
In addition
to any other reasons provided in this title, the issuing officer may
deny, suspend or revoke any application or disprove of specific persons
proposed for coverage under the permit if the applicant, the applicant's
agent, representative or employee:
1.
Is
convicted of any misdemeanor involving violation of any statute or
ordinance regulating or taxing any business; or
2.
Is
convicted of any crime involving any of the offenses described under
California Penal Code Section 290; or
3.
Who
has violated any of the provisions of this chapter; or
4.
Who
makes any false statement or misrepresentations in his or her application
for such license and/or identification card.
B.
For
purposes of this section, a plea of nolo contendere, or a plea or
verdict of guilty, or a finding of guilt by a court, or a forfeiture
of bail is deemed to be a conviction whether probation is granted
or not.
(Ord. 557 § 3, 2019)
A.
In addition
to other powers provided in this title, the issuing officer has the
following powers:
1.
To
investigate the conduct of any solicitation for a charitable purpose;
2.
To
inspect all books, records and papers pertaining to any solicitation
for a charitable purpose of any person by whom or on whose behalf
any solicitation is made;
3.
To
make copies of all books, records and papers pertaining to any solicitation
for a charitable purpose.
B.
For
solicitations for charitable purposes, the issuing officer issues
a license within 30 days after receipt of such application, whenever
the issuing officer finds that the following facts exist:
1.
That
the application and applicant fulfill the requirements of this chapter;
2.
That
the control and supervision of the solicitation and the distribution
or disbursement of the proceeds will be directed by reliable and responsible
persons;
3.
That
the applicant has not engaged in any fraudulent transaction or enterprise;
4.
That
the solicitation will not be a fraud on the public;
5.
That
the solicitation not be conducted for private profit;
6.
That
the applicant has not violated this code in the conduct of any prior
solicitations.
C.
Upon
approval by the issuing officer, the license and identification card
issued to the applicant will show the physical description of the
permittee, the permittee's name and permanent address, and with
the name of the principal if other than the permittee, and the nature
of the business for which the license is issued. The identification
card must show the expiration date of the license and contain a photograph
of the permittee.
D.
The
license must also be accompanied by a statement that the license does
not constitute an endorsement by the City or any of its employees,
of the purpose of persons conducting the solicitations.
(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)
A.
No solicitor
may contact or attempt to contact any occupant of any house or dwelling
where the owner or occupant or the house or dwelling has posted at
the front of the house or dwelling, printed with letters not less
than one inch in height, and at a location which is unobstructed and
clearly visible from the normal entrance way to such house or dwelling,
a sign or placard prohibiting soliciting.
B.
No solicitor
may contact or attempt to contact any member of the public on any
private commercial property which is normally open to the general
public where the owner or legal occupant thereof has posted at all
entrances, and printed with letters not less than one inch in height,
and at a location which is unobstructed and clearly visible by all
persons entering such property, a sign or placard prohibiting such
soliciting.
(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)
A.
No person
may accept any contribution for a charitable purpose without providing
a signed receipt for the contribution.
B.
Exceptions:
1.
No
receipt need be given or tendered if a donation of money is made by
placing the same in a box or receptacle previously approved by the
issuing officer.
2.
No
receipt need be given for any donation the value of which is less
than one dollar.
3.
When
the issuing officer determines that the public interest would not
be adversely affected thereby and that the waiver of the requirement
of tendering a signed receipt would not aid in a fraud upon the contributor,
the issuing officer may waive the requirements of this section.
(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:
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)
