The board of supervisors finds that persons and/organizations have been and are soliciting funds and property in the unincorporated area of the county on the representation that such funds and property are to be used for charitable or religious purposes, when in truth and in fact such funds and property may be and often are used wholly or in large part for the private profit of the individuals promoting such solicitations; that a variety of misrepresentations and other frauds are at times employed in such solicitations; that as the result of such activities, responsible and needed charitable and religious solicitations suffer from the suspicion engendered by these practices, and the residents of the county have in many cases been defrauded and otherwise imposed upon for lack of adequate protection; and that the public safety and convenience necessitates the exercise of the police power of the county through the enactment and enforcement of this chapter for the purpose of preventing such practices, and promoting an atmosphere conducive to the scrupulous solicitation efforts of bona fide charities and religious groups within the county.
The board of supervisors further determines that these interests of the residents of the county can be best served by providing for coordinated and complementary procedures for the control of charitable solicitations in the county with procedures therefor adopted pursuant to the ordinance by the City of Sacramento, so as to assure uniform and equitable administration thereof throughout the city and county of Sacramento.
(SCC 34 § 2, 1971)
a. 
"Solicit" and "solicitation" means and includes the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable purposes (as the term "charitable purposes" is hereinafter defined), except that it does not include the act of recruiting volunteers to solicit for charitable purposes. "Solicit" and "solicitation" also means and includes the following methods of securing money, credit, property, financial assistance or other thing of value on the plea or representation that it will be used for charitable purposes as herein defined:
1. 
Any oral or written request;
2. 
The distribution circulation, mailing, posting or publishing of any handbills, written advertisement, or publication;
3. 
The making of any announcement to the press, over radio or television, or by telephone or telegraph concerning an appeal assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering which the public is requested to patronize or to which the public is requested to make a contribution for any charitable purposes connected therewith.
4. 
The sale of, offer or attempt to sell, any advertisement, advertising space, book, chance, coupon, device, magazine, merchandise, subscription, tax, ticket, membership other than a "bona fide membership" as hereinafter defined, or other thing in connection with which any appeal is made for any charitable purpose, or where the name of any organization for charitable purpose is used or referred to in any such appeal as an inducement or reason for making any such sale, or where in connection with any such sale, any statement is made that the whole or any part of the proceeds of any such sale will go or be donated by any charitable purpose.
A "solicitation" as defined herein shall be deemed completed when communicated to any person then located within the limits of the unincorporated area of the county whether or not the person making the solicitation is located within the limits of the unincorporated area of the county, and whether or not the person making the solicitation receives any contribution or makes any sale referred to herein.
b. 
"Charitable purposes" means and includes the use, actual or represented, of money or property for the benefit in any manner of poor, impoverished, destitute, underprivileged, needy, sick, refugee, or crippled persons; the use, actual or represented, of money or property for the benefit of any church, congregation, religious society or any other religious sect, group or order; the use, actual or represented, of money or property for the relief or assistance of any veteran, or the benefit of any veterans' organization or association, or any purpose purporting to aid the general welfare of any state or nation or for the relief of any race or group of people; the use, actual or represented, of money or property, for civic purposes, such as social or cultural functions or the improvement or beautification of any state, city or other community; the use, actual or represented, of money or property for the benefit of any fraternal or social organization or association; the use, actual or represented, of money or property for the benefit of educational institutions or for the education of any person or group of persons; the use, actual or represented, of money or property for the benefit of youth service organizations.
c. 
"Organization" means and includes any partnership, corporation, joint venture, association, society, church, or religious sect, denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other representative thereof.
d. 
"Person" means any individual or organization, and includes any trustee, receiver, assignee, agent or other representative thereof.
e. 
"Parent organization" means any organization having under its jurisdiction and control one or more subsidiary organizations which exist solely by virtue of a charter or other written authorization issued by it.
f. 
"Subsidiary organization" means any organization or organized group which exists solely by authority of a charter or other written authorization issued by a parent organization.
g. 
"Promoter" means any person who is employed or engaged by any other person, on a salary, commission or percentage basis, to promote, organize or conduct a solicitation for any charitable purpose for or on behalf of such other person; except, however, no person who holds a permanent salaried office or position with the applicant charitable organization or its parent or subsidiary charitable organization shall be deemed to be a promoter hereunder.
h. 
"Committee" means the charitable solicitations committee created by Section 5.64.040 of this code to direct and carry out its service.
i. 
"Board" means the charitable solicitations appeals board created by Section 5.64.130 of this code.
j. 
"Bona fide membership" means membership in an organization entitling the member to an equal voice with every other member, official and other agent thereof in the election of officers and the determination of activities and policies of the organization; such organization being one that conducts its activities in Sacramento County on a continuing basis, such as, but not limited to, parent—teacher associations and homeowners and neighborhood improvement organizations.
(SCC 34 § 2, 1971)
Persons soliciting contributions for any charitable purpose within this unincorporated area of the county shall comply with the provisions of this chapter; provided, however, that the provisions of this chapter shall not apply to:
a. 
Any person organized and operated for charitable purposes and not operated for the pecuniary profit of any person to the extent that the solicitations by such person are conducted exclusively among the members thereof by other members or officers thereof, voluntarily and without remuneration for making solicitations;
b. 
The extent the solicitations are conducted voluntarily and without remuneration by an employer solely among its employees;
c. 
The extent that the solicitations are in the form of and limited to collections or contributions at the regular assemblies or services of such person.
(SCC 34 § 2, 1971)
The county executive is authorized, empowered and directed to undertake the administration of the provisions of this chapter, and to do so jointly and in concert with the city manager of the City of Sacramento as soon and so long as the said city manager shall have been similarly authorized, empowered and directed pursuant to ordinance duly enacted by the city council of the City of Sacramento, and that the city manager and the county executive, or their assistants so designated by them in exercising their duties and powers hereunder, shall be known as the charitable solicitations committee. It shall be the duty of the committee to cause to be investigated each application for a permit required by the provisions of Section 5.64.050 hereof, and to maintain each application on file, together with its recommendation thereon, all of which shall be subject to public inspection at any reasonable time. The committee shall have the power to issue and revoke permits as hereinafter provided, to direct investigations and to do and perform all other acts which may be necessary or proper within the scope of its duties and functions.
In the event the city of Sacramento fails to enact a corresponding ordinance, or, having enacted one, elects to repeal it, the county executive, or such assistant as he may designate, is authorized, empowered and directed to individually undertake the administration of the provisions of this chapter. In such event, any joint authority vested in the Board of supervisors and the city council shall be deemed to be vested exclusively in the Board of supervisors.
(SCC 34 § 2, 1971)
An application for a permit to solicit for charitable purposes shall be made to the committee by or on behalf of the person for whose benefit and in whose name the solicitation is to be made. Such application shall be made upon a form prescribed by the committee, and sworn to or affirmed and submitted to and filed with the county tax and license collector at least thirty days prior to the time on which the permit applied for is to become effective. The committee may, for good cause shown, allow the filing of an application less than thirty days prior to the effective date of such permit. The committee may grant to persons actively engaged in charitable solicitations activities upon the adoption and effective date of this chapter the authority to continue such activities pending the committee's action on such person's application.
The application herein required shall contain the information prescribed in the following subsections, or in lieu thereof, a statement, satisfactory to the committee, of the reasons why such information, or any item thereof, is not furnished;
a. 
The applicant's name and address, including national, state, regional and local headquarters, if any;
b. 
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers;
c. 
If the applicant is a subsidiary organization, the name and address, including national, state, regional and local headquarters, of the parent organization;
d. 
If the individual making the application is doing so for or on behalf of the applicant, the nature of the relationship between such individual and the applicant, and verification in form acceptable to the committee that such individual has been duly authorized by the applicant to make the application on applicant's behalf;
e. 
The purpose or purposes for which such solicitation is to be made, an outline of the method or methods to be used in conducting the solicitations, the total amount of funds proposed to be raised thereby, and the use and disposition to be made of the receipts therefrom;
f. 
The names and addresses of the person or persons by whom the receipts of such solicitation shall be disbursed;
g. 
The names and addresses of the person or persons who will be in direct charge of conducting the solicitation, and the names and addresses of all promoters connected or to be connected with the proposed solicitation, together with true copies of contracts between the applicant and such persons covering their said services;
h. 
The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;
i. 
A statement that the actual cost of the solicitation will not exceed twenty percent of the total amount to be raised in the case of direct gifts, or seventy-five percent in the case of sales of salvageable and other property, and special events and benefit affairs, or, if the cost of solicitation is expected to exceed these percentages, a statement of what these maximum costs are expected to be, together with a statement of any special facts tending to show that there are peculiar reasons which in the particular case make such higher costs reasonable;
j. 
Copies of any certification issued by federal, state and county taxing authorities indicating a tax exempt status;
k. 
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 the county or by any department or officer thereof;
l. 
Such other information as may be reasonably required by the committee in order to determine the kind and character of the proposed solicitation and that such solicitation is not contrary to the public welfare.
If, while any application is pending, or during the term of any permit granted thereof, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall so advise the committee by notifying the county tax and license collector in writing thereof within seventy-two hours after such change, exclusive of Saturdays, Sundays and holidays.
(SCC 34 § 2, 1971)
a. 
Any parent organization may apply for a charitable solicitations permit for the conduct of charitable solicitations by itself and by any or all of its subsidiary organizations. Permits for solicitations by more than one subsidiary organization may be requested in the same application.
b. 
The application shall be subject to the same requirements and shall contain the same information regarding the proposed solicitation as if the parent organization were applying for a permit for itself only, and, in addition, shall contain the names and addresses of all subsidiary organizations to which the permit will be applicable and a statement by the parent organization that it has jurisdiction and control of each subsidiary organization with respect to the conduct of the proposed solicitation and the reports required in conjunction therewith.
c. 
One permit only shall be issued to the parent organization, and such permit shall be sufficient for the use of each subsidiary organization named in the application.
d. 
If a parent organization is qualified for a continuing permit, such a permit may be issued under this section even though the subsidiary organization would not be so qualified if it were applying on its own behalf.
e. 
Permits issued under this section shall be subject to the report requirements of this chapter, and it shall be the duty of the parent organization as a permit holder to file, or cause to be filed, a final or annual report for each of its subsidiary organizations conducting charitable solicitations pursuant to the permit.
(SCC 34 § 2, 1971)
The committee shall examine all applications filed pursuant to this chapter, and shall make, or cause to be made, such further investigation of the application and the applicant as the committee shall deem necessary in order to perform its duties under this chapter. Upon request by the committee, the applicant shall make available for inspection by the committee, or any person authorized by them as their representative for such purposes, all of the applicant's books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired, as well as any other information requested by the committee relating to the charitable operations of the applicant as its agents.
(SCC 34 § 2, 1971)
The committee shall issue the permit, with or without conditions, whenever it appears to each of the members of the committee that the following facts exist:
a. 
That all of the statements made in the application are true;
b. 
That the applicant, and every director, officer, manager, promoter, consultant, and other agent of the applicant, has a good reputation for integrity and responsibility;
c. 
That the applicant, and the persons who are to control, supervise and promote the solicitation on behalf of the applicant, have not knowingly violated the provisions of this chapter in the conduct of any prior solicitation;
d. 
That the applicant has not engaged in any fraudulent transactions or enterprises which the committee deems relevant to the application;
e. 
That the solicitation will not be a fraud on the public;
f. 
That the solicitation is prompted solely by the desire to finance the charitable cause described in the application, and will not be conducted for private profit;
g. 
That the cost of raising funds will be reasonable;
h. 
That, if a promoter or promoters will conduct all or any part of the solicitation, the provisions of Section 5.64.180 hereof have been complied with;
i. 
That the proposed method or methods of soliciting will not be contrary to the provisions of this chapter; and
j. 
That the applicant is maintaining an adequate system of record keeping and accounting, and has agreed to make such available to the committee or its designees for inspection.
(SCC 34 § 2, 1971)
Permits issued pursuant to 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 committee, the city or the county.
A permit granted upon the authority hereof shall expire at the termination of the solicitation period specified on the permit. The committee may renew any such permit upon its expiration for additional periods, if it is satisfied that the requirements of this chapter are being met and that no violation of the provisions of this chapter has been committed; and alternatively, it may require a new application, and its action upon such application shall be governed by the standards applicable to an original application.
The period for which a permit is granted shall not exceed ninety days from its effective date; provided, however, that the committee may, upon the request of an applicant, issue an annual permit whenever such applicant shall have maintained an officer or a fixed place of business or meeting place in the county continuously for not less than one year immediately preceding the date of filing the application with the committee, and shall have regularly conducted charitable solicitations within such period within the county. Provided further, that the committee may, upon the request of an applicant, issue a continuing permit whenever such applicant shall have maintained an office, or a fixed place of business or meeting place in the county continuously for not less than three years immediately preceding the date of filing the application with the committee, and shall have regularly conducted charitable solicitations during such period within the county.
(SCC 34 § 2, 1971)
All persons to whom permits have been issued pursuant to this chapter shall furnish to each of their individual solicitors, as credentials, a copy of the permit, upon which the permit holder shall cause to be indicated the name and signature of the solicitor to whom such credentials are issued. Copies of the permit for this purpose shall, upon request, be provided to the permit holder at a fee to cover the costs thereof, as shall be determined by the committee. Reproductions of the permit for this purpose made by the applicant must be clearly legible, shall be not less than wallet size in dimension (two and one-fourth inches by three and onehalf inches), and may be reproduced onto and incorporated in other material made available to solicitors for use in their solicitation activities.
No person shall solicit in person under any permit granted pursuant to this chapter without the credential required by this section in his possession. Said credential must be shown to all persons solicited, and upon request, to any police or sheriff's officer of the city or county of Sacramento.
The foregoing provisions of this section shall not apply to the extent that all of the activities of the solicitor are conducted at one fixed location, not involving going from place to place, and a copy of the permit is conspicuously posted at such fixed location to facilitate its inspection by persons solicited and by law enforcement officers of the city and county of Sacramento.
No person shall use a credential if the permit to which such credential relates has expired or has been suspended or revoked.
(SCC 34 § 2, 1971)
Whenever it is shown, or whenever the committee has reason to believe, that any person to whom a permit has been issued, or its agents or employees, or those acting in concert with such persons, has violated any of the provisions of this chapter, or that any promoter, solicitor, or other agent of a permit holder has failed to comply with any provisions hereof or has misrepresented the purpose of the solicitation, or does any act contrary to any statement in his application or, in the case of an annual or a continuing permit holder, the permit holder has ceased to maintain a bona fide office or place of business or meeting place in the county or has failed to submit an annual report as required by this chapter, the committee shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension and of a hearing to be held by the committee within three days of such suspension, excluding Saturdays, Sundays and holidays, to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the committee has acted in suspending the permit.
(SCC 34 § 2, 1971)
Any applicant who is denied a permit hereunder or whose application therefor has been neither granted or denied within thirty days from the date of filing the application, or whose permit has been revoked, may appeal in writing by filing his appeal with the county tax and license collector within ten days after receiving notification that his application for a permit has been denied, or that his permit has been revoked, or, if not so notified, within forty days after filing of his application.
For the purpose of considering and determining such appeal, a charitable solicitations appeals board is created which shall consist of three members as follows: A member of the city council appointed by the mayor, a member of the Board of supervisors appointed by its chairman, and a public member resident in this county appointed by, and to serve at the pleasure of the city council and the county board of supervisors. In addition, each appointing authority shall appoint an alternate for each regular member to serve during the absence of such regular member. The board shall act by majority rule.
The board shall have the power to summon witnesses, to take testimony and other evidence to conduct hearings and to do and perform all other acts which may be necessary or proper within the scope of its duties and powers.
The board, after hearing at a time and place to be set by the Board, within thirty days from the date of filing such appeal, shall, conditionally or otherwise, either grant, deny, reinstate or refuse to reinstate such permit.
(SCC 34 § 2, 1971)
Any person receiving money in the amount of five dollars or more from any contributor under a solicitation made pursuant to a permit granted under the provisions of this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit this solicitation is conducted, the date, and the amount received; except, however, the provisions of this section shall not apply to:
a. 
Contributions collected by means of a closed receptacle used with the prior written consent of the committee;
b. 
Contributions in connection with special events, where the contributor is given a printed, press numbered coupon, ticket or similar printed evidence of the donation, on which appears the name of the permit holder, the amount of the contribution evidenced thereby, and the date and a description of the special event to which it relates;
c. 
Contributions involving the same of merchandise, where there is affixed on the merchandise, or on the container thereof, the name of the permit holder and the price paid for the merchandise;
d. 
Contributions in the form of personal checks mailed to the permit holder.
(SCC 34 § 2, 1971)
No person shall solicit any contributions for any charitable purpose without maintaining an adequate system of accounting, whereby all contributions to it, costs and expenses, and all disbursements, are entered upon the books or records of such person's treasurer or other financial officer.
(SCC 34 § 2, 1971)
It shall be the duty of all persons issued permits under the provisions of this chapter to furnish to the committee within thirty days after the expiration of such permit, on a form provided by or acceptable to the committee, a detailed report and financial statement showing the total amount raised by the solicitation, an itemization of amounts expended in collecting such funds, including a detailed report of the wages, fees, commissions, emoluments and expenses paid to any person in connection with such solicitation, indicating the name, address, amount paid to and services rendered by each such person; and the specific disposition that will be or has been made, itemized by amount, of the balance of the funds collected by the solicitation. In the case of a continuing permit holder, the report shall be furnished to the committee within thirty days following the close of an actual reporting period to be selected and disclosed on the initial application by the permit holder and shall concern all charitable solicitations for the preceding year. This report shall be available for public inspection at the office of the county tax and license collector at any reasonable time; provided, however, that the committee may extend the time for the filing of the report required by this section for an additional period of thirty days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available for such purpose, all books, records, and papers whereby the accuracy of the report required by this chapter may be verified.
If the total expenses incurred for all activities related to the solicitation or solicitations, including but not limited to costs for products, facilities, services, compensation, fees and administration, do not exceed ten percent of the gross receipts of the solicitation or solicitations, then, in that event, such permit holder may, subject to the approval of the committee, make and file a declaration under penalty of perjury to that effect in lieu of furnishing the detailed report provided for hereunder.
However, in such case the committee shall reserve the right to verify the accuracy of such declaration in accordance with the provisions of Section 5.64.090(j).
(SCC 34 § 2, 1971)
No promoter, or employee or agent of any promoter, shall conduct, manage or carry on any solicitation for contributions for charitable purposes, or represented to be for charitable purposes, unless such promoter shall first have obtained a promoter's permit from the committee. Applications for promoters' permits shall be sworn to or affirmed by the promoter and filed at the same time and in the same manner as the application for the charitable solicitations permit under Section 5.64.060; except that in the case of an application for an annual or a continuing permit, applications for promoters' permits shall be filed at least thirty days prior to the proposed effective date of the promoter's permit. The promoter's permit application shall contain the following information and documentation: The applicant's personal and business name or names; applicant's address or addresses, including principal office and local headquarters, if any; the name of the person for whom the solicitation will be conducted; a true copy of the contract between the promoter and such person, or, if no written contract has been entered into, the terms and conditions, including basis for compensation, under which the promoter will conduct the solicitation for such person; the period during which the permit is to be effective; and such other information as may be reasonably requested by the committee to determine that the solicitation activities by the promoter will not be contrary to the public welfare.
At such time as an application for a promoter's permit is filed, the promoter shall file with the county tax and license collector the bond of a corporate surety in the penal sum of $5,000 conditioned as follows:
a. 
Such bond shall be executed by the promoter and a corporate surety duly authorized to transact business in the state and acceptable to the committee. The total aggregate liability on such bond shall be limited to the sum of $5,000. The bond shall be conditioned upon the strict compliance by the principal with each and all of the provisions of this chapter, and to the payment of any pecuniary loss sustained by any donor or by any other person or organization on whose behalf any funds or personal property were solicited or received by the principal. The bond shall remain in full force and effect for the entire period of the promoter's permit and any extension thereof and final disposition of all funds solicited;
b. 
The surety may cancel such bond and be relieved of further liability thereunder by filing a thirty days' written notice of such cancellation in the office of the county tax and license collector. Such cancellation shall not discharge any liability incurred or accrued thereunder prior to the termination of such thirty day period. Failure of the promoter to file a new bond on or before the effective date of cancellation of any bond so cancelled shall automatically suspend the permit until a new bond has been filed;
c. 
Any donor or person or organization who sustains any loss covered by such bond may, in addition to any other available remedy, bring an action in the name of such person or organization upon such bond for the recovery of any damage sustained. Upon any such action being commenced, such bond shall not be void upon a first recovery thereon, but may be sued upon from time to time until the whole of such penalty shall have been exhausted. The time within which any action may be brought against a surety upon any bond filed hereunder shall, by express provision of the bond to that effect, be limited to a period of two years from and after the discovery by the person aggrieved of the act or default complained of.
Within thirty days after the promoter has faithfully complied with all of the provisions of this section, and if the committee finds that all the statements made in the application are true, and unless each of the members of the committee find that the issuance of a promoter's permit to promoter would be contrary to the public interest, the committee shall issue a promoter's permit to the applicant if the committee has issued a corresponding charitable solicitations permit hereunder to the person engaging or employing such promoter. The promoter's permit shall be effective only during the period of time that the corresponding charitable solicitations permit is effective, or such shorter period of time as shall be designated by the committee and endorsed upon the promoter's permit; except that in the case of a promoter's permit issued after the issuance of an annual or a continuing charitable solicitations permit, the promoter's permit shall be effective only during the period of time not to exceed ninety days as shall be designated by the committee and endorsed upon the promoter's permit. No promoter shall conduct, manage or carry on any solicitation for charitable purposes for any person except during the time such person holds a valid and effective charitable solicitations permit issued pursuant to this chapter, and subject to the conditions of such permit. The promoter's permit shall not remain in effect for any period of time during which the corresponding charitable solicitations permit is invalid or ineffective.
In addition to the requirements imposed by this chapter, every promoter and every agent or representative of a promoter who engaged in soliciting contributions under the provisions of this chapter shall pay to the county any applicable license fees prescribed in other provision of this code.
(SCC 34 § 2, 1971)
No person shall for pecuniary compensation or consideration conduct make any solicitations by telephone for or on behalf of the applicant; except, however, that the provisions of this section shall not apply to:
a. 
Any communications by telephone between persons well known to each other through personal contact;
b. 
Solicitations by telephone for salvageable personal property as that term is defined in Section 148 of the California Welfare and Institutions Code.
(SCC 34 § 2, 1971)
No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his or her name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception or fraud in connection with any solicitation of any contribution for any purpose or in any application or report filed under the provisions of this chapter.
(SCC 34 § 2, 1971)