As used in this Chapter, the following words and phrases shall mean:
Bona-Fide Membership.
"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 Alameda County on a continuing basis, such as, but not limited to, parent-teacher associations and home-owners and neighborhood improvement organizations.
Charitable Purposes.
"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, or 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; and the use, actual or represented, of money or property for the benefit of youth service organizations.
Organization.
"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.
Person.
"Person" means any individual or organization, and includes any trustee, receiver, assignee, agent or other representative thereof.
Solicit and Solicitations.
"Solicit" and "solicitations" mean and include 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 hereunder defined), except that it does not include the act of recruiting volunteers to solicit for charitable purposes. "Solicit" and "solicitation" also mean and include 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 make a contribution for any charitable purpose 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 "bona-fide membership" as herein defined or other thing in connection with which any appeal is made for any charitable purposes, or where the name of any organization for charitable purposes 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 to any charitable purpose.
A "solicitation" as defined herein shall be deemed completed when communicated to any person then located within the limits of the City of San Leandro, whether or not the person making the solicitation is located within the limits of the City, and whether or not the person making the solicitation receives any contribution or makes any sale referred to herein.
(Legislative History: Ordinance No. 83-05, 2/7/83; Ordinance No. 2008-010, 9/15/08 (Sections 4-22-210, 4-22-220, 4-22-225, 4-22-230 and 4-22-260); Ordinance No. 2011-006, 4/4/11 (Section 4-22-240))
No person shall solicit contributions for any charitable purpose in the City without a permit unless such person is expressly exempted from the provisions hereof by Section 4-22-205.
The provisions of this Chapter shall not apply to any person organized and operated wholly or partly for charitable purposes and not operated for the pecuniary profit of any person if the solicitation by such person is conducted only among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitation, or if the solicitation is in the form of collections or contributions taken or made at the regular assemblies or services of any such person.
An application for a permit to solicit for charitable purposes shall be made to the City Manager by the charitable organization and by any person soliciting on behalf of the charitable organization. Such application shall be upon a form prescribed by the City Manager and shall be sworn to or affirmed; it shall be submitted to the City Manager at least 20 days prior to the time at which the permit applied for is to become effective. The City Manager may, for good cause shown, allow the submission of an application less than 20 days prior to the effective date of such permit. All applications shall be open for public inspection at reasonable times. The City Manager may grant to persons actively engaged in charitable solicitations activities upon the effective date of this Chapter the authority to continue such activities pending the City Manager's action on such person's application. The application shall contain the information prescribed in the following subsections, or in lieu thereof, a statement, satisfactory to the City Manager, of the reasons why such information 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 application is made by a person soliciting on behalf of the charitable organization, the nature of the relationship between the charitable organization and the said person shall be set forth.
(d) 
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 to be raised thereby, and the uses and disposition to be made of the receipts therefrom;
(e) 
A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by or on behalf of the charitable organization, said statement giving the amount of money so raised, together with the costs of raising it, both in amounts and as a percentage, and final distribution thereof may be required to be furnished;
(f) 
If the application is made by a person soliciting on behalf of a charitable organization, a financial statement shall be provided stating the total amount of compensation to be received by said person out of the funds received, either directly or indirectly, such total amount to be stated as a percentage of funds received or in a flat dollar amount, as the case may be;
(g) 
The name and addresses of the person or persons who will be in charge of conducting the solicitation and the names and addresses of all persons who will be engaged in soliciting in connection with the proposed solicitation;
(h) 
The time of day when such solicitation will be made, and the dates for commencement and termination of the solicitation;
(i) 
A statement to the effect that if the permit is granted it will not be used or represented in any way as an endorsement by the City or by any department or officer thereof;
(j) 
A statement that the applicant, or if the applicant is not an individual, the applicant's principal officers and managers, have not been convicted within the five years immediately preceding the date of application of any crime involving the elements of fraud, which conviction was based on the solicitation of funds from the public.
If, while any application is pending, or during the term of any permit granted hereunder, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall so advise the City Manager in writing within two working days after such change;
(k) 
A copy of the applicant's Internal Revenue Service or California Franchise Tax Board document verifying the applicant's tax-exempt status, or the applicant's document from the California Secretary of State verifying the applicant's non-profit status, shall be attached to the application;
(l) 
The names and addresses of all solicitors to be used by the organization under the requested permit.
The City Manager shall examine all applications and shall make or cause to be made, such further investigation of the application and the applicant as the City Manager shall deem necessary in order for him or her to perform his or her duties under this Chapter. Upon request by the City Manager, the applicant shall make available for inspection by the Manager all of the applicant's financial books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect or within one year after a permit has expired, said financial books, records and papers to be inspected by the City Manager solely for determining the truth of the information contained in the application or the truth of any representation made by the permit holder with regard to receipts of any solicitation conducted under this Chapter.
Within 14 days of receipt of an application for a permit, the City Manager shall issue the permit unless he or she finds that:
(a) 
The applicant has not complied with the provisions of this Chapter;
(b) 
The applicant has falsified or intentionally supplied misleading or false information on the permit application;
(c) 
The solicitation is not made for the charitable purposes described in the application;
(d) 
The time, place and manner of soliciting would unreasonably interfere with the public health, safety or welfare.
In the event the City Manager denies a permit to any applicant, the City Manager, within five business days thereof shall send by registered mail or give the applicant written notice in person of the denial, stating with specificity the reasons for such denial.
Permits issued under 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 hours and dates within which the permit holder intends to solicit, the information contained in Section 4-22-210(g) and a statement that the permit does not constitute an endorsement by the City. A permit granted upon the authority hereof shall expire at the termination of the solicitation period specified on the permit.
The period for which a permit is granted shall not exceed 90 days from its effective date. The City Manager may, however, upon the request of the applicant, issue an annual permit whenever such applicant shall have maintained an office or a fixed place of business or meeting place in the County of Alameda continuously for not less than one year immediately preceding the date of filing the application, and shall have regularly conducted charitable solicitations within such period within the County of Alameda. In addition, the City Manager 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 of Alameda continuously for not less than three years immediately preceding the date of filing the application with the City Manager, and shall have regularly conducted charitable solicitations during such period within the County of Alameda.
(a) 
All persons to whom permits have been issued under 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 each credential is 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 City Manager. Reproductions of the permit for this purpose made by the permit holder must be clearly legible, and may be reproduced onto and incorporated in other material made available to solicitors for use in their solicitation activities.
(b) 
No person shall solicit in person under any permit granted under this Chapter unless said person's name is listed on the permit, nor without the credential required by subsection (a) in his or her possession. Such credential must be shown to all persons solicited, and upon request, to any police officer of the City.
(c) 
If the solicitation is made by any means not involving personal contact with the person solicited, the solicitor shall clearly disclose the information contained in Section 4-22-210(e) at the time of the initial solicitation.
(d) 
No person shall use a credential if the permit to which such credential relates has expired or has been suspended or revoked.
Whenever it shall be shown that any person to whom a permit has been issued, or such persons, agents or employees, or those acting in concert with such persons, has violated any of the provisions of this Chapter, or that any 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 or her 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 of Alameda, the City Manager 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 City Manager within three working days of such suspension, to determine whether or not the permit should be revoked. The notice must contain a statement of the facts upon which the City Manager has acted in suspending the permit.
Any persons receiving money in the amount of Five dollars or more from any contributor under a solicitation made pursuant to a permit granted under this Article 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. The provisions of this section shall not apply to:
(a) 
Contributions collected by means of a closed receptacle;
(b) 
Contributions in connection with special events, whether the contributor is given a printed 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, the date and a description of the special event to which it relates;
(c) 
Contributions involving the sale 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; or
(d) 
Contributions in the form of personal checks.
No person shall solicit any contributions for any charitable purpose without maintaining an adequate system of accounting, whereby all contributions, costs and expenses, and all disbursements, are entered upon the books or records of such person's treasurer or other financial officer.
If so requested by the City Manager, it shall be the duty of all persons issued permits under this Article to furnish to the City Manager within 30 days after the expiration of such permit, on a form provided by or acceptable to the City Manager, a detailed report and financial statement showing the total amount raised by the solicitation, an itemization of the amounts expended in collecting such funds, including a detailed report of the wages, fees, commissions, emoluments and expenses paid to all persons 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 City Manager within 30 days following the close of an annual 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.
All reports shall be available for public inspection at the office of the City Manager at any reasonable time. The City Manager may extend the time for the filing of the report required by this section for an additional period of 30 days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder.