The city council finds and declares that:
A. 
There exists in the area of solicitations and sales solicitations for charitable and religious purposes a condition which has worked fraud, deceit and imposition upon the people of the city which existing legal remedies are inadequate to correct.
B. 
Many solicitations or sales solicitations for charitable and religious purposes have involved situations where funds were solicited from the citizens of this city for such purposes, but an insignificant amount, if any, of the money solicited is actually received by any charity or religion.
Provisions of this chapter relating to solicitations and sales solicitations for charitable and religious purposes are, therefore, necessary for the public welfare and to safeguard the public against fraud, deceit and imposition. The purpose of this chapter is also to foster and encourage fair solicitation and sales solicitation for charitable and religious purposes wherein the person from whom the money is being solicited knows what portion of the money will actually be utilized for charitable or religious purposes.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
No organization, fund, or religion shall solicit contributions or make sales solicitations for charitable or religious purposes within the city without a license authorizing such solicitation issued by the finance department of the city. Said license shall be valid for the period during which solicitation shall occur, as stated and sworn on license application form, but in no event shall such period extend beyond one year. Said license shall be issued to applicants within a reasonable time from the date of application unless there exist grounds for denial of application as set forth in Section 5.90.080.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
An application for license to solicit for charitable and/or religious purposes shall be made to the business license division of the department of finance. The application shall contain the following information:
A. 
The name of the soliciting organization;
B. 
The address of the soliciting organization headquarters, or if there is no headquarters, of the principal or chief officer of the soliciting organization;
C. 
The name and address of the combined campaign, each organization, religion or fund on behalf of which all or any part of the money collected will be utilized for charitable or religious purposes;
D. 
The nature of the solicitation (cash donation, donation of tangible goods, sales solicitation), and if sales solicitation, description of item to be sold;
E. 
The amount stated as a percentage of the total purchase price or gift which will be used for charitable purposes; if the solicitation is not a sales solicitation, an audited financial statement of such fundraising expenses may be provided instead;
F. 
Proof of the soliciting organization or fund's status as a nonprofit corporation organized under Division 2 of Title I of the California Corporations Code (Section 5002, et seq.) or a nonprofit association as defined in Section 21000 of the California Corporations Code; if the money or funds are being solicited for organizations or funds other than the soliciting organization, then proof of the nonprofit status of the organizations or funds for which the money is being solicited;
G. 
The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both state and federal law;
H. 
The name and address of the paid individuals doing actual soliciting in this city;
I. 
The dates on or during which solicitation shall occur (The period of solicitation shall not exceed one year.);
J. 
The signature and date, under penalty of perjury, of an individual who is a principal, officer, or staff member of the soliciting organization or religion swearing to the truth of the assertions made in the application form.
The truth of the assertions made in the application shall be subject to investigation by the police department.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
No individual solicitor shall solicit contributions or make sales solicitations for charitable or religious purposes within the city without an identification card as provided in Section 5.90.050. Said card will be supplied to individual solicitors by, and at the expense of, the soliciting individual, organization, fund, or religion on behalf of which the individual solicits.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
Any person soliciting contributions and/or making sales solicitations for charitable or religious purposes shall at all times when soliciting display an identification card which shall clearly state on the face thereof the following:
A. 
"Solicitation or Sale for Charitable or Religious Purposes Card";
B. 
The name of the soliciting organization;
C. 
The name of the combined campaign, organization, fund and/or religion on behalf of which all or any part of money or goods collected will be used for charitable purposes;
D. 
Whether the person soliciting is paid or volunteer;
E. 
The name and signature of the soliciting individual;
F. 
The percentage of the total gift or purchase price that will be used for charitable purposes;
G. 
The percentage of the total gift or purchase price which may be deducted as a charitable contribution under federal and state law.
A volunteer who receives no compensation of any type from, or in connection with, a solicitation by a charitable organization which has qualified for a tax exemption, and who is eighteen years of age or younger, is not required to make any disclosures pursuant to this chapter.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
Solicitations or sales solicitations for religious purposes are exempt from the requirements of this chapter if the solicitations are conducted among the members of the religion for which the solicitations are being made, and if the solicitations are made by other members thereof voluntarily and without remuneration for making such solicitations. Solicitations in the form of collections or contributions at the regular assemblies or services of any religion are also exempt.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
A license for solicitation or sales solicitation for charitable or religious purposes, exempt from tax, shall be issued to organizations, funds, and/or religions which show proof of compliance with the requirements of Section 5.04.100. If the license tax is exempted, the requirement for filing of a bond pursuant to Section 5.08.110 is waived.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)
Grounds for denial and/or revocation of a charitable or religious solicitation license shall include:
A. 
The failure to show proof of nonprofit status of the organization, fund or religion soliciting the money or goods; and/or the failure to show proof of nonprofit status of the organization, fund and/or religion for which the money or goods are being collected if the contributions are being solicited for organizations, etc. other than the soliciting organization;
B. 
The misrepresentation of a material fact in the application for a license by an applicant;
C. 
The knowing misrepresentation to the public in any way of the purpose of the solicitation by any principal, officer, and/or solicitor of the soliciting organization;
D. 
Violation by the soliciting organization, fund, and/or religion of any city ordinance, state or federal law.
Such denials of applications or revocation of licenses may be appealed according to the procedures outlined in Sections 5.12.040 through 5.12.090 of this code.
(Ord. 3585 § 1, 1982; Ord. 3889 § 5, 1985)