For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Charitable"
shall mean and include patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.
"Contribution"
shall mean and include alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property.
"Person"
shall mean any individual, firm, copartnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, or other similar representative thereof.
"Police Chief"
shall mean the Police Chief of the City and shall also include any person designated by the Police Chief to perform the permit functions described in this article.
"Promoter"
shall mean any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation.
"Religious" and "religion"
shall not mean and include charitable, as defined in subsection (a) of this section, but shall be given the interpretation established by the Supreme Court of the State or of the United States.
"Solicit" and "solicitation"
shall mean the request, directly or indirectly, of money, credit, property, financial assistance, or other things of value on the plea or representation that such money, credit, property, financial assistance, or other things of value will be used for a religious purpose, as those purposes are defined in this section, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the City streets or sidewalks, in the public parks, or in any public place. "Solicit" or "solicitation" shall not be deemed to include car wash projects or bake sales of youth groups of religious organizations, and no permit shall be required for such activities. "Solicit" and "solicitation" shall also mean and include the following methods of securing such money, credit, property, financial assistance, or other things of value, when conducted in the manner set forth in this subsection:
(1) 
By any oral or written request;
(2) 
By the local distribution, circulation, posting, or publishing of any handbill, written advertisement, or other local publication; or
(3) 
By the sale of any goods or services.
"Solicitation,"
as defined in this subsection, shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section.
(§ 1.01, Ord. 1397, as amended by § 1, Ord. 214-NS, eff. December 6, 1978, and § 1, Ord. 271-NS, eff. October 6, 1980)
(a) 
Required. No person shall, directly or indirectly, nor shall any officer or member of any association authorize any person to, solicit contributions for any charitable purpose within the City without a permit from the Police Chief authorizing such solicitation. No agent or solicitor shall solicit contributions for any charitable purpose for any person in the City unless such person has been granted or issued a permit or identification card pursuant to the provisions of this article.
(b) 
Exemption. The provisions of this section shall not apply to any established person organized and operating exclusively for religious or charitable purposes and not operating for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person; provided, however, proof of such exemption may be required by the Police Chief.
(§§ 2.01 and 2.08, Ord. 1397)
Applications for permits to solicit, as required by Section 3-1.1902 of this article, shall be made to the Police Chief upon forms provided by the City. Such applications shall contain or be accompanied by the following:
(a) 
A full identification, including the name, address, and headquarters of the person applying for the permit and of all persons to be directly or indirectly interested in the permit if granted;
(b) 
If the applicant is not an individual, the names and addresses of the applicant's principal officers, directors, and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the records of the applicant;
(c) 
A detailed statement of the purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;
(d) 
A specific statement, supported by reasons and facts, showing the need for the contributions to be solicited;
(e) 
The names and addresses of the persons by whom the receipts of such solicitation shall be disbursed;
(f) 
The name and address of the person 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;
(g) 
An outline of the methods to be used in conducting the solicitation;
(h) 
The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation;
(i) 
The estimated cost of the solicitation;
(j) 
The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to any person in connection with such solicitation and the names and addresses of all such persons;
(k) 
A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, such statement giving the amount of money so raised, together with the costs of raising it and the final distribution thereof;
(l) 
A full statement of the character and extent of the charitable work being done by the applicant within the City;
(m) 
Repealed;
(n) 
A statement to the effect that if a permit is granted, such permit will not be used or represented in any way as an endorsement by the City or by any department or officer thereof;
(o) 
A true statement of any agreement made with any agent, solicitor, promoter, manager, or conductor of such solicitation, together with a true copy of each such agreement which is in writing; and
(p) 
Such other information as may be reasonably required by the Police Chief in order for him or her to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of, and not inimical to, the public welfare.
If, while any application is pending or during the term of any permit granted thereon, there is any change in any fact, policy, or method which would alter the information given in the application, the applicant shall notify the Police Chief in writing thereof within 24 hours after such change.
(§ 2.02, Ord. 1397, as amended by § 1, Ord. 624-NS, eff. Dec. 15, 1999)
All applicants for charitable solicitations permits shall furnish proper credentials to the Police Chief which in effect fully describe and vouch for the good character of their agents and solicitors for such solicitation. Such credentials shall include the following:
(a) 
The date;
(b) 
A statement describing the charitable activity of the permittee;
(c) 
A description of the purpose of the solicitation;
(d) 
The signature of the permittee or of the chief executive officer of the permittee;
(e) 
The name, address, age, sex, character, and signature of all authorized solicitors; and
(f) 
The specific period of time during which the solicitor is authorized to solicit on behalf of the permittee.
A copy of such credentials shall be filed with the Police Chief at the time the application for a permit is filed or before an identification card is issued and shall be approved by the Police Chief as conforming to the requirements of this section before such permit is issued. No person shall solicit under any permit granted pursuant to the provisions of this article without the credentials required by this section and without having in his or her possession an identification card in the form prescribed by the Police Chief.
(§ 2.08, Ord. 1397)
Such application shall be sworn to and filed with the Police Chief at least 15 days prior to the time at which the permit applied for shall become effective; provided, however, the Police Chief may, for good cause shown, allow the filing of an application less than 15 days prior to the effective date of the permit applied for.
(§ 2.02, Ord. 1397)
The Police Chief shall examine all applications filed pursuant to the provisions of Sections 3-1.1903 and 3-1.1905 of this article and shall make, or cause to be made, such further investigation of the application and the applicant as the Police Chief shall deem necessary in order for him or her to perform the duties provided in this article. Upon a request by the Police Chief, the applicant shall make available for inspection by the Police Chief, or to any person designated in writing by the Police Chief as his or her representative for such purpose, all the books, records, and papers of the applicant at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired.
(§ 2.03, Ord. 1397)
The Police Chief shall keep on file in his or her office for public inspection such application. A written statement of his or her findings shall be endorsed thereon and indicated by the words "granted" or "denied." If the application is denied, he or she shall give notice of such action to the applicant and the reason for the denial.
(§ 2.04, Ord. 1397)
The Police Chief shall issue the permit provided for in Sections 3-1.1903 and 3-1.1905 of this article whenever he or she shall find the following facts to exist:
(a) 
That all the statements made in the application are, or appear to be, true;
(b) 
That the applicant appears to have a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer, agent, or authorized solicitor of the applicant appears to have a good character and reputation for honesty and integrity;
(c) 
That the control and supervision of the solicitation will be under responsible and reliable persons;
(d) 
That the applicant has not engaged in any fraudulent transaction or enterprise;
(e) 
That the solicitation will not be a fraud on the public;
(f) 
That the solicitation is prompted solely by a desire to finance the charitable cause described in the application and will not be conducted primarily for private profit or personal use; and
(g) 
Repealed.
(§ 2.04, Ord. 1397, as amended by § 1, Ord. 624-NS, eff. Dec. 15, 1999)
Charitable solicitations permits issued pursuant to the provisions of this article shall bear the following:
(a) 
The name and address of the person by whom and for whom the solicitation is to be made;
(b) 
The number of the permit;
(c) 
The date issued;
(d) 
The dates within which the permittee may solicit;
(e) 
A statement that the permit does not constitute an endorsement by the City, or by any of its departments, officers, or employees, of the purpose or of the person conducting the solicitation; and
(f) 
The signature of the Police Chief.
(§ 2.06, Ord. 1397)
No such permit may grant the right to solicit longer than 30 days from its date in any calendar year; provided, however, the Police Chief may extend any permit for not more than 30 additional days upon a showing that unnecessary hardship would be created by a failure to extend the original 30 day period for such additional days.
(§ 2.06, Ord. 1397)
No person, directly or indirectly, shall solicit or authorize any other person to solicit contributions for any religious purpose within the City without a permit therefor as provided in this article.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
The provisions of this article shall not apply to any person where religious solicitations are conducted among the members thereof by other members, whether at regular assemblies or services or otherwise.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Applications for religious solicitation permits shall be made to the Police Chief upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the Police Chief not less than five regular business days (Monday through Friday) prior to the time at which the permit applied for shall become effective; provided, however, the Police Chief, for a good cause shown, may allow such filing less than five days prior to the effective date of the permit applied for.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1(b), Ord. 271-NS, eff. October 6, 1980)
The application shall contain the following information:
(a) 
The name, address, and principal office of the person applying for the permit;
(b) 
If the applicant is not an individual, the names and addresses of the applicant's principal officers and executives;
(c) 
A statement that the purpose for which the solicitation is made is exclusively for and in connection with the exercise of religion;
(d) 
(Repealed by § 1 (c), Ord. 271-NS, eff. October 6, 1980)
(e) 
The name and address of the person or persons who will be in charge of conducting the solicitation and the names of all fund raisers connected with or to be connected with the proposed solicitation;
(f) 
A short outline of the manner in which the solicitation will be made;
(g) 
The requested duration of the permit and the time when solicitations will be made, giving the preferred dates and hours of the day for the commencement and termination of the solicitation; and
(h) 
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 any department or officer thereof.
If, while the application is pending or during the term of any permit granted, there is a change in fact, policy, or method that would alter the information to be given in the application, the applicant shall notify the Police Chief in writing thereof within 24 hours after such change.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (c), (d), and (e), Ord. 271-NS, eff. October 6, 1980)
The Police Chief shall investigate all applications in order to insure compliance with this article. In order to determine the religious status of the applicant, and that the persons who are to solicit are authorized by the applicant to do so, the applicant shall make available, upon the request of the Police Chief, copies of its Articles of Incorporation, Bylaws, Constitution, or Charter, Internal Revenue Service or Franchise Tax Board determination letter, or similar records if the applicant is unable to furnish the above-described records. Failure to make such information available within three days after a request by the Police Chief shall automatically result in the denial or revocation of the permit.
(§ 3.02, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (f), Ord. 271-NS, eff. October 6, 1980)
Religious solicitations pursuant to permits issued pursuant to Section 3-1.1921 of this article:
(a) 
Shall take place only between the hours of 8:00 a.m. and 8:00 p.m.;
(b) 
Shall not be conducted by any person under the age of 14 years; and
(c) 
Shall not be made at any house, apartment, or other dwelling to which is affixed a sign indicating "No Solicitors" or a similar indication that no solicitation contact is desired by the occupant thereof.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (g) and (h), Ord. 271-NS, eff. October 6, 1980)
The Police Chief shall issue the permit unless any of the following has been demonstrated:
(a) 
That the applicant negligently or intentionally made a misstatement of fact in the application of a matter reasonably within his or her knowledge or which was reasonably possible for him or her to obtain knowledge about;
(b) 
That the proposed solicitation will violate any of the requirements of Section 3-1.1920 of this article; or
(c) 
That the applicant has not provided the information required by this article.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (i), Ord. 271-NS, eff. October 6, 1980)
The Police Chief shall either grant or deny the requested permit within five regular business days (Monday through Friday) after the date the application is made. In the event the Police Chief fails to act within the time prescribed, the permit shall be deemed granted.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (j), Ord. 271-NS, eff. October 6, 1980)
On the expiration of the permit, and if requested in writing to do so, the Police Chief shall renew the permit within five regular business days (Monday through Friday) after the making of such application if the applicant shows by documentation, or a statement made under penalty of perjury, that the religious status of the applicant remains in effect, that the solicitation is to be for religious purposes only, and that the information furnished by the applicant in the original application remains substantially unchanged and if no violations were committed by the applicant or its solicitors under the original permit or any renewal thereof. The renewal application shall include the information set forth in this section.
(§ 3.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (k), Ord. 271-NS, eff. October 6, 1980)
Permits issued pursuant to Section 3-1.1921 of this article shall bear the name and address of the person to whom 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 City or any of its departments, officers, or employees of the purpose of the solicitation or of the person conducting the solicitation.
(§ 7.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Permits issued pursuant to Section 3-1.1921 of this article shall be valid for a period of 60 days, unless renewed, revoked, or suspended pursuant to the provisions of this article.
(§ 7.02, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, as amended by § 1 (1), Ord. 271-NS, eff. October 6, 1980)
All persons to whom permits have been issued pursuant to Section 3-1.1921 of this article shall furnish proper credentials to their agents and solicitors for such solicitations. The credentials shall include the name of the permit holder, the date, a statement of the religious purpose of the solicitation, the signature of the permit holder or its executive officer, the name and the signature of the solicitor to whom such credentials are issued, and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under Section 3-1.1921 of this article without the credentials required by this section.
(§ 4.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
In the event the Police Chief denies a permit to any applicant, the Police Chief shall give the applicant a written notice, stating with specificity the reasons for such denial.
(§ 2.09, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Whenever it shall be shown that any person to whom a permit has been issued pursuant to Section 3-1.1921 of this article has violated any of the provisions of this article, the Police Chief shall suspend the permit after giving written notice to the permit holder of not less than two business days in person or by certified, return receipt, special delivery mail of the proposed revocation, mailed to the address listed in the application for the permit, stating with specificity the reason for such proposed revocation.
(§ 2.10, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Any applicant or permit holder aggrieved by any action of the Police Chief to deny, revoke, or refuse to renew a permit issued pursuant to Section 3-1.1921 of this article may appeal to the Council by filing with the City Clerk a statement addressed to the Council setting forth the facts and circumstances regarding the action of the Police Chief. Such appeal shall be filed within 10 days after the disputed action of the Police Chief, and the Council shall hear the appeal at its next regular meeting, not more than 15 days after the filing thereof. At the time of the appeal hearing the Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon with-in three business days following the hearing.
In the event the Council affirms the decision of the Police Chief, the appellant shall be given written notice thereof within two days thereafter stating with specificity the reasons for the decision. The action of the Council shall be final and appealable to the Superior Court of the State pursuant to Section 1094.5 of the Code of Civil Procedure of the State as the same is now constituted or as hereafter amended.
(§ 2.11, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Any person receiving money or anything of value in excess of $5 from any contributor by means of a solicitation made pursuant to a permit shall give each contributor who requests it a written receipt signed by the solicitor showing plainly the name and the permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, the provisions of this section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contributions.
(§ 5.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978, and § 1 (m), Ord. 271-NS, eff. October 6, 1980)
No person to whom a permit has been issued pursuant to Section 3-1.1921 of this article, nor any agent or solicitor of such person:
(a) 
Shall affix any object to the person of any contributor or member of the public without first receiving express permission therefor; or
(b) 
Shall persistently and importunately request any donation from any member of the public after such member of the public expresses his or her desire not to make a donation; or
(c) 
Shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk, or other public place or any place open to the public generally.
(§ 6.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Nothing in this article shall be construed as granting to the Police Chief or any other person the authority to grant, deny, revoke, renew, or suspend any permit by reason of the disapproval of, or agreement with, the philosophy, opinion, or belief of the applicant, permit holder, or person soliciting therefor, or for any other reason not specifically provided for in this article.
(§ 8.01, Ord. 1397, as amended by § 2, Ord. 214-NS, eff. December 6, 1978)
Any person, as defined in Section 3-1.1901 of this article, or any agent, servant, employee, or officer thereof, violating any of the provisions of this article, or who aids or abets in the procuring of a violation of any provision, part, or portion of this article, or who files or causes to be filed an application for a permit containing false or fraudulent statements of fact shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense, or undergo imprisonment for not more than six months, or both. Each violation shall be deemed a separate offense and shall be punishable as such.
(§ 2, Ord. 214-NS, eff. December 6, 1978)