For the purposes of this article, the following definitions
shall apply:
means 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 his permanent place of business. "Established
place of business" does not include a residence unless such person
possesses a state retail sales tax permit 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 in subsection
G of this section 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 to a person
who possesses a valid solicitor's permit 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.
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 permit which is issued to a person who is doing business
as a solicitor in the city.
means a publication appearing at regular intervals at short
periods of time, as daily, weekly, bi-weekly, 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 refer to or comprehend magazines
or periodicals. "Newspaper" does not include a 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.
means any act performed for the benefit of another under
some arrangement or agreement whereby such act was to have been performed.
includes peddlers, hawkers, transient dealers, salespersons
or other itinerant vendors, or an interviewer as defined in subsection
E of this section, 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 any stand, table, handcart, motor vehicle or other
portable or mobile device whereby goods are displayed or dispensed.
means the selling of goods in gross to retail businesses
and not by the small quantity or parcels to consumers thereof. "Wholesale
business" includes wholesaler.
(Prior code § 21.501; Ord. 45 § 4, 1979)
An individual permitted to do business as a solicitor within
the city and who employs or engages others to function or perform
as solicitors shall furnish the issuing officer with the name and
address, temporary and permanent, of all such persons employed or
engaged in solicitations.
(Prior code § 21.502)
A.
The
terms of a solicitor's permit or identification card shall be one
year. However, at the discretion of the issuing officer or at the
request of the applicant, the term may be for a lesser period. Thereafter
the permit or identification card may be renewed for a period of one
year anytime within thirty days prior to the expiration date of said
permit or identification card upon application therefor.
B.
The
fee for a new solicitor's permit shall be thirty dollars for a new
period of one year or less. The fee for a permit renewal shall be
twenty dollars.
C.
The
fee for a new solicitor's identification card shall be twenty dollars.
The fee for an identification card shall be issued without charge
to the applicant who has paid the fee for a solicitor's permit.
D.
The
appropriate fee shall accompany each application and is nonrefundable.
The fees stated in this section are not for revenue purposes but shall
be used to defray, in part, the cost of investigation and enforcement
of this article.
(Prior code § 21.503; Ord. 45 § 5, 1979; Ord. 51 § 8, 1980)
A.
The
applicant for a permit and/or identification card shall apply to the
issuing officer on forms prescribed by the issuing officer and may
be required to furnish the following information about him or herself
and his proposed activity:
1.
Name;
2.
Physical
description and three photographs;
3.
Fingerprints;
4.
Local
address;
5.
Permanent
address;
6.
Description
of the nature of his business;
7.
Description
of the nature of his goods or services to be offered;
8.
Name
and address of employer and a description of the relationship between
the applicant and such employer;
9.
The
length of time for which such permit is desired;
10.
A statement of all convictions for all misdemeanors and felonies;
11.
Such other information as the issuing officer shall deem necessary
and relevant to a determination of whether a permit should be issued
pursuant to this article;
B.
Upon
receipt of an application for a permit 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.
(Prior code § 21.504; Ord. 45 § 6, 1979)
A.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a permit or identification card is that set forth in the Uniform Permit Procedure, Chapter 5.08. In addition to the reasons stated, the issuing officer may deny, suspend or revoke any application if he finds that the applicant, his 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.
Is
convicted of any crime, the nature of which indicated the applicant's
unfitness to act as a solicitor; or
4.
Who
has violated any of the provisions of this article; or
5.
Who
makes any false statement of misrepresentations in his application
for such permit 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.
(Prior code § 21.205)
A.
After completing his investigation of the applicant and application, and within thirty days from receipt of such application, the issuing officer shall approve or deny the issuance of the permit and/or identification card pursuant to the provisions of the Uniform Permit Procedure, Chapter 5.08.
B.
Upon
approval by the issuing officer, the permit and/or identification
card issued to the applicant shall show the physical description of
the permittee, his name and address, both temporary and permanent,
and with the name of his principal if other than the permittee, and
the nature of the business for which the permit has been issued. The
identification card shall show the expiration date of the permit and
shall be signed in ink by the permittee, and shall contain a photograph
of the permit.
C.
The
permit shall also contain a statement that the permit does not constitute
an endorsement by the city, or any of its employees, of the purpose
of persons conducting the solicitations.
(Prior code § 21.506; Ord. 45 § 7, 1979)
This article shall 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, 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 county 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 operated swap
meet, permitted pursuant to Chapter 5.60, and who comply with the
admission records as required in Section 5.60.070 of the city code.
E.
A newspaper
as defined in Section 5.24.010(G) and its employees.
(Prior code § 21.507; Ord. 45 § 8, 1979; Ord. 190, 1991)
Applicants for a solicitor's permit or solicitor's identification
card as described in this section shall be exempt from the appropriate
fees.
A.
Veterinarians
of the Army, Navy, Marines, or Air Force as defined in Section 16102
of the Business and Professions Code of the state. Before any such
veteran is permitted under this chapter, such veteran shall submit
to the issuing officer proof of release from active duty under honorable
conditions or his honorable discharge from the United States Service,
or a certified copy thereof.
B.
Solicitors who are engaged exclusively in soliciting orders as an agent or representative of any person or persons engaged in interstate commerce which have their place or places of business outside of the state. Before any such agent or representative shall be permitted under this chapter, he shall submit to the issuing officer satisfactory identification and interstate commerce credentials from the person represented, and also comply with the requirements of Section 5.24.040.
(Prior code § 21.508; Ord. 45 § 9, 1979)
Every person permitted under this chapter, while engaged in
the business for which permitted, shall display on the front of his
person his 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, shall exhibit such identification
card.
(Prior code § 21.509; Ord. 45 § 10, 1979)
No person shall do business as a solicitor from eight p.m. until
eight a.m. local time, except by appointment.
(Prior code § 21.510)
A.
No solicitor
shall contact, or attempt to contact, any occupant of any house or
dwelling whereat the owner or occupant of 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 the normal entrance way to
such house or dwelling, a sign or placard prohibiting such soliciting.
B.
No solicitor
shall contact, or attempt to contact, any member of the public on
any private commercial property which is normally open to the general
public whereat the owner or legal occupant thereof has posted at all
entrances thereto, 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.
(Prior code § 21.511)
The city council declares that the purpose of the article is
to safeguard the public against fraud, deceit and imposition, and
to foster and encourage fair solicitations for charitable purposes,
wherein the person being solicited will know that portion of the money
will actually be utilized for charitable purposes.
(Prior code § 21.513; Ord. 45, l979)
For the purposes of this chapter, the following definitions
shall apply:
means and includes any nonprofit community organization,
fraternal, benevolent, educational, philanthropic, or service organization,
governmental employee organization, any person who solicits or obtains
contributions solicited from the public for charitable purposes, and
any person who holds any assets for charitable purposes.
means and includes a gift made with the hope or expectation
of monetary compensation.
means the sale of, offer to sell, or attempt to sell any
advertisement, advertising space, book, card, chance, coupon device,
magazine subscription, membership, merchandise, ticket of admission
or any other thing or service in connection with which:
Any appeal is made for charitable purposes; or
The name of any charity, philanthropic or charitable organization
is used or referred to in any such appeal as an inducement for making
any such sale; or
Any statement is made to the effect that the whole or any part
of the proceeds from such sale will go to or be used for any charitable
purpose or organization.
A solicitation for charitable purposes, or a sale, offer or
attempt to sell for charitable purposes, shall include the making
or disseminating or causing to be made or disseminated before the
public in this state, in any newspaper or other publication, or any
advertising device, or by public outcry or proclamation, or in any
other manner or means whatsoever any such solicitation.
means any request, plea, entreaty, demand, or invitation,
or attempt thereof, to give money or property, in connection with
which:
Any appeal is made for charitable purposes; or
The name of any charity, philanthropic or charitable organization
is used or referred to in any such appeal as an inducement for making
any such gift; or
Any statement is made to the effect that such gift or any part
thereof will go to or be used for any charitable purpose or organization.
(Ord. 103, 1983)
A solicitation is completed whether or not the person making
or receiving the solicitation receives or makes any contribution or
makes any sale or purchase referred to in this article.
(Ord. 103, 1983)
A.
Prior
to any solicitation or sales solicitation for charitable purposes,
the solicitor or seller shall exhibit to the prospective donor or
purchasers a card entitled "Solicitation or Sale for Charitable Purposes
Card." The card shall be signed and dated under penalty of perjury
by and individual who is a principal, staff member, or officer of
the solicitation organization. The card shall give the name and address
of the soliciting organization or the person who signed the card and
the name and business address of the paid individual who is doing
the actual soliciting. In lieu of exhibiting a card, the solicitor
or seller may distribute during the course of the solicitation any
printed material, such as a solicitation brochure, provided such material
complies with the standards set forth below, and provided that the
solicitor or seller informs the prospective donor or purchaser that
such information as required below is contained in the printed material.
Information on the card or printed material shall be presented in
at least ten point type and shall include the following:
1.
The
name and address of the combined campaign, each organization, or fund
on behalf of which all or any part of the money collected will be
utilized for charitable purposes;
2.
If
there is no organization or fund, the manner in which the money collected
will be utilized for charitable purposes;
3.
The
amount, stated as a percentage of the total gift or purchase price,
that will be used for direct fund raising expenses. If paid fund raisers
are paid a set fee rather than a percentage of the total amount raised,
the card shall show the total cost that is estimated will be used
for direct fund raising expenses. If the solicitation is not a sale
solicitation, the card may state, in place of the amount of fund raising
expenses, that an audited financial statement of such expenses may
be obtained by contacting any organization at the address disclosed;
4.
The
non-tax-exempt status of the organization or fund, if the organization
or fund for which the money or funds are being solicited does not
have a charitable tax exemption under both federal and state law.
If no portion is so deductible, the card shall state "this contribution
is not tax deductible."
B.
Knowing
and willful noncompliance by any individual volunteer who receives
no compensation of any type from, or in connection with, a solicitation
by any charitable organization shall subject the solicitor or seller
to the penalties of this chapter.
C.
When
the solicitation is not a sales solicitation, any individual volunteer
who receives no compensation of any type from, or in connection with,
a solicitation by any charitable organization, may comply with the
disclosure provisions by providing the name and address of the charitable
organization on behalf of which all or any part of the money collected
will be utilized for charitable purposes, by stating the charitable
expenses for which the solicitation is made, and by stating to the
person solicited that information about revenue and expenses of such
organization, including its administration and fund raising costs,
may be obtained by contacting the organization's office at the address
disclosed. Such organization shall provide such information to the
person solicited within seven days after receipt of the request. If
the volunteer is ten years of age or younger, he is not required to
make any disclosure.
(Ord. 103, 1983)
If the initial solicitation or sales solicitation is made by radio, television, letter, telephone or any other means not involving direct personal contact with the person solicited, this solicitation shall clearly disclose the information required by Section 5.24.150. This disclosure requirement shall not apply to any radio or television solicitation of sixty seconds or less. If the gift is subsequently made or the sale is subsequently consummated the solicitation or sale for charitable purposes card shall be mailed to or otherwise delivered to the donor, or to the buyer with the item or items purchased.
(Ord. 103, 1983)
Any person or organization engaging in any regulated activity set forth in Sections 5.24.150 and 5.24.160 shall register with the city treasurer or his/her representative. Registration shall be done on a form prescribed by the treasurer and shall be deemed completed once the following information is provided:
A.
The
full name, mailing address and telephone number of the person or organization
sponsoring, promoting or conducting the proposed solicitations;
B.
The
full name, mailing address and telephone number of the individual
person or persons who will have supervision of and responsibility
for the proposed solicitations;
C.
The
subject matter of the proposed solicitation, and the purpose thereof;
D.
A description
of the proposed solicitation indicating the type of communication
to be involved; and
E.
The
dates and hours which the solicitations are proposed to begin, and
the expected duration of the proposed solicitation.
(Ord. 103, 1983)
The financial records of a soliciting organization shall be
maintained on the basis of generally accepted accounting principles
as defined by the American Institute of Certified Public Accountants
and the financial accounting standards board.
(Ord. 103, 1983)
The provisions of this article shall not apply to solicitations,
sales, offers, or attempts to sell within the membership of a charitable
organization or upon its regular occupied premises, nor shall it apply
to funds raised as authorized in Section 326.5 of the California Penal
Code.
(Ord. 103, 1983)
Any person violating the provisions of this article shall be
deemed guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed five hundred dollars or by imprisonment
for a period of not more than six months in the county jail or by
both such fine and imprisonment.
(Ord. 103, 1983)
