§ 14-9. Charitable Solicitations.
14-9.1 Definitions. Unless the context otherwise requires, the definitions in this section shall govern the construction of section 14-9 of this code.
a.
"Agent" shall mean a person who has authorization from a holder of a charitable solicitation permit to solicit in the name of the permit holder.
b.
"Charitable purpose" shall mean the use of property or money for any religious, scientific, philanthropic, civic, patriotic, nonprofit, fraternal, or eleemosynary group, for the benefit of any church, religious society of sect, for assistance to veterans, the poor, the handicapped, children, animals, civic, and fraternal purposes and all other purposes recognized as charitable under common law. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation or the benefit of any political group, party or organization which is subject to financial disclosure under Federal or State law.
c.
"Charitable solicitation" shall mean to "solicit contributions" or "solicitation of contributions" as defined in this section.
d.
"Charitable solicitation permit fee" shall mean the fee to be paid by the permit applicant at the time the application is filed with the chief of police. The fee shall not exceed the actual costs of investigating and processing the permit application and administering the permit program including the costs of photographing and fingerprinting the applicant.
e.
"Charitable tax exempt organization" shall mean any public agency or a nonprofit corporation or trust created for charitable purposes and exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).
f.
"Chief of police" shall mean the chief of police or his authorized deputy.
g.
"Contributions" shall mean and include the words donations, money, alms, food, clothing, subscriptions, property, credit, financial assistance, or other thing of value.
h.
"Member" shall mean a person who belongs to a charitable tax exempt organization who is entitled to vote, elect officers, or hold office. The term "member" of a charitable tax exempt organization shall not include those persons who are granted a membership solely for making a contribution as a result of the charitable solicitation.
i.
"Park" shall have the same meaning as defined in Chapter X, section 10-2 of this code.
j.
"Person" shall mean and include an individual, association, partnership, corporation, organization, or other person as defined in Chapter I, section 1-2 of this code.
k.
"Promoter" shall mean any person who is employed on a salary, commission or percentage basis, to promote, organize or conduct a charitable solicitation for or on behalf of such other person. Except, however, that no person who holds a permanent salaried office or position with the applicant charitable organization or its parent or subsidiary organization shall be deemed to be a promoter herein.
l.
"Public agency" shall mean the United States, State of California, any city, county, city and county, district, municipal or public corporation or any department, agency or instrumentality thereof.
m.
"Right-of-way" shall have the same meaning as defined in Chapter XV, subsection 15-2.1c. of this code.
n.
"Residential dwelling" shall mean an apartment, single-family dwelling, two-family dwelling or duplex as defined in Chapter XIX, section 19-10 of this code.
o.
"Solicit contributions" or "solicitation of contributions" shall mean and include to request, directly or indirectly, contributions on the plea or representation that such contributions will be used for charitable purposes as defined in this section. These words shall also mean the sale, or offer or attempt to sell, of any advertisement, advertising space, book, card, change coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose, or where the name of any charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from such sale will go or be donated for any charitable purpose.
(Ord. No. 1087, §§ 1, 2)
14-9.2 Charitable Solicitation Permit Required. It shall be unlawful for any person to engage in door-to-door charitable solicitation at residential dwellings or other premises located within the city, in parks or other city property, on public streets, sidewalks, and other rights-of-way located within the city without first obtaining a charitable solicitation permit from the chief of police. This requirement shall not apply to activities specifically exempted by subsection 14-9.3 of this code
(Ord. No. 1087, § 3)
14-9.3 Exemptions. Excepting for subsections 14-9.14 and 14-9.15, the provisions of section 14-9 shall not apply to any of the following:
a.
Any recruiting for volunteer services.
b.
Any charitable solicitation made in the name of a person who has died, if the solicitation is made by members of the family of the deceased person or the legal guardian of the deceased person.
c.
Any charitable solicitation made by or on behalf of a charitable tax exempt organization to or among persons who are members thereof at the time of solicitation, or a charitable solicitation made in the form of collections or contributions at regular assemblies or services of any such organization.
d.
Any charitable solicitation made by an employer to his employees, by an employee to his employer, or by an employee to other members of the same employee group where a common employer exists.
e.
Public agencies.
(Ord. No. 1087, § 4)
14-9.4 Permit Application.
a.
A verified application for a charitable solicitation permit shall be filed with the chief of police at least 15 days before the date the planned solicitation is to commence on a form provided by the chief of police. If the planned charitable solicitation is to be conducted in a park, the applicant must also obtain a park permit pursuant to Chapter X, section 10-4 of this code form the director of the department of parks and recreation prior to conducting any charitable solicitation. Upon a showing of good cause, the chief of police shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application. The application shall contain the following information:
1.
The name, address, and telephone number of the applicant. If the applicant is not an individual the following shall be provided:
(a)
If the applicant is an organization or association, its business headquarters address and telephone number.
(b)
If the applicant is a subsidiary or affiliate organization, the name and address of the parent organization.
(c)
If the applicant is a corporation, the name of the corporation as set forth in its articles of corporation, and the corporation's principal business address and telephone number.
2.
The person completing the application form shall provide proof of authorization to request a charitable solicitation permit on behalf of the applicant organization, association, corporation or other entity.
3.
A statement whether the applicant has received tax exempt status from either the State of California or the United States, or both, and a copy of its tax exempt determination letter if any.
4.
The name(s), address(es) and telephone number(s) of the person(s) who will be in direct charge of conducting the charitable solicitation within the city and any promoters.
5.
The name(s) and address(es) of the person(s) to whom the receipt of contributions resulting from the charitable solicitation shall be disbursed.
6.
A brief outline of the method or methods to be used in conducting the charitable solicitation, and the purpose or purposes for which the contributions will be used.
7.
A description of the location(s) within the city where the charitable solicitation will be conducted, and the date(s) when the charitable solicitation will be made.
8.
A description of any collection boxes, receptacles or structures which will be used during the charitable solicitation and the proposed location thereof.
9.
A statement whether the applicant has had any previous charitable solicitation permit issued by the city revoked or suspended.
10.
A list of the name(s), address(es) and telephone number(s) of each agent who will engage in charitable solicitation within the city and a statement whether such persons will be engaged in door-to-door solicitation at residential dwellings within the city. The chief of police may require that the individual permit applicant and each agent be photographed or fingerprinted.
11.
An explanation of the reasons, if the individual completing the permit application form is unable to provide any of the foregoing information, why such information is not available.
12.
A statement to the effect that if the charitable solicitation permit is granted, it will not be used or represented as an endorsement by the city, or any of its departments, officers, or employees of the charitable solicitation.
13.
A statement that the applicant has read the provisions of section 14-9 of this code.
14.
A list containing the nature, date and place of all criminal convictions within the past five years of the applicant, or if the applicant is not an individual, the applicant's principal officers and managers.
15.
If the applicant intends to utilize the services of a commercial fundraiser or to act as a commercial fundraiser for a charitable organization, the applicant must furnish evidence that the commercial fundraiser is currently registered with the State Attorney General's Registry of Charitable Trusts as required by California Government Code Section 12599.
b.
If while the application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method of solicitation that would materially alter the information given in the application, the applicant shall notify the chief of police in writing thereof within one business day after such change. This requirement includes the submission of the names, addresses and telephone numbers of any agents not listed on the permit application form who will engage in charitable solicitation within the city. The chief of police may require that such persons be photographed and fingerprinted.
(Ord. No. 1087, § 5; Ord. No. 1177, § 1; Ord. No. 1229, § 2)
14-9.5 Permit Fee. The application for a charitable solicitation permit shall be accompanied by a charitable solicitation permit fee in the amount established by city council resolution.
(Ord. No. 1087, § 5)
14-9.6 Permit Issuance and Grounds for Permit Denial.
a.
The chief of police shall determine whether to issue or deny the charitable solicitation permit within 15 days of receiving a completed application. The chief of police shall issue the permit requested unless he finds that:
1.
The applicant has not provided the information required by subsection 14-9.4 and fails to provide the missing information after being requested to do so.
2.
Information contained in the application, or supplemental information provided by the applicant is false in any material detail.
3.
The applicant has failed to notify the chief of police of a change in fact, policy or method of solicitation subsequent to the filing of the application as required by subsection 14-9.4b. of this code.
4.
A prior charitable solicitation permit has been revoked within the year preceding the date of application, or suspended and the period of suspension has not yet expired.
5.
The applicant, or if the applicant is not an individual, the applicant's principal officers and managers have been convicted within the past five years of any offense involving fraud, deceit, false pretenses, trick and device or the use of force or violence against other persons.
b.
Notice of permit denial shall be in writing and shall state the grounds therefor. The notice shall be personally served or served by mail on the permit applicant.
(Ord. No. 1087, § 7; Ord. No. 1177, § 2)
14-9.7 Permit Conditions. The chief of police may condition the issuance of a charitable solicitation permit to insure compliance with the provisions of section 14-9, other provisions of this code or State law, provided such conditions shall not unreasonably restrict the right of free speech. The chief of police may condition the issuance of a permit to conduct a charitable solicitation in a park, other city property, on a public street, sidewalk, or right-of-way to protect the safety of persons and property, and the control of vehicular and pedestrian traffic. It shall be unlawful for the permittee or any employee or agent thereof to violate the terms and conditions of the permit.
(Ord. No. 1087, § 8)
14-9.8 Appeal of Permit condition or Denial.
a.
The applicant may appeal a permit condition or denial to the city council. Notice of such appeal stating the grounds therefor shall be filed with the city clerk within ten days after notice of the permit denial. Such notices shall be deemed given by the chief of police on the date of personal service or deposit in the United States mail. If the appeal is timely filed, the city council shall hear the appeal at its next regular meeting. The appeal must be filed no later than noon, one calendar week preceding the next regular city council meeting, to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.
b.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the charitable solicitation is to commence, the applicant may, at his option, request the city clerk to schedule the appeal before the city manager instead of the city council. The city manager or his designee shall hold a hearing not later than two business days after the filing of the appeal, and will render his decision no later than one business day after bearing the appeal. The city manager may affirm, modify or overrule the decision of the chief of police.
(Ord. No. 1087, § 9)
14-9.9 Term of Permit. A commercial solicitation permit shall expire one year from the date of issuance.
(Ord. No. 1087, § 10)
14-9.10 Form of Permit. The charitable solicitation permit shall be on a form prescribed by the city and shall contain the following information:
a.
The name of the individual permit applicant.
b.
The name and address of the organization, association, corporation, or other entity on whose behalf the charitable solicitation is being made.
c.
The date(s) the permit is valid.
d.
Permit number.
e.
A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers, or employees of the charitable solicitation.
(Ord. No. 1087, § 11)
14-9.11 Credentials for All Agents of the Permittee. The permittee shall furnish as credentials to each of its agents a copy of the charitable solicitation permit, upon which the permittee shall cause to be located the name and signature of the individual agent. It shall be unlawful for the permittee to furnish such credentials for use in charitable solicitation within the city to an agent unless the name, address and telephone number of the agent has been provided in writing in advance of the commercial solicitation to the chief of police pursuant to subsection 14-9.4.
(Ord. No. 1087, § 12)
14-9.12 Permit Nontransferable. Charitable solicitation permits are nontransferable.
(Ord. No. 1087, § 13)
14-9.13 Display of Permit and Credentials. Permittees are required to exhibit the charitable solicitation permit upon request of any person being solicited or at the request of a law enforcement officer. Agents are required to exhibit their credentials, as described in subsection 14-9.11, upon request of any person being solicited or at the request of a law enforcement officer. The permittee/agent while engaging in door-to-door charitable solicitation shall carry the permit/credentials on his person.
(Ord. No. 1087, § 14)
14-9.14 Charitable Solicitation at Certain Premises Prohibited. No person shall engage in charitable solicitation at any residential dwelling or other premises within the city which are painted or posted with a sign bearing the words "No Solicitors" or other words of similar meaning.
(Ord. No. 1087, § 15)
14-9.15 Misrepresentation Prohibited. It shall be unlawful for any person while conducting a charitable solicitation within the city to perpetuate any deception or fraud, or misrepresent in words, writing or action any of the following:
a.
His identity, including his name, age, occupation, financial condition, and place of residence.
b.
The identity of the individual, organization, association, corporation, or other entity which has been issued the charitable solicitation permit.
c.
The purpose of the charitable solicitation.
d.
That the charitable solicitation permit issued wider section 14-9 of this code is an endorsement by the city or any department, employee, or officer thereof of the charitable solicitation.
(Ord. No. 1087, § 16)
14-9.16 Permit Revocation or Suspension and Appeal Thereof.
a.
A charitable solicitation permit may be revoked or suspended by the chief of police for any of the grounds specified for permit denial in subsection 14-9.6a. of this code.
b.
Notice of the permit revocation or suspension stating the grounds therefor shall be personally served or served by mail on the permittee. Service by mail shall be deemed complete upon posting in the United States mails. The applicant may appeal a permit suspension or revocation by filing a notice of appeal with the city within ten days of service by the chief of police of the permit revocation/or suspension. If an appeal is timely filed, the city council shall hold a hearing at its next regular meeting. The appeal must be filed no later than noon, the week preceding the next regular meeting to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the chief of police.
(Ord. No. 1087, § 17)
14-9.17 Violation and Penalties. Any person violating any provision of section 14-9 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Chapter 1, section 1-5 of this code.
(Ord. No. 1087, § 18)