Chapter 5.16
CHARITABLE AND RELIGIOUS SOLICITATIONS1
Sections:
5.16.020 Permit required – Exemptions.
5.16.030 Permit – Application.
5.16.040 Permit – Application – Fee.
5.16.050 Processing applications.
5.16.070 Certificate – Application.
5.16.100 Solicitations permit – Form – Grant is not endorsement.
5.16.120 Permit – Nontransferable – Return.
5.16.130 Agents and solicitors for solicitation permit holders.
5.16.150 City council decision.
5.16.170 Use of fictitious name – Fraudulent misrepresentation – Misstatements prohibited.
5.16.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings hereinafter respectively ascribed to them:
A. “Charitable” means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
B. “Contributions” means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.
C. “Manager” means the city manager.
D. “Person” means any individual, firm, copartnership, corporation, company, association, or joint-stock organization, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.
E. “Promoter” means any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign or solicitation.
F. “Religious” and “religion” as used in this chapter shall not mean and include the word “charitable” as defined in this section, but shall be given their commonly accepted definitions and shall include the tenets and doctrines of churches and nonprofit corporations organized for religious purposes.
G. “Solicit” and “solicitation” means the request directly or indirectly of money, pledges, credit, property, financial assistance, or other thing of value on the plea or representation that such money, pledge, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words shall also mean and include the following methods of securing money, credit, pledge, property, financial assistance or other thing of value on the plea of representation that it will be used for a charitable or religious purpose as defined in this chapter:
1. Any oral or written request;
2. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;
3. The making of any announcement to the press, over the radio, 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 patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;
4. The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious 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 proceeds from any such sale will go or be donated to any charitable or religious purpose. (Ord. 1538 § 1, 1983.)
5.16.020 Permit required – Exemptions.
A. No person shall solicit contributions for any charitable or religious purpose within the city without a permit or certificate authorizing such solicitation; provided, however, that the provisions of this section shall not apply to any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary gain 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.
B. The provisions of this chapter shall not apply to the solicitation or collection of gifts, contributions, donations or subscriptions, or the promotion of any bazaar, sale or exhibition, or other act of appeal to the public for a charity, made by members of any religious or charitable organization for such religious or charitable organization which has been in existence and which has regularly maintained headquarters or a place of worship in the city for a period of at least five years next preceding the date on which such activity is begun. (Ord. 1538 § 1, 1983.)
5.16.030 Permit – Application.
An application for a permit to solicit for charitable purposes shall be made to the city manager upon forms provided by the city. Such application shall be sworn to and filed with the manager at least 30 days prior to the time at which the permit applied for shall become effective; provided, however, that the manager may for good cause shown allow the filing of an application less than 30 days prior to the effective date of the permit applied for. The application herein required shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:
A. The name, address, or headquarters of the person applying for the permit;
B. If applicant is not an individual, the names and addresses of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such solicitations, certified to as a true and correct copy of the original by the officer having charge of applicant’s records;
C. 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. The names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed;
E. The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;
F. An outline of the method or methods to be used in conducting the solicitations, including, if applicable, the specific location of any special or particular event such as a sale or bazaar;
G. The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation;
H. The estimated cost of the solicitation;
I. The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;
J. An audited financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof, and the most recent Form 990, Return of Organization Exempt from Income Tax and Form CT-2, Periodic Report to Attorney General of California, (if a tax exempt organization.) For good cause shown the manager may waive the requirement for an audited financial statement;
K. A full statement of the character and extent of the charitable work being done by the applicant;
L. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the city or by any department or officer thereof;
M. A list of other cities or counties where similar permits have been applied for in the past two years, and whether each such permit was granted or denied or has ever been revoked;
N. Such other information of similar nature as may be reasonably required by the manager in order for him to determine the kind and character of the proposed solicitation;
O. In addition, any application for a permit to solicit for charitable purposes shall contain a statement that the actual cost of solicitation will not exceed 25 percent of the total amount to be raised, or if the cost will exceed said 25 percent an explanation of such excess and an estimate of the probable percentage;
P. The name, driver’s license number, addresses, date of birth and complete physical description of the field solicitors;
Q. The address of the location where the applicant’s financial books and records will be maintained;
R. The name, branch and address of the applicant’s bank.
If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the manager in writing thereof within 24 hours after such change. (Ord. 1538 § 1, 1983.)
5.16.040 Permit – Application – Fee.
Any application for a permit to solicit for charitable purposes shall be accompanied by a fee as established by the city council on occasion by resolution. The fee shall be payable to the city treasurer. Where no investigation is required to ascertain the truth of the facts set forth in the application or whether the solicitation would be a fraud on the public, the fee may be waived. (Ord. 04-1906 § 3, 2004; Ord. 1538 § 1, 1983.)
5.16.050 Processing applications.
Applications that are not complete in every respect will be returned to the applicant without further processing and will not be approved until such time as all required information is submitted. (Ord. 1538 § 1, 1983.)
5.16.060 Permit – Decision.
A. If the city manager finds that all of the information required in CMC 5.16.030 has been submitted and that he has no facts on which to conclude that any of the statements so submitted are false, he shall approve the application.
B. The city manager shall send to the applicant by certified mail the decision on the application within five days after the application is approved by the city. If the city manager denies the application, the decision shall be final unless a written appeal to the city council has been filed by the applicant with the city clerk within 15 days after the date on which the letter from the city manager has been deposited in the United States mail. (Ord. 1538 § 1, 1983.)
5.16.070 Certificate – Application.
An application for a certificate to solicit for religious purposes shall be made to the city manager either upon the form provided by the city or by any other written instrument. Such application shall be in the form of an affidavit and shall be filed at least 30 days prior to the time when the certificate applied for is intended to become effective; provided, that the city manager may for good cause shown allow the filing of an application less than 30 days prior to the effective date applied for. Said application shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished or is not applicable:
A. The name, address and headquarters of the person applying for the certificate;
B. The church, church group, or other religious organization represented by applicant;
C. The religious purposes for which such certificate is requested;
D. The extent, if any, to which such solicitation is for a charitable purpose as defined herein;
E. The name and address of the person, or persons, who will be in direct charge of the conduct of the solicitation and of those who will be doing the actual soliciting;
F. The general outline of the methods to be used in conducting the solicitation;
G. The time during which such solicitation shall be conducted, giving the beginning and ending dates;
H. The estimated cost of the solicitation;
I. A general statement of the basis for the applicant’s claim to be a religious organization or to be soliciting for a religious purpose;
J. A statement that the certificate requested will not be used as an endorsement by the city of the solicitation. (Ord. 1538 § 1, 1983.)
5.16.100 Solicitations permit – Form – Grant is not endorsement.
Permits issued under this chapter shall bear the name and address of the person by whom the field solicitation is to be made, 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 by any of its departments, officers or employees of the purpose of the solicitation, and the actual cost of solicitation (in percentage) for charitable purposes for the applicant’s last preceding fiscal year as determined from applicant’s audited financial statement or, if such statement is not available, the estimated cost of the proposed solicitation (in percentage). All permits must be signed by the manager. (Ord. 1538 § 1, 1983.)
5.16.110 Time limits.
A. No certificate to solicit for religious purposes shall grant the right to solicit longer than 90 days from its date, but the manager may extend any such permit for not more than 60 additional days upon a showing that unnecessary hardship would be created by a failure to extend the original period for such additional days.
B. No permit to solicit for charitable purposes shall grant the right to solicit for such purpose for more than 60 days during any calendar year. (Ord. 1550 § 1, 1983; Ord. 1538 § 1, 1983.)
5.16.120 Permit – Nontransferable – Return.
Any permit issued under this chapter shall be nontransferable and shall be returned to the city, within two days of its date of expiration, together with all facsimile copies thereof. (Ord. 1538 § 1, 1983.)
5.16.130 Agents and solicitors for solicitation permit holders.
All persons to whom permits or certificates have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the holder, the date, a statement describing said holder’s charitable or religious activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder’s chief executive officer, and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which said solicitor is authorized to solicit on behalf of the permit holder. A copy of such proposed credentials must be filed with the manager when the application for a permit or certificate is filed and must be approved by him after investigation of the individuals involved before the permit or certificate may be issued. The manager may for cause, after hearing applicant, disapprove particular field solicitors and condition the issuance of any permit or certification thereon. No person shall solicit under any certificate or permit granted under this chapter without the credentials required by this section and a facsimile copy of said permit in his possession. Said credentials and said facsimile copy of the permit must be shown to all persons solicited and, upon request, to any peace officer of the city.
No agent or solicitor shall solicit contributions for any charitable or religious purpose for any person unless such person has been granted a permit under the provisions of this chapter. (Ord. 1538 § 1, 1983.)
5.16.140 Permit – Revocation.
Any permit issued pursuant to this chapter may be revoked by the city manager if he determines that the permittee is not conducting the solicitation in accordance with the application upon which the permit was issued. The revocation shall be made by certified letter directed to the address of the applicant as stated on the application and shall include the reasons for revocation. The permit shall become null and void on the fifth day after the date on which the letter is deposited in the United States mail unless a written appeal to the city council has been filed by the applicant with the city clerk. If an appeal is timely filed, the permit shall remain in effect unless revoked by the city council. (Ord. 1538 § 1, 1983.)
5.16.150 City council decision.
At its next regular meeting at least five days after an appeal has been filed by the applicant to a denial or revocation of a permit, the city council shall conduct a public hearing thereon. Immediately upon the conclusion of such hearing, it shall take any action upon an application that the city manager could have taken, or it shall approve or disapprove the revocation of the permit based on whether the permittee is conducting the solicitation in accordance with the application upon which the permit was issued. The time limits herein may be extended by the mutual agreement of the applicant and city council. The decision of the city council shall be final. (Ord. 1538 § 1, 1983.)
5.16.160 Report required.
It shall be the duty of all persons issued permits for charitable solicitations under this chapter to furnish to the manager within 30 days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, commission, and expenses paid to any person in connection with such solicitation. This report shall be available for public inspection at the manager’s office at any reasonable time; provided, however, that the manager may extend the time for the filing of the report required by this section for an additional period not to exceed 90 days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the manager, or to any person designated in writing by the manager as his representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked. (Ord. 1538 § 1, 1983.)
5.16.170 Use of fictitious name – Fraudulent misrepresentation – Misstatements prohibited.
No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence; no person shall make or perpetrate any false statement, misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter. (Ord. 1538 § 1, 1983.)
5.16.180 Renewals.
Whenever any renewal or extension is required and conditions are substantially the same as the previous application, such renewal may be applied for by attaching a statement to the existing application of the time required and any change in conditions. Such renewal application shall be processed in the same manner as an original application. (Ord. 1538 § 1, 1983.)
For statutory provisions regarding penalties for making false statements in reference to charitable solicitations, see Penal Code § 532d. Prior history: Ord. 1217, 1964 Code §§ 7.1 – 7.6.