Chapter 4.18
CHARITABLE SOLICITATION AND SALES
Sections:
4.18.050 Enforcement officer designated.
4.18.060 Place of registration.
4.18.010 Purpose.
The purposes of this chapter are:
A. To regulate individuals entering upon private property, particularly residential property, to engage in the conduct of charitable solicitor or salesperson;
B. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as charitable solicitors or salespersons, and from criminal activity including fraud and burglary; and
C. To balance the rights and interests of those engaged in charitable activities with the rights and interests of those residents who do not want to be disturbed by such activities. (Ord. 5-07 § 1 (part))
4.18.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Charitable purposes” means and includes activities for the benefit of non-profit philanthropic, social service, benevolent, patriotic, educational, or religious activities, including, but not limited to, nonprofit organizations, tax-exempt organizations, and public and private schools.
B. “Charitable solicitor or salesperson” means and includes any person who, for charitable purposes, travels by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, soliciting funds, assets, or property, or carrying, conveying, transporting, taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property or services or offering and exposing the same for sale, or making sales and delivering articles to purchasers. A “charitable solicitor or salesperson” includes a “commercial fundraiser for charitable purposes.”
C. “Commercial fundraiser for charitable purposes” means any individual, corporation, unincorporated association, or other legal entity who for compensation does any of the following: (1) solicits funds, assets, or property in this state for charitable purposes; (2) as a result of a solicitation of funds, assets, or property in this state for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes; (3) employs, procures, or engages any compensated person to solicit, receive or control funds, assets, or property for charitable purposes, except as provided in California Government Code Section 12599.
D. “Engage in the conduct” means and includes conducting, managing or carrying on of any such conduct or helping therewith, by any person in any capacity. (Ord. 5-07 § 1 (part))
4.18.030 Permit required.
It is unlawful for any person to engage in the conduct of charitable solicitor or salesperson without first obtaining a written permit as provided in this chapter. (Ord. 5-07 § 1 (part))
4.18.040 Permit—Exceptions.
The following activities are exempt from the permit requirement set forth in Section 4.18.030:
A. Any person who engages in the conduct of charitable solicitor or salesperson upon premises owned or occupied by the charitable purposes organization(s) for which the solicitation is made; and
B. Any person who engages in the conduct of charitable solicitor or salesperson solely from the members of the charitable purposes organization(s) for which the solicitation is made. (Ord. 5-07 § 1 (part))
4.18.050 Enforcement officer designated.
It shall be the duty of the Chief of Police of the city, or his or her designee, to enforce the provisions of this chapter. (Ord. 5-07 § 1 (part))
4.18.060 Place of registration.
The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. (Ord. 5-07 § 1 (part))
4.18.070 Permit application.
A. Applicants for a permit under this chapter must file with the Police Chief at Dublin Police Services a sworn application in writing on a form to be furnished by Dublin Police Services, which shall set forth the following information:
1. Name, birth date, and driver’s license or other state-issued photo identification card of the applicant;
2. Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;
3. Name, address and telephone number of the charitable purposes organization(s) for which the applicant intends to make solicitations;
4. Name and telephone number, where available, of each person who will engage in the conduct of charitable solicitor or salesperson pursuant to the permit;
5. Item(s) or services to be sold for charitable purposes, if applicable;
6. The length of time for which the permit is desired;
7. A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application date;
8. A statement as to whether any person intending to engage in the conduct of charitable solicitor or salesperson under a permit issued pursuant to this chapter is a commercial fundraiser for charitable purpose, and, if so, documentation from the California Attorney General that the applicant has complied with the requirements of California Government Code Section 12599, or its successor; and
9. Any additional information as required by the Chief of Police.
B. In addition to the permit application requirements set forth in subsection A of this section, applicants for permits under this chapter who are not residents of the city or who are not engaging in the conduct of charitable solicitor or salesperson on behalf of an organization located within the city shall provide the following information:
1. Photo identification for each person who will engage in the conduct of charitable solicitor or salesperson pursuant to the permit, such as a state-issued identification card or student body identification card; and
2. A letter from each charitable purposes organization set forth in subsection (A)(3) of this section certifying the applicant’s authority to engage in the conduct of charitable solicitor or salesperson on behalf of the charitable purposes organization.
3. If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance to the satisfaction of the Chief of Police, and any additional vehicle identification or vehicle safety information that the Chief of Police finds reasonably necessary. (Ord. 5-07 § 1 (part))
4.18.080 Permit issuance.
A. Upon receipt of such application the Chief of Police shall cause such investigation of the application as he or she deems necessary. The Chief of Police shall approve or deny the permit within thirty (30) calendar days of receipt of an application deemed complete by the Chief of Police or his or her designee.
B. Such permit shall contain the signature of the issuing officer and shall show the name and address of the applicant and the name and address of the charitable purposes organization(s) for which the applicant intends to make solicitations, the date of issuance, and the length of time the same shall be operative.
C. The permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees, as applicable.
D. A permit application shall be denied by the Chief of Police on the following grounds:
1. The applicant has been convicted of a felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation within ten (10) years preceding the application date.
2. The application for permit under this chapter contains fraud, misrepresentation or false statement.
3. The applicant or any person who will engage in the conduct of charitable solicitor or salesperson under the permit has violated the provisions of this chapter.
4. The activity as proposed by the applicant would not comply with any provision of this chapter, or any other provision in this code, or any other state or federal law.
E. The Chief of Police shall notify the applicant of a denial of a permit application by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to deny the permit. The notice of denial must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure set forth in Section 4.18.110.
F. If the applicant employs minors to engage in the conduct of charitable solicitor or salesperson, the applicant shall obtain a copy of a pamphlet or other materials which summarize the child labor laws of California prior to the issuance of the permit. (Ord. 5-07 § 1 (part))
4.18.090 Permit use.
Charitable solicitors or salespersons shall comply with the following:
A. All permits issued under the provisions of this chapter shall expire on the date specified in the permit.
B. Applicants for permits under this chapter shall maintain the permit on their person and exhibit such permit upon request. Persons who engage in the conduct of charitable solicitor or salesperson pursuant to the permit shall maintain proof of permit, such as duplicate copy of permit, student body identification card, or other proof of school or organizational enrollment, as required by the Chief of Police or his or her designee.
C. No permit issued under the provisions of this chapter shall be used at any time by any person other than the one for whom it was issued.
D. It is unlawful for any person to engage in the conduct of charitable solicitor or salesperson before 9:00 a.m. or after 8:00 p.m.
E. No person shall engage in the conduct of charitable solicitor or salesperson at any premises which is posted with clearly visible signs prohibiting sales or solicitation, and in the event that the posted sign expressly prohibits one such activity, the sign shall be construed as prohibiting the activities of both sales and solicitation, unless otherwise indicated on the sign.
F. No permit holder shall create any public nuisance or disturb the peace and quiet of the community.
G. Permit holders shall comply with all state and federal laws and all local ordinances, including the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Government Code Section 12580 et seq.), or its successor. (Ord. 5-07 § 1 (part))
4.18.100 Permit revocation.
A. Permits issued under the provisions of this chapter may be revoked by the Chief of Police at any time for any of the following causes:
1. Subsequent determination of facts or subsequent occurrence that would have required a denial of the permit at the time of application pursuant to Section 4.18.080(C);
2. The applicant or any person who will engage in the conduct of charitable solicitor or salesperson pursuant to the permit engages in fraud, misrepresentation, or false statement;
3. The applicant or any person who will engage in the conduct of charitable solicitor or salesperson pursuant to the permit performs in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
B. The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 4.18.110. (Ord. 5-07 § 1 (part))
4.18.110 Appeal procedure.
Any person objecting to the denial or revocation of a permit applied for or held by him or her pursuant to this chapter shall have the right to appeal to the City Manager in accordance with Section 1.04.050. (Ord. 5-07 § 1 (part))
4.18.120 Violation—Penalty.
Any violation of the provisions of this chapter shall constitute an infraction and shall be punished as such in accordance with Section 1.04.030. (Ord. 5-07 § 1 (part))