Chapter 5.08
PEDDLERS AND SOLICITORS
Sections:
5.08.020 Permit and license requirements.
5.08.040 Application procedure.
5.08.060 Permitting procedure.
5.08.070 Identification cards.
5.08.090 Suspension or revocation of permit.
5.08.120 Solicitation procedures.
5.08.010 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
A. “Charitable” means and includes the words patriotic, political, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, or any other tax-exempt purpose or function as specified in Cal. Rev. & Tax. Code Chapter 4, Article 1 (Cal. Rev. & Tax. Code § 23701 et seq.) or any successor thereto.
B. “Charitable association” means and includes any organization, whether or not incorporated, that is organized and operated exclusively for charitable, religious, fraternal, educational, cultural, civic or other tax-exempt purposes or functions as specified in Cal. Rev. & Tax. Code Chapter 4, Article 1 (Cal. Rev. & Tax. Code § 23701 et seq.) or any successor thereto, and which has been determined by the Franchise Tax Board to be exempt from taxation, or which has established its exemption under Section 501(c)(3) of the Internal Revenue Code or any successor thereto.
C. “Commercial” means and includes the sale of services, goods, wares and merchandise, for profit, whether or not a profit is made, and not for any charitable purpose as defined in this section.
D. “Contribution” means and includes alms, food, clothing, money, property, subscriptions, pledges or donations given or solicited either directly or indirectly, or under the guise of loans of money or property.
E. “Identification card” means a solicitor identification card, issued in accordance with PVEMC 5.08.070, for use in conducting solicitations pursuant to a permit issued under this chapter.
F. “Monetary compensation” or “solicitation” means and includes the request, directly or indirectly, for a contribution for charitable purposes or for a commercial sale, which request is made door to door at places of residence, in any place of public accommodation, in any place of business open to the public generally, on city streets and sidewalks, in public parks, or in any other public places. A solicitation shall be deemed completed when the request is made, whether or not the solicitor receives any contribution or makes any sale. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.020 Permit and license requirements.
A. No person shall solicit for any purpose within the city without having first obtained a permit from the city’s finance director authorizing such solicitation, except that where a permit for solicitation has been issued to any applicant, the individual agents and solicitors for such applicant shall not be required to obtain individual permits, provided a separate identification card is obtained for each individual agent and solicitor.
B. No person shall solicit for commercial purposes within the city without having first paid the applicable business license tax as required under Chapter 5.16 PVEMC (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.030 Exemptions.
A. This chapter shall not apply to solicitations made upon the premises owned or occupied by the organization or person on whose behalf such solicitation is made.
B. This chapter shall not apply to the following:
1. Payments required by law to be collected or paid; or
2. Payments to or from governmental agencies; or
3. Solicitations made by an association or its authorized agents and employees to its own members and employees. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.035 Fee exemption.
Disabled veterans, as defined by Cal. Bus. & Prof. Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle, and vend any goods, wares or merchandise owned by them, except alcoholic beverages. (Ord. 701 § 2 (Exh. 1), 2012)
5.08.040 Application procedure.
A. Filing of an Application. An application for a permit for solicitation shall be filed with the finance director. The application shall be reviewed by the finance director and the chief of police in conformance with the standards set forth in this chapter. The city, through the finance director, shall either grant or deny the requested permit to conduct solicitation within ten calendar days of the date the application is made. In the event the finance director fails to act upon an application within the time prescribed herein, the permit shall be deemed granted.
B. Contents of Application. An application for a solicitation permit shall include the following information:
1. If the applicant is an individual, the name, address, and telephone number of the applicant;
2. If the applicant is not an individual, the applicant’s correct legal name, taxpayer identification number (if applicable), address of its principal office, and the names, addresses and telephone numbers of the applicant’s principal officers and executives;
3. The name, address and telephone number of the person or persons who will be in direct charge of conducting the solicitation. If such person will not be physically located within thirty miles of the borders of the city at all times that the solicitation will be conducted, the applicant shall, in addition, designate a contact person who will be so physically located and shall provide the name, address and telephone number of such person;
4. The names of all fundraisers or solicitors connected with, or to be connected with, the proposed solicitation, a copy of a valid photo identification (driver’s license or other) of all such persons showing each such person’s face in a clear and distinguishable manner, and a recent photograph of each such person’s face not exceeding two inches in size in any dimension;
5. A description of the method or methods to be used in conducting the solicitation;
6. The time when such solicitation will be made, giving the intended dates and the hours or day for the commencement and termination of the solicitation;
7. A statement to the effect that, if the permit is granted, it will not be used or represented in any manner as an endorsement by the city or by any department or officer thereof;
8. A statement that the applicant has received and read all city ordinances, rules and regulations governing the manner in which solicitation may be conducted and will provide a copy to each person soliciting on behalf of the applicant, and that the applicant and each person soliciting on behalf of the applicant will comply with all such ordinances, rules and regulations;
9. The signature of the applicant if the applicant is an individual, of the managing general partner if the applicant is a partnership, or of an officer if the applicant is a corporation or an association. At the time the individual signs the application, said individual shall swear before an officer authorized to administer oaths that he or she has carefully read the application and that all the information contained therein is true and correct;
10. If the applicant is other than the owner or an officer of a company or organization for which the solicitation is proposed to be conducted, the application must be accompanied by a letter from that company or organization stating that the applicant is authorized to solicit on its behalf;
11. The required fee; and
12. If the applicant is unable to provide any of the required information, an explanation of the reasons why any information required herein is not available.
C. Change in Information. 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 set forth in the application, the applicant shall notify the finance director in writing thereof within twenty-four hours after such change.
D. Charitable Solicitations. If the applicant is a charitable association or if the applicant is to be engaged by a charitable association to conduct the solicitation, documents which evidence the tax-exempt status of the charitable association and its relationship, if any, to the applicant are required. If the applicant is a “commercial fundraiser for charitable purposes” as defined in Cal. Gov. Code § 12599, documents which evidence compliance by the applicant with the provisions of Cal. Gov. Code § 12599 et seq. are required.
E. Commercial Solicitations. In addition to the requirements set forth in subsection B of this section, any person applying for a permit to conduct commercial solicitation shall include in the application the following information for each individual who will be engaged in such solicitation:
1. A description of any criminal offense, other than a minor traffic violation, of which such individual has been convicted setting forth the nature of the offense, date of conviction, and the jurisdiction in which the conviction occurred;
2. The fingerprints of each such individual, which shall be used by the city to confirm the validity of the information contained in the application;
3. The name, home address, Social Security number, and driver’s license number of each such individual; and
4. A photocopy of the state-issued photo identification card (driver’s license or other) of each such individual. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 628 § 1, 2001; Ord. 565 § 3, 1993)
5.08.050 Investigation.
Applicants for permits to conduct charitable solicitations shall make available for inspection all of the applicant’s financial books, records and papers at any reasonable time before the application is granted and during the time a permit is in effect. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.060 Permitting procedure.
A. Issuance of Permit. The finance director shall issue a permit for solicitation unless any of the following have been demonstrated:
1. That the applicant has failed to provide information required pursuant to this chapter.
2. That any statement made in the application is false.
3. That the applicant has not paid the business license tax, if any, required pursuant to Chapter 5.16 PVEMC.
4. That the applicant or any individual whom the applicant proposes to authorize to conduct a solicitation on its behalf is a registered sex offender under Cal. Pen. Code § 290, or was convicted at any time within the ten-year period preceding the date of the application of any crime involving the intentional infliction of bodily injury or the theft of any property.
B. Authority of the Finance Director. Nothing in this section shall be construed as granting to the finance director, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions or beliefs of the applicant, the permittee, or the person such applicant or permittee represents, or for any other reasons not specifically set forth in this section.
C. Cost of Permit. Applicant shall pay a permit fee as established by resolution; provided, however, that a permit issued for charitable contribution solicitation shall be exempt from the fee.
D. Form of Permit. Permits issued under this chapter shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permittee may solicit, 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, or of the person conducting, the solicitation and, in the case of charitable associations, a brief statement describing by approximate percentage the proposed disbursement of all funds to be solicited under the permit. All permits must be signed by the finance director.
E. Term of Permits. All permits issued under this chapter shall be valid for a period of one month from the date of issuance unless revoked or suspended or renewed pursuant to the provisions of this chapter.
F. Permit Nontransferable. Any permit issued under this chapter shall not be transferable or assignable. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 628 § 2, 2001; Ord. 565 § 3, 1993)
5.08.070 Identification cards.
A. Contents of Identification Card. All persons personally conducting solicitations shall obtain an identification card from the city which shall include the permit number, the name and street address of the permittee, a statement describing the permittee’s purpose and activity, the name and signature of the solicitor to whom the card is issued, a photograph of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, a statement that additional data regarding the permittee is on file with the finance director and available for inspection, and a statement printed prominently on the card which shall state: “This identification card is not an endorsement of the solicitation by the City of Palos Verdes Estates or any of its departments, officers or employees.”
B. Fee for Identification Card. The cost for issuance of the identification card shall be established by resolution and shall be paid by the applicant prior to card issuance.
C. Card to Be Carried and Displayed. No person shall solicit unless an identification card is exhibited and read to the person solicited, or is presented for review by the person solicited, before accepting any contribution or making any commercial transaction.
D. Repeal or Revocation of Identification Card. If a permit issued pursuant to this chapter is denied or revoked, all identification cards issued to persons conducting solicitations under the provisions of this chapter shall be canceled and such cards shall be returned to the finance director within forty-eight hours from the time of receipt of such notification.
E. School Identification Cards. The police chief may permit children under the age of eighteen who are soliciting for charitable purposes in connection with the Palos Verdes Peninsula Unified School District to utilize identification cards issued by such school district in lieu of the identification card otherwise required by subsection A of this section. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.080 Denial of permit.
In the event that the finance director denies a permit, the finance director shall, within five business days, notify the applicant by mail with proof of service, stating with specificity the reasons for such denial. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.090 Suspension or revocation of permit.
A. Grounds for Revocation. A permit shall be revoked if the permit holder or any person soliciting on behalf of the permit holder violates any of the provisions of this code or misrepresents to a person being solicited the purpose of the solicitation.
B. Notice – Suspension. Whenever it shall be shown that grounds for revocation exist, the finance director shall suspend the permit by issuing to the permittee notice of the suspension, stating with specificity the reasons for suspension. Such notice shall be provided by registered or certified mail or by personal service of the notice of the permittee. The suspension shall become effective on the third calendar day after service by mail of the suspension notice, or immediately upon personal service of the notice.
C. Notice – Revocation Hearing. The suspension notice shall set the matter for hearing before the finance director within three business days of the effective date of the suspension.
D. Revocation. The finance director shall, based upon the evidence presented at the hearing, render a decision within one business day thereafter either revoking the permit or ending the suspension and reinstating the permit.
E. Notification to the Chief of Police. The chief of police shall be notified by the finance director of the suspension, revocation or reinstatement of any permit issued under this chapter and the effective date thereof. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.100 Appeal.
If an applicant or permittee is aggrieved by any action to deny or revoke a permit by the finance director, such applicant or permittee shall have the right to appeal such decision to the city manager. The notice of appeal shall specifically set forth the grounds for the appeal and shall be filed within five calendar days after the mailing or personal delivery of a notice of denial or revocation. The city manager shall hear the applicant/permittee or a designated representative, receive relevant information and documents, and act on the appeal within five days of receiving the appeal. The city manager’s decision shall be final. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.110 Renewal of permit.
A permit shall be renewed within ten calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this chapter or code has been committed. The finance director may require a new application subject to the provisions of this chapter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 565 § 3, 1993)
5.08.120 Solicitation procedures.
A. General Requirements.
1. No person required to obtain a permit in accordance with the requirements of this chapter shall solicit except pursuant to a permit issued under this chapter, or without having in his or her possession an identification card as provided in PVEMC 5.08.070.
2. No person shall solicit within the city after the permit issued by the city has expired, unless such permit has been renewed.
3. No person shall solicit at any dwelling or commercial establishment where there is a sign indicating “No Soliciting,” “Do Not Disturb,” or “No Trespassing,” or otherwise indicating that the occupants or owners do not wish to be solicited or have their privacy disturbed.
4. No solicitor shall touch, come into physical contact with, or affix any object to another person without first receiving express permission therefor from such person.
5. No solicitor shall request or demand admission to the interior of the property of any person being solicited.
6. No solicitor shall step over the threshold of any door located on private property where such property is not otherwise open to the public unless invited to do so by the owner or occupant of such property.
7. No solicitor may insistently solicit any person who has expressed his or her desire not to be solicited.
8. A solicitor shall leave the premises when asked to do so.
9. No solicitor shall intentionally or deliberately obstruct the free movement of any person on any street, sidewalk or other place or in any place generally open to the public.
10. No solicitor shall place any portion of his or her body in any doorway so that it would reasonably appear to another person that the door could not be closed.
11. No person shall alter an identification card issued by the city without the express approval of the finance director.
12. No person shall directly or indirectly solicit contributions from any person by misrepresentation of his or her name, occupation, physical or mental condition, financial condition, residence, or principal place of business, and no person shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation, or in any application or report filed under this chapter.
13. No charitable association or professional fundraiser permitted to solicit for a charitable association shall use statements or materials indicating such contributions are being raised for any organization which has not given its explicit written consent for the solicitation or such contributions.
14. No person shall solicit in the city for any purpose other than the purpose(s) specified in the application upon which the permit was issued.
B. Books and Records. No person shall solicit any contributions for a charitable purpose without maintaining a system of accounting whereby all receipts and disbursements are entered upon the official books or records by such person’s treasurer or other financial officer, in accordance with generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.
C. Hours of Solicitation. It shall be unlawful for any person to enter upon private residential premises after seven p.m. or earlier than nine a.m. of any day for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises. This subsection shall not be interpreted to grant any person permission to enter upon private property.
D. Written Receipts Required. Any solicitor receiving money or anything having a value of ten dollars or more from any person under a solicitation made pursuant to a permit issued under the provisions of this chapter shall give to such person a written receipt, signed by the solicitor, showing plainly the name and permit number of the person under whose permit the solicitation is conducted, and the date and the amount received; provided, however, that this requirement shall not apply to any contributions collected by means of a closed box or receptacle used for solicitation with the written approval of the finance director where it is impractical to determine the amount of each such contribution. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 628 § 1, 2001; Ord. 565 § 3, 1993)
5.08.130 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 2, 2001)