Chapter 5.28
CHARITABLE SOLICITATION
Sections:
5.28.020 Administration – City manager.
5.28.030 Permit – Required – Exemption.
5.28.040 Permit – Application – Filing – Contents.
5.28.050 Permit – Investigation.
5.28.060 Permit – Health department approval – When required.
5.28.070 Permit – No fee required.
5.28.080 Permit – Issuance – Required facts.
5.28.090 Permit – Contents – Term – Extension of term.
5.28.100 Permit – Nontransferable.
5.28.110 Permit – Denial – Hearing – Report.
5.28.120 Permit – Suspension – Notice to permit holder – Hearing.
5.28.130 Permit – Suspension – Notice to police chief.
5.28.150 Written receipt to contributor.
5.28.160 Solicitations by telephone.
5.28.180 Moneys raised by one organization for another.
5.28.190 Fictitious names and misstatements prohibited.
5.28.200 Aggressive soliciting prohibited.
5.28.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:
“Charitable” means and includes patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
“City manager” means the city manager of the city of Seaside, or his designee.
“Contributions” means and includes alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.
“Organization” means any individual, firm, copartnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, assignee, agent, society league, trustee, receiver or other similar representative thereof.
“Promoter” means any organization which promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation.
“Religious” and “religion” do not mean and include the word “charitable” as defined in this section, but shall be given their commonly accepted definitions.
“Solicit” and “solicitation” mean the request, directly or indirectly, of money, credit, property, financial assistance, or any other thing of value on the plea or representation that such money, credit, property, financial assistance, or any other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words also mean and include the following methods of securing money, credit, property, financial assistance or any other thing of value on the plea or representation that it will be used for a charitable or religious purpose as defined below in this subsection:
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 request over the radio, by telephone, telegraph or to the press to attend, patronize or contribute to any assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social or other gathering for the purpose of furthering 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 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 any such sale will go or be donated to any charitable or religious purpose.
Solicitation, as defined in this section, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section. (Ord. 775 § 1 (Exh. A), 1990)
5.28.020 Administration – City manager.
A. The city manager or designee shall administer the provisions of this chapter.
B. The city manager shall receive all applications, statements, investigations, credentials, notices, requests and reports filed pursuant to this chapter.
C. The city manager shall further prepare proper forms for the administration of this chapter. (Ord. 1042 § 2 (Att. C), 2017; Ord. 775 § 1 (Exh. A), 1990)
5.28.030 Permit – Required – Exemption.
No person shall solicit contributions for any charitable or religious purpose within the city without a valid, current permit authorizing such solicitations; provided, however, that the provisions of this section shall not apply to solicitations within the membership of a charitable or religious organization upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.6 of the Penal Code. (Ord. 775 § 1 (Exh. A), 1990)
5.28.040 Permit – Application – Filing – Contents.
A. An application for a permit to solicit as provided by SMC 5.28.030 shall be made upon forms provided by the city.
B. Such application shall be signed under penalty of perjury of the person managing the solicitation activity and filed at least fifteen days prior to the time the solicitation activity is planned to commence; provided, however, that for good cause shown, the permit may be assigned an effective date less than fifteen days after the application.
C. The application required in this section shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:
1. The name and address of the organization applying for the permit;
2. If the applicant is not an individual, the names and addresses of the applicant’s principal officers;
3. The exact purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used;
4. The names, addresses, dates of birth, social security numbers and driver’s license numbers of all persons who will be soliciting or in direct charge of conducting the solicitation;
5. Whether applicant, its officers, employees or paid fund-raisers have ever been convicted of any crime involving soliciting or use of funds solicited for charitable purposes, or whether applicant, its officers, employees or paid fund-raisers have ever been enjoined from soliciting or had its application denied or permit revoked;
6. An outline or description of all methods to be used in conducting the solicitation;
7. The dates when solicitations shall be made;
8. The tax-exempt number of the applicant organization and a copy of the exemption letter from the federal or state taxing authorities;
9. The bank or other financial institution and the account number where all or any part of the funds raised by such activity will be placed on deposit or invested;
10. The name and address of a person available to accept service of notice and process during business hours on behalf of the permit holder;
11. Such other information in respect to the character, past activities and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the city manager to make a full and complete investigation;
12. If, while any application is pending, or during the term of any permit granted thereof, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the city in writing within twenty-four hours of such change. (Ord. 775 § 1 (Exh. A), 1990)
5.28.050 Permit – Investigation.
A. All applications shall be acted upon not later than two weeks after the date on which any such application is filed by the issuance of a permit or a letter of denial explaining the reason for denial. Such letters of denial shall be served upon the applicant by certified mail, and service shall be effective upon mailing.
B. The city may make or cause to be made any investigation which it deems necessary and upon request the applicant shall make available for inspection all of the applicant’s books, records and papers at any reasonable time before the application is granted, or during the time the permit is in effect. (Ord. 775 § 1 (Exh. A), 1990)
5.28.060 Permit – Health department approval – When required.
Organizations conducting solicitations pursuant to SMC 5.28.030 which include the sale of certain types of packaged, processed or prepared foods or of materials such as, but not limited to, used wearing apparel, bedding or other items commonly included in the term “rummage” shall do so in compliance with the applicable regulations of the state and the health department of the county. No charitable solicitation permit shall be issued for any such event without approval from the health department of the county. (Ord. 775 § 1 (Exh. A), 1990)
5.28.070 Permit – No fee required.
There shall be no fee for a permit or investigation conducted pursuant to this chapter. (Ord. 775 § 1 (Exh. A), 1990)
5.28.080 Permit – Issuance – Required facts.
The permit provided for in this chapter shall be issued whenever the following facts are found to exist:
A. All of the statements made in the application are true;
B. Neither the applicant organization nor its members, officers or agents have been convicted of engaging in any fraudulent transactions or enterprises;
C. The organization has not been denied a permit or had its permit for a charitable solicitation revoked, unless that organization can show that the circumstances of the solicitation are substantially different from the circumstances of the denial or revocation and will not constitute a fraud on the public;
D. The health department approval, if required by SMC 5.28.060, has been obtained;
E. The applicant has complied with all other applicable permitting and licensing requirements;
F. Past solicitations, if any, in this city by the same organization, or by another organization having some of the same members, officers or agents, were not conducted so as to constitute a fraud or deception on the public;
G. All organizations for which the funds are to be raised are tax-exempt. (Ord. 775 § 1 (Exh. A), 1990)
5.28.090 Permit – Contents – Term – Extension of term.
A. Permits issued under this chapter shall bear the name and address of the charitable organization and of the person by whom the 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 or of the organization conducting the solicitation.
B. All permits must be signed by the city manager.
C. No permit may grant the right to solicit longer than ninety days from its date of issuance, but any permit may be extended for not more than ninety additional days upon a showing that unnecessary hardship would be created by a failure to extend the original ninety-day period for such additional days. (Ord. 775 § 1 (Exh. A), 1990)
5.28.100 Permit – Nontransferable.
Any permit issued under this chapter shall be nontransferable. All permits and facsimile copies thereof shall be destroyed within two days of their date of expiration. (Ord. 775 § 1 (Exh. A), 1990)
5.28.110 Permit – Denial – Hearing – Report.
A. Within ten days after service of notification by certified mail that an application for a permit to solicit under this chapter has been denied, the applicant may file a written request with the city manager for a hearing on the application together with written exceptions to the findings of fact upon which the application was denied.
B. Upon the filing of such a request, the city manager or his designee shall fix a time and place for the hearing and shall notify by certified mail the applicant thereof. The hearing shall be held within five days after the request is filed.
C. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested person may, in the discretion of the city manager, be allowed to participate in the hearing and present evidence in opposition to the application and exceptions.
D. Within ten days after the conclusion of the hearing, a written report shall be rendered either granting or denying the application for a permit. The report shall state the facts upon which the application was granted or denied. This report shall be filed with the council and shall be available for public inspection. A copy shall be served by certified mail upon the applicant and all parties to the hearing, and such service shall be effective upon mailing.
E. The council may, upon request of the applicant, review the findings and render a decision based on the facts presented by the city manager and the applicant. (Ord. 775 § 1 (Exh. A), 1990)
5.28.120 Permit – Suspension – Notice to permit holder – Hearing.
A. Whenever the city manager has a reasonable suspicion that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter or state law, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the city manager shall immediately suspend the permit. The permit holder or the person designated by the permit holder to accept notices shall be served with written notice of a hearing before the city manager to be held within five business days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the permit was suspended.
B. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the suspension of the permit was based, and any other facts which may aid in determining whether this chapter or state law have been violated and whether the purpose of the solicitation has been misrepresented.
C. If, after such hearing, it is found by the city manager that this chapter has been violated, or the purpose of the solicitation has been misrepresented, within two days after the hearing there shall be filed with the city clerk for public inspection and served by certified mail upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which such findings were based. Service shall be effective upon mailing. The permit shall then be deemed immediately revoked.
D. If, after such hearing, it is found that the city or state law has not been violated and the purpose of the solicitation has not been misrepresented, within two days after the hearing the permit holder shall be served by certified mail a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed. Said service shall be effective upon mailing. It is unlawful for any permit holder to engage in solicitations during any period that such permit is suspended. (Ord. 775 § 1 (Exh. A), 1990)
5.28.130 Permit – Suspension – Notice to police chief.
The chief of police of the city shall be notified forthwith of the action granting or denying any permit under this chapter or suspending or revoking any permit heretofore granted. (Ord. 775 § 1 (Exh. A), 1990)
5.28.140 Credentials.
A. All persons to whom permits 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 permit holder; the name, address, age, sex and signature of the solicitor; the permit number; a supervisor or other contact person for the permit holder and a telephone number where such contact person may be reached; and the specific period of time during which said solicitor is authorized to solicit on behalf of the permit holder. No person or organization shall solicit under any permit granted under this chapter without the credentials required by this section. Said credentials must be shown and a copy furnished upon request to all persons solicited and to any official or peace officer of the city.
B. No agent or solicitor shall solicit contributions for any charitable or religious purpose for any organization in the city unless such person has been granted a permit under the provisions of this chapter. (Ord. 775 § 1 (Exh. A), 1990)
5.28.150 Written receipt to contributor.
Any person receiving money or anything having a value of one dollar or more from any contribution under a solicitation made pursuant to a permit granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, that this section does not apply to any contributions collected by means of a closed box or receptacle used in solicitations with the written approval of the city manager, where it is impractical to determine the amount of such contributions. (Ord. 775 § 1 (Exh. A), 1990)
5.28.160 Solicitations by telephone.
A. The requirements for obtaining permits in SMC 5.28.030 and 5.28.040 shall apply to all organizations soliciting charitable or religious contributions by telephone.
B. All persons soliciting by telephone shall, upon request, clearly disclose the information required of credentials as set forth in SMC 5.28.140.
C. If a gift is subsequently made, a copy of the aforementioned credentials, along with the receipt required by SMC 5.28.150, shall be mailed to or otherwise delivered to the donor. (Ord. 775 § 1 (Exh. A), 1990)
5.28.170 Accounting.
No person shall solicit any contributions for any charitable or religious purpose in the city without maintaining a system of accounting whereby all donations to it and all disbursements are recorded in a comprehensible manner. All such records shall be maintained for a period of one year following the expiration of the charitable solicitation permit. (Ord. 775 § 1 (Exh. A), 1990)
5.28.180 Moneys raised by one organization for another.
A. When moneys are raised by one organization in the name of another organization, a receipt of amount received by the beneficiary organization shall accompany the financial statement submitted pursuant to this chapter.
B. Failure to furnish such a receipt may, at the discretion of the city manager or his designee, result in the denial of any further permits to the soliciting organization, the beneficiary organization or for the benefit of the organization. (Ord. 775 § 1 (Exh. A), 1990)
5.28.190 Fictitious names and misstatements prohibited.
No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, background or residence, and no person shall make or perpetrate any other misstatement, deception or fraud in connection with any solicitation of any contribution in the city, or in any application or report filed under this chapter. (Ord. 775 § 1 (Exh. A), 1990)
5.28.200 Aggressive soliciting prohibited.
It is unlawful for any person to whom a permit has been issued under this chapter, on the streets, sidewalk or other places open to the public, whether publicly or privately owned, including parks, to harass or hound another person, or engage in solicitation activities which are not constitutionally protected, for the purpose of inducing that person to give money or other thing of value. For the purpose of this section, an individual (solicitor) harasses or hounds another (solicitee) when the solicitor follows, touches, impedes access, threatens, intimidates or coerces the solicitee and requests money or other thing of value after the solicitee has made it known to the solicitor, by words or gestures, that the solicitee does not want to give money or other thing of value to the solicitor. The permit of any permit holder engaging in the activities described herein shall be subject to suspension and/or revocation pursuant to SMC 5.28.120. (Ord. 824 § 1, 1993)