34.1.1 LICENSE TAX.
(Amended by O-2129; O-2288; O-2363; O-2843; O-3170; O-3229; O-3354; O-3364)
In addition to the license tax payable under this Division as required for a resident business, there shall be payable:
a) An annual tax of One Hundred Dollars ($100.00)* for each person acting as a canvasser or solicitor in the City, which One Hundred Dollar ($100.00)* tax shall be prorated by the unexpired quarters, or, at the discretion of the licensee;
b) An annual tax of Eight Hundred Sixty-Five Dollars ($865.00)* plus an additional annual tax of Thirty-Two Dollars ($32.00)* for each person representing the licensee as canvasser or solicitor in the City. The additional Thirty-Two Dollars ($32.00)1 shall not be prorated.
34.1.2 DEFINITION.
(Amended by O-3400)
Canvasser or solicitor shall mean an individual, whether resident of the City or not, traveling either by foot or by vehicle or by any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of real or personal property or for service to be furnished or performed whether or not such person has for sale or sample the subject of such sale, or whether he is collecting advance payments on such sale or not. Such definition shall include any person who for himself or for another hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery. Canvassers or solicitors shall not include California licensed real estate brokers or agents in the normal course of their real estate practice.
34.1.3 APPLICATION OF ARTICLE.
The provisions of this Article are applicable to all canvassers and solicitors, as herein defined, but shall not apply to salesmen calling on established business in the City.
34.1.4 CONDITIONS FOR ISSUANCE OF LICENSE.
No license shall be issued under the provisions of this Article whether pursuant to Sections 34.1.1. and 34.1.2. hereof, or otherwise:
a) Until the applicant has furnished the License Supervisor with a statement containing the following information:
1) Name and address of applicant and type of business for which license is required;
2) Name and address of person, firm or corporation represented by applicant;
3) Letter authorizing applicant to represent said person, firm or corporation;
4) Record of convictions for violation of any law, except minor traffic laws;
5) Name and address of persons by whom applicant has been employed for the past five (5) years (not over five);
6) Names and addresses of three (3) responsible persons who have known applicant for more than three (3) years;
7) Fingerprints of applicant;
8) Two (2) copies of a one (1) inch square photograph of applicant taken within two (2) years from date of application, one of which shall be attached to the license certificate or identification card, if the same is issued, and the other to be retained by the License Supervisor;
9) Such other information as the License Supervisor may require.
b) and except as provided in Section 34.1.1. herein, until the following conditions have been satisfied:
1) The application shall have been approved by the Chief of Police. If it is the judgment of the Chief of Police that the granting of the license would probably be detrimental to the public peace, morals or safety, or if it is found that the applicant has been convicted of any crime involving moral turpitude, the Chief of Police shall recommend to the License Supervisor that the application be denied;
2) The application shall have been approved by the Chief of the Fire Prevention Bureau where such approval is otherwise required by the laws of the City;
3) The application shall have been approved by the County or City Health Officer where such approval is otherwise required by the laws of the City.
34.1.5 HOURS OF CANVASSING OR SOLICITING.
(Amended by O-1708)
No canvasser or solicitor selling or pretending to sell, or offering for sale or demonstration, goods, wares or merchandise of any kind or character, or any article, material or substance, shall ring the bell or knock on the door of, or attempt to gain entrance to, any residence, dwelling, flat, or apartment after 9:00 P.M., in the evening of any day and before 9:00 A.M. in the morning of any day.
34.1.6 SIGNS APPLYING TO CANVASSERS OR SOLICITORS.
(Amended by O-1708; O-3357; O-3381)
a) No person for the purpose of peddling or soliciting, or pretending to peddle or solicit shall ring the bell or knock at or on any door or building, or attempt to gain admittance to or cause or hire others for the purpose of peddling or soliciting to attempt to gain admittance to any premises whereon a sign bearing the words: "No Trespassing," "No Peddlers," "No Advertisement," "No Canvassers," "No Solicitors" or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed.
b) The above provision shall apply to either canvassers, solicitors or both of them if any sign bears the words set forth in this section or refers by other terms to those persons who are defined in Section 34.1.2
c) The provisions of this Section shall not apply to any peddler or solicitor who knocks at any door or rings any bell at the prior invitation or with the prior consent of some member of the household at which he so applies for admission.
34.1.7 MINORS.
(Amended by O-1387; O-1725)
a) No licensee or person required to have a license by the provisions of this Code shall permit children under the age of sixteen (16) years to canvass or solicit, unless accompanied by an adult: provided, however, that no more than five (5) such children may canvass or solicit under the supervision of one (1) adult where such solicitation is conducted in a group, each member of which can be visually observed at all times by such adult;
b) In no event shall any children under the age of sixteen (16) years be permitted to solicit funds after the hour of 6:00 P.M. during the months of May, June, July and August or after the hour of 5:00 P.M. during all other months;
c) This Section shall not apply to newsboys selling, delivering or making collections for newspapers or magazines; provided, however, that no such sales, deliveries or collections shall be made after the hour of 9:00 P.M.
34.1.8 INTERSTATE AND FOREIGN COMMERCE EXEMPTION.
(Amended by O-1708; O-2129; O-2288)
a) Any person claiming to be engaged in interstate or foreign commerce shall file a verified statement with the License Supervisor disclosing the basis upon which he claims such exemption, which statement shall contain such information as required by the License Supervisor and the City Attorney.
b) Upon the filing of the statements as hereinabove required by this Section, the License Supervisor shall present the same to the City Attorney. If it appears to the City Attorney that the applicant is entitled to exemption from the payment of a license tax he shall approve the issuance of a license without the payment of a tax. The License Supervisor shall thereupon forthwith comply with said approval.
c) Notwithstanding the provisions of subsection a) and b), a processing and investigation fee of $8.502 shall be charged to each applicant for a canvassers or solicitors license.
34.1.9 DISABLED VETERAN’S EXEMPTION.
(Added by O-196; Amended by O-846)
a) Every disabled veteran of the United States shall receive a canvassers and solicitors license free of charge to said person, provided that the applicant has filed with the License Supervisor, as proof of his right to said exemption, the following documents:
1) A certificate of honorable discharge from any of the Armed Forces of the United States, or a certified or exemplified copy thereof;
2) A certificate of total disability, issued by the United States or a certified or exemplified copy thereof; or
3) A certificate of disability in the amount of fifty (50) percent or more issued by the United States, or a certified or exemplified copy thereof, and a statement that the applicant is physically unable to earn his livelihood by manual labor signed by a practicing physician or surgeon employed by the United States, or the County of Los Angeles, or by any physician or surgeon who is engaged in private practice in the City.
b) No license issued pursuant to this Article shall be assigned or transferred and no person, except the person named in said license, shall be permitted to carry on any of the business authorized by such license;
c) The exemption provided in this Section is personal to the veteran exempted from the payment of a license tax, and shall not apply to any other business conducted by such veteran in which others are employed or to any business other than house-to-house, or place-to-place canvassing or soliciting of merchandise, or soliciting orders thereof by such veteran personally.
34.2.1 FUND CERTIFICATE.
(Amended by O-2970; O-2980)
a) Except as hereinafter provided, no person shall solicit funds for himself or on behalf of any other person without a certificate to do so and except in compliance with the provisions of this Article. When such certificate has been issued to any person, other than an individual, the individual agents and solicitors for such person shall not be required to obtain individual certificates, but shall be required to have and keep with them and available for inspection a true and legible copy of the original certificate issued to the person on behalf of whom or which the solicitation is being done.
b) The provisions of this Article shall apply to telephone solicitations where any portion of the process, including the making of telephone calls or the physical collection of monies solicited occurs in the City.
34.2.2 FUNDS DEFINED.
Funds shall mean money or property other than money and a subscription, pledge or promise to pay money, or property other than money.
34.2.3 LICENSE TAX.
No license tax shall be required as a condition of the issuance of a fund certificate nor shall any license tax be required of any person holding a fund certificate, or of those individual persons authorized to solicit funds thereunder, as a corollary of such person’s right to conduct such solicitation.
34.2.4 APPLICATION.
a) An application for a fund certificate shall be made to the License Supervisor on forms furnished by him. The License Supervisor shall require of the applicant such information as is reasonably necessary to enable the License Review Board to determine whether or not to issue the certificate.
b) Unless waived by the License Supervisor, the application shall be filed at least fifteen (15) days prior to the effective date of the certificate.
34.2.5 INVESTIGATION
(Amended by O-2970; O-2980; O-3053; O-3055)
a) Immediately upon receipt of an application for a fund solicitation certificate, the Revenue Administrator shall review, or cause to be reviewed, the said application. The Revenue Administrator shall thereupon either accept the application as complete or he shall advise the applicant that additional information will be required to constitute a complete application. If the applicant has submitted the application in person, the applicant shall be told of the acceptance, or of the need for additional information at the time of submission. In the event the application is received by the Revenue Administrator in the mail, the Revenue Administrator shall dispatch or cause to be dispatched a written response to the applicant within twenty-four (24) hours of the fact of acceptance of the application, or of the need for additional information.
b) Within three (3) working days after receipt of a complete application, the Revenue Administrator shall commence, or cause to be commenced, an investigation of the applicant, in order to verify the information contained in the application and the supporting data as required by Section 34.2.6. All inquiries shall be initiated within five (5) working days thereafter, except as provided in this Section. The investigation shall be completed within three (3) working days after receipt of all responses to inquiries, but in no event later than twenty-one (21) working days after initiation of the said inquiries. In the event the Revenue Administrator receives any information, in answer to inquiries or otherwise, which tends to show that any of the criteria for issuance of a certificate cannot be met, he shall advise the applicant within twenty-four (24) hours of receipt of such information, of the fact of such information; and shall allow applicant to file a response.
c) Upon request by the Revenue Administrator, the applicant shall make available for inspection by the Revenue Administrator, or any person designated by the Revenue Administrator, at the Revenue Administrators office, those books and other financial records which contain the information required for the application, and other supporting data required by Section 34.2.6. Applicant is not required to disclose, and the Revenue Administrator shall not seek, trade secrets or other legally privileged financial information. Any such inspection of the applicant’s books or other financial records shall be done during business hours, at the convenience of the applicant, shall be completed within twenty-one (21) working days after commencement of the investigation provided in (b) above, and shall not require access to applicant’s books and other financial records for more than four (4) working days, provided applicant makes such books and other financial records available in a timely manner to the Revenue Administrator.
d) Upon completion of the investigation, the Revenue Administrator shall set the application for hearing at the next regular meeting of the License Review Board which will permit not less than five (5) days’ notice to interested parties and the applicant. The Revenue Administrator shall submit to the applicant and the License Review Board the results of his investigation and any response to adverse information submitted by the applicant.
34.2.6 REQUIREMENT FOR CERTIFICATE.
(Amended by O-2970; O-2980)
Together with its application, each applicant shall submit the following documents or evidence of having taken the required actions:
a) Applicant or applicant’s organization, its officers, employees and administrative staff have no record of conviction of any crime of moral turpitude involving fraud, theft, larceny or embezzlement or any violation of any federal or state statute in the course of operating a financing activity substantially similar in nature to the one proposed.
b) Applicant shall screen all of its canvassers and solicitors for the matters specified in subsection a) and, in addition, shall screen such canvassers and solicitors who may have personal contact with the public to exclude persons having been convicted of robbery, burglary, or any crime of violence against persons or property and shall so certify.
c) Applicant shall provide to the City a record of its income and expenses for the three (3) years preceding the application and said record shall have been audited pursuant to recognized accounting standards. The records shall disclose all income and expenses of the applicant for the period in question with specific indication of which expenses are program expenses and which are expenses of fund solicitation and financing.
d) Applicant shall provide a budget for the current fiscal year and a budget for the proposed fund solicitation showing the cost thereof.
e) Applicant shall provided a copy of any prepared text or material to be used in the proposed fund solicitation.
34.2.7 ISSUANCE OF CERTIFICATE.
(Amended by O-2970; O-2980; O-3053; O-3055)
a) The License Review Board shall conduct a hearing at the time set by the Revenue Administrator as provided in Section 34.2.5 above, and no such hearing shall be continued without the agreement of the applicant.
b) The License Review Board shall issue a fund solicitation certificate to the applicant if it finds:
1) That all the statements made in the application and other supporting data are true.
2) That the purpose of the solicitation is to finance a charitable, benevolent, religious or political cause, as described in the application.
3) That the solicitation materials are not extortionate or otherwise in violation of the law, and they are not misleading or inaccurate when reviewed with the application and supporting data, and the facts established by the Revenue Administrator’s investigation.
4) That no other charitable solicitations are occurring during the same time period in the same geographic locations.
5) That the duration of the solicitation will not exceed four (4) weeks.
34.2.8 CONDUCT OF SOLICITATION.
(Amended by O-1387; O-1725; O-2970; O-2980; O-3053; O-3055; O-3070)
a) Applicant, or any person engaging in solicitation on behalf of an applicant, shall fully identify themselves, the organization they represent, that they are soliciting funds on behalf of that organization, and the purpose for which the funds obtained will be used.
b) All persons engaging in solicitation shall present to each person solicited for examination an identity card stating their name, age, height, weight, skin, hair and eye color, picture, social security number, the name of their employer and of the organization represented if the two differ, and the dates for which the solicitation is authorized.
c) No solicitation shall be done after 9:00 p.m. in the evening of any day and before 9:00 a.m. in the morning of any day.
d) Prior to soliciting any funds, any person engaged in solicitation shall present to the person solicited, for examination, copies of the information specified in Section 34.2.6
e) During the course of the solicitation, the certificate holder shall make available to the Revenue Administrator, upon request, at the Revenue Administrator’s office, its books and other financial records dealing with the costs and revenues of the charitable fund solicitation which is the subject of the certificate issued pursuant to this Chapter. Said books and other financial records need be available only during business hours, and for no more than four (4) days, and for not more than one such review during the course of the fund solicitation.
f) At the conclusion of the fund solicitation, and within eight (8) months thereafter, the certificate holder shall make available to the Revenue Administrator upon request, at the Revenue Administrator’s office, its books and other financial records dealing with the costs and revenues of the charitable fund solicitation which is the subject of the certificate issued pursuant to this Chapter. Said books and other financial records need be made available only during business hours, and for no more than five (5) days, and for not more than one such review following the conclusion of the fund solicitation.
34.2.9 EMPLOYEES.
(Amended by O-2970; O-2980)
a) No person having a fund solicitation certificate, or required to have such certificate, shall permit children under the age of sixteen (16) years to solicit funds unless accompanied by an adult; provided, however, that not more than five (5) such children may solicit funds under the supervision of one (1) adult where such solicitation is conducted in a group, each member of which can be visually observed at all times by such adult.
b) In no event may any children under the age of sixteen (16) years be permitted to solicit funds after the hour of 6:00 P.M. during the months of May, June, July of August or after the hours of 5:00 P.M. during all other months.
c) No minor may work more than eight (8) hours in any day.
d) No person who is paid to engage in fund solicitation may receive less than the federal minimum wage. If payment on a commission basis, the average amount received, divided by the hours worked, may not be less than the federal minimum wage.
34.2.10 RENEWAL OF CERTIFICATE.
(Amended by O-2970; O-2980)
a) Upon the expiration of any certificate, and if requested in writing to do so, the Revenue Administrator may renew the certificate if no violation of this Article has occurred.
b) If a violation has occurred, he shall require a new application, which shall be processed in the same manner and by the same standards as the granting or withholding of the certificate in the case of an original application.
c) No new certificate or renewal of an original certificate shall be issued for more than four (4) weeks.
34.2.11 WAIVER.
(Amended by O-2970; O-2980)
a) The License Review Board may waive or modify the requirements of this Article upon request of an applicant if it finds any of the following:
1) The requirement is unreasonable, burdensome and oppressive as applied to the proposed solicitation in question.
2) Strict enforcement of the requirement is not necessary to prevent fraud or other criminal activity.
3) Other means that are as effective and less burdensome exist to protect the interests or provide the information sought by this Article and such alternative means will be used.
4) The solicitation will support a project of overriding public interest which would not otherwise be able to obtain funding.
5) The applicant has conducted a solicitation in the same or a substantially similar purpose for a period of not less than five (5) years next preceding the dates applied for without any complaints as to its solicitation having been substantiated by the City, and without any violations of law involving fraud, moral turpitude or matters relevant to the policies of this Article.
b) The License Review Board may, in granting a waiver, impose reasonable conditions designed to carry out the policies of this Article.
34.2.12 RELIGIOUS AND POLITICAL ORGANIZATION.
a) Notwithstanding the above provisions of this Article, upon the receipt of an application for a fund certificate by a religious or political organization in the form prescribed in Section 34.2.1, the License Supervisor shall forthwith issue such certificate to the applicant;
b) Following the issuance of such certificate, the License Supervisor shall make the investigation required by Section 34.2.5., and submit the application to the License Review Board as soon as practicable thereafter;
c) If the License Review Board determines that the certificate ought to have been issued in conformance with the standards set forth in Section 34.2.4., no further action shall be taken. If the License Review Board determines that the applicant does not so qualify for a certificate, then it shall suspend the certificate and hold a hearing to determine whether or not to revoke the certificate in accordance with the procedure for revocation and suspension of licenses set forth in Article 9;
d) Except as provided in this Section, the provisions of this Article shall apply to all religious and political organizations.
34.2.13 EXCEPTION.
The provisions of this Article shall not apply to any established person organized and operated exclusively for charitable, benevolent, religious or political purpose and not operated for the pecuniary benefit of any person if the solicitations by such established person are conducted only among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or the solicitations are in the form of collections or contributions at the regular meetings, assemblies or services of any established person.
Fees increased/decreased pursuant to Section 31.2.16.
Fees increased/decreased pursuant to Section 31.2.16.