Chapter 8.18
Charitable Solicitations
Sections:
8.18.030 Registration required.
8.18.050 Unlawful solicitations.
8.18.070 Misrepresentation prohibited.
8.18.010 Definitions.
When used in this chapter, unless the context otherwise requires, the following definitions shall apply:
A. "Charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, religious, education, social, recreational or fraternal organization or any other person having or purporting to have a charitable nature and which solicits or solicits and collects contributions for any charitable purpose. The word "charitable" includes "religious" and shall otherwise have its common law meaning unless the context in which it is used clearly requires a narrower or broader meaning.
B. "Contribution" means the donation, promise or grant, for consideration or otherwise, of any money or property of any kind or value, which contribution is wholly or partly induced by solicitation.
C. "Direct solicitation" means solicitation in which an individual making a solicitation is in the immediate physical presence of any individual being solicited.
D. "Solicitation" means any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services or other thing in connection with which:
1. Any appeal is made for any charitable purpose; or
2. The name of any charitable organization or purpose is used as an inducement for consummating the sale; or
3. Any statement is made which implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. (Ord. 1418 §1(part), 1999).
8.18.020 Exemptions.
Except as otherwise specifically provided in other sections of this chapter, this chapter shall not apply to the following:
A. Any organizations which are organized and operated principally for charitable purposes, other than the raising of funds, when the solicitation of contributions is confined to the bona fide membership of the organization and when the solicitation is managed and conducted solely by officers and members of such organizations who are unpaid for such services. The recognition, through the possession of the appropriate federal income tax classification for such entities (Section 501(c)(3)) issued by the Internal Revenue Service of the United States of America shall be prima facie evidence of such exclusion. The term "membership" does not include those persons who are granted membership upon making a contribution as a result of solicitation;
B. Any solicitation conducted exclusively within any premises owned, leased, rented or otherwise under the lawful control of the person or organization making the solicitation. (Ord. 1418 §1(part), 1999).
8.18.030 Registration required.
A. A charitable organization shall register with the office of the clerk-controller at least ten days prior to conducting any solicitation in the city unless good cause is shown for failing to comply with this period. Such registrations shall be valid for such period as may be established by subsequent action of the council, through written resolution. In the absence of a different time period, a registration shall be good for ninety days from the date of receipt of a completed registration. Registration shall be on forms prescribed and provided by the clerk-controller and shall require the following information:
1. The name, address and telephone number of the charitable organization intending to solicit, the individual supervising the solicitation, and the individual completing the registration form;
2. The general statement of the purpose of the solicitation;
3. The dates and times of the solicitation.
B. This section shall not apply to solicitations made exclusively by radio, television, publication in a newspaper or magazine of general circulation, or delivery by means of the United States mail. (Ord. 1418 §1(part), 1999).
8.18.040 Fees.
Before a certification of registration shall be issued under this chapter, the applicant shall pay such registration fee and associated fees, including for facsimiles of the certificate of registration, as may be established by written resolution of the council. (Ord. 1418 §1(part), 1999).
8.18.050 Unlawful solicitations.
A. It is unlawful to solicit without complying with the registration requirements hereof, unless specifically exempt as provided herein.
B. It is unlawful to solicit in public streets or alleys which are open to vehicular traffic or to make a solicitation of any person who is in or upon such public streets or alleys. It is also unlawful to make a solicitation within ten feet of any marked pedestrian crosswalk, within ten feet of any entrance or exit of any building then in use by the general public, or from the area of any sidewalk within ten feet of its intersection with an alley or publicly used driveway.
C. It is unlawful to solicit within any office, theater, store, factory or other premises where business is conducted or services are rendered without the prior approval of the person or persons in charge of the premises.
D. It is unlawful to continue with any direct solicitation of any individual after the individual being solicited has indicated, by words or action, that he has no desire to make a contribution.
E. It is unlawful to solicit on public property or in the residential area of the city other than during such hours as may be established by resolution. (Ord. 1418 §1(part), 1999).
8.18.060 Identification.
A. Any person making a solicitation shall clearly identify to any person being solicited the name of the charitable organization sponsoring the solicitation and the purpose of the solicitation.
B. Any person making a solicitation shall provide personal identification of himself or herself upon demand by any lawful enforcement officer, and, upon demand, provide and exhibit a solicitor's permit, to be issued by the clerk-controller as provided in this chapter. (Ord. 1418 §1(part), 1999).
8.18.070 Misrepresentation prohibited.
A. No person shall for the purpose of soliciting contributions from persons in this city, use the name of any other person, except that of an officer, director or trustee or the charitable organization by or for which the contributions are solicited, without the written consent of such other persons.
B. A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or his name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored or endorsed the charitable organization or its activities.
C. No person or organization for the purpose of soliciting contributions from persons in the city shall falsely represent that the contributions are for a charitable purpose. For the purpose of this section, revocation or loss of a Section 501(c)(3) tax exempt determination of an organization by the Internal Revenue Service shall be prima facie evidence that the solicitation or contribution is not for a charitable purpose.
D. A violation of this section shall be a misdemeanor. (Ord. 1418 §1(part), 1999).