Chapter 5.40



CHARITABLE SOLICITATIONS

5.40.010 Definitions.
5.40.020 Exceptions.
5.40.030 Records-Exhibition to city manager.
5.40.040 Reports of results of solicitation-Records available.
5.40.050 Misrepresentation by solicitor.
5.40.060 Permit-Required.
5.40.070 Permit-Application.
5.40.080 Permit-Issuance.
5.40.090 Permit-Time limit-Surrender.
5.40.100 Applicant or permittee to report change of facts stated in application.
5.40.110 Registration card-Exhibition by solicitor.
5.40.120 Suspension and revocation.
5.40.130 Appeal.


5.40.010 Definitions.


For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:

"Charitable" or "charity" means and includes but shall not be limited to the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal.

"Gifts," "contributions," "donations" and "subscriptions" mean and include, but shall not be limited to the words alms, food, clothing, money and property.

"Solicit" and "solicitation" means any appeal to any person for charity or charitable purpose either by soliciting or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any bazaar, sale or exhibition or by any other means whatsoever. Solicitation and/or solicit, shall not include herein the solicitation of employment, business or contributions of money or other property within the city from any person traveling in a vehicle or any person while the occupant of any vehicle, which conduct is prohibited pursuant to Chapter 9.17 of this code. (Ord. 5132 º 6, 1996: prior code º 7-214)

5.40.020 Exceptions.


The provisions of this chapter shall not apply to any solicitation by the members of any charitable organization which has been in existence in, and which has regularly maintained headquarters in the city for a period of at least three years next preceding the date on which such solicitation shall begin. (Prior code º 7-215)

5.40.030 Records-Exhibition to city manager.


No person shall solicit for any charitable purpose without maintaining a system of accounting whereby all donations to it and all disbursements are entered upon the books or records of such person and shall be exhibited to the city manager, or the city manager's representative, upon request at any time. (Prior code º 7-216)

5.40.040 Reports of results of solicitation-Records available.


Each person issued a permit under this chapter shall furnish to the city manager within thirty days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the city manager's office at any reasonable time. The city manager may extend the time for the filing of the report required by this section for an additional period of thirty days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permittee. The permittee shall make available to the city manager, or to any person designated in writing by the city manager as the city manager's representative for such purpose, all books, records and papers whereby the accuracy of the report required by this section may be determined. (Prior code º 7-217)

5.40.050 Misrepresentation by solicitor.


No person shall directly or indirectly solicit for any purpose by misrepresentation of his or her name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception or fraud in connection with any solicitation for any purpose, or in any application, information or report filed under this chapter. (Prior Code º 7-218)

5.40.060 Permit-Required.


No person shall solicit, or cause or permit a solicitation within the city, unless a permit and registration card have been issued as provided in Section 5.40.080, and such permit and registration card are in full force and effect. (Prior code º 7-219)

5.40.070 Permit-Application.


Any person desiring a permit and registration card shall file a verified application with the city containing the following:

A. The name, address and telephone number of the person applying for the permit;

B. If applicant is not an individual, the names, addresses and telephone numbers of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified as a true and correct copy of the original by the officer having charge of the applicant's records;

C. The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the charitable use or disposition to be made of any receipts therefrom;

D. A specific statement, supported by reasons and, if available, figures, showing the charitable need for the contributions to be solicited;

E. The names, addresses and telephone numbers of the persons by whom the receipts of such solicitation shall be disbursed;

F. The names and addresses, telephone numbers, signatures, and photographs of the persons to be directly engaged in the proposed solicitation, and the names of all promoters connected, or to be connected, with the proposed solicitation;

G. An outline of the methods to be used in conducting the solicitation;

H. The time when such solicitation shall be made, giving the proposed dates for the beginning and ending thereof;

I. The estimated cost of the solicitation;

J. The amount of any wages, fees, commissions, expenses or emoluments to be expended, paid to or retained by any person in connection with such solicitation, and the names, addresses and telephone numbers of all such persons;

K. A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, such statement giving the amount of money so raised, together with the cost of raising it, and the final distribution thereof;

L. A full statement of the character and extent of the charitable work being done by the applicant within the city;

M. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city, or by any department or officer thereof;

N. Such other information as may be reasonably required by the city manager in order for the city manager to determine the kind and character of the proposed solicitation. A fee as set forth in the resolution pursuant to Section 5.08.010 shall be paid at the time of the submission of the application. Religious organizations shall be exempt from paying the applicable fees. (Prior code º 7-220)

5.40.080 Permit-Issuance.


If the city manager approves the permit, the permit and registration card(s) provided for in Section 5.40.060 shall be issued after payment of the applicable fees as set forth in the resolution pursuant to Section 5.08.010. Religious organizations shall be exempt from paying the applicable fees. (Prior code º 7-221)

5.40.090 Permit-Time limit-Surrender.


No permit or registration card issued under Section 5.40.080 shall grant the right to solicit longer than ninety days from its date. All such permits and





registration cards must be returned to the city at the conclusion of the period for which they are issued or upon notice of their revocation. (Prior code º 7-224)

5.40.100 Applicant or permittee to report change of facts stated in application.


If, while any application is pending, or during the term of any permit or registration card granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant or permittee shall notify the city manager in writing thereof within twenty-four hours after such change. If, during the term of any permit an additional employee, agent or representative is employed, to be directly engaged in the solicitation, the permittee shall file the name, address, signature, and photograph of such employee, agent or representative with the city manager. Unless the city manager finds some part of such information to be untrue, the city manager shall direct the city clerk to issue, and the city clerk shall issue, a registration card to such employee, agent or representative. (Prior code º 7-225)

5.40.110 Registration card-Exhibition by solicitor.


Each permittee directly engaged in a solicitation, and each of a permittee's employees, agents and representatives so directly engaged, shall carry on his or her person at all times during such solicitation the registration card issued to him or her under this chapter. Such registration card shall bear the name, address, signature, photograph and the right index fingerprint of the person to whom it is issued, together with the name of the charity for which such solicitation is being made, a description of the purpose of the solicitation and the expiration date and the number of the permit authorizing such solicitation. The registration card shall be exhibited to any person upon request. (Prior code º 7-227)

5.40.120 Suspension and revocation.


Whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit or registration card has been issued under this chapter has violated any of the provisions of this chapter or any penal law, or that any permittee or any agent, representative or solicitor of such permittee has misrepresented the purpose of the solicitation, the city manager may immediately suspend the permit and registration cards issued thereunder and give the permittee written notice, in person or by registered special delivery mail, of a hearing to be held within two 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 city manager has acted in suspending the permit. At the hearing the permittee, and any other interested person, shall have the right to present evidence as to the facts upon which the city manager based the suspension of the permit, and any other facts which may aid the city manager in determining whether the provisions of this chapter or other law has been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the city manager finds that this chapter or other law has been violated, or the purpose of the solicitation has been misrepresented, the city manager shall within two days after the hearing file in his or her office for public inspection and serve personally or by mail upon the permittee, and all interested persons participating in the hearing, a written statement of the facts upon which the city manager bases such finding and shall immediately revoke the permit. If, after such hearing the city manager finds that this chapter or other law has not been violated and the purpose of the solicitation has not been misrepresented, the city manager shall within two days after the hearing mail or give to the permittee a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committ

ed. (Prior code º 7-228)

5.40.130 Appeal.


Any person aggrieved by any ruling of the city manager upon any application filed pursuant to the provision of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code. (Prior code º 7-226)