Alhambra Municipal Code Ch. 5.29 Religious Solicitations

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMITTEE. The Solicitations Advisory Committee created by § 5.28.020 of this code.

CONTRIBUTION. Includes the words “alms,” “food,” “clothing,” “money,” “subscription,” “property,” or donations under the guise of a loan of money or property.

PERSON. As defined in § 5.28.010 of this code.

RELIGIOUS and RELIGION. Not to include the word “charitable” as defined in § 5.28.010 of this code, but shall be given their commonly accepted definitions and shall include the tenets and doctrines of churches and nonprofit corporations organized for religious purposes.

SOLICIT and SOLICITATION. The request directly or indirectly of money, pledges, credit, property, financial assistance, or other thing of value on the plea or representation that such money, pledge, credit, property, financial assistance or other thing of value will be used for religious purpose as that purpose is defined herein. These words shall also mean and include the following methods of securing money, credit, pledge, property, financial assistance or other thing of value on the plea of representation that it will be used for a religious purpose as herein defined;

(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 announcement to the press, over the radio, by telephone or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering which the public is requested to patronize or to which the public is requested to make a contribution for any 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 religious purpose, or where the name of any religious person is used or referred to in any such appeal as an inducement or reason for making any 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 of any such sale will go or be donated to any religious purpose.

A SOLICITATION shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to herein.

('86 Code, § 5.29.010) (Ord. 3673, passed - - )

It shall be the duty of the Committee to direct and carry out the purpose of this chapter pursuant to the provisions of § 5.28.020 of this code.

('86 Code, § 5.29.020) (Ord. 3673, passed - - )

(A) No person shall solicit contributions for any religious purpose within the city without a certificate from the Director of Finance authorizing such solicitation.

(B) The provisions of this section shall not apply to any person organized and operated exclusively for religious purposes and not operated for the pecuniary benefit of any person if the solicitations by such person is conducted only among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such person.

(C) When a certificate has been issued to any person, other than to an individual, then the individual agents and solicitors for such person shall not be required to obtain individual certificates.

('86 Code, § 5.29.030) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

(A) An application for a religious solicitation certificate as required by § 5.29.030 of this code shall be made to the Director of Finance upon forms prescribed by the Committee. Such application shall be sworn to or affirmed and filed with the Director of Finance at least 15 days prior to the time at which the certificate applied for is to become effective. The Director of Finance may, for good cause shown, allow the filing of an application less than 15 days prior to the effective date of such certificate. Such application shall contain the following information, or in lieu thereof, a statement satisfactory to the Committee of the reason or reasons why such information, or any item thereof, is not furnished:

(1) A copy of the documentation from the State of California Franchise Tax Board or the Federal Internal Revenue Service certifying nonprofit religious status;

(2) A financial statement for the last preceding two fiscal or calendar years of any funds collected for religious purposes by the applicant, giving the amount of money so raised, the cost of raising it and the final distribution thereof;

(3) The name, address and headquarters of the person applying for the certificate;

(4) The church, church group, or other religious organization represented by applicant;

(5) The extent, if any, to which such solicitation is for a charitable purpose as defined in § 5.28.010 of this code;

(6) A full statement of the general character and extent of the religious work being done or to be done by the applicant, also the character and extent of such work being done or to be done within the city;

(7) A statement to the effect that if a certificate 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;

(8) A statement to the effect that if a certificate is granted, no person under the age of 16 years unaccompanied by an adult bearing a certificate issued hereunder will be permitted to solicit money;

(9) The time during which such solicitation shall be conducted, giving the beginning and ending dates;

(10) A general statement of the basis for the applicant's claim to be a religious organization or to be soliciting for a religious purpose;

(11) The general outline of the methods to be used in conducting the solicitation;

(12) The estimated cost of solicitation;

(13) The name and address of the person, or persons, who will be in direct charge of the conduct of the solicitation and those who will be doing the actual soliciting;

(14) A list of other cities or counties where similar certificates have been applied for in the past two years;

(15) Such other information as may be required by the Committee in order for it to deter-mine the kind and character of the proposed solicita-tion.

(B) If while any application is pending, or during the term of any certificate granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Director of Finance in writing thereof within 24 hours after such change.

(C) The Committee may, in its discretion, reject any application submitted pursuant hereto in which the applicant states that more than 50% of the proceeds of such solicitation shall be used for charitable purposes as defined in § 5.28.010. Upon taking such action, the Committee shall notify the applicant that he may file an application pursuant to Chapter 5.28 above.

('86 Code, § 5.29.040) (Ord. 3673, passed - - ; Am. Ord. 3962, passed - - )

(A) Issuance. Upon receipt of an application submitted pursuant to § 5.29.040 of this code, the Committee shall forthwith grant to the applicant a religious solicitation certificate, which certificate shall be issued by the Director of Finance.

(B) Form. Religious solicitation certificates shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued and a statement that the certificate does not constitute an endorsement by the city, or by any of its departments or officers, of the purpose or of the person conducting the solicitation. All certificates must be signed by the Director of Finance.

(C) Term. Each certificate and each renewal certificate issued pursuant to this chapter shall expire on December 31 next following the date of its issuance.

(D) Renewal. The Committee may renew any such permit upon its expiration if it is satisfied that the requirements of § 5.29.040 still are herein met and that no violation of this chapter has been committed. The Committee may in its discretion require a new application, and its action upon such new application shall be governed by the standards applicable to an original application.

('86 Code, § 5.29.050) (Ord. 3673, passed - - ; Am. Ord. 3962, passed - - )

(A) Any person holding a valid certificate under § 5.29.050 of this code may authorize any number of individual persons to conduct and carry on the solicitation under such certificate; however, the Committee may in its discretion limit the number of individuals who may be so authorized.

(B) Such persons shall furnish credentials to their agents and solicitors. Such credentials shall conform to the requirements specified for credentials in § 5.28.100 of this code, and a copy of such credentials shall be filed with the Committee at the time of the filing of the application for a certificate.

(C) No person shall solicit for any religious cause without having such credentials in his possession and/or a facsimile copy of the religious solicitation certificate under which the solicitation is being conducted, and such person shall present such credentials and facsimile copy of the certificate to all persons solicited and, upon request, to any police officer of the city.

('86 Code, § 5.29.060) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

It shall be unlawful for any person to solicit before the hour of 9 a.m. of any day, or after the hour of 9 p.m. of any day.

('86 Code, § 5.29.070) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

(A) Any person receiving money in the amount of $1 or more from any contributor under a solicita-tion made pursuant to a certificate granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and certificate number of the person under whose certifi-cate this solicitation is conducted, the date and the amount received.

(B) Except, however, that the provisions of this section shall not apply to;

(1) Contributions collected by means of a closed receptacle used with the prior written consent of the Committee.

(2) Contributions in connection with special events where the contributor is given a printed, press-numbered coupon, ticket or similar printed evidence of the donation on which appears the name of the certificate holder, the amount of the contribution evidenced thereby, and the date and a description of the special event to which it relates.

(3) Contributions involving the sale of mer-chandise, where there is affixed on the merchandise, or on the container thereof, the name of the certificate holder and the price paid for the merchandise.

(4) Contributions in the form of personal checks mailed to the certificate holder.

('86 Code, § 5.29.080) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

Any certificate issued under this chapter shall be nontransferable and shall be returned to the Director of Finance within seven calendar days of its date of expiration.

('86 Code, § 5.29.090) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

The Committee is hereby authorized to investi-gate the affairs of any person soliciting for religious purposes under a certificate issued pursuant to the provisions of this chapter and the affairs of any person exempted from the requirement of a certificate pursuant to the provisions of § 5.29.030 of this code. The Committee shall make public its written findings in order that the public may be fully informed as to the affairs of any of such persons. Such persons shall make available to the Committee, or to any representative designated by the Committee in writing for such specific purposes, all books, records, or other information reasonably necessary to enable the Committee to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons; provided, however, five days before the public release of any such findings, the Committee shall first serve a copy of such findings upon the person investigated, and, at the time of the release of its findings, the Committee shall release a copy of any written statement such person may file with the committee in explanation, denial, or confirmation of the findings released.

('86 Code, § 5.29.100) (Ord. 3673, passed - - )

No person shall directly or indirectly solicit for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any misstatement, deception or fraud in connection with any solicitation for any purpose in the city or in any application or report filed under this chapter.

('86 Code, § 5.29.110) (Ord. 3673, passed - - ) Penalty, see § 5.29.140

Any person aggrieved by any ruling of the Committee or by any officer endorsing any of the provisions of this chapter may appeal such ruling to the City Council pursuant to the provisions of § 5.82.050 of this code.

('86 Code, § 5.29.120) (Ord. 3673, passed - - )

It shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance, the Committee or the City Council.

('86 Code, § 5.29.130) (Ord. 3673, passed - - )

(A) Any person who violates any provisions of this chapter is guilty of a misdemeanor and shall be punished as provided in § 1.12.010 of this code.

(B) Each separate act of soliciting for any religious purposes without a certificate shall constitute a separate offense.

('86 Code, § 5.29.140) (Ord. 3673, passed - - )