Alhambra Municipal Code Ch. 5.30 Promoters

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

CHARITABLE. As defined in § 5.28.010 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.

PROMOTER. Any person who is employed or engaged by any other person on a salary, commission or percentage basis to promote, organize or conduct a campaign or solicitation for any charitable or religious purpose for or on behalf of such other person. Except, however, that no person who holds a permanent salaried office or position with a charit-able or religious organization shall be deemed to be a promoter hereunder.

RELIGIOUS and RELIGION. As defined in § 5.29.010 of this code.

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 a charitable or religious purpose as those purposes are 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 or representation that it will be used for a charitable or 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 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 of any such sale will go or be donated to any charitable or 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, § 5.30.010) (Ord. 3673, passed - - )

(A) It shall be unlawful for any promoter, or employee or agent of any promoter, to conduct, manage or carry on any solicitation for contributions for religious or charitable purposes, or represented to be for religious or charitable purposes, without having an unrevoked license from the city so to do, valid and in effect at the time.

(B) No promoter shall conduct, manage or carry on any solicitation for charitable or religious purposes for any person except during the time such person holds a valid and effective charitable solicitation permit issued pursuant to Chapter 5.28 or a religious solicitation certificate issued pursuant to Chapter 5.29 of this code.

('86 Code, § 5.30.020) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

(A) Application for a promoter's license shall be made in writing to the Director of Finance and may be filed at the same time as the application for a charitable solicitation permit under Chapter 5.28 or a religious solicitation certificate under Chapter 5.29 of this code.

(B) Such application shall contain the following information and documentation;

(1) The applicant's personal and business name or names;

(2) Applicant's address or addresses, including principal office and local headquarters, if any;

(3) The name of the person for whom the solicitation will be conducted;

(4) A true copy of the contract between the applicant and such other person; or, if no written contract has been entered into, the terms and conditions, including basis for compensation, under which the promoter will conduct the solicitation for such person;

(5) Such other information as the Director of Finance or the Chief of Police may require.

(C) Upon the receipt of any such application, the same shall be forwarded to the Chief of Police who shall investigate such applicant and shall report to the Director of Finance the results of such investigation.

(D) No license shall be issued to any person of bad character nor any person who shall have been convicted of any felony or crime involving fraud, robbery, burglary or moral turpitude.

(E) Each such application shall be accompanied by an amount equal to the license fee provided herein. If such license is granted, such amount shall be applied to payment of the fee therefor. If any such application shall be denied, $25 of such amount shall be retained by the city to partially defray the cost of its investigation.

('86 Code, § 5.30.030) (Ord. 3673, passed - - )

(A) Form. The license required by the provisions of this chapter shall bear the name and address of the person to whom the license is issued, the number of the license, the date issued, the dates within which the promoter may solicit and a statement that the license does not constitute an endorsement by the city or by any of its departments, officers or employees of the purpose of or of the person con-ducting the solicitation.

(B) Term. No license, or any renewal thereof, may grant the right to solicit longer than 90 days from its date. Except, however, the Director of Finance may, in his or her discretion, grant or renew a license for a period not to exceed 90 days if the applicant has proven that unnecessary hardship would be created by a failure to extend the original 90-day period for such additional days, or for a period of not to exceed 12 calendar months if the applicant has been retained by a person who has received from the city a valid and effective annual charitable solicitation permit or religious solicitation certificate.

(C) Renewal. Each such license may be renewed by making application for renewal and paying the required fee therefor set forth in § 5.30.050 of this chapter.

('86 Code, § 5.30.040) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

Each application for a license to solicit shall be accompanied by a license fee in an amount established by City Council resolution for each 90-day period, or portion thereof.

('86 Code, § 5.30.050) (Ord. 3673, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

At or before the date in which a promoter's license is issued, the applicant shall file with the Director of Finance a bond in the penal sum of $5,000 executed by a responsible surety company, in a form to be approved by the City Attorney, conditioned upon the strict compliance by the principal of the provisions of this chapter and to the payment of any pecuniary loss sustained by any donor or by any other person or organization on whose behalf any funds of personal property were solicited or received by the principal. The bond shall remain in full force and effect for the entire period of the promoter's license an any extension thereof.

('86 Code, § 5.30.060) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

A promoter shall not commingle any contributions with the promoter's own funds and shall at all times maintain and keep contributions separate and apart from the promoter's own funds or property.

('86 Code, § 5.30.070) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

Licenses issued pursuant to this chapter shall not be assigned or transferred, or shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.30.080) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

The Director of Finance shall issue to each licensee at the time of delivery of the license individual identification for each individual licensed under this chapter. The individual identification shall be in such form as may be determined by the Director of Finance. The individual notification shall, at all times, be carried by each individual licensee or on public display at his or her established place of operation or business within the city while he or she is soliciting and shall be displayed by such licensee upon demand of any police officer of the city and upon demand of any person to whom he or she is soliciting.

('86 Code, § 5.30.090) (Ord. 3673, passed - - )

It shall be unlawful for any person to solicit before the hour of 9:00 a.m. of any day, or after the hour of 9:00 p.m. of any day.

('86 Code, § 5.30.100) (Ord. 3673, passed - - ) Penalty, see § 5.30.130

(A) Any promoter receiving money in the amount of $1 or more from any contributor under a solicitation made pursuant to this chapter shall give to the contributor a written receipt signed by the promoter showing plainly the name and charitable solicitation permit number or religious solicitation certificate number of the person under whose permit or certificate 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 Solicitations Advisory Committee of the city.

(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 permit or certificate holder, the amount of the contribution evidence thereby, and the date and a description of the special event to which it relates.

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

(4) Contributions in the form of personal checks mailed to the promoter; provided, however, such checks are made payable to the permit or certificate holder.

('86 Code, § 5.30.110) (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 or the City Council.

('86 Code, § 5.30.120) (Ord. 3673, passed - - )

(A) Any person who violates any provision 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 under this chapter without a license therefor shall constitute a separate offense.

('86 Code, § 5.30.130) (Ord. 3673, passed - - )