Azusa Municipal Code Div. 2 Licenses, Fees and Permits

Every person engaged in commercial solicitations shall pay a license tax in the amount set by resolution of the city council.

(Code 1971, § 5.16.030)

Every organization soliciting within the city, exempted from payment of a city business license, shall pay a nonrefundable administrative fee to cover the cost of processing and issuance of the exempt permit, unless waived by the city council or exempted by section 18-11 or state law, and shall pay a fee as set by category S-94 of section 2-469.

(Code 1971, § 5.16.035)

(a) No person shall, directly or indirectly, engage in commercial solicitations without having a permit issued pursuant to this division.

(b) No person shall, directly or indirectly, solicit contributions door-to-door in any residential areas for any charitable or religious purpose, unless such person or organization on whose behalf the solicitation will be made has a valid permit issued pursuant to this division.

(Code 1971, § 5.16.040)

(a) Applications for commercial solicitation permits and charitable or religious solicitation permits shall be made to the business license officer upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the business license officer not less than ten days prior to the time at which the permit applied for shall become effective; provided, however, the business license officer, for good cause shown, may allow such filing less than ten days prior to the effective date of the permit for which application is made. An application fee for commercial or charitable solicitation permits may be required in an amount to be set by resolution of the city council, based solely upon the administrative costs in processing the application and issuing the permits.

(b) Such applications shall contain the following information and documentation:

(1) The full name, address, telephone number, date of birth and physical description of the person applying for the permit.

(2) If the applicant will be engaged in solicitations on behalf of a person, corporation, company or any other organization, the name, street address and telephone number of such person or entity and the name, street address and telephone number of the person supervising the applicant.

(3) A statement that the applicant has not been convicted of any of the crimes specified in section 18-1146.

(4) A statement that the applicant has read and is aware of the provisions of state law relating to home solicitation contracts.

(5) A statement that the applicant has received and read a copy of this article.

(6) A short outline of the method to be used in conducting the solicitation.

(7) 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 any department or officer thereof.

(c) For charitable or religious solicitation permits in addition to the above:

(1) A statement of the purposes for which the solicitations are being made.

(2) A true current and complete copy of the determination letter from both the United States Internal Revenue Service and the state franchise tax board declaring that the organization or nonprofit corporation on whose behalf solicitations are being made is exempt from federal and state income taxes.

(3) If the permit is sought on behalf of a group, the names and addresses of all persons who will be soliciting on behalf of the group and a statement that to the best of the applicant's knowledge none have been convicted of any of the crimes specified in section 18-1146.

(d) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the business license officer in writing thereof within 24 hours after such change.

(e) The application documents shall be available for public inspection, except for the names and addresses of solicitors 16 years of age and under which shall be received in confidence and shall remain confidential in order to protect them.

(Code 1971, § 5.16.050)

(a) The business license officer shall issue the permit required under this division, unless he finds that:

(1) Any statement made in the application is factually incorrect, and the applicant fails to correct the application within ten business days after being requested to do so;

(2) The applicant has not provided the information required by this division and fails to provide the missing information within ten business days after being requested to do so;

(3) The application indicates that the proposed solicitation will violate section 18-1140 and the applicant fails to amend the application to indicate compliance with such section after being requested to do so; or

(4) An applicant for a charitable or religious solicitation permit would be soliciting for an organization or entity which is not exempt from payment of federal and state income taxes.

(b) Nothing set forth in this article shall be construed as granting to the business license officer or any other person the authority to grant, deny, suspend, revoke or renew a permit because of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor or for any other reason not specifically provided for in this section.

(c) The business license officer shall either issue or deny the requested permit within ten business days after the date the application is made or receipt of whatever additional information may have been requested from the applicant. For denial, the business license officer shall give the applicant a written notice which states with specificity the reasons therefor. If the business license officer fails to act within the time prescribed, the permit shall be deemed issued to the extent the applicant complies with this article.

(d) The permit, if issued, shall include the following information:

(1) The name of the permit holder and the person or entity on whose behalf the solicitations will be made;

(2) The dates the permit is valid;

(3) A statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of the solicitation; and

(4) A permit number.

(e) Any action of the business license officer may be appealed as set forth in section 18-1175.

(Code 1971, § 5.16.060)

Permits issued under this division shall be valid for a period of six months, unless revoked, suspended or renewed pursuant to this division.

(Code 1971, § 5.16.070)

On or before the expiration of any permit required under this division and if requested in writing to do so, the business license officer shall renew the permit within ten days after such request if the factual information upon which the original application was granted remains unchanged. On such request for renewal, the applicant shall state that no change has occurred since the issuance of the original permit.

(Code 1971, § 5.16.080)

No permit issued under this division shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

(Code 1971, § 5.16.090)

Whenever it shall be shown that any person to whom a permit issued under this division has violated this article, the city manager may suspend the permit after giving written notice to the permit holder, of not less than two business days following delivery, in person or by registered special delivery United States mail, postage prepaid and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reasons therefor. The permit holder may file with the city manager, within ten business days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the city manager has rendered his decision, unless the suspension is necessary to immediately protect the public safety. The city manager shall hold a hearing within ten business days after the filing of such request. At the hearing, the city manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and may dismiss the allegations, suspend the permit for up to six months, condition the permit or revoke it as deemed appropriate. He shall render a decision thereon within one business day after the hearing. The decision shall be communicated in writing to the permit holder within one business day thereafter and shall state with specificity the reasons therefor. If the permit holder does not request a hearing within ten business days after the delivery of the notice of suspension and proposed revocation, the permit shall be revoked and the revocation shall not be appealable.

(Code 1971, § 5.16.100; Ord. No. 98-09, § 2, 6-15-98)

(a) Any applicant or permit holder aggrieved by any action of the business license officer to deny or refuse to renew a permit under this division may appeal to the city manager by filing with the city manager a statement setting forth the facts and circumstances regarding the action of the business license officer. Such appeal shall be filed within ten business days after the disputed action of the business license officer, and the city manager shall hear the appeal within five business days after filing. Such appeal shall not stay the action of the business license officer. At the time of the appeal hearing, the city manager shall hear all the relevant evidence and shall determine the merits of the appeal and may deny, conditionally approve or approve the permit. He shall render a decision thereon within three business days after the hearing. The decision shall be communicated in writing to the appellant within one day thereafter and shall state with specificity the reasons therefor.

(b) Any applicant or permit holder aggrieved by any action of the city manager pursuant to section 18-1174 or subsection (a) of this section may appeal such action to the city council by filing with the city clerk a statement addressed to the council setting forth the facts and circumstances regarding the action of the city manager. Such appeal shall be filed within ten business days after the disputed action of the city manager, and the council shall hear the appeal at its next regular meeting. The filing of such an appeal with the city council shall not stay the action of the city manager. At the time of the appeal hearing, the council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render a decision thereon within three business days after the hearing. The decision shall be communicated in writing to the appellant within one day thereafter and shall state with specificity the reasons therefor. The action of the council shall be final and appealable to the superior court of the state pursuant to the state Code of Civil Procedure § 1094.5. Such an action in the superior court shall be filed within 90 days following the council's action pursuant to Code of Civil Procedure § 1094.6.

(Code 1971, § 5.16.110; Ord. No. 98-09, § 2, 6-15-98)