Banning Municipal Code Ch. 5.20 Charitable Solicitors

It shall be unlawful for any charitable solicitor, as hereinafter defined, to engage in such activity within the corporate limits of the city without first obtaining a license therefor in compliance with the provisions of this chapter.

(Code 1965, § 12-265.)

A charitable solicitor is defined as any person who, on behalf of any organization, society, association, corporation or person, solicits or attempts to solicit money, donations, property or financial assistance of any kind, or distributes any tickets, literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, upon the streets, in offices or business buildings, by house canvas or in public places in the city, for charitable, philanthropic, religious, patriotic, social welfare, benevolent, educational, civic or fraternal purposes.

(Code 1965, § 12-266.)

Applicants for charitable solicitors license must file with the license official a sworn application in duplicate on a form to be furnished by the city, setting forth the following information:

A. Full name and permanent address of charitable organization, corporation or person; full name, address and capacity or authority of person making the application.

B. Evidence that such organization, corporation or person is a nonprofit organization.

1. Federal tax number;

2. Employer ID number;

3. State tax number;

4. Resale number.

C. Evidence that there is a need for the organization to solicit, and the charitable purpose(s) to which the funds solicited are to be applied.

D. Evidence that at least fifty percent of the amount collected by the city will be used directly for the charitable or other purpose stated.

1. Licensee must file a financial statement upon application and every quarter thereafter for any period during which solicitation has occurred in the city.

E. Length of time for which such solicitation will be carried on in the city.

F. Number and names of the individual solicitors.

1. Individual solicitor's date of birth.

G. Other such information as may be required by the license official.

H. Such other identifying and financial information as may be required by the license official.

(Code 1965, § 12-267.)

Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant organization and solicitors as he deems necessary to protect the public.

A. If, as a result of such investigation, the application or its contents are found to be unsatisfactory, the chief of police shall, within fourteen days, endorse on such application his disapproval, and his reasons therefor, and return such application to the license official, who shall notify the applicant that the application is disapproved and that no license shall be issued.

B. If, as a result of such investigation, the application and its contents are found to be satisfactory, the chief of police shall, within fourteen days, endorse his approval on the application, and return it to the license official, who shall issue a license therefor.

(Code 1965, § 12-268.)

Applicants for charitable solicitor's license shall not be required to pay any license fee, bond or investigation fee.

(Code 1965, § 12-269.)

All charitable solicitations shall be limited to the hours between 10:30 A.M. and 7:30 P.M. each day.

(Code 1965, § 12-270.)

A. Licenses issued hereunder may be revoked by the chief of police for any of the following reasons:

1. Fraud, misrepresentation or false statements contained in the application.

2. Fraud, misrepresentation or false statements in the course of soliciting contributions.

3. Violation of this chapter.

4. Conducting the business of soliciting in an unlawful manner, or in such manner as to constitute a breach of the peace, or menace to the health, safety or general welfare of the public.

B. Notice of such revocation shall be in writing setting forth the specific grounds of such revocation.

(Code 1965, § 12-271.)

Any person or organization aggrieved by the action of the chief of police or license official in the denial or revocation of a license shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk within fourteen days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The city council shall set a time and place for hearing such appeal, and notice thereof shall be mailed, postage prepaid, to the person or organization at the address shown on such application at least five days prior to the date set for hearing. The decision and order of the city council shall be final and conclusive.

(Code 1965, § 12-272.)