Bradbury Municipal Code Ch. 3 Charitable Solicitations

No person, without first having applied for and received a permit from the City Manager as provided in this chapter, shall make any appeal to the public for charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any sale, bazaar or exhibition or by any other means whatsoever at any place or to any person in the City.

(Prior Code, § 4130)

No person, without first having applied for and received a permit from the City Manager as provided in this chapter, shall sell or solicit for or on behalf of any person, firm, association or corporation, by telephone, or otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by such person, firm, association or corporation at a fixed place of business in the City, or solicit any contribution or gift in connection with any such amusement, show, entertainment, lecture or other enterprise, where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale to be made and where, in connection with any such amusement, show, entertainment, lecture, or other enterprise it is represented, advertised, held out, implied or made to appear that such sale, solicitation, contribution or gift or any part of the proceeds therefrom shall belong to, or be devoted or used for the benefit of any person, firm, association or corporation.

(Prior Code, § 4131)

Any person desiring to do any of the acts mentioned in Section 6.03.010 or 6.03.020 shall file an application with the City Manager. Said applications shall set forth the following information:

(1) Name and address of the applicant. Whether the applicant is affiliated with or working for any other organization than the one for which this solicitation is intended.

(2) Location of national, state and local headquarters, if any.

(3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the work.

(4) The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise or any part thereof, are to be used, including the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds.

(5) The total amount which is sought to be raised.

(6) The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested.

(7) What records of funds received will be kept and where. Such records will be open to the public.

(8) Whether the uniform or identification worn or carried resembles that of any other group in the area conducting a similar type of activity.

(9) Such other information in respect to the character and past and proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary to enable the City Manager to make a full and complete investigation.

(Prior Code, § 4132)

The City Manager, upon receipt of an application complying with the requirements of Section 6.03.030 and containing the information required thereby, shall conduct such investigation as the City Manager may deem necessary.

(Prior Code, § 4133)

(a) Should the City Manager, after a complete investigation of the applicant and of the representations contained in the application, be of the opinion that the applicant has not stated true facts in the applicant's application, or that if a permit should be granted to the applicant a fraud in all probability would be perpetrated upon the public, the City Manager may refuse to issue a permit to such applicant.

(b) Should the City Manager be satisfied that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated upon the public, a permit shall be issued to such applicant for such period of time as the applicant may request; provided, however, that no permit shall be valid for a period of more than six months from the date of issuance.

(Prior Code, § 4134)

No permit shall be required for the solicitation of gifts, contributions, donations or subscriptions, or the promotion of any bazaar, sale or exhibition or any other act of appeal to the public for a charity, made by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained headquarters or a place of worship in the City for a period of at least five years next preceding the date on which such activity shall be begun; provided that the City Manager has issued a permit authorizing the conducting or carrying on of such activity by such organization. Applications for such permits shall be made to the City Manager within 60 days from the effective date of the ordinance from which this section is derived and shall be issued by the City Manager in accordance with the standards provided in Section 6.03.050. Such permits shall be valid until revoked by the City Manager.

(Prior Code, § 4135)

Any permit issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of said permittee would operate to defraud the public. Such revocations may be made by a registered letter signed by the City Clerk at the direction of Chief of Police and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. Said permit shall become null and void on and after the third day from the date after which said letter is deposited in the United States mail in the City.

(Prior Code, § 4136)

No permit shall be required for any solicitation through the United States mail.

(Prior Code, § 4137)

No person shall use or cause to be used a telephone to accomplish any of the acts as set forth in Section 6.03.010 or 6.03.020, unless such person is a bona fide member of an organization in whose name a permit has been issued pursuant to the provisions of this chapter and provided, further, that such person making such solicitation does not receive any compensation therefor.

(Prior Code, § 4138)