Burbank Municipal Code Div. 1 General Provisions

3-4-1801: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates;

CHARITABLE: Shall mean the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, social, or armed forces veteran either actual or purported.

CONTRIBUTIONS: Shall mean the words alms, food, clothing, money, subscription, property or donations under the guise of a gift or loan of money or property.

ORGANIZATION: Shall mean any association of persons whether incorporated, unincorporated, in partnership, or otherwise joined together for a common purpose.

PROMOTER: Shall mean any person who, for pecuniary compensation or consideration received, or to be received, solicits or is engaged in the business of or holds themselves out to the public as engaged in the business of soliciting contributions for or on behalf of any other person or any charitable organization or institution, or conducts, manages or carries on or agrees to conduct, manage or carry on or is engaged in the business of or holds themselves out as engaged in the business of conducting, managing or carrying on any drive or campaign for any such purpose; provided, however, that pecuniary compensation or consideration as used herein, shall include, but shall not be limited to, participation on a percentage basis in any fund solicited, or raised, for or on behalf of any other person or organization; provided further that no person who is a bona fide paid officer or employee of an organization or social service agency mentioned in subsection 3-4-1802A of this article shall be considered a promoter within the meaning of this article.

RELIGIOUS AND RELIGION: As used herein shall not mean the word “charitable” as herein defined, but shall be given their commonly accepted definitions.

SOLICIT AND SOLICITATION: Shall mean the request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose as those purposes are defined in this article. These words shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value on the plea or representation that it will be used for a charitable purpose as herein defined:

A. Any oral or written request;

B. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;

C. The making of any announcement to the press, over the radio or television, or 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 purpose connected therewith; or

D. 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 purpose, or where the name of any charitable 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 from any such sale will go or be donated to any charitable purpose.

A “solicitation” as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section. The operation of a game of skill and science under the authority of Section 5-3-103 of this code shall not be deemed to constitute a “solicitation” as defined herein. [Formerly numbered Section 8-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1802: APPLICABILITY AND EXCEPTIONS:

The provisions of this article, with the exception of Sections 3-4-1801 and 3-4-1816 of this article shall not apply:

A. To any solicitation by or on behalf of the Burbank Community Chest or any of its affiliated organizations, the Boys Scouts of America, Girl Scouts of America, Campfire Girls, Young Men’s Christian Association, or any recognized charitable organization which has maintained a headquarters in the City continuously for a period of at least three (3) years or which has solicited contributions in the city annually for not less than three (3) years immediately preceding the effective date of this article, provided such solicitation in each of the foregoing exceptions is made without the services of a promoter or paid solicitor and provided further that each of the persons exempted hereunder shall nevertheless be required to file the report required by Section 3-4-1826 of this article;

B. To any solicitation made upon premises owned or occupied by the organization upon whose behalf such solicitation is made;

C. To any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction whatsoever, shall be turned over to the named beneficiary;

D. To any organization soliciting contributions solely from persons who are members thereof at the time of such solicitation; and

E. To solicitations made solely for evangelical, missionary, or religious purposes; provided, however, that in any case where it shall come to the attention of the City Manager that any solicitation has been or is being intended to be made for evangelical, missionary or religious purposes but in such manner as in the opinion of the City Manager is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, then the City Manager, if in their opinion the public interest will be subserved thereby, shall investigate the matter of such solicitation and give publicity to their findings thereon in such manner as they may deem best to advise the public of the facts of the case. [Formerly numbered Section 8-152; renumbered by Ord. No. 3058, eff. 2/21/87.]