Burbank Municipal Code Div. 2 Solicitations

3-4-1803: PERMIT:

A. Unlawful to Solicit Without Permit: No person shall solicit, nor shall any officer or member of any organization authorize any person to solicit, any contribution for any charitable purpose unless such person or organization upon whose behalf the solicitation is made shall obtain a permit from the Community Development Director so to do.

B. Application for Permit: Applications for such permit shall be filed with the Community Development Department and shall contain, in addition to the information required by Section 3-6-202 of this title, complete information as follows:

1. An outline of the method to be used in conducting the solicitation;

2. The time when the solicitation is to be made, giving the proposed dates for the beginning and ending thereof;

3. The character and extent of the charitable work being done by applicant and where such work has been or will be done;

4. The names, addresses, signatures, photographs, and finger- and thumbprints of the persons to be directly engaged in the proposed solicitation and the names of all promoters connected or to be connected with the proposed solicitation. Photographs shall be two inches by two inches (2"x 2") showing the head and shoulders in a clear and distinguishing manner and shall have been taken within sixty (60) days prior to the filing of the application;

5. The purpose of the solicitations and use of the contribution to be solicited;

6. A specific statement supported by reasons and, if available, figures, showing the need for the contribution proposed to be solicited;

7. The character of such solicitation and how it will be made or conducted;

8. The expenses of the solicitation, including, but not limited to, wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitation and the names and addresses of all such persons, if any, regardless of the funds from which such expenses are payable;

9. What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared as the object of the solicitation;

10. A specific statement of all contributions collected or received by such person or organization within the twelve (12) month period immediately preceding the filing of such application. The expenditures or use made of such contributions, together with the names and addresses of all persons or organizations receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof;

11. A copy of the resolution, if any, of such organization authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of such organization having charge of the records thereof;

12. A statement that the signers of such application have read and are familiar with the provisions of this article and will require all solicitors engaged in such solicitation to read and be familiar with all sections of this article prior to making any such solicitation; and

13. A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement of such solicitation by the City or any of its departments or officers.

C. Permit Fee: Applications for a permit hereunder shall pay an annual permit fee in the amount set forth in the Burbank Fee Resolution.

D. Additional Information: Whenever, in the opinion of the Community Development Director, the application does not disclose sufficient information concerning the facts required to be stated in such application or concerning the person or organization making such solicitation or on whose behalf such solicitation is made, then, upon request, there shall be filed with the Community Development Director, in writing, within forty eight (48) hours after such request, such additional information as may be required by the Community Development Director on the foregoing subjects; provided, however, that the Community Development Director, for good cause, may extend the time for filing such additional information.

E. By Whom Signed: The application and any additional information requested shall be signed by the person intending to make the solicitation, or if the solicitation is to be by or on behalf of any organization by at least two (2) officers of such organization.

F. Duration of Permit: No permit shall grant the right to solicit for longer than ninety (90) days from the date of issuance. The Community Development Director may extend any permit issued but in no event for a period to exceed six (6) months in any twelve (12) month period. All permits must be returned to the Community Development Department promptly upon the expiration thereof or notice of revocation or suspension thereof. [Formerly numbered Section 8-153; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-1804: AGREEMENTS WITH PROMOTERS:

With each application for a permit hereunder there shall be filed a copy of each written agreement made with any agent, solicitor, promoter, manager or conductor of such solicitation, or if an agreement is not in writing a written statement setting forth the substance thereof. Within twenty four (24) hours after any change in any such agreement, or the making of any new or further agreement, a true copy of such change or agreement if in writing, or if not in writing, details thereof shall be filed with the Community Development Department. [Formerly numbered Section 8-154; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1805: STANDARDS FOR GRANTING OR DENYING PERMITS:

A. The Community Development Director shall grant the permit provided for in Section 3-4-1803 of this article whenever, after investigation and to the best of the knowledge and belief of the Community Development Director, the following facts are found to exist:

1. That all the statements made in the application are true;

2. That the applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity;

3. That the control and supervision of the solicitation will be under responsible and reliable persons;

4. That the applicant has not engaged in any fraudulent transaction or enterprise;

5. That the solicitation will not be a fraud on the public;

6. That the solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted primarily for private profit;

7. That the cost of raising funds will be reasonable. Any such cost in excess of twenty five percent (25%) of the amount collected shall be considered to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than twenty five percent (25%) reasonable in the particular case. Should any said facts be found lacking, the permit shall be denied. [Formerly numbered Section 8-155; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1806: OPEN TO INSPECTION OF PUBLIC:

All applications, additional information filed under Section 3-4-1803 of this article, and findings of fact and decisions of the Community Development Director shall be kept on file in the Community Development Department and shall be open to the inspection of the public. [Formerly numbered Section 8-156; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1807: REGISTRATION CARD:

A. No person shall engage in any solicitation to which this article is applicable without having in their possession a registration card issued by the Community Development Department, containing the following:

1. A statement to the effect that the holder is soliciting under a permit issued by the City but that such permit is not an endorsement of such solicitation, unless the Council has endorsed the solicitation in which case the card may contain a statement that the City endorses such solicitation; and

2. The expiration date of the permit. The Community Development Department shall charge fees for registration cards issued as set forth in the Burbank Fee Resolution. All registration cards shall be promptly returned to the Community Development Department upon the expiration of the permit under which issued or upon notice of the revocation or suspension thereof. [Formerly numbered Section 8- 157; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-1808: PAID SOLICITORS; BOND; CHANGE OF ADDRESS OR EMPLOYMENT:

No person, other than a promoter duly acting under Division 3 of this article, shall for pecuniary compensation or consideration solicit contributions for or on behalf of any other person or charitable organization unless such person shall first furnish satisfactory proof to the Community Development Director, approved by the Chief of Police, that they are a person of good moral character, that their reputation for honesty is good, and unless they first file with the Community Development Department, and thereafter maintains, a surety bond in the sum of five hundred dollars ($500.00) conditioned for the payment of any direct pecuniary loss which may be sustained by any donee or any person on whose behalf any contribution was solicited or received through any act of theft committed by such person. The provisions applicable to the bond provided for in Section 3-4-1812 of this article shall also apply to bonds filed pursuant to this section. All persons to whom this section is applicable shall notify the Community Development Department of any change of address, and if employed to solicit by more than one person, shall also notify the Community Development Department of such fact and of any subsequent termination or change of employment. [Formerly numbered Section 8-158; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]