Burbank Municipal Code Div. 3 Promoters

3-4-1809: PERMIT REQUIRED:

No promoter shall in any manner whatsoever solicit contributions for any charitable purpose without a permit so to do from the Community Development Director. [Formerly numbered Section 8-159; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1810: APPLICATION FOR PERMIT:

Application for such promoter’s permit shall be filed with the Community Development Department and shall set forth, in addition to the information required by Section 3-6-202 of this title, the following:

A. Character And Reputation: A statement of facts showing that the applicant, if an organization, is of good character and reputation, or if the applicant be a corporation that each of its managing officers and agents is of good character and reputation, or if the applicant be an unincorporated firm, association or partnership, that each of its members is of good character and reputation; and

B. General Plan: The general plan, character and method in or by which applicant proposes to conduct its or their business as a promoter. [Formerly numbered Section 8-160; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1811: PERMIT FEE:

All applications for a permit hereunder shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-161; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1812: BOND:

The application for a permit shall also be accompanied by a surety bond in the amount determined by the City Attorney’s office in favor of the City for the use and benefit of interested persons and parties. It shall be conditioned upon the strict compliance by the principal, with the provisions of this article and the payment of any direct pecuniary loss sustained through any act of theft or on part of the principal, by any donor or by any person on whose behalf the funds or personal property were solicited or received by the principal. Any person who sustains any injury covered by said bond, may in addition to any other remedy that they may have bring an action in their own name upon said bond for the recovery of any damage sustained by them. Upon such action being commenced such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole of such penalty shall be exhausted. Immediately upon the recovery of such bond by court action or otherwise, the Community Development Director may, in their discretion, require the filing of a new bond, and such promoter shall file a new bond, and upon failure to file the same within ten (10) days in either case, the Community Development Director shall forthwith suspend such promoter’s license to solicit. The time within which any action may be brought against a surety bond or any bond filed hereunder, may be an express provision of the bond to that effect, be limited to a period of two (2) years from and after the date of discovery of a violation of the conditions thereof by the City or the person aggrieved of the act or default complained of. The surety bond shall comply with the requirements of Section 3-6-301 of this title. [Formerly numbered Section 8-162; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-1813: GRANTING OR REFUSAL OF PERMIT:

A. If the Community Department Director shall be satisfied:

1. That the applicant is of good character and reputation, or that every managing officer or agent of the applicant, if the applicant is a corporation, is of good character and reputation, or if the applicant is an unincorporated firm, an association or partnership, each member thereof is of good character and reputation; and

2. That applicant has sufficient financial responsibility to carry out the obligations incident to any solicitation such applicant may make within the City as such promoter and that all of the statements made in such application are and each of them is true and that neither the applicant nor any officer, agent or member of the applicant has violated any of the provisions of this article or has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct their business fairly and honestly, the Community Development Director shall grant and issue to the applicant a permit to solicit contributions as a promoter; otherwise the Community Development Director shall deny the application and refuse to grant and issue a permit and shall notify the applicant of their decision; provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect applicant’s honesty and integrity and if the inability of the applicant to meet any requirement will not in any way interfere with a proper performance by them in their duties as such promoter the Community Development Director may, in their discretion, waive such ground and grant the application. [Formerly numbered Section 8-163; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1814: EMPLOYING PAID SOLICITOR NOT REGISTERED:

No promoter shall employ any person for pecuniary compensation or consideration received or to be received by such person to solicit or receive in their behalf or at their instigation, under their direction and control or in their employment, any contribution unless such person is registered under and has complied with the provisions of Section 3-4-1807 and 3-4-1808 of this article. [Formerly numbered Section 8- 164; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

3-4-1815: COMMINGLING OF FUNDS BY PROMOTER:

No promoter shall commingle any contribution with the promoter’s own funds or property, or fail at any time to maintain and keep all contributions separate and apart from the promoter’s own funds or property. [Formerly numbered Section 8-165; renumbered by Ord. No. 3058, eff. 2/21/87.]