Compton Municipal Code § 9-11 Charity Solicitations

[Ord. #856, § 6430]

As used in this section:

CONTRIBUTION

Shall mean and include "alms," "food," "clothing," "money," "property," or "donations under the guise of a loan of money or property."

PHILANTHROPIC

Shall mean and include "charitable," "social service," "benevolent," "patriotic," "civic activity" or "purported philanthropic," "purported social service," "purported benevolent," "purported patriotic," "purported charitable" or "purported civic activity."

SOLICITATION

Shall mean not only a direct oral or written asking or request but also the distribution, circulation, mailing to an address within the City, posting or publishing of letters, posters, handbills, cards, folders, pamphlets, books or circulars or the giving or making of an announcement to the press or over the radio or telephone or telegraph concerning or involving an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gatherings which the public or any portion thereof is requested to meet or patronize or to which the public or any portion thereof is requested to make a contribution, by reason of or because of any philanthropic (as defined in this section) purpose or benefit connected with or involved in any such appeal, assemblage, athletic, or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering. "Solicitation" also shall mean the sale of, offer to sell, or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or thing whatsoever, in connection with which or when or where any appeal is made for any philanthropic purpose whatever (as philanthropic is defined in this section) or the name of any philanthropy or philanthropic association (as philanthropic and association are so defined) is used or referred to in any such appeal as an inducement or reason for the making of any such sale, or when or where in connection with any such sale, offer to sell or attempt to sell, any statement is made that the whole, or any part of the proceeds from any such sale or selling will go to, or be donated to, any philanthropic purpose or association as "philanthropic" and "association" are defined in this section. A solicitation, as defined herein, shall be deemed completed when made, whether or not the person making the same receives any contribution (as defined in this section) or makes any sale herein referred to.

[Ord. #856, § 6431]

No person shall make or perpetrate any misstatement, deception, or fraud in connection with the solicitation of any contribution for any philanthropic purpose or association.

[Ord. #856, § 6431.1]

No person shall solicit any contribution in the name of, or on behalf of, any philanthropic association, unless such person is authorized in writing by such association to make such solicitation, aid authorization to be signed by at least two officers of the association, and unless a copy of such authorization has been previously filed with the City Clerk, which said authorization and the copy thereof so filed with the City Clerk shall each bear a specimen signature of the solicitor, and unless the solicitor shall have such written authorization with him when making any such solicitation and exhibit such authorization on request of the person solicited, or any police officer. Such authorization shall expressly state on its face that it is valid for a period of no longer than three months from the date of the insurance thereof, which date shall be stated therein.

[Ord. #856, § 6431.2]

No person shall use the name of any association in charge or control of any charity, philanthropy or benevolent, social service or patriotic or civic activity, in any solicitation without having written permission from two of the officers of such association to so use its name of the name of, and/or reference to, such charity, philanthropy or benevolent, social service or patriotic or civic activity, which written permission shall be for a specific event or a specified period of time, and a copy of which permission must be filed with the City Clerk prior to any such use.

[Ord. #856, § 6432]

No person shall authorize any other person to solicit any contribution for any philanthropic purpose or association unless within one year, and at least 10 days prior to the beginning of such solicitation, there shall be obtained by such person or association a permit from the Chief of Police of the City of Compton to so solicit. Such permit shall be issued by the Chief of Police upon the filing with the City Clerk of a Notice of Intention to Solicit within the City of Compton, which Notice of Intention shall contain complete information as follows:

a. The purpose of the solicitation and use of the contributions to be solicited.

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

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

d. The expenses of the solicitation, including all commissions, costs of collection, salaries and other items, if any, regardless of from what funds such expenses are payable.

e. What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the Notice of Intention as the object of such solicitation.

f. A specific statement of all contributions collected or received by such association or by such person filing such Notice of Intention within the calendar year immediately preceding the date of such filing. The expenditures or use made of such contributions, together with the names and addresses of all persons or associations receiving salaries, wages, compensation, commissions or emoluments from such contributions and the respective amounts thereof.

g. The names and addresses of the officers and directors of any such association for which the solicitation referred to in such Notice of Intention is proposed therein to be made.

h. A statement that the signers of such Notice have read and are familiar with provisions of this section and will require all solicitors engaged in such solicitation to read and be familiar with the provisions of this section prior to making any such solicitation. Whenever in the opinion of the Chief of Police the Notice of Intention filed with the City Clerk does not disclose sufficient information for the public concerning the facts hereinabove required to be stated in such Notice of Intention, or concerning the person or association making such solicitation or on whose behalf such solicitation is made, then, upon the request of the City Clerk therefor, there shall be filed, in writing, by such person or association, with the City Clerk, within 48 hours after such request made upon such person or association, such additional information as may specifically be required by said Chief of Police upon the foregoing subjects. Provided, however, that the Chief of Police, for good cause, may extend the time for so filing such additional information. The Notice of Intention and such additional information herein provided for shall be signed by such person intending to make such solicitation, or if such solicitation is to be made by or on behalf of any association, by at least two officers of such association and shall be open to the inspection of the public.

[Ord. #856, § 6432.1]

In connection with any solicitation within the City for any contribution for any philanthropic purpose with respect to which the Notice of Intention hereinbefore provided shall have been filed with the City Clerk, the Chief of Police shall have the power to investigate the allegations of such Notice of Intention or any statements or reports filed with the City Clerk pertaining to the solicitation and to have access and to inspect and make a copy of all the books, accounts and papers of such person by or on whose behalf any such solicitation is made, pertaining to such solicitation or the use or expenditure of any contribution so solicited. The Chief of Police shall also have power to investigate at any time the methods of making or conducting any such solicitation.

The Chief of Police may revoke any permit issued as aforesaid upon being satisfied that the holder thereof has violated any of the provisions of this section or any of the provisions of any other law or ordinance regulating charities or philanthropic work in the City, or has made any misstatement in the application for a charity permit or is found to be a person of immoral character or that the holder of said permit or its agents have been guilty of making false statements in order to procure donations or that the contributions solicited are being diverted in whole or in part, improperly, from the purpose for which such solicitations are proposed to be made.

[Ord. #856, § 6432.2]

Any applicant not satisfied with the revocation by the Chief of Police of any charity permit is entitled to an appeal from the decision of the Chief of Police to the City Council. Such appeal shall be taken by filing with the City Clerk a notice thereof, in writing, setting forth the grounds of appeal. The appeal shall come on regularly for hearing before the City Council at the next regular meeting after the filing of the notice thereof and shall be heard at such meeting unless continued to a future date at the request of the appellant. On the hearing of such appeal all facts connected with the revocation of said permit shall be presented to the City Council and the City Council may make such further investigation as it shall deem necessary and may affirm or reverse the decision of the Chief of Police as the case may be; and in the event the decision of the Chief of Police in revoking any permit be reversed, the City Council shall order the Chief of Police to reinstate said permit and the Chief of Police shall so do.

[Ord. #856, § 6432.3]

The revocation of a permit as herein provided shall not be a bar to the prosecution of the holder thereof for a violation of any provision of this section.

[Ord. #856, § 6433]

a. No person shall solicit any contribution for any philanthropic purpose, or in the name of, or on behalf of, any charitable association, unless such person exhibits to every person solicited an Information Card to be issued by the City Clerk, which Information Card shall bear a statement that the City Clerk issued it only for the information of the public and not as an endorsement of the solicitation, and shall set forth so much of the pertinent facts stated in the Notice of Intention hereinabove provided for, filed with said City Clerk or disclosed by any additional information obtained by the City Clerk as shall, in the opinion of the Chief of Police be of assistance to any person solicited for any such contribution to enable such person to determine the nature and worthiness of the purpose for which such solicitation is made. When making any solicitation the solicitor shall read the Information Card to the person solicited or present it to the person for his perusal, allowing him sufficient opportunity to read the same, before accepting any contribution so solicited. Provided that when any solicitation referred to in this section is conducted by printed matter or published article, or over the radio, or telegraph, such publicity shall contain data and information required to be set forth on the Information Card. Provided further, that when a campaign or drive for raising funds for any philanthropic purpose is given general publicity through the press or otherwise and when more than 25 persons serve as solicitors without compensation for their services, the Chief of Police may, upon application by the association or person filing the Notice of Intention hereinbefore in Subsection 11-9.5 provided for, waive the requirements of this section with respect to Information Cards and the filing of copies of written authorizations (hereinabove provided for in Subsection 9-11.3) of the solicitors serving without compensation, if it shall be proven to the satisfaction of the Chief of Police, and the Chief of Police finds that the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required herein to be set forth on the Information Card. Provided, further, that upon receipt of additional information, which, in the opinion of the Chief of Police, may render incorrect any statement set forth in any such Information Card, the Chief of Police shall recall every such Information Card, and amend or correct the same or shall issue in lieu thereof a new Information Card amended or corrected in accordance with such additional information, and upon receipt of notification to return any Information Card for amendment or correction or new issue, as above provided, the association or persons who filed the Notice of Intention for the solicitation for which any such card was issued shall present such recalled Information Card to the City Clerk within 24 hours from the time of receipt of the notification. Provided, further, that upon request therefor by the Chief of Police, all Information Cards issued under the provisions of this section shall be returned to the City Clerk upon completion of the solicitation for which they are issued or at the expiration of the period for which they are valid. Provided, further, that the City Clerk may charge a fee for supplying Information Cards at the rate of $0.05 per card.

b. No person or association shall solicit, nor shall any officer or member of any association authorize any person to solicit within the City any contribution for any of the purposes set forth in this section or for the solicitation of funds for any purported charitable or philanthropic organization by the use of telephones.

[Ord. #856, § 6434]

Every person soliciting any contributions within the City for any philanthropic purpose shall file with the City Clerk within 30 days after a demand therefor by the City Clerk, a report to the City Clerk stating the contributions secured from or as a result of any solicitation, and in detail all expenses of, or connected with, such solicitations, and showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distributed. Every such report shall be made on forms to be furnished by the City Clerk and signed by the persons or association filing or obligated to file the Notice of Intention for such solicitation hereinbefore provided for, and such report, if made by any association, shall be signed by at least two officers thereof. Provided that when any such solicitation is made by any such association, such report need be filed only by such association and not by an individual solicitor engaged in any solicitation.

[Ord. #856, § 6435]

No person or association shall solicit nor shall any officer or member of any association authorize any person to solicit, within the City, any contribution, for any purpose whatever, by means of any box or receptacle, upon or in any public park, street or alley, or upon or in any publicly owned or controlled place or premises within the City except by written permission of the Chief of Police.

[Ord. #856, § 6436]

No person shall solicit any contribution for any charitable purpose for or on behalf of any association, unless such association is maintaining a system of accounting whereby all donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer.

[Ord. #856, § 6437]

The provisions of this section shall not be applicable to any solicitation made upon premises owned or occupied by the association upon whose behalf such solicitation is made, nor to any solicitation for the relief of any individual specified by name at the time of the solicitation where the entire amount collected, without any deduction whatever, shall be turned over to the named beneficiary, nor to the solicitation or collection 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 members of any religious or charitable organization which has been in existence in, and which has regularly 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.

[Ord. #856, § 6438]

The Chief of Police is hereby empowered to waive the whole or any part of the provisions of Subsection 9-11.3 through Subsection 9-11.8, as and if he shall deem such waiver necessary, when, and only in the case of, any charitable association applies for such waiver for the purpose of meeting any extraordinary emergency or calamity when time is of the essence for needed succor or relief.

[Ord. #856, § 6439]

No person or association, in making any solicitation for any philanthropic purpose or association within the City or in connection with any such solicitation, shall use or give to any person or association a fictitious name, or an alias, or any other than his or its own full, true, and correct name, or make any such solicitation without at the time giving to the person or association solicited for such contribution the full, true, and correct name of the person or association soliciting, or impersonate any other person or association in making any such solicitation.