Culver City Municipal Code Ch. 11.05 Charitable Solicitations

Section

Cross-reference:

Bingo games, see § 11.06.005

Prohibition against abusive solicitation, see §§ 13.03.300 - 13.03.315

For the purposes of this Chapter, the following words are defined and shall be construed as hereafter set forth unless it is apparent from the context that they have a different meaning:

CHARITABLE. Includes the words philanthropic, social service, benevolent, patriotic, welfare, civic, educational, or fraternal, either actual or proposed.

CONTRIBUTION. Includes the words alms, food, clothing, money, property or donations under the guise of a loan of money or property.

SOLICIT or SOLICITATION. To request, directly or indirectly, money, property, including discarded household furnishings, newspapers, magazines, cast-off material, or financial assistance of any kind including donations; or to sell, to offer for sale, or to exhibit any thing or object whatever to raise money, including any article, toy, service, emblem, publication, ticket, advertisement or subscription; or to secure or attempt to secure money or donations or other property by promoting any bazaar, sale, dance, card party, supper or entertainment.

('65 Code, § 11-1) (Ord. No. 84-018 § 1; Ord. No. 2025-001 § 2 (part))

The Chief Financial Officer shall have the following powers:

A. To investigate the statements in any Notice of Intention to Solicit or any statement or report;

B. To investigate, at any time, the methods of making or conducting any solicitation;

C. To issue, upon the filing of a Notice of Intention to Solicit, solicitor's information cards, which card shall show that such card is issued as information for the public and is not an endorsement, unless the Chief Financial Officer expressly endorses such charitable association;

D. To charge a fee, for supplying information cards. Such fee shall not exceed five cents ($.05) per card;

E. After a Notice of Intention to Solicit is filed, and upon the request of the person filing such Notice, to waive all the conditions set out in §§ 11.05.020, 11.05.045, 11.05.050, and 11.05.055 and the requirement for filing of written authorization, as set out in § 11.05.040, when a campaign or drive for raising funds for any charitable purpose is given general publicity through the press or otherwise, when more than twenty-five (25) persons serve as solicitors without compensation, and when the publicity concerning such solicitation fully informs the general public and the persons to be solicited as to the facts required to be set forth in a Notice of Intention to Solicit.

('65 Code, § 11-2) (Ord. No. 84-018 § 2; Ord. No. 2025-001 § 2 (part))

No person shall solicit, nor shall any officer or member of any association authorize any person to solicit, any contribution for any charitable purpose unless at least ten (10) days prior to the beginning of such solicitation, there shall have been filed with the Chief Financial Officer by such person or association upon whose behalf such solicitation is made, a written Notice of Intention to Solicit. The Notice shall be on forms furnished by the City and shall contain the following information:

A. The purpose of such solicitation and use of the contribution 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 such solicitation, including salaries and other items, if any, regardless of which funds are used to pay such expenses;

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

F. A specific statement of the total of all contributions collected or received by such person or association within the calendar year immediately preceding the filing of such Notice of Intention. 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 is proposed to be made;

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

I. A statement that the signers of such Notice of Intention have read and are familiar with the provisions of this Chapter and will require all solicitors engaged in such solicitation to read and be familiar with all Sections of this Chapter prior to making any such solicitation.

('65 Code, § 11-3) (Ord. No. 84-018 § 3; Ord. No. 2025-001 § 2 (part))

There shall be filed with the Chief Financial Officer with such Notice of Intention to Solicit, a statement of any agreement made with any agent, solicitor, promoter, manager or conductor of such solicitation, together with a copy of each agreement which may be in writing. 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, written details thereof shall be filed with the City. Whenever, in the opinion of the Chief Financial Officer, the Notice of Intention to Solicit filed with the City does not disclose sufficient information for the public concerning the facts hereinabove required to be stated in such Notice of Intention to Solicit or concerning the person or association making such solicitation or on whose behalf such solicitation is made, then, upon the request of the City, there shall be filed, in writing, within forty-eight (48) hours after such request, such additional information as may be required by the City upon the foregoing subjects. Provided, however, that the Chief Financial Officer, for good cause, may extend the time for filing such additional information. The Notice of Intention to Solicit and such additional information, if requested, shall be signed by such person intending to make such solicitation, or if 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.

('65 Code, § 11-4) (Ord. No. 84-018 § 11; Ord. No. 2025-001 § 2 (part))

No person shall use in soliciting or give to any person whomsoever, either a fictitious name or an alias or any other than his full, true and correct name, or make any such solicitation without at the time of giving to the person solicited his own full, true and correct name, nor shall he impersonate any other person in making such solicitation.

('65 Code, § 11-5)

No person shall solicit any contributions for or on behalf of any charitable 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.

('65 Code, § 11-6)

A. Solicitation on public property.

1. No person shall solicit any charitable contribution by means of any receptacle, upon, over or in any public street, sidewalk or way, or in any public park or in any publicly-owned or controlled place without:

a. First having complied with the provisions of this Chapter;

b. First having received written permission from the City for the location of such receptacle; and

c. First having provided on the receptacle in legible and clearly visible writing the solicitors name and address, a statement that information regarding the purpose of the receptacle is on file in the City Treasurer's Office of Culver City and the address of City Hall.

2. In granting or denying such permission the City shall be concerned only with the time, place and manner such receptacle will be used.

B. Solicitation on private property. No person shall solicit any charitable contribution, or any contribution for any real or purported charitable purpose, by means of any receptacle, on any private property immediately abutting upon any public sidewalk or way, in any place of business open to the public, in any room, hallway, corridor, lobby or entranceway, or other place open to or accessible to the public, or in any place of public resort, without complying with the provisions of this Chapter except that the City approval of the location is not required, provided however, a list of each location shall be provided to the City.

('65 Code, § 11-7) (Ord. No. 84-018 § 4; Ord. No. 2025-001 § 2 (part))

No person shall use the name of any association in charge or control of any charitable activity in any solicitation without having written permission from two (2) of the officers of such association, to use its name or the name of or reference to such charitable activity, which written permission must be for a specific event or a specified period of time and a copy of such permission must be filed with the City prior to any such use.

('65 Code, § 11-8) (Ord. No. 2025-001 § 2 (part))

No person shall accept any charitable contribution unless both the information card, as provided for in § 11.05.010 C. and the Notice of Intention, as provided for in § 11.05.015, are presented to the person solicited for perusal, allowing sufficient opportunity for such person to read such documents.

('65 Code, § 11-9) (Ord. No. 84-018 § 5)

Every person soliciting any contribution for any charitable purpose must file with the City within thirty (30) days after the close of any such solicitation or within thirty (30) days after a demand therefor by the City, a report to the Chief Financial Officer Committee City Treasurer stating the contributions secured from or as a result of any such solicitation, and in detail all expenses of or connected with such solicitation, 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, and signed by the persons or association filing or obligated to file the Notice of Intention to Solicit, and such report, if made by any such association, shall be signed by at least two (2) 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 such solicitation.

('65 Code, § 11-11) (Ord. No. 84-018 § 12; Ord. No. 2025-001 § 2 (part))

A. Except as provided in Subsections B. and C., a person soliciting a charitable contribution shall tender, to each person making such contribution, a written receipt signed by the solicitor which contains, in addition to a description of the amount and kind of the contribution, substantially the following information:

1. The name of the association, if any, in whose name or upon whose behalf the solicitation is made;

2. A statement as to whether the contribution solicited is to be applied for the general purposes of such association, if any, or for specific purposes, and if for specific purposes the nature thereof shall be clearly stated.

3. A statement that the information card and Notice of Intention was presented to the person making such contribution for perusal prior to receipt by the solicitor of the contribution.

B. No receipt need be given or tendered, if donation of money is made by placing the same in a locked receptacle, of a kind previously approved by the City pursuant to § 11.05.035, in such manner that it is impracticable to ascertain either the amount donated or the name of the donor.

C. No receipt need be given for any contribution in an amount of Five Dollars ($5.00) or less or for any contribution, of any kind, if the donor states that a receipt is not requested.

('65 Code, § 11-12) (Ord. No. 84-018 § 6; Ord. No. 2025-001 § 2 (part))

The provisions of this Chapter, except §§ 11.05.005, 11.05.035, and 11.05.040, shall not be applicable to any charitable solicitation made upon premises owned or occupied by the association upon whose behalf such solicitation is made; nor to any association soliciting contributions solely from persons who are members thereof at the time of such solicitation.

('65 Code, § 11-14) (Ord. No. 84-018 § 7)

No person shall make a solicitation for charitable purposes in violation of § 11.05.070 of the Culver City Municipal Code.

('65 Code, § 11-17) (Ord. No. 84-018 § 8)

The manner of conducting commercial, political, religious and charitable solicitation and advertising shall be governed by the following provisions:

A. Except as provided in Subsection B., no person shall enter upon the premises of, or ring the doorbell of, or knock upon the door of, any private residence, apartment or multiple dwelling, for the purpose of any commercial solicitation, political, religious or charitable solicitation or informational canvassing when a sign, of not less than six (6) square inches, is conspicuously displayed near the front door or door bell of such private residence or near the entrance of such apartment of multiple dwelling and such sign contains the statement, with letters at least one-half (½) inch in height, “No Soliciting” or a substantially similar statement.

B. The provisions of Subsection A. shall not apply if prior to the entering, ringing or knocking, such person has been requested or invited by an adult occupant of the premises to be thereupon for the purposes regulated by Subsection A.

C. Persons or organizations who desire to conduct commercial door-to-door solicitation shall obtain a Culver City business tax certificate. Those individuals or organizations which qualify as nonprofit, tax exempt political, religious or charitable associations shall file a notice of intent to solicit which shall be obtained from the Business Tax Division of the City Treasurer's office.

D. No person shall deposit, place, throw or scatter any commercial, political, religious or charitable advertising material upon the premises of any private residence, apartment or multiple dwelling, when a sign, of not less than six (6) square inches, is conspicuously displayed, near the front door or doorbell of such residence, or near the entrance of such apartment or multiple dwelling, and such sign contains the statement, with letters at least one-half (½) inch in height, “No Advertising” or a substantially similar statement.

E. No person shall deposit, place, throw or scatter, any commercial advertising material upon any automobile or other vehicle.

F. Any commercial, political, religious or charitable advertising material, consisting of more than one page, shall be wrapped in a cover, boxed, or tied in a compact bundle with tape, string, rope, wire or rubber band, if it is deposited, placed, thrown or scattered upon any private residence, apartment or multiple dwelling or place of business.

G. This Section shall not be applicable to any commercial, political, religious or charitable advertising material received through the U.S. Mail.

('65 Code, § 23-49) (Ord. No. 84-018 § 13; Ord. No. CS-733 § 1; Ord. No. 95-002 § 1)

Each act of solicitation which violates any provision of this Chapter shall constitute a separate misdemeanor offense, which is punishable as provided in § 1.01.040 of this Code.

('65 Code, § 11-18) (Ord. No. 84-018 § 9)