Delano Municipal Code Ch. 6.56 Charitable Car Wash Permit Procedure

For purposes of this chapter, the following definitions shall apply:

"Applicant" means a member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

"Charitable" means benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

"Charitable car wash" means the request, directly or indirectly, of money, credit, property, financial assistance or other things of value, on the plea or representation that such money, credit, property, financial assistance or other things of value, or any portion thereof, will be used for a charitable or religious purpose, as those purposes are defined in this section, conducted by way of a car wash or similar service, in any place of business open to the public generally, on the city streets. "Charitable car wash," as defined in this section, shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section.

"Charitable organization" means and includes any governmental entity, nonprofit organization, trust or person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include, but are not limited to, the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, environmental protection, and other benevolent purposes which are exempt from taxation pursuant to California Revenue and Taxation Code Section 23701 (d) or Internal Revenue Code Section 501 (c)(3) or some other California Revenue and Taxation Code or Internal Revenue Code section.

"Contribution" means and includes: food, clothing, money, property, subscriptions or pledges and donations, including those under the guise of loans of money or property.

"Member" means a person who belongs to a charitable organization who is entitled to vote, elect officers of the organization or hold office. The term "member" shall not include those persons who are granted a membership solely for making a contribution as a result of the charitable contribution.

"Permit holder" means the charitable organization who has been granted a permit pursuant to this chapter for the purpose of conducting a charitable car wash.

"Person" means any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

"Religious" or "religion" has the meaning established by the Supreme Court of the state or the Supreme Court of the United States.

"Residential property" means a building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments.

(Ord. 983 § 1(part), 1996).

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this chapter.

B. The car wash permit issued under this chapter to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash.

(Ord. 983 § 1(part), 1996).

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the finance department not less than five consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee in the sum of five dollars shall be paid by the applicant. The application fee is based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any;

2. The nature of the relationship between the applicant and the permit holder, including whether the applicant is a volunteer, paid officer or employee, independent contractor or an agent of the permit holder;

3. The purpose for which the proceeds of the car wash are to be used;

4. The full name and address of the person or persons who will be in charge of conducting the car wash. The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time;

5. A short outline of the method or methods to be used in advertising the car wash, if any;

6. The time when such car wash will be held, including preferred dates and hours of the day for commencement and termination of the car wash;

7. 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 the charitable organization by the city or any department or officer thereof;

8. Proof evidencing that the permit holder is a bona fide charitable organization;

9. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five p.m. the day before such change.

E. The application documents shall be available for public inspection.

(Ord. 983 § 1(part), 1996).

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so;

2. The applicant has not provided the information required by this chapter and fails to provide the missing information after being requested to do so;

3. The application indicates that the proposed car wash will violate any of the requirements of this chapter and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

B. Nothing set forth in this chapter shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this section.

C. The finance department shall either issue or deny the requested permit within two consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The dates for which the permit is valid;

3. A statement of the charitable or religious purpose of the car wash;

4. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

5. A permit number; and

6. The signature of the finance director or his/her designee.

(Ord. 983 § 1(part), 1996).

Permits issued under this chapter shall be valid only for the date specified in the application for the car wash and as stated on the permit.

(Ord. 983 § 1(part), 1996).

No permit issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

(Ord. 983 § 1(part), 1996).

A. Car washes held pursuant to permits under this chapter:

1. Shall take place between the hours of eight a.m. and six p.m.;

2. Shall be conducted for a one-day period only;

3. Shall not be conducted by any person under the age of sixteen years, unless supervised by an adult;

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only;

5. Shall be conducted in an area zoned for commercial uses;

6. Shall use biodegradable soaps or detergents;

7. Shall have a means in place to limit waste water or runoff such as a pistol grip nozzle or similar apparatus affixed to each garden hose or water source;

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right-of-way, including but not limited to sidewalks, traffic islands, driveways or the like as to endanger that individual or others;

9. Shall not be conducted at any commercial property which has held a prior car wash in the past three-month period;

10. Shall not be conducted by a charitable organization which has held a prior car wash in the past one-month period.

B. It is unlawful for a permit holder, as defined herein, to:

1. Persistently and importunately request any donation from any member of the public after such member of the public expresses his or her desire not to make a donation;

2. Intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place or any place open to the public generally;

3. Upon request of any person contacted, the permit holder shall provide their name and a copy of the permit issued under this chapter;

4. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent;

5. Misrepresent that the charitable car wash permit issued under this chapter is an endorsement by the city, or any department or employee thereof of the charitable car wash.

(Ord. 983 § 1(part), 1996).

Any person receiving money or anything of value in excess of five dollars from any contributor by means of car wash made pursuant to a permit shall, upon request, give each contributor a written receipt signed by the solicitor showing plainly the name of the permit holder and the solicitor, the permit number, the date and the amount received.

(Ord. 983 § 1(part), 1996).

An organization in the business of fund raising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, shall be considered a "business" and must comply with this Code. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to Section 6.56.020.

(Ord. 983 § 1(part), 1996).

Any violation of this chapter by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this chapter.

(Ord. 983 § 1(part), 1996).

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts car wash as provided in this chapter without procuring the permit as required under Section 6.56.020 or who fails to comply with the conditions of this chapter shall be guilty of an infraction punishable by:

1. A fine not exceeding one hundred dollars for a first violation; and

2. A fine not exceeding two hundred dollars for a second violation within one year; and

3. A fine not exceeding five hundred dollars for each additional violation within one year.

(Ord. 983 § 1(part), 1996).

This chapter is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for-profit basis, must comply with all city, county and state licensing or permitting requirements and do not fall within this chapter.

(Ord. 983 § 1(part), 1996).