Chapter 5 — CHARITABLE SOLICITATIONS

Note: Sections 4500 through 4509 and 4550 through 4570, repealed by Sections 1 and 2, Ordinance 754, adopted June 19, 1984.

"Charitable purpose"

• (1) shall mean philanthropic, religious, or other nonprofit objectives, including the benefit of poor, sick, needy, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution.

• (2) shall not mean or include the direct benefit of the individual making the solicitation, or the direct or indirect benefit of any specific or identifiable individual.

• (3) shall not mean or include the direct benefit of any political group or political organization which is subject to financial disclosure under State or Federal law.

"City Manager" shall mean and include the person exercising that function or any City employee designated by the City Manager to perform such functions hereunder.

"Contribution" shall mean anything of value, including, but not limited to, money, property or other type of financial assistance, or the purchasing or offering to purchase anything of value or not, including goods, services, books, pamphlets, tickets, subscriptions to publications, upon the express or implied representation that the proceeds, or a portion thereof, of the gift, pledge or purpose will be used for a charitable purpose.

"Individual" shall mean only a natural person.

"Person" shall mean and include any natural person, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league and shall include any receiver, trustee, assignee, agent, employee or other similar representative thereof.

"Solicit" or "solicitation" means any request, directly or indirectly, for any contribution used for a charitable purpose whether the solicitation is conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the City streets or sidewalks, in public parks, or in any public place.

A "solicitation" as that term is defined in herein is deemed to have taken place when the request for donation or offer for sale is communicated to any person then located within the City limits. (Added by Ord. 754, adopted 6-19-84; amended by Ord. 820, adopted 5-13-86; Ord. 945, adopted 7-28-92)

The provisions of this chapter shall not apply to the following:

• (a) Charitable solicitations by persons other than a natural person, from their members;

• (b) Charitable solicitations by a person when such solicitation occurs on premises not open to the public generally and owned or controlled by the person making the solicitation or when such solicitation occurs with the permission of the person who owns or controls such premises;

• (c) The issuance of any announcement or advertisement that such solicitation as described in subsections (a) and (b) of this section will occur or which announces or advertises an event at which unannounced solicitation as described in subsections (a) and (b) of this section occurs;

(d) Charitable solicitations made through the United States mail. (Added by Ord. 754, adopted 6-19-84)

No person, directly or indirectly, shall make any charitable solicitation or authorize any other person to make any charitable solicitation within the City until such person shall have first obtained a certificate of registration from the City Manager as provided in this chapter. (Added by Ord. 754, adopted 6-19-84)

All persons desiring to solicit for charitable purposes in the City shall file with the City Manager a registration statement on forms provided by the City Manager. Such registration statements shall be sworn to or affirmed and filed with the City Manager not less than 10 days prior to the time at which the solicitation is to commence; provided, however, the City Manager, for good cause shown, may allow such filing less than 10 days prior to the commencement of the solicitation.

(Added by Ord. 754, adopted 6-19-84)

The following information shall be required in the registration statement:

• (a) The name of the person registering and desiring to solicit for charitable purposes;

• (b) Whether the person registering is a natural person, partnership, corporation, association or any other classification set forth in Section 4500, subsection (d) of this chapter;

• (c) If the person registering is a natural person, the business or residence address and telephone number of the person;

• (d) If the person registering is other than a natural person:

  • (1) The address and telephone number of the principal place of business of the person;

  • (2) The names, business or residence addresses and business or residence telephone numbers of the officers, executives, partners and directors, as each of those terms applies, of the person. If there are more than five officers or directors, only the five principals among the officers and five principals among the directors need be listed.

• (e) A brief description by the person registering of the charitable purpose for which the solicitation is to be made, and an explanation of the intended use of the contributions received from the solicitation toward that charitable purpose;

• (f) The names of the highest ranking individuals (up to five people) authorized to disburse the proceeds of the solicitation;

• (g) The names, addresses and telephone numbers of the highest ranking individuals (up to five people) who will be in direct charge or control of the solicitation;

• (h) For all individuals named in subsections (c), (d)(2), (f), and (g) of this section:

  • (1) Whether such individuals have ever been convicted of a felony or any crime involving moral turpitude, and if so, the date of the conviction and the crime for which such individuals were convicted, and

  • (2) The date of birth and physical descriptions (height, weight, color of eyes and hair) of such individuals. This information may be used by the City to make further investigations into the backgrounds of these individuals. Any information obtained thereby shall become a public record as provided in Section 4519;

• (i) The time period within which the solicitation is to be made, giving the dates of commencement of the solicitation and the scheduled or anticipated conclusion;

• (j) A description of the method and means by which the solicitation will be made or conducted;

• (k) The total amount sought to be raised by the solicitation;

• (l) An estimation of the expenses to be incurred in connection with the solicitation and the disbursement of the contribution received therefrom, including but not limited to salaries, wages, fees, commissions and other administrative expenses and costs; and an estimated percentage of the total anticipated contributions received from the solicitation which will be used to pay such expenses;

• (m) A statement of all contributions collected or received by the person through solicitations within the calendar year immediately preceding the date of the filing of the registration statement, and the expenditure or use made of such contributions, including, but not limited to the percentage of the amount collected which was used to pay administrative expenses of the person, and all compensation paid during the last calendar year by the soliciting organization to each of the individuals who are listed in subsection (d)(2) of this section;

• (n) The names of any other cities in which the person registering has solicited for charitable purposes within the past five years; provided, however, that if the amount of cities exceeds 10, the person registering may list the 10 cities in which the most recent solicitations occurred;

• (o) A statement to the effect that upon receipt of the certificate of registration, such certificate will not be used or represented in any way as an endorsement by the City or any of its departments, officers or employees;

• (p) What records of the contributions received from the solicitation will be kept and the location where, and time when, these records will be open to the public;

• (q) A statement, signed under penalty of perjury, by (1) the registrant, if the person registering is a natural person; or (2) the individual charged with disbursing the contributions solicited, if the person registering is other than a natural person, as the term "person" is defined in Section 4500, Subsection (d), that such individual has carefully read the registration statement and that all the information contained therein is true and correct.

(Added by Ord. 754, adopted 6-19-84; amended by Ord. 945, adopted 7-28-92)

Every registration statement shall be accompanied by a registration fee of five dollars to compensate the City for the cost of administering this chapter, and such fee is not refundable if the certificate of registration is not issued.

(Added by Ord. 754, adopted 6-19-84)

• (a) After a review of the registration statement to determine its compliance with Section 4504 of this chapter, the City Manager shall, within 10 days, issue a certificate of registration as provided in this chapter unless:

  • (1) The applicant has submitted an incorrect and incomplete application, and the applicant fails to correct the application after being requested to do so.

  • (2) The applicant has, within the past five years, had a judgment rendered against him/ her as a defendant guilty of any of those crimes set forth at Section 4504(h)(1).

  • (3) The time and place of the proposed permit activities is not in accordance with the regulations set forth herein.

• (b) In the event the City Manager fails to act within the time prescribed in subsection (a) of this section, the certificate of registration shall be deemed issued.

• (c) If the applicant disagrees with the City Manager's decision, the applicant may appeal to the City Council, as outlined in Section 4516.

• (d) A permit issued pursuant to this chapter will authorize the permit holder to solicit for the stated purpose(s) designated in the application only. There shall be no permit activity until the permit is actually issued or deemed issued.

(Added by Ord. 754, adopted 6-19-84; amended by Ord. 945, adopted 7-28-92)

Certificates of registration issued under this chapter shall bear the name and address of the person to whom the certificate is issued, the registration number which is the same as the file containing the registration statement filed by the registrant, the date of issuance of the certificate, the expiration date of the certificate and a statement that the certificate does not constitute an endorsement by the City or any of its departments, officers or employees of the purpose, or for the person conducting, the solicitation.

(Added by Ord. 754, adopted 6-19-84)

• (a) All individuals soliciting on behalf of a person to whom a certificate of registration has been issued shall visibly display a solicitors' identification card to any person or persons to whom the solicitation is made prior to making the solicitation. If the solicitation is made by telephone, the solicitation shall clearly state all the information contained on the identification card, prior to making the solicitation.

• (b) The identification card shall contain the following information:

  • (1) The name of the person to whom the certificate of registration is issued;

  • (2) The registration number;

  • (3) The name of the solicitor;

  • (4) The expiration date of the certificate of registration;

  • (5) A statement of the charitable purpose for which the solicitation is made;

  • (6) The percentage of total anticipated contributions received from the solicitation which will be used to further the charitable purpose;

  • (7) A statement that the registration statement relative to the solicitation is available for inspection by members of the public at the City Manager's office during regular business hours;

  • (8) A statement that the identification card is not an endorsement of the solicitation by the City or any of its departments, officers or employees.

• (c) The person registering shall provide, by a separate list, the names and addresses of all agents, employees, or solicitors for whom identification cards are desired. For all such individuals, the person registering shall also provide all information required to be disclosed under Section 4504, subsection (h) (1) and (2). All such information shall become a public record as provided in Section 4519. The City Manager shall issue up to 10 identification cards with the certificate of registration without any additional charge. The registrant may obtain additional cards by paying to the City its actual cost for such cards.

• (Added by Ord. 754, adopted 6-19-84; Ord. 820, adopted 5-13-86)

Every certificate of registration and identification card issued thereunder shall expire at the termination of the solicitation period specified in the registration statement or one year from the date of issuance, whatever is less unless renewed pursuant to Section 4510 or revoked pursuant to Section 4515.

(Added by Ord. 754, adopted 6-19-84)

• (a) On the expiration of any certificate and if requested in writing to do so, the City Manager shall renew the permit within 10 days after such request if the registrant states, under penalty of perjury, that:

  • (1) No change in the information provided in the registration statement has occurred since the issuance of the original certificate;

  • (2) The registrant has complied or intends to comply with Section 4511 regarding the filing of a closing financial statement: and

  • (3) The registrant has not violated any of the provisions of this chapter.

• (b) Any renewal, if granted, shall expire six months after the date upon which such renewal was granted.

(Added by Ord. 754, adopted 6-19-84)

• (a) Not later than 30 days from the expiration of the certificate of registration, the person registering shall file with the City Manager, on forms provided by the City Manager, a closing statement regarding the solicitation of funds, which shall be a sworn financial statement showing the total funds collected from the solicitation and the purpose and amount for which such funds were disbursed by the person registering and any incurred but unpaid expenses resulting from the solicitation.

• (b) In the event a renewal of the certificate of registration is granted to the registrant, such renewal shall not relieve the registrant from complying with the requirements of this section. The registrant shall continue to be required to file a closing financial statement at the expiration of the original certificate of registration and an additional closing financial statement at the expiration of the renewal period, relative to solicitations made within that renewal period.

(Added by Ord. 754, adopted 6-19-84)

No certificate of registration issued under this chapter shall be transferred or assigned, and any such attempt to make such transfer or assignment shall be void. (Added by Ord. 754, adopted 6-19-84)

No person to whom a registration statement is issued pursuant to this chapter or any of its employees, agents or solicitors shall:

• (a) Solicit between the hours of 9:00 p.m. and 9:00 a.m., except by prior appointment;

• (b) Solicit or authorize solicitations to be made if such solicitor, employee or agent making the solicitation is under the age of 16 years, unless such solicitor is supervised by an adult in the immediate vicinity, not to exceed one street block;

• (c) Solicit at any house, apartment or other dwelling or any business premises to which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant thereof;

• (d) Persistently and importunately request any contribution from any member of the public after such member of the public expresses the desire not to contribute;

• (e) 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.

• (Added by Ord. 754, adopted 6-19-84; amended by Ord. 945, adopted 7-28-92)

In the event the City Manager denies a certificate of registration to any person for failure to comply with Section 4504, the City Manager shall give the registrant a written notice, stating with specificity the reasons for such denial, including proof that the City Manager notified the registrant of the deficiencies of the registration statement prior to such denial. (Added by Ord. 754, adopted 6-19-84)

• (a) Whenever it shall be shown that any person to whom a registration certificate has been issued or any person soliciting on behalf of such certificate holder has violated Section 4508 by failing to visibly display the solicitor's identification card, or to clearly state all the information required on the identification card, prior to making the solicitation, Section 4512 by attempting to assign or transfer the certificate of registration, Section 4513 by soliciting in any manner prohibited thereunder, or Section 4517 by failing to provide the contributor with a receipt as required thereunder, the City Manager shall revoke the registration certificate; provided, however, that the City Manager must, prior to such revocation, give written notice to the certificate holder of not less than two business days. Delivery of such notice shall be in person or by registered/certified mail to the address of the certificate holder as listed on the registration statement.

• (b) The notice of revocation shall state with specificity the reason or reasons for the revocation, and shall also set forth the method by which the registrant may appeal the City Manager's action to the City Council as set forth in Section 4516.

• (c) In the event a person's certificate of registration is revoked pursuant to Subsection (a) of this section, such revocation shall be treated as an expiration of the certificate for purposes of requiring the registrant to file a closing financial statement 30 days after the date of revocation, as set forth, in Section 4511.

(Added by Ord. 754, adopted 6-19-84; amended by Ord. 820, adopted 5-13-86)

• (a) Any applicant for a certificate of registration or certificate holder aggrieved by any action of the City Manager to deny, revoke or refuse to renew a certificate may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. Such appeal shall be filed within 10 days after the disputed action of the City Manager, and the City Council shall hear the appeal at its next regular meeting after the filing of the appeal. At the time of the appeal hearing, the City Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon within three business days after the hearing.

• (b) In the event the City Council affirms the decision of the City Manager, the appellant shall be given written notice thereof within two days thereafter. Such notice shall state with specificity the reasons for the City Council's decision, and shall also state that said decision is appealable to the Superior Court of the State as set forth in Subsection (c) of this section.

• (c) The action of the City Council shall be final and appealable to the Superior Court of the State.

(Added by Ord. 754, adopted 6-19-84)

Any person receiving money or anything of value in excess of five dollars from any contributor by means of a solicitation made pursuant to a permit shall, upon request, give such contributor a written receipt showing the name of the permit holder and the solicitor, the permit number, date and amount received. This section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contribution.

If the money or thing of value is received in person, the receipt shall be handed to the contributor at the time it is received. If the money or thing of value is received by telephone, by mail, by messenger, or by any other means other than in person, the receipt shall be sent by mail within three days of the time it is received.

(Added by Ord. 754, adopted 6-19-84; amended by Ord. 820, adopted 5-13-86; Ord. 945, adopted 7-28-92)

Nothing set forth in this chapter shall be construed as granting to the City Manager, or any other person, the authority or discretion to issue, deny, revoke, or renew any certificate of registration by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, certificate holder or person soliciting therefor, or by reason of disbelief in the charitable purposes of the person seeking to solicit pursuant to this chapter or for any other reason not specifically provided for in this section.

(Added by Ord. 754, adopted 6-19-84)

All registration statements filed with the City Manager and all information obtained by the City pursuant to Sections 4504(h)(2) and 4508(c), whether or not a certificate of registration has been issued, shall be a public record and shall be available for inspection by members of the public during regular business hours, and copies may be obtained at the regular cost for copies of other public records. The Manager is authorized to cause such information to be published as a public notice in the local newspaper or posted within the City limits if such publication or posting is determined by the City Manager to be necessary in order to provide full and complete disclosure to members of the public.

(Added by Ord. 754, adopted 6-19-84)

Any person, as defined in subsection (d) of Section 4500 of this chapter, or any agent, servant, employee, officer or solicitor thereof, violating any provisions of this chapter, or who aids or abets in the procuring of a violation of any provision, part or portion of this chapter, or who files or causes to be filed a registration statement containing false or fraudulent statements of fact shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense, or undergo imprisonment for not more than six months, or both. Each violation shall be deemed a separate offense and shall be punishable as such. (Added by Ord. 754, adopted 6-19-84)