Fremont Municipal Code Art. V Charitable Vendors and Solicitors

(a) Applicants for a permit under this article must file with the finance department, revenue division, a sworn application in writing on a form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license or other state-issued photo identification card of the applicant;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;

(3) Name, address and telephone number of the charitable purposes organization(s) for which the applicant intends to solicit contributions or engage in the conduct of a charitable vendor or solicitor;

(4) Name, birth date, and driver’s license or other state-issued photo identification card of each person who will engage in the conduct of a charitable vendor or solicitor pursuant to the permit;

(5) If the applicant is a minor under the age of 16 years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(6) Two passport-quality photographs of each person who will engage in the conduct of charitable vendor or solicitor, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(7) Item(s) or services to be sold for charitable purposes, if applicable;

(8) The name and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names of all professional fundraising vendors and/or solicitors connected or to be connected with the proposed solicitation and/or vending;

(9) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, misrepresentation, sex crimes, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(10) A letter from each charitable purposes organization set forth in subsection (a)(3) of this section certifying the applicant’s authority to engage in the conduct of charitable vendor or solicitor on behalf of the charitable purposes organization;

(11) If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the director finds reasonably necessary;

(12) A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(13) A statement whether or not the applicant has suffered revocation of any required permit;

(14) Agreement by the applicant to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant;

(15) Proof of compliance with Chapter 5.05;

(16) Evidence of general liability insurance in a form and at levels of coverage acceptable to the city;

(17) A statement as to whether any person intending to engage in the conduct of charitable vendor or solicitor under a permit issued pursuant to this chapter is a commercial fundraiser for charitable purpose, and, if so, documentation from the California Attorney General that the applicant has complied with the requirements of Cal. Gov’t Code § 12599, or its successor; and

(18) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

(b) All applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 06-2021 § 1, 6-15-21.)

(a) Every charitable or civic organization required to obtain a permit pursuant to this article shall provide a copy of its permit to every employee, volunteer, or charitable or professional solicitor soliciting or attempting to solicit contributions or vendor selling merchandise on its or their behalf.

(b) Every charitable or professional solicitor or vendor who solicits contributions or sales of the public in person shall at all such times as he or she makes such solicitations or sales wear an identification badge or card visible to the public issued by the city. The identification badge shall contain a picture of the charitable or professional solicitor or vendor not less than two inches square, the name of the individual solicitor or vendor, the name, local address and local telephone number of the charitable or civic organization, and a brief statement of the purpose(s) to which the contribution will be put. In the case of a professional solicitor or vendor, the badge or card must also include the words “paid professional solicitor” or “paid professional vendor” in boldface type not less than twice the height and stroke width of any other type on the card or badge and as a minimum shall be at least three-eighths inch high and one-eighth inch wide. (Ord. 06-2021 § 1, 6-15-21.)

A professional solicitor or vendor shall fully disclose to any prospective donor, before requesting any contribution or receiving any contribution, the minimum percentage of any amount contributed which will be received by the charitable organization for its own use after the charges and expenses of the professional solicitor or vendor and any professional counsel are deducted. Provided, if such percentage to the charitable organization is at least 70 percent, no such disclosure need be made. (Ord. 06-2021 § 1, 6-15-21.)

Charitable solicitors or vendors shall comply with the following:

(a) A person shall only engage in the conduct of charitable solicitor or vendor after 8:00 a.m. and before one-half hour after sunset in residentially zoned areas. In commercial and industrial zoned areas charitable solicitor or vendor permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday until 2:00 a.m. on the following day. All charitable solicitor or vendor permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Friday and Saturday until 3:00 a.m. the following day in commercial and industrial zoned areas.

(b) Permit holders shall comply with all state and federal laws and all local ordinances, including the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Cal. Gov’t Code § 12580 et seq.), or its successor. (Ord. 06-2021 § 1, 6-15-21.)