Fresno Municipal Code Art. 7 Solicitation of Contributions

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phrases used in this article unless the particular provision or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Charitable" shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

(c) "Contributions" shall mean and include the words alms, food, clothing, money, subscription, property, or donations under the guise of a loan of money or property.

(d) "Controller" shall mean the Controller and Director of Finance of the city.

(e) "Organization" shall mean any firm, individual proprietorship, partnership, joint venture, association, corporation, church, religious denomination, religious sect, society or league, and includes any trustee, receiver, assignee, agent, employee or similar representative thereof.

(f) "Promoter" shall mean a person or organization, employed or engaged by any other person or organization, on a salary, commission or percentage basis, to conduct a solicitation for any charitable or religious purpose for or on behalf of such other person or organization. No person who holds a permanent salaried office or position with any charitable or religious entity or organization shall be deemed a promoter.

(g) "Religious" shall be given its commonly accepted definition.

(h) "Solicit" and "solicitation" shall mean the request, made directly or indirectly, for money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value, or any portion thereof, will be used for a charitable or religious purpose. These words shall also mean and include the following methods of securing money, credit, property, financial assistance, or other thing of value on the plea or representation that it, or any portion thereof, will be used for a charitable or religious purpose:

(1) Any oral or written request;

(2) The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement, or publication;

(3) The making of an announcement in any newspaper, by radio or television, or by telephone or telegraph, concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering which the public is requested to patronize, or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;

(4) The sale of, or offer or attempt to sell, any advertisement, advertising space, book, card, coupon, device, magazine, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or in connection with which the name of any charitable or religious organization is used or referred to as an inducement or reason for making the purchase, or in connection with which any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose, or in connection with which any request or suggestion is made that the purchaser donate for charitable purposes all or any part of the thing purchased; and

(5) The placing, in any place open or accessible to the public, of any receptacle for the reception of money or property, in connection with which any appeal is made for a charitable purpose. (Rep. and Added Ord. 83-77, § 2, eff. 7-15-83).

(a) No promoter, or agent, representative, or employee of any promoter, shall conduct or manage any solicitation for contributions for a charitable or religious purpose unless such promoter shall have first registered with the Controller. To register, a promoter shall submit the following information to the Controller on a registration form provided by the city:

(1) The promoter's name, address, and telephone number, which address and telephone number shall include both the principal office of the promoter and the local headquarters, if any, from which the solicitation will be conducted;

(2) The name, address and telephone number of the person or organization for whom the solicitation will be conducted or managed;

(3) The terms and conditions, including the basis for the promoter's compensation, under which the promoter will conduct or manage the solicitation for such person or organization;

(4) The period of time during which the solicitation will be conducted or managed, showing beginning and ending dates;

(5) A copy of the printed disclosure information required to be furnished by California Business and Professions Code, Section 17510, et seq.;

(6) If the solicitation is for an organization, the signatures of two individuals who are principals, staff members, or officers of the organization for which the solicitation will be conducted or managed, certifying that the promoter is authorized to conduct the described solicitation for such organization.

(b) A promoter shall submit the above information prior to the time any solicitation is conducted, and shall pay the registration fee designated in the Master Fee Resolution for each new solicitation.

(c) Immediately following receipt of the completed registration form and the registration fee, the Controller shall issue a registration statement to the promoter, evidencing such receipt and stating that the information submitted by the promoter is on file with the Controller and is open to public inspection. The promoter, and each of his agents, representatives or employees, shall be required to exhibit a copy of such registration statement upon request by a representative of the city, or a member of the general public.

(d) In addition to the registration fee herein provided, every promoter, and every agent or representative of a promoter, who engages in soliciting contributions under the provisions of this article shall pay to the city the business license fees prescribed in accordance with Chapter 7 of this Code. (Rep. and Added Ord. 83-87, § 2, eff. 7-15-83).