Gilroy Municipal Code Art. III Charitable Solicitation

It shall be unlawful for any person or organization to solicit within the city for a contribution of funds, money or other property to be used or expended for any charitable, religious or educational purpose or object without the person or the organization on whose behalf the person is soliciting first obtaining a written solicitation permit so to do from the chief of police. In addition, any individual solicitors who solicit door to door at any businesses or residences shall first obtain an identity permit pursuant to Article I of this chapter, except for persons having a permanent place of residence in the city who are soliciting for funds, money or other property or offering for sale incidental merchandise, such as candy, cookies, magazines and the like, for a charitable, religious or educational purpose and whose organization has obtained the solicitation permit from the chief of police described above. Notwithstanding any other provisions of section 16A.8 of Article I, the chief of police shall not have the discretion to deny an identity permit to any individual solicitor for charitable, religious or educational purpose if such individual has provided all required information and has paid the applicable fee.

Before the chief of police shall issue a solicitation permit, the person or organization applying therefor shall file a written statement setting forth the following information:

(1) The object and purpose for which it is desired to solicit funds or other property.

(2) Who shall have charge and control of such funds or property.

(3) If such funds or property are solicited for permanent corporations, organizations or institutions, where such organizations or institutions are located, and a copy of the organization’s federal tax exemption certificate, or other proof of bona fide charitable status.

In case of doubt as to the responsibility of any person seeking a permit to solicit for such funds or property, the permit may be denied subject to the provisions of section 16A.18.

Nothing in this section shall be construed to make it mandatory for the chief of police to grant the permit in this section where the public peace or safety might be endangered in so doing.

(Ord. No. 97-10, § I, 11-5-1997)