Ione Municipal Code Ch. 5.08 Soliciting

No person shall solicit within the city for a contribution of funds for a charitable, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or by means of direct personal contact in public places or upon public property without obtaining a permit as provided in this chapter.

(Ord. 174 §1, 1976)

The provisions of this chapter shall not be applicable to solicitations for political purposes or to solicitations from bona fide members of a charitable, religious, educational, community, recreational, fraternal or similar nonprofit organization by such organization, except that no such solicitations shall be made in violation of the provisions of Section 5.08.110.

(Ord. 174 §2, 1976)

A. Application for a permit to solicit shall be made to the city clerk upon forms provided by the city. The application shall be sworn to and filed with the city clerk at least fifteen days prior to the time at which the permit applied for shall become effective; provided, however, that the city clerk may, for a good cause shown, allow the filing of an application less than fifteen days prior to the effective date of the permit applied for. The application shall contain the following information or, in lieu thereof, a detailed statement of reason why such information cannot be furnished:

1. The name, address or headquarters of the person applying for the permit;

2. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's record;

3. The purpose for which the solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;

4. A specific statement, supported by reasons, and, if available, figures showing the need for the contributions to be solicited;

5. The names and addresses of the persons by whom the receipts of such solicitations shall be disbursed;

6. The names and addresses of the persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;

7. An outline of the methods to be used in conducting the solicitations;

8. The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitations;

9. The estimated amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;

10. A financial statement for the last preceding fiscal year of any funds collected by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;

11. A full statement of the character and extent of the charitable or other nonprofit work being done by the applicant within the city;

12. A statement that the actual cost of solicitation will not exceed twenty-five percent of the total amount to be raised, or in lieu thereof, a detailed statement as to the reason why the costs will exceed twenty-five percent;

13. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city, or by any department of officer thereof; and

14. Such other information as may be reasonably required by the city clerk in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of, and not inimical to, the public welfare.

B. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the city clerk in writing thereof within twenty-four hours after such change.

(Ord. 174 §3, 1976)

The city clerk shall examine all applications filed and shall make, or cause to be made, such further investigation of the application and the applicant as the city clerk shall deem necessary in order for her to perform her duties under this chapter. Upon request by the city clerk, the applicant shall make available for inspection by the city clerk, or any person designated by the city clerk as her representative for such purpose, all of the applicant's books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired.

(Ord. 174 §4, 1976)

The city clerk shall issue the permit provided for in this chapter whenever she finds the following facts to exist:

A. That all of the statements made in the application are true;

B. That the applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity;

C. That the control and supervision of the solicitation will be under responsible and reliable persons;

D. That the applicant has not engaged in any fraudulent transaction or enterprise;

E. That the solicitation will not be a fraud on the public;

F. That the solicitation is prompted solely by a desire to finance the charitable or other nonprofit cause described in the application, and will not be conducted primarily for private profit;

G. That the cost of raising the funds will be reasonable. Any such cost in excess of twenty-five percent of the amount collected shall be considered to be unreasonable unless facts are presented which establish, in the particular case, that a cost higher than twenty-five percent is reasonable.

(Ord. 174 §5, 1976)

Permits issued pursuant to this chapter shall be valid a maximum of thirty days only and no person shall solicit with an expired permit. The city clerk shall prescribe procedures and standards for the renewal of such permits, except that such standards and procedures shall not be stricter than those required for the original issuance of the permit. Each renewal period shall be for a maximum of thirty days.

(Ord. 174 §7, 1976)

The city clerk shall file in her office for public inspection, and shall serve upon the applicant by mail, a written statement of her decision upon each application. In the case of a denial, the grounds shall be stated.

(Ord. 174 §6, 1976)

No permit issued under this chapter shall be transferable.

(Ord. 174 §10, 1976)

The city clerk shall require the permittee to furnish suitable identification cards or badges to all persons the permittee intends to use in soliciting. The cards or badges shall contain such information as the city clerk may require.

(Ord. 174 §8, 1976)

Any identification card or badge issued under this chapter shall be kept on the person to whom it is issued at all times during such solicitation. Such card or badge shall be presented when any solicitation is made and shall be produced upon demand of the chief of police or any member of the police department.

(Ord. 174 §9, 1976)

No person shall solicit funds from eight p.m. to nine a.m., except that a person soliciting pursuant to the provisions of this chapter may call upon the occupant of a residence during such hours when he has received express prior permission from such occupant to do so.

(Ord. 174 §13, 1976)

Permits issued under the provisions of this chapter may be revoked or suspended by the city clerk for any of the following causes:

A. Fraud, misrepresentation or false statement contained in the application;

B. Fraud, misrepresentation or false statement made in the course of carrying on the solicitation for which the permit is issued;

C. Conducting the solicitation for which the permit is issued in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, morals, and general welfare of the public;

D. Conviction of the permittee of any felony, or of any misdemeanor involving moral turpitude. Where the permittee is a corporation, such conviction of any officer thereof shall be equivalent to conviction of the corporation.

(Ord. 174 §11, 1976)

The decision of the city clerk as to the issuance, renewal, revocation, or suspension of any permit issued under this chapter shall be final.

(Ord. 174 §12, 1976)