Irwindale Municipal Code Ch. 5.24 Charitable and Religious Solicitations

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* For statutory provisions on charitable solicitations, see Bus. and Prof. Code § 17510 et seq.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them as follows:

A. "Charitable" means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.

B. "Contributions" means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.

C. "Manager" means the city manager.

D. "Person" means any individual, firm, copartnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.

E. "Promoter" means any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation.

F. "Religious" and "religion" do not mean and include the word "charitable" as defined in this section, but shall be given their commonly accepted definitions.

G. 1

"Solicit" or "solicitation" mean the request, directly or indirectly, of 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 will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words 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 will be used for a charitable or religious purpose as defined in this section:

a. Any oral or written request;

b. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;

c. The making of any announcement to the press, over the radio, 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;

d. The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, 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.

2. A "solicitation" as defined in this subsection shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.

(Ord. 140 § 1(part), 1963: prior code §§ 4700-4700.7).

No person shall solicit contributions for any charitable or religious purpose within the city without a permit from the manager authorizing such solicitation; provided, however, that the provisions of this section shall not apply to:

A. Any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary gain of any person, if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person;

B. Any person, firm or corporation organized and operated exclusively for religious or charitable purposes, which organization has continuously had its principal place of worship or principal offices located in the city for more than five consecutive years.

(Ord. 140 § 1(part), 1963: prior code § 4701).

An application for a permit to solicit as provided in Section 5.24.020 shall be made to the manager upon forms provided by the city. Such application shall be sworn to and filed with the manager at least fifteen days prior to the time at which the permit applied for becomes effective; provided, however, that the manager may for 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 required in this section shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

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

B. 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 solicitations, certified to as a true and correct copy of the original by the officer having charge of the applicant's records;

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

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

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

F. The name and address of the person or 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;

G. An outline of the method or methods to be used in conducting the solicitations;

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

I. The estimated cost of the solicitation;

J. The 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;

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

L. A full statement of the character and extent of the charitable or religious work being done by the applicant within the city;

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

N. Such other information as may be reasonably required by the manager in order for him to determine the kind and character of the proposed solicitation;

O. In addition, any application for a permit to solicit for charitable purposes shall contain a statement that the actual cost of solicitation will not exceed twenty-five percent of the total amount to be raised.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 manager in writing thereof within twenty-four hours after such change.

(Ord. 140 § 1(part), 1963: prior code § 4702).

Any application for permit to solicit for charitable purposes shall be accompanied by a fee of five dollars to cover the cost of investigation. Said fee shall be payable to the city treasure. Where no investigation is required to ascertain the truth of the facts set forth in the application or whether the solicitation would be a fraud on the public, the fee may be waived.

(Ord. 140 § 1(part), 1963: prior code § 4703).

The manager shall examine all applications filed under Section 5.24.030 and shall make, or cause to be made, such further investigation of the application and the applicant as the manager deems necessary in order for him to determine whether or not the statements made in the application are true and whether or not the solicitation requested would be a fraud on the public. Upon request by the manager, the applicant shall make available for inspection by the manager, or any person designated in writing by the manager as his 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. 140 § 1(part), 1963: prior code § 4704).

A. In the case of an application for a permit to solicit for religious purposes, if the manager finds that any of the statements made in the application are not true, or that the proposed solicitation would be a fraud on the public, he shall deny the application, otherwise, he shall grant the same.

B. In the case of an application for a permit to solicit for charitable purposes, if the manager finds that all of the statements made in the application are true, that the proposed solicitation would not be a fraud on the public, that the cost of raising the funds will be reasonable, that the solicitation is prompted solely by the desire to finance the charitable cause described in the application and will not be conducted primarily for private profit, and that the solicitation will not unreasonably conflict with any other charitable solicitation within the city, he shall grant the application within such time limits and subject to such other conditions as he may reasonably impose.

C. The manager shall file in his office for public inspection and shall serve upon the applicant by registered mail a written statement of his findings of fact and his decision upon each application.

(Ord. 140 § 1(part), 1963: prior code § 4705).

Time limit on permits issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute any endorsement by the city or by any of its departments, officers or employees of the purpose of or of the person conducting the solicitation. All permits must be signed by the manager. No permit to solicit for religious purposes may grant the right to solicit longer than ninety days from its date, but the manager may extend any such permit for not more than ninety additional days upon a showing that unnecessary hardship would be created by a failure to extend the original ninety-day period for such additional days. No permit to solicit for charitable purposes shall grant the right to solicit for such purpose for more than thirty days during any calendar year.

(Ord. 140 § 1(part), 1963: prior code § 4706).

Any permit issued under this chapter shall be nontransferable and shall be returned to the city manager within two days of its date of expiration, together with all facsimile copies thereof.

(Ord. 140 § 1(part), 1963: prior code § 4707).

Any permit issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of the permittee would operate to defraud the public. Such revocation may be made by a registered letter signed by the city manager and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. The permit shall become null and void on and after the third day from the date after which said letter is deposited in the United States Post Office in the city.

(Ord. 140 § 1(part), 1963: prior code § 4709).

Within five days after receiving notification by registered mail that his application for a permit to solicit has been denied, or within five days after receipt of notice by registered mail that his permit to solicit has been revoked, the applicant or permittee may appeal such denial or revocation to the city council by filing a written notice of appeal with the city clerk. In case of such appeal, the city council shall conduct a public hearing thereon and make such investigation as it may direct, and thereafter may take any action upon an application which the manager could have taken in the first instance, and it may either approve or set aside the revocation of a permit. The decision of the city council in such cases shall be final.

(Ord. 140 § 1(part), 1963: prior code § 4710).

A. All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the permit holder, the date, a statement describing the holder's charitable or religious activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder's chief executive officer, and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. A copy of such credentials must be filed with the manager at the time the application for a permit is filed and must be approved by him as conforming to the requirements of this section before such permit is issued. No person shall solicit under any permit granted under this chapter without the credentials required by this section and a facsimile copy of the permit in his possession. The credentials and said facsimile copy of the permit must be shown, upon request, to all persons solicited and to any police officer of the city.

B. No agent or solicitor shall solicit contributions for any charitable or religious purpose for any person unless such person has been granted a permit under the provisions of this chapter.

(Ord. 140 § 1(part), 1963: prior code § 4708).

It shall be the duty of all persons issued permits under this chapter to furnish to the manager, within thirty days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, commissions, and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the manager's office at any reasonable time; provided, however, that the manager may extend the time for the filing of the report required by this section for an additional period not to exceed ninety days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the manager, or to any person designated in writing by the manager as his representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked.

(Ord. 140 § 1(part), 1963: prior code § 4711).

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, no person shall make or perpetrate any false statement, misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter.

(Ord. 140 § 1(part), 1963: prior code § 4712).