La Quinta Municipal Code Ch. 11.68 Charitable Solicitations

Footnotes:

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Prior ordinance history—Ord. 10.

For the purposes of this chapter, the following words are defined and shall be construed as set forth in this section unless it is apparent from the context that they have a different meaning:

"Charitable" includes the words "philanthropic," "social service," "benevolent," "patriotic," "humanitarian" either actual or purported.

"Charity" shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes.

"City manager" means the city manager or authorized representative or designee.

"Contribution" includes the words "money," "property," "gift" or "donations" of money or property.

"Person" is construed as defined in Section 1.01.170.

"Sales solicitation for charitable purposes" means and includes the following:

1. Any oral or written request to a potential customer by any means of communication, including, but not limited to, in person, telephone, U.S. mail, flyers, brochures, published advertisements, public postings, email, or any other electronic means of communication.

2. The sale of, offer or attempt to sell any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket of admission or any other thing or service in connection with which any of the following applies:

a. Any appeal is made for any charitable purpose.

b. The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale.

c. Any statement is made to the effect that the whole or any part of the proceeds from any such sale will go to or be used for any charitable purpose or association.

"Solicitation for charitable purposes" means any oral or written request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies:

1. Any appeal is made for charitable purposes.

2. The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift.

3. Any statement is made to the effect that the gift or any part thereof will go to or be used for any charitable purpose or organization.

4. The name of any organization of law enforcement personnel, firefighters, or other person who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization.

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

(Ord. 568 § 13, 2018)

No person shall solicit, nor shall any officer or member of any organization authorize any person to solicit any contribution for any charitable purpose until the city manager has supplied the applicant with a certificate provided for in this chapter and marking it "APPROVED" or "FOR INFORMATION PURPOSES ONLY."

(Ord. 568 § 13, 2018)

At least thirty (30) days prior to the beginning of the solicitation, the applicant shall file with the city manager or designee, on a form, furnished by the city a written notice of intention to solicit the contribution(s), which notice shall contain complete information as follows:

A. The date(s) and times of day when the solicitation is to occur.

B. The location(s) where the solicitation is to occur.

C. The manner and conditions under which the solicitation is to occur.

D. Proof of a valid liability insurance policy in the amount of at least one million dollars ($1,000,000.00) insuring the charity and the city against bodily injury and property damage arising out of or in connection with the solicitation. No action by the city hereunder shall waive or limit any immunity from liability provided by any provision of law.

E. All of the information required on the "Solicitation or Sale for Charitable Purposes Card" set forth in subdivision (a) of Section 17510.3 of the California Business and Professions Code.

F. A statement that the signers of the notice have read and are familiar with the provisions of this municipal code chapter and Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code, and will require all solicitors engaged in the solicitation to read and be familiar with all sections of this municipal code chapter and Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code, prior to making any such solicitation.

(Ord. 568 § 13, 2018)

The city manager shall have the following powers:

A. To receive the notice of intention as provided in Sections 11.68.030, investigate it and supply to the applicant a copy of a certificate with either the word "APPROVED" or "FOR INFORMATION PURPOSES ONLY" marked thereon;

B. To investigate the allegations of the notice of intention or any statement or representations; the investigation shall be for the time prescribed in Section 11.68.030;

C. To have access to and inspect and make copies of all books, records and papers of any applicant by or on whose behalf any solicitation is made;

D. To investigate at any time the methods of making or conducting any such solicitation;

E. To publish results of any investigation provided for or authorized by Section 11.68.030 and to ascertain and to publicize any additional information obtained as shall, in the opinion of the city manager, be of assistance to the public to determine the nature and worthiness of the purpose for which the solicitation is made;

F. To give such publicity to any such results by the means as may be deemed best to reach the general public and persons interested;

G. To waive the whole or any part of the provisions of this chapter for the purpose of meeting any extraordinary emergency or calamity.

(Ord. 568 § 13, 2018)

The city manager shall approve the issuance of a certificate with the word "APPROVED" marked thereon when the following facts are found to exist:

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

B. That the applicant has not been, or if the applicant is not an individual person that none of its agents operating in the city have been, convicted of a crime, either felony or misdemeanor, involving moral turpitude;

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

D. That the solicitation will not be a fraud on the public. If the notice of intention indicates the sum to remain available for application to the specific purposes declared in the notice of intention as the object of the solicitation is less than sixty percent (60%) of the amounts to be collected, the showing shall indicate and be prima facie evidence that the solicitation will be a fraud on the public.

(Ord. 568 § 13, 2018)

No person shall make or perpetuate any misstatement, deception or fraud in connection with any solicitation of any contribution for any charitable purpose.

(Ord. 568 § 13, 2018)

No person shall use in soliciting or give to any person whomsoever, either a fictitious name or an alias or any other than his full, true and correct name, or make any such solicitation without at the time giving to the person solicited his own full, true and correct name, nor shall he impersonate any other person in making the solicitation.

(Ord. 568 § 13, 2018)

No person shall solicit any contributions for or on behalf of any charitable organization unless the organization is maintaining financial records in accordance with Article 1.3 (commencing with Section 17510) of Chapter 1, Part 3, Division 7 of the California Business and Professions Code.

In addition to any reporting requirements under state law, every person soliciting any contribution for any charitable purpose must file with the city manager, within thirty (30) days after a demand therefor, a verified return stating the contributions secured from or as a result of any such solicitation, and stating the uses and manner for which all such contributions were or are to be disbursed or distributed. Every return shall be signed under penalty of perjury, and the return, if made by an organization, shall be signed by at least two (2) officers thereof.

(Ord. 568 § 13, 2018)

A. Public Property. No person shall solicit or collect any contribution, including salvageable personal property, for any purpose by means of any unattended box or receptacle, upon any public street, sidewalk or way, or in any public park, or in any publicly owned or controlled place except by the express written permission of the city manager.

B. Private Property.

1. No person shall solicit or collect any charitable contribution, including salvageable personal property, or any contribution for any real or purported charitable purpose, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby or entranceway, or other place open to or accessible to the public, or in any place of public resort, or on any other privately owned property, without first filing with the city manager a "notice of intention" as required by Section 11.68.030, and every person or organization so soliciting must in all other respects comply with the provisions of this chapter.

2. All collection boxes and similar receptacles shall comply with the labeling requirements of Section 151 of the California Welfare and Institutions Code.

3. Any collection box or similar receptacle in violation of this chapter may be declared a public nuisance.

(Ord. 568 § 13, 2018)

No person shall solicit in the name of or on behalf of any charitable organization unless the solicitor has:

A. Written authorization of two (2) officers of the organization, a copy of which shall be filed with the city manager, and which authorization and copy shall each bear a specimen signature of the solicitor; the written authorization shall expressly state on its face the period for which it is valid which shall not exceed ninety (90) days from the date issued;

B. The authorization with him or her when making solicitations and exhibit it on request to persons solicited, or police officers, or agents of the city manager.

(Ord. 568 § 13, 2018)

In addition to any other fine or penalty authorized for a violation of this chapter, pursuant to Section 532d of the California Penal Code, any person who solicits or attempts to solicit or receives money or property of any kind for a charitable, religious or eleemosynary purpose and who, directly or indirectly, makes, utters, or delivers, either orally or in writing, an unqualified statement of fact concerning the purpose or the organization for which the money or property is solicited or received, or concerning the cost and expense of solicitation or the manner in which the money or property or any part thereof is to be used, which statement is in fact false and was made, uttered, or delivered by that person either willfully and with knowledge of its falsity or negligently without due consideration of those facts which by the use of ordinary care he or she should have known, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one (1) year, by a fine not exceeding five thousand dollars ($5,000.00), or by both that imprisonment and fine. An offense charged in violation of this section shall be proven by the testimony of one (1) witness and corroborating circumstances.

(Ord. 568 § 13, 2018)

The provisions of this chapter, except Sections 11.68.010 and 11.68.060, shall not be applicable to any solicitation made upon premises owned or occupied by the association upon whose behalf the solicitation is made, nor to any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction whatever, shall be turned over to the named beneficiary, nor shall they be applicable to any association soliciting contributions solely from persons who are members thereof at the time of the solicitation, nor shall they be applicable to solicitations made solely for evangelical, missionary or religious purposes; however, that in any case where it comes to the attention of the city manager that any solicitation has been or is being intended to be made for evangelical, missionary or religious purposes but in such manner, as in the objective determination of the city manager, is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of the solicitation is either in whole or in part charitable, then the city manager, if the public interest will be served thereby, may investigate the matter of the solicitation and may publish the findings thereon in such manner as to best to advise the public of the facts of the case.

(Ord. 568 § 13, 2018)

No person shall park or stand any vehicle on Highway 111, within the city limits, for the purpose of soliciting funds for any charitable institution, or otherwise.

(Ord. 568 § 13, 2018)