Laguna Niguel Municipal Code Art. 1 Solicitation Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Association includes corporation.

Charitable includes the words "philanthropic," "social service," "benevolent," "patriotic" or "purported charitable," "purported social service," "purported benevolent," "purported patriotic" and "purported philanthropic."

Contribution includes the words "alms," "food," "clothing," "money," "property" and "donations under the guise of a loan of money or property."

Department means the department of the city designated by the city council to administer this division.

Solicitation means not only a direct oral or written asking or request, but also the distribution, circulation, mailing to an address within the city, posting or publishing of letters, posters, handbills, cards, folders, pamphlets, books or circulars, or the giving or making of an announcement to the press or over radio or telephone or telegraph concerning or involving 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 or any portion thereof is requested to meet or patronize or to which the public or any portion thereof is requested to make a contribution, by reason of or because of any charitable purpose or benefit connected with or involved in any such appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering. Solicitation also means the sale of, offer to sell or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or thing whatsoever, in connection with which or when or where any appeal is made for any charitable purpose whatever or the name of any charity, philanthropy or charitable association is used or referred to in any such appeal as an inducement or reason for the making of any such sale, or when or where in connection with any such sale, offer to sell or attempt to sell any statement is made that the whole or any part of the proceeds from any such sale or selling will go to or be donated to any charitable purpose or association. A solicitation shall be deemed completed when made, whether or not the person making the solicitation receives any contribution or makes any sale referred to in this subsection. Solicitation does not include the activities of a sidewalk vendor, which are subject to the provisions of division 7 of title 5 of this Code.

Writing includes printing, typewriting, mimeographing or multigraphing.

Written includes printed, typewritten, mimeographed or multigraphed.

(Ord. No. 90-11, § 3, 3-6-90; Ord. No. 2020-206, § 8, 7-21-20; Ord. No. 2020-207, § 7, 8-4-20)

Cross reference— Definitions generally, § 1-1-18.

It shall be unlawful for any person to make or perpetrate any misstatement, deception or fraud in connection with the solicitation within the city of any contribution for any charitable purpose or association.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person to solicit within the city any contribution in the name of or on behalf of any charitable association unless such person is authorized in writing by such association to make such solicitation, with such authorization to be signed by at least two officers of the association, and unless a copy of such authorization has been previously filed with the department, which authorization and the copy thereof so filed with the department shall each bear a specimen signature of the solicitor, and unless the solicitor shall have such written authorization with him when making such solicitation and exhibit such authorization on request of the person solicited or any peace officer or agent of the department. Such authorization shall expressly state on its face that it is valid for a period of not longer than three months from the date of issuance thereof, which date shall be stated therein.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person to use within the city the name of any association in charge or control of any charity, philanthropy or benevolent, social service or patriotic activity in any solicitation without having written permission from two of the officers of such association to so use its name or the name of or reference to such charity, philanthropy or benevolent, social service or patriotic activity, which written permission must be for a specific event or a specified period of time. A copy of such permission must be filed with the department prior to any such use.

(Ord. No. 90-11, § 3, 3-6-90)

(a) Required; contents. It shall be unlawful for any person to receive within the city any contributions as a result of solicitation for any charitable purpose or in the name of or on behalf of any charitable association unless such person shall tender to each person making such contribution a written receipt signed by the solicitor which contains, in addition to a description of the amount and kind of the contribution, substantially the following matters:

(1) Name of association. The name of the association, if any, in whose name or upon whose behalf the solicitation is made.

(2) General or specific purpose. A statement as to whether the contribution solicited is to be applied for the general purposes of such association, if any, or for specific purposes, and if for specific purposes the nature thereof shall be clearly stated.

(3) Information card. A statement that the information card, provided for in this article, issued by the department, was presented to the person making the contribution for his perusal prior to receipt by the solicitor of the contribution receipted for.

(b) Exceptions.

(1) No receipt need be given or tendered if a donation of money is made by placing of the money in a locked receptacle, of a kind previously approved by the department, in such manner that it is impracticable to ascertain either the amount donated or the name of the donor; and if an inscription shall be conspicuously attached to such receptacle containing in legible writing a copy of such information card issued by the department and the statements required to be set forth in the receipt referred to in subsection (a) of this section, except the statements regarding such information card; and if such receptacle bears a number or other mark of identification; and if a written list showing by number the location and name of the solicitor in charge of each receptacle, if there is more than one such receptacle within the city, has been previously filed with the department.

(2) No receipt need be given for any donation of money in an amount less than $1.00.

(Ord. No. 90-11, § 3, 3-6-90)

(a) Required; contents. It shall be unlawful for any officer or member of any association to authorize any person to solicit, or for any person to solicit, within the city, any contribution for any charitable purpose or association, unless, within the fiscal year of the city in which such solicitation is made, and at least ten days prior to the beginning of such solicitation, there shall have been filed with the department, on a form furnished by the department, by such association upon whose behalf the solicitation is made or by such person, written notice of intention to solicit within the city such contribution, which notice shall contain complete information as follows:

(1) Purpose. The purpose of the solicitation and the use of the contributions to be solicited.

(2) Need. A specific statement, supported by reasons and, if available, figures, showing the need for the contribution proposed to be solicited.

(3) Method. The character of such solicitation and how it will be made or conducted.

(4) Expense. The expense of the solicitation including all commissions, costs of collection, salaries and other items, if any, regardless of from what funds such expenses are payable.

(5) Net funds to be available. What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the notice of intention as the object of such solicitation.

(6) Record of prior contributions and expenditures. A specific statement of all contributions collected or received by such association or by such person filing such notice of intention within the calendar year immediately preceding the date of such filing, and the expenditures or use made of such contributions, together with the names and addresses of all persons or associations receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof.

(7) Names and addresses of officers. The names and addresses of the officers and directors of any such association for which the solicitation referred to in such notice of intention is proposed therein to be made.

(8) Authorizing resolution. A copy of the resolution, if any, of any such association authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof.

(9) Reading of provisions of this article. A statement that the signers of such notice have read and are familiar with the provisions of this article and will require all solicitors engaged in such solicitations to read and be familiar with the provisions of sections 11-10-2, 11-10-3, 11-10-4, 11-10-5, 11-10-13, 11-10-21 and 11-10-24 prior to making any such solicitation.

(b) Information on agreements with solicitor. The signers of the notice of intention shall file with the department, with such notice of intention, a statement of any and all agreements or understandings made or had with any agent, solicitor, promotor, manager or conductor of such solicitation, together with at least one copy each of any such agreement or understanding which may be in writing. Within 24 hours of any change in any such agreement or understanding, or the making or having of any new, further or different agreement or understanding with any agent, solicitor, promotor, manager or conductor, the signers of the notice of intention shall file with the department a true copy of such change or new, further or different agreement or understanding if such change or new, further or different agreement or understanding is in writing, or written details thereof if not in writing.

(c) Insufficient information. Whenever, in the opinion of the department, the notice of intention filed with the department does not disclose sufficient information for the public concerning the facts required in this section to be stated in such notice of intention, or concerning the person or association making such solicitation or on whose behalf such solicitation is made, then, upon the request of the department therefor, there shall be filed in writing by such person or association with the department, within 48 hours after such request is made upon such person or association, such additional information as may specifically be required by the department upon such subjects; provided, however, that the department, for good cause, may extend the time for so filing such additional information.

(d) Required signatures; information to be available to public. The notice of intention and such additional information provided for in this section shall be signed by such person intending to make such solicitation, or, if such solicitation is to be made by or on behalf of any association, by at least two officers of such association, and shall be open to the inspection of the public.

(Ord. No. 90-11, § 3, 3-6-90)

In connection with any solicitation within the city for any contribution for any charitable purposes with respect to which the notice of intention provided for in section 11-10-11 has been filed with the department, the department and its agents shall have power to investigate the allegations of such notice of intention or any statements or reports filed with the department pertaining to any such solicitation, and to have access to and to inspect and make copies of all the books, records and papers of such person or association by or on whose behalf any such solicitation is made, pertaining to such solicitation or the use or expenditure of any contribution so solicited. The department shall also have power to investigate, at any time, the methods of making or conducting any such solicitation. The department shall also have power to publish any of the results of any investigation provided for or authorized in this section, and to give such publicity to any such results by such means as the department may deem best calculated to reach the general public and the persons interested.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person to solicit within the city any contribution for any charitable purpose, or in the name of or on behalf of any charitable association, unless such person exhibits to every person solicited an information card, to be issued by the department, which information card shall bear a statement that the department issued it only for the information of the public and not as an endorsement of the solicitation, and shall set forth so much of the pertinent facts stated in the notice of intention provided for in section 11-10-11, filed with the department, or disclosed by any additional information obtained by the department, as shall in the opinion of the department be of assistance to any person solicited for any such contribution to enable such person to determine the nature and worthiness of the purpose for which such solicitation is made. When making any such solicitation, the solicitor shall read the information card to the person solicited or present it to the person for his perusal, allowing him sufficient opportunity to read the card, before accepting any contribution so solicited. When any solicitation referred to in this section is conducted by printed matter or published article, or over the radio, telephone or telegraph, such publicity shall contain the data and information required to be set forth in the information card, and when any such solicitation is made by telephone the solicitor shall present to each person who consents to or indicates a willingness to contribute, prior to accepting a contribution from the person, such information card or a true written copy thereof. When a campaign or drive for raising funds for any charitable purpose is given general publicity through the press, or otherwise, and when more than 25 persons serve as solicitors without compensation for their services and the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required to be set forth on the information card, the requirements of this article, with respect to information cards and the filing of copies of written authorizations, provided for in section 11-10-3, of such solicitors serving without compensation, shall not apply. Upon receipt of additional information which, in the opinion of the department, shall render incorrect any statement set forth in any such information card, the department shall recall every such information card and amend or correct the card or issue in lieu thereof a new information card amended or corrected in accordance with such additional information, and upon receipt of notification to return any information card for amendment or correction or new issue as provided in this section, the association or person who filed the notice of intention for the solicitation for which any such card was issued must present such recalled information card to the department within 48 hours from the time of receipt of the notification. Upon request therefor by the department, all information cards issued under the provisions of this article shall be returned to the department upon completion of the solicitation for which they are issued or at the expiration of the period for which they are valid. It shall be unlawful for any association or solicitor not to comply with each and every provision of this section.

(Ord. No. 90-11, § 3, 3-6-90)

Every association and person soliciting any contribution within the city for any charitable purpose must file with the department, within 30 days after the close of any such solicitation or within 30 days after a demand therefor by the department, a report to the department, stating the contributions secured from or as a result of any such solicitation, and, in detail, all expenses of or connected with such solicitation, and showing exactly for what use and in what manner all such contributions were or are to be disbursed or distributed. Every such report shall be made on forms to be furnished by the department, and signed by the person or association filing or obligated to file the notice of intention for such solicitation provided for in section 11-10-11. Such report, if made by any such association, shall be signed by at least two officers thereof. When any such solicitation is made by any association, such report need be filed only by such association and not by an individual solicitor engaged in any such solicitation. It shall be unlawful for any association or solicitor not to comply with each and every provision of this section.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person to solicit or for any officer or member of any association to solicit within the city any contribution, for any purpose whatsoever, by means of any box or receptacle, upon or in any public park, street or alley within the city, or upon or in any publicly owned or controlled place or premises within the city, except by written permission of the department.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person to solicit within the city any contribution for any charitable purpose for or on behalf of any association, unless such association is maintaining a system of accounting whereby all donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer.

(Ord. No. 90-11, § 3, 3-6-90)

The provisions of sections 11-10-3 to 11-10-21, both inclusive, shall not be applicable to any solicitation made upon premises owned or occupied by the association upon whose behalf such solicitation is made, or 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 such solicitation; nor shall they be applicable to solicitations made solely for evangelical, missionary or religious purposes. In any case where it shall come to the attention of the city council that any solicitation has been or is being intended to be made within the city for evangelical, missionary or religious purposes but in such manner as in the opinion of the department is calculated to give or may give the impression to the persons solicited in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, then the department, if in its opinion the public interest will be served thereby, shall investigate the matter of such solicitation and give publicity to its findings thereon in such manner as it may deem best to advise the public of the facts of the case.

(Ord. No. 90-11, § 3, 3-6-90)

The department is hereby empowered to waive the whole or any part of the provisions of sections 11-10-3 to 11-10-13, both inclusive, as and if the department shall deem such waiver necessary when and only in the case of any charitable association applying for such waiver for the purpose of meeting any extraordinary emergency calamity when time is of the essence with respect to needed succor or relief.

(Ord. No. 90-11, § 3, 3-6-90)

It shall be unlawful for any person or association, in making any solicitation for any charitable purposes or association within the city, or in connection with any such solicitation, to use or to give any person or association whomsoever either a fictitious name or any alias or any other than his or its own, full true and correct name, or to make any such solicitation without at the time giving to the person or association solicited for such contribution the full, true and correct name of the person or association soliciting, or to impersonate any other person or association in making such solicitation.

(Ord. No. 90-11, § 3, 3-6-90)