Larkspur Municipal Code Ch. 9.40 Charitable and Religious Solicitations

Sections: 9.40.010 Definitions. 9.40.020 Solicitation Certificate – Exemptions. 9.40.030 Application for Certificate. 9.40.040 Investigation of Persons Soliciting. 9.40.050 Fraudulent Misrepresentation and Misstatements Prohibited.

Whenever in this chapter unless a different meaning clearly appears from the context the following definitions apply:

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

“Contribution” means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property, and any other thing of value.

“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.

“Religious” and “religion” as used herein shall not mean and include the word “charitable” as herein defined, but shall be given their commonly accepted definitions.

“Solicit” and “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 charitable or religious purpose as those purposes are defined in this chapter. A “solicitation” as defined herein 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. 1030 § 2(7), 2018; Ord. 381 § 1 (part), 1969)

No person shall solicit contributions for any charitable or religious purpose within the City without a certificate from the Police Chief authorizing such solicitation; provided, however, that the provisions of this, and the following, sections shall not apply to any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit 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. (Ord. 1030 § 2(7), 2018; Ord. 381 § 1 (part), 1969)

An application for a certificate to solicit as provided by Larkspur Municipal Code Section 9.40.020 shall be made to the Police Chief upon forms provided by the City. Such application shall be sworn to, or affirmed, and filed, and 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 certificate;

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

C. 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;

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 the 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 the solicitations shall be made, giving the preferred dates for the beginning and ending of the 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 the 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 religious or charitable purposes by the applicant, the 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 religious or charitable work being done by the applicant within the City;

M. 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 or officer thereof;

N. Such other information as may be submitted to the Police Chief in order for them to determine the kind and character of the proposed solicitation.

If, while any application is pending, or during the term of any certificate 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 chief of police in writing thereof within twenty-four (24) hours after such change.

Upon receipt of the application, the Police Chief shall forthwith issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six (6) months after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of a new application as provided for in this section. All persons to whom certificates of registration have been issued shall furnish to their agents and solicitors a copy of the certificate of registration. No person shall solicit for any charitable or religious cause without having a copy of the certificate in their possession, and such person shall, upon demand, present this copy of the certificate to any person solicited or to any Police Officer of the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 381 § 1 (part), 1969)

The Police Chief is authorized to investigate the affairs of any person soliciting for charitable or religious purposes under a certificate issued under Larkspur Municipal Code Section 9.40.030 or exempted from the requirement of a certificate under Larkspur Municipal Code Section 9.40.020 and make public their written findings in order that the public may be fully informed as to the affairs of any of these persons. Persons shall make available to the Police Chief, or to any representative designated by them in writing for such specific purpose, all books, records or other information reasonably necessary to enable the Police Chief to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons; provided, that five (5) days before the public release of any findings under this section, the Police Chief must first serve a copy of the findings upon the person investigated and at the time of the release of their findings they must release a copy of any written statement the person may file with the Police Chief in explanation, denial, or confirmation of the findings. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 381 § 1 (part), 1969)

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of their name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other 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. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 381 § 1 (part), 1969)