Long Beach Municipal Code Ch. 5.28 Charitable Solicitations

A. "Association" means a group of persons as defined in Section 1.08.130 and includes a corporation.

B. "Contribution" means a donation given either individually or in concert with others, whether of food, clothing, money, or property, and includes donations under the guise of a loan of money or property.

C. "Permittee" means the holder of a permit to solicit contributions issued pursuant to this Chapter.

D. "Philanthropic" means beneficial to mankind and includes the words and expressions charitable, social service, benevolent, patriotic and civic activity.

E. "Promoter" means any person as defined in Section 1.08.130, who, for pecuniary compensation received, or to be received, is engaged, or holds himself out to the public as being engaged, in the business of soliciting or receiving contributions, or conducting, managing or carrying on any drive or campaign for, or on behalf of, any other person. No bona fide employee of such charitable association shall be considered a promoter within the meaning of this Chapter.

F. "Solicitation" means both a direct oral or written asking or request and also the distribution, circulation, mailing, posting or publishing of letters, posters, handbills, cards, folders, pamphlets, newspapers, books or circulars, or the giving or making of an announcement to the press, or over the radio, television, 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 by 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 meet, gather, or patronize, or to or by which the public, or any portion thereof, is requested to make a contribution by reason of, or because of, any philanthropic purpose, or benefit, connected with, or involved in, any such appeal, or event. "Solicitation" also means and includes the sale of 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 philanthropic purpose whatever and the name of any philanthropy or philanthropic 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 philanthropic purpose or association. A solicitation, as defined in this Section, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale as referred to in this Section.

G. "Solicitor" means any person who solicits or receives contributions for, or on behalf of, any other person or charitable association under the direction of such person or such charitable association, or a promoter.

(Ord. C-6260 § 1 (part), 1986)

The provisions of Sections 5.28.030 through 5.28.200 shall be inapplicable to:

A. Any solicitation made upon premises owned or occupied by the person upon whose behalf such solicitation is made;

B. Any solicitation for the relief of any individual specified by name at the time of the solicitation where the entire amount collected, without any deductions whatever, shall be turned over to the named beneficiary; and

C. Solicitations made solely for evangelical, missionary or religious purposes.

(Ord. C-6260 § 1 (part), 1986)

The City Manager may waive the whole, or any part, of the provisions of this Chapter when he deems such waiver necessary for the purpose of meeting any extraordinary emergency or calamity, when time is of the essence of needed succor or relief.

(Ord. C-6260 § 1 (part), 1986)

No solicitation shall be made in the name, or on behalf, of any philanthropic corporation, or association, unless:

A. The solicitor has been authorized in writing by such corporation, or association, and such authorization shall be signed by at least two (2) officers of the corporation or association;

B. A copy of such authorization has been previously filed with the Police Department, which authorization, and the copy thereof so filed, shall each bear a specimen signature of the solicitor;

C. The solicitor shall have the written authorization with him when making any such solicitation and shall exhibit the authorization on request of the person solicited, or any Police Officer. The authorization shall expressly state on its face that it is valid for a period of no longer than three (3) months from the date of the issuance thereof, which date shall be stated therein; and

D. The solicitor has all legally required evidence of compliance with all of the applicable requirements of law.

(Ord. C-6260 § 1 (part), 1986)

A. No person shall authorize any other person to make any solicitation, and no person shall make any solicitation, unless a permit to so solicit has been obtained from the City Manager within one (1) year of, and at least ten (10) days prior to, the beginning of such solicitation. Except as provided in this Chapter, such permit shall be issued by the City Manager upon the filing with the Police Department of a notice of intention to solicit, which notice of intention shall contain such of the following information as is pertinent, and such other information as the City Manager may require:

1. The purpose of the solicitation and use of the contributions to be solicited;

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

3. The character of such solicitation and how it will be made or conducted;

4. The expenses 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. 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, and what portion of the contributions collected will be utilized within the City;

6. A specific statement of all contributions collected or received for the same purpose by those on whose behalf the notice of intention is filed, within the calendar year immediately preceding the date of such filing. The expenditures, or use made of such contributions, together with the names and addresses of all persons receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof;

7. The names and addresses of the officers and directors of any corporation or association for which the solicitation referred to in the notice of intention is proposed therein to be made;

8. A certified true and correct copy of the resolution of the Board of Directors of any corporation or association upon behalf of which such permit is sought to be obtained;

9. A statement of any agreement made with any agent, solicitor, promoter, manager or conductor of such solicitation, together with a certified true and correct copy of each agreement which may be in writing, or, if not in writing, written details thereof. A true and correct copy of any change in such agreement, or a new or further agreement if in writing, or, if not in writing, complete written details thereof, shall be filed with the City Manager within twenty-four (24) hours after such change;

10. A certified, true and correct copy of the articles of incorporation, together with any amendments thereto, and a copy of the bylaws currently in effect of any corporation or association upon behalf of which such permit is sought to be obtained, and a written statement or other pertinent data which may be required setting forth the necessary facts in support of any claim that such corporation or association for religious, charitable, philanthropic or patriotic purposes;

11. A statement that the signers of such notice have read and are familiar with the provisions of this Chapter and will require all solicitors engaged in such solicitation to read and be familiar with the provisions of this Chapter prior to making any such solicitation;

12. Where paid solicitors are to be used, the person applying for a solicitation permit shall furnish, on forms prescribed by the Police Department, his photograph and fingerprints. Where the applicant is a corporation or association, its president shall furnish his picture and fingerprints. A fingerprint processing fee determined by the City Council by resolution shall be paid to the Police Department.

B. Whenever, in the opinion of the City Manager, the notice of intention filed with the Police Department does not disclose sufficient information for the protection of the public concerning the facts required in this Section to be stated in such notice of intention, or concerning the person on whose behalf such solicitation is proposed to be made, then, upon the request of the City Manager therefor, such person shall, within forty-eight (48) hours or such additional time as may be allowed by the City Manager, file in writing with the Police Department such additional information as he may specifically require upon the foregoing subjects. The notice of intention, and such additional information provided for in this Section, shall be signed by the person intending to make such solicitation, or if such solicitation is to be made by, or on behalf of, any corporation or association, by at least two (2) officers thereof.

(ORD-10-0014, § 8, 2010; Ord. C-6260 § 1 (part), 1986)

At the same time a notice of intention to solicit is filed, a person applying for a solicitation permit and who intends to use paid solicitors shall file and thereafter maintain with the Police Department, if a permit is issued, a good and sufficient bond as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 1, 2004: Ord. C-6260 § 1 (part), 1986)

A. In connection with any solicitation where a notice of intention has been filed with the Police Department, the City Manager, or his representatives, shall have the power to investigate the allegations in the notice of intention and in statements or reports filed with the Police Department pertaining to the solicitation. The City Manager shall have access to, and the right to inspect and make a copy of, all the books, accounts and papers of the applicant pertaining to the solicitation or the use or expenditure of any contribution so solicited. The City Manager shall also have power to investigate at any time the methods of making or conducting any such solicitation.

B. The City Manager shall disapprove any notice of intention and deny a permit, or shall revoke any permit previously issued, when he finds that the holder thereof or the applicant therefor, or any of the holder's or applicant's officers, agents, employees, solicitors, associates, managers, conductors, or promoters has:

1. Violated any of the provisions of this Chapter or any of the provisions of any other law or ordinance regulating solicitation for charities or philanthropic work; or

2. Made any false statement or misstatement in the application for a solicitation permit; or

3. Repealed;

4. Made false statements in order to procure donations; or

5. Improperly diverted solicited contributions from the proposed purposes for such solicitation; or

6. Been determined not to be a nonprofit charitable association; or

7. Shown that the proposed solicitation is not primarily for charitable or philanthropic work or purposes.

Otherwise, he shall approve the application and issue the permit.

C. If the City Manager denies a solicitation permit, he shall give written notice to the applicant specifying the reasons for such denial and stating applicant's right to appeal this decision to the City Council within ten (10) days after service of the notice by mail pursuant to Section 5.28.190.

D. If the City Manager revokes a solicitation permit, he shall give written notice to the permittee specifying the reasons for such revocation and stating the permittee's right to appeal this decision to the City Council within ten (10) days after service of the notice by certified mail pursuant to Section 5.28.190.

The revocation shall take effect ten (10) days after service of the notice of revocation. If the decision is appealed to the City Council, the revocation is stayed until the City Council acts on the appeal.

If a solicitation permit is revoked, the permittee shall file its required closing reports and financial statements within thirty (30) days after the effective date of revocation.

(Ord. C-6430 § 3 (part), 1987; Ord. C-6325 § 15, 1986: Ord. C-6260 § 1 (part), 1986)

The City Manager, upon approving the issuance of a solicitation permit pursuant to this Chapter, shall file with the City Clerk a copy of the notice of intention, together with a copy of the information card, if any, issued to the permittee, and with any additional information gained from any investigation made by the City Manager. The notice of intention, information card and additional information shall be open to the public for inspection. A solicitation permit is valid only for the calendar year in which it is issued and shall automatically expire on December 31 of each year. Application for renewal of a permit shall follow the same procedure as a new application.

(Ord. C-6260 § 1 (part), 1986)

A. It is unlawful for any person for pecuniary compensation or consideration to solicit or receive on behalf of another, any contribution governed by this Chapter unless such person is registered as a paid solicitor by the Police Department.

B. No person shall be registered as a paid solicitor unless he shall first furnish to the Police Department, on forms prescribed by the Department, his photograph and fingerprints. A fingerprint processing fee together with a registration fee as determined by the City Council by resolution shall be paid to the Police Department.

C. No person shall be so registered unless that person first files with the Police Department and thereafter maintains a bond as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

D. The registrant must notify the Police Department in writing of any change of address; if the registrant is employed by more than one (1) person, association, corporation or institution, he must inform the Police Department in writing of such fact and of any subsequent termination or change of employment.

E. Each registration required by this Section shall automatically expire on December 31 of each year. Thereafter, such registrant may be reregistered by the Police Department in the same manner as a new registration.

(ORD-10-0014, § 9, 2010; Ord. C-7934 § 2, 2004; Ord. C-6430 § 1, 1987; Ord. C-6260 § 1 (part), 1986)

A. Except as provided in this Section, no promoter shall solicit, manage, or otherwise engage in the business of soliciting, or receiving, contributions for any person unless such promoter first obtains a promoter's registration certificate. To obtain said certificate, the promoter shall file with the Police Department, on forms provided thereby, at least ten (10) days prior to the proposed solicitation, an application for a certificate which shall be in writing and under oath. Such application shall include, in addition to any information required by the City Manager:

1. The name and address of applicant, and if a corporation, the names and addresses of its managing officers and agents, and if an unincorporated association, firm or partnership, the name and address of each member thereof;

2. Repealed;

3. The name and address of the person on whose behalf the promoter intends to solicit contributions, manage or conduct a drive or campaign, or otherwise secure contributions or donations;

4. The general plan, character and method in or by which applicant proposes to conduct business as a promoter; and

5. A showing that such promoter has sufficient financial responsibility to carry out the obligations incident to the proposed solicitation drive or campaign.

B. At the time of filing the application applicant shall file, and if he is granted a promoter's registration certificate shall thereafter maintain, a bond approved as to sufficiency by the City Manager and as to form by the City Attorney in the penal sum of five thousand dollars ($5,000.00) Such bond shall be conditioned upon the payment of any direct pecuniary loss which may be sustained by any donee or by any person on whose behalf any contribution is solicited or received resulting directly from any illegal act by the promoter. Any person who sustains any injury covered by the bond may, in addition to any other remedy which he may have, bring an action in his own name upon the bond for the recovery of any damage sustained by him.

C. The City Manager or his representatives shall examine the application and make such further investigation as deemed advisable. If, from such examination and investigation, the City Manager is satisfied in all of the following particulars, he shall approve the application and authorize the issuance by the Police Department of a promoter's registration certificate; otherwise he shall disapprove the application and the issuance of the certificate:

1. Repealed;

2. That neither the applicant, nor any officer, agent, partner or member of applicant, has violated any provision of this Chapter, nor any provision of any law or ordinance regulating charities or philanthropic work;

3. That each and all statements in the application are true;

4. That neither applicant, nor any officer, agent, partner nor member thereof has engaged in any fraudulent transaction or enterprise;

5. That the business will be conducted fairly and honestly;

6. That applicant has sufficient financial responsibility to carry out the obligations incident to any proposed solicitation; and

7. Repealed.

D. The Police Department shall collect a fee determined by the City Council by resolution with each such application so filed. Each promoter's registration certificate shall terminate one (1) calendar year from date of issue, or upon termination or cancellation of the bond required by this Chapter.

E. The holder of a promoter's registration certificate shall be reregistered by the Police Department upon filing of an application as required in this Section and upon payment of a fee and the posting of a bond in the amounts as determined by the City Council by resolution which shall comply with all requirements of this Section.

F. Such registered promoter shall notify the City Manager in writing of any change in address, and if the registered promoter is employed by more than one (1) person he must so notify the City Manager in writing of such fact, and of any subsequent termination or change of employment or, if a corporation, he must notify the City Manager in writing of any change in managing officers or agents or, if an unincorporated association or firm, of any change in members, partners or agents.

(ORD-10-0014, § 10, 2010; Ord. C-6430 § 3 (part), 1987: Ord. C-6260 § 1 (part), 1986)

A. The City Manager may deny, revoke or suspend any promoter's registration certificate upon being satisfied that the holder thereof or any of its officers, partners or agents has violated any provision of this Chapter, or any other law or ordinance regulating charities or philanthropic work, or has made any misstatement in the application, or that he has made false statements in order to procure a contribution or donation, or has engaged in any fraudulent transaction or enterprise, or that the holder is conducting the business in an unfair, dishonest, unjust or inequitable manner. Any holder of such a certificate which is revoked or suspended by the City Manager shall, within twenty-four (24) hours thereafter, present such certificate to the City Manager.

B. Any holder of such a certificate which has been revoked or suspended by the City Manager, or any applicant for such certificate which has been disapproved by the City Manager, is entitled to an appeal to the City Council. Such appeal shall be taken by such applicant's filing notice thereof with the City Clerk within ten (10) days of such suspension, revocation or denial. Such appeal shall be in writing and shall set forth the grounds of appeal. An appeal shall be heard by the City Council at its next regular meeting after the filing of such notice or at such later time as shall be determined by the City Council. On the hearing of the appeal, all facts connected with the revocation, suspension or denial of the certificate shall be presented to the Council and the Council may make such further investigation as it deems necessary and may affirm or reverse the decision of the City Manager. In the event the decision of the City Manager is reversed, the Council shall direct the City Manager to issue, or reinstate, as the case may be, such certificate.

C. The revocation, or suspension, of such a certificate shall not be a bar to the prosecution of the holder thereof for a violation of any provision of this Chapter.

(Ord. C-6430 § 2, 1987; Ord. C-6260 § 1 (part), 1986)

All bonds required by this Chapter shall remain in force and effect for the entire period of registration, except that sureties may cancel any such bond and thereby be relieved of further liability thereunder by delivering written notice thereof to the City Manager not less than thirty (30) days prior to the effective date of such cancellation. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the effective date thereof.

(Ord. C-6260 § 1 (part), 1986)

A. Unless the requirement is waived by the City Manager as provided in this Section, no person shall make any solicitation as defined in this Chapter unless such person exhibits to every person solicited a true and correct copy of an information card which shall be issued by the City Manager whenever he issues a solicitation permit.

This information card shall state that it is issued for public information purposes only and that it is not the City's endorsement of the solicitation. The information card shall include the following:

1. The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;

2. If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;

3. The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes;

4. If paid fundraisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fundraising expenses;

5. If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;

6. The nontax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and State law;

7. The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and State law. If no portion is so deductible the card shall state that "This contribution is not tax deductible";

8. If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term, "officer", "peace officer", "police", "law enforcement", "reserve officer", "fireman", "firefighter", "deputy", "deputy sheriff", which would reasonably be understood to imply that the organization is composed of law enforcement or safety personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the County where the solicitation is being made and if the solicitation is for advertising, the State-wide circulation of the publication in which the solicited ad will appear.

When making any solicitation, the solicitor shall read the information card to the person solicited, or present it to such person for his perusal and allow him sufficient opportunity to read it, before accepting any contribution.

B. In each instance where more than one (1) person solicits contributions under one (1) solicitation permit, each such person shall be supplied with a true and correct or facsimile copy of the information card issued by the City Manager. It shall be the responsibility of the organization or person to whom the solicitation permit has been issued to supply each such solicitor with such copy of the information card, unless the requirement for exhibiting such cards is waived by the City Manager as elsewhere provided in this Chapter.

C. When a campaign or drive for raising funds for any philanthropic purpose is given general publicity through the press, or otherwise, and when more than twenty-five (25) persons serve as solicitors without compensation for their services, the City Manager may, upon application by the person filing the notice of intention, waive the requirements of this Chapter with respect to information cards and the filing of copies of written authorizations of the solicitors serving without compensation, if it is established to the satisfaction of the City Manager and he finds that the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required in this Section to be set forth on the information card.

D. Upon receipt of additional information which, in the opinion of the City Manager, may render incorrect any statement set forth in the information card, the City Manager shall recall every such information card and amend or correct the same and shall issue in lieu thereof a new information card amended or corrected in accordance with such additional information. Upon receipt of notification to return any information card for amendment or correction and new issue, as provided in this Section, the person who filed the notice of intention for the solicitation for which such card was issued shall present such recalled information card to the Police Department within twenty-four (24) hours from the time of receipt of said notification.

E. Upon request of the City Manager all information cards issued pursuant to this Chapter shall be returned to the Police Department upon completion of the solicitation for which they are issued, or at the expiration of the period for which they are valid.

(Ord. C-6385 §§ 1, 3, 1987; Ord. C-6260 § 1 (part), 1986)

If the charitable solicitation is made by telephone, radio, television, letter or any other means not involving direct personal contact with the person solicited, this solicitation shall clearly disclose the information required on the information card by Subsection 5.28.120.A. This disclosure requirement shall not apply to any radio or television solicitation of sixty (60) seconds or less.

If the charitable gift or sale is subsequently consummated, the information card required by Subsection 5.28.120.A shall be mailed to or otherwise delivered to the donor or buyer with a receipt and with items purchased or otherwise relevant to the solicitation.

(Ord. C-6385 § 2, 1987)

A. No person shall solicit, nor authorize any other person to solicit, any contribution for any purpose whatever by means of any box or receptacle unless a notice of intention, as required by this Chapter, has first been filed with the Police Department, except where such solicitation is made upon the privately owned or controlled premises of the solicitor not open or accessible to the general public; nor shall any such solicitation be made upon or in any public park, street, or any place or premises owned or controlled by the City, unless written permission therefor first has been obtained from the City Manager.

B. In every solicitation by box or receptacle where notice is required to have been given to the Police Department and an information card issued by the City Manager, an inscription shall be conspicuously placed on or attached to each box or receptacle containing a legible and true copy of such information card and an identification mark or number. A written list showing the number or identification mark of each receptacle or box and the location thereof shall be maintained by the permittee and shall be available upon demand of the City Manager.

(Ord. C-6260 § 1 (part), 1986)

No person shall solicit any contribution of money for any charitable purpose unless such person tenders to each person making such contribution a written receipt signed by the solicitor, except that no receipt need be tendered if a donation of money is made by placing of same in a locked receptacle of a type approved by the City Manager or the donation of money is in an amount less than one dollar ($1.00). Such receipt shall include the name of the person upon whose behalf the solicitation is made, the amount of the contribution, the name of the donor and a statement, if so requested by donor, of any limitations on the use of the donation or special purposes to which the donation is to be applied.

(Ord. C-6260 § 1 (part), 1986)

No persons shall solicit any contribution for any charitable purpose unless such person is maintaining a system of accounting whereby all contributions and all disbursements therefrom are entered upon the books or records of its Treasurer or other financial officer.

(Ord. C-6260 § 1 (part), 1986)

Every person soliciting any contribution pursuant to a permit issued under this Chapter shall file with the City Manager within thirty (30) days after the close of any such solicitation, or within thirty (30) days after a demand therefor, a report 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 uses and in what manner all such contributions were or are to be disbursed or distributed, including the distribution of contributions disbursed, or to be disbursed, for philanthropic purposes within the City. Every such report shall be made on forms to be furnished by the Police Department and signed by the person filing the notice of intention for such solicitation as provided in this Chapter. Such report, if made by any such corporation or association, shall be signed by at least two (2) officers thereof, provided that such report need be filed only on behalf of the permittee and not by an individual soliciting on behalf thereof.

(Ord. C-6260 § 1 (part), 1986)

In making any solicitation, no person shall use a fictitious name, nor an alias, nor represent his name to be any other than his full, true and correct name, nor make any such solicitation without, at the time, giving to the person solicited for such contribution the full, true and correct name of the person soliciting and on behalf of whom such solicitation is made, nor impersonate any other person in making any such solicitation.

(Ord. C-6260 § 1 (part), 1986)

No person shall make any misstatement nor perpetrate any fraud or deception in connection with the solicitation of any contribution for any philanthropic purpose.

(Ord. C-6260 § 1 (part), 1986)

Any applicant or permit holder who is dissatisfied with the revocation or denial of any solicitation permit by the City Manager may appeal such decision to the City Council. Such appeal shall be in writing and filed with the City Clerk within ten (10) days after service of notice of such decision setting forth the grounds of appeal. At the hearing of such appeal, all facts connected with the revocation or denial of the permit shall be presented to the City Council, and the City Council may make such further investigation as it deems necessary; after the hearing, the City Council shall affirm or reverse the decision of the City Manager; and in the event the City Manager's decision is reversed, the Council shall direct him to reinstate or approve the permit. The action of the City Council shall be final and shall take effect when written notice thereof is served by mail.

(Ord. C-6260 § 1 (part), 1986)

The revocation of a permit as provided in this Chapter shall not be a bar to the prosecution of the holder thereof for a violation of any provision of this Code.

(Ord. C-6260 § 1 (part), 1986)