Los Angeles County Municipal Code Part 6 Promoters

A promoter shall not, in any manner whatsoever, solicit within the county any contribution for any actual or purported charitable use, purpose, association, corporation or institution without a license from the commission to do so or a license issued by the department of social service of the city of Los Angeles which has been approved by the commission.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3171, 1951.)

In addition to the requirements of Section 7.06.020 of this title, an application for a license as a promoter also shall contain:

A.

A succinct statement of facts showing that the applicant, if not a corporation or an unincorporated firm, association or partnership, is of good character and reputation, or if the applicant be a corporation that each of its managing officers and agents is of good character and reputation, or if the applicant be an unincorporated association, firm or partnership, that each of its members is of good character or reputation;

B.

The general plan, character and method by which the applicant proposes to conduct its business as a promoter.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3172, 1951.)

At the time of filing with the commission an application for a license as a promoter, the applicant shall either:

A.

File and thereafter maintain with the commission a good and sufficient bond in the aggregate sum of $2,000.00, running to the county for the use and benefit of interested persons and parties, executed by the applicant and two or more responsible sureties, or a surety company authorized to do business in the state of California which sureties or surety company shall be approved by the commission; or

B.

Assign to the county of Los Angeles, pursuant to Chapter 4.36 of this code, savings and loan certificates in the sum of $2,000.00.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3173, 1951.)

The total aggregate liability on the bond described in Section 7.24.430 shall be $2000.00. The bond shall be conditioned upon the strict compliance, by the principal, with the provisions of this chapter, and the payment of any direct pecuniary loss sustained, through any act of grand or petty theft on the part of the principal, by any donor or by any person on whose behalf the funds or personal property were solicited or received by the principal.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3174, 1951.)

The bond described in Section 7.24.430 shall remain in force and effect for the entire period of the license. The sureties may cancel the bond and be relieved of further liability thereunder by delivering 30 days' written notice to the commission. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of the said 30-day period. If a bond is cancelled, Sections 7.08.240, 7.08.250 and 7.08.270 apply.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3175, 1951.)

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 said bond for the recovery of any damage sustained by him. Upon such action being commenced, such bond shall not be void upon first recovery thereon but may be sued upon from time to time until the whole of the penalty shall be exhausted. The commission may require the filing of a new bond, and immediately upon the recovery in any action on such bond, the promoter shall file a new bond or assign savings and loan certificates to the county as provided for in this Part 6. Upon failure to file a new bond or assign savings and loan certificate within 10 days in either case, the commission shall forthwith suspend such promoter's license.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3176, 1951.)

If in lieu of a bond an applicant or promoter assigns to the county savings and loan certificates, he shall agree in writing that if the commission finds that any donor or any person on whose behalf funds or personal property were solicited or received by the promoter, sustains any pecuniary loss through any act of grand or petty theft on the part of the promoter, the county may redeem a sufficient number of such certificates and from the proceeds reimburse such person for loss sustained.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3177, 1951.)

Upon filing an application for a promoter's license, the applicant shall pay a fee in the amount set forth in Section 7.14.010 of this code, under the appropriate heading.

(Ord. 11209 § 1 (part), 1975: Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3178, 1951.)

When applying for a promoter's license, the applicant also may submit to the commission a current, unrevoked, valid promoter's license issued by the department of social service of the city of Los Angeles. If the commission finds that the applicant is entitled to a license and that either the bond filed in conjunction with the city license complies with all of the provisions of this title or that the applicant either has filed such a bond or assigned savings and loan certificates as required by this Part 6, it may approve the city license.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3179, 1951.)

A.

The commission shall issue a promoter's license or approve a city license if it finds:

The applicant is of good character and reputation, or if the applicant is a corporation that every managing officer or agent thereof is of good character and reputation, or if the applicant is unincorporated association, firm or partnership, each member thereof is of good character and reputation;

Applicant has sufficient financial responsibility to carry out the obligations incident to any solicitation such applicant may make within this county as such promoter, and that all of the statements made in such application are and each of them is true, and that neither the applicant nor any officer, agent or member of the applicant has violated any of the provisions of this chapter or has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct his business fairly and honestly.

B.

If the only ground to deny a license or refuse approval of a city license is such that it does not substantially affect applicant's honesty and integrity, and if the inability of the applicant to meet any requirement will not in any way interfere with a proper performance by the applicant of his duties as such promoter and he has satisfied all of the requirements of this Part 6 except this section, the commission may grant or approve the license. Otherwise it shall deny or refuse to approve the same.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3180, 1951.)

A.

A promoter shall not cause or permit any person, for pecuniary compensation or consideration to be received by such person, to solicit or receive on his behalf or at his instigation, under his direction or control or in his employment, any contribution unless such person so employed has a promoter's license issued by or approved by the commission, or a solicitor's license.

B.

A person shall not, for pecuniary compensation or consideration, solicit contributions for or on behalf of a promoter unless he has a promoter's license issued or approved by the commission or a solicitor's license.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3181, 1951.)

A solicitor's license shall be applied for, granted or revoked pursuant to and be subject to all of the regulations of this title pertaining to promoter's license, except that a bond in the amount of $500.00 or assignment of savings and loan certificates in the amount of $500.00 is sufficient, and the fee shall be in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.

(Ord. 11209 § 1 (part), 1975: Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3182, 1951.)

A solicitor shall notify the commission in writing of:

A.

Any change of address;

B.

Any change in, or termination of, employment;

C.

If employed by more than one person, that fact.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3183, 1951.)

A promoter shall not and a solicitor shall not, commingle any contributions with the promoter's or solicitor's own funds, and shall at all times maintain and keep all contributions separate and apart from the promoters or solicitor's own funds or property.

(Ord. 9678 § 2 (part), 1968: Ord. 5860 Ch. 18 Art. 6 § 3184, 1951.)