Malibu Municipal Code Ch. 5.12 Charitable Solicitations

For purposes of this chapter, the following terms shall have the following meanings:

"Charitable"

means and includes the words patriotic, political, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported.

"Charitable association"

means any organization devoted to charitable purposes, including, but not limited to, patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal purposes.

"Contribution"

means and includes the words alms, food, clothing, money, or property, subscription, pledge, or donations given or solicited either directly or indirectly, or under the guise of loans of money or property.

"Identification Card"

means a card, issued by the city.

"Monetary compensation" or "consideration"

as used in this chapter, includes, but is not limited to, participation on a percentage basis in any fund solicited or raised for or on behalf of any other person.

"Solicit" or "solicitation"

means:

Any request directly or indirectly for the donation of money, credit, property, financial assistance or other things of value;

The selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to goods, books, pamphlets, tickets, rights to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by the person for or by whom the solicitation is being made at a fixed place of business within the city, publications or brochures; or

The selling or offering for sale of any service, upon the representation, express or implied, that the donations or proceeds of any such sale will be used for a charitable purpose as that term is defined herein.

This chapter shall apply to any solicitation conducted door to door, in any place of public accommodation, in any place of business open to the public generally on the city streets and sidewalks, in the public parks, or in any public place, and conducted by:

"Writing"

includes "printing," "type-writing," "mimeographing," "multigraphing," or "photocopying."

"Written"

includes "printed," "typewritten," "mimeographed," "multigraphed," or "photo-copied."

(Prior code § 4501; Ord. 258 § 1, 2003)

No person shall solicit for any charitable purpose within the city without having obtained a permit from the city manager or his or her designee authorizing such solicitation, except that where a charitable solicitation permit has been issued to any applicant, the individual agents and solicitors for such applicant shall not be required to obtain individual permits.

(Prior code § 4502)

A. The provisions of this chapter shall not apply to solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made.

B. The provisions of this chapter shall not apply to:

1. Payments required by law to be collected or paid;

2. Payments to or from governmental agencies; or

3. Solicitations made by an association or its authorized agents and employees to its own members and employees.

(Prior code § 4503)

A. Filing of Application. An application for a charitable solicitation permit shall be made to the city manager. The application shall be filed with the city at least 10 calendar days prior to the time at which the permit to conduct a solicitation shall become effective; provided, however, that the city manager may for good cause shown allow the filing of an application within this required 10 day period. The applicant may demonstrate good cause by showing that events beyond his or her control prevented timely application.

The city manager shall either grant, approve with conditions, or deny the requested permit to conduct charitable solicitation within 10 calendar days of the date the application is made. In the event the city manager fails to act upon an application within the time prescribed herein, the permit shall be deemed granted.

B. Contents of Application. The application herein required shall contain the following information:

1. The names and addresses of the officers and directors of the charitable association for which the solicitation proposed in the application is to be made;

2. A copy of the resolution, if any, of the charitable association authorizing such solicitation, certified as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof;

3. A statement that the signers of the application have read and are familiar with the provisions of this chapter and will require all solicitors engaged in charitable solicitation for them to read and be familiar with it;

4. The name, address (home and business) and telephone number (home and business) of the person applying for the license;

5. Whether the applicant is a natural person, partnership, corporation or association: and

a. If a partnership, the names of all partners and the principal business and residence address and telephone number of each partner shall be given,

b. If a corporation, the applicant shall state whether it is organized under the laws of California or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the principal office of such corporation, and the names of all officers and directors or trustees of the corporation and, if a foreign corporation, the place of incorporation,

c. If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business and residence addresses and telephone numbers of all members of the association, unless they exceed 10 in number, in which case the application shall so state and the applicant may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office;

6. The purpose for which the solicitation is to be made;

7. The names of all individuals authorized to disburse the proceeds of the solicitation;

8. The name, address, telephone number and social security number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all fund raisers or solicitors connected with, or to be connected with, the proposed solicitation and the photo identification of all such persons taken within 60 days immediately prior to the filing of the application. Such photo identification shall be two inches by two inches showing the head and shoulders in a clear and distinguishable manner;

9. An outline of the method or methods to be used in conducting the solicitation;

10. The time when such solicitation will be made, giving the preferred dates and hour of day for the commencement and termination of the solicitation;

11. A full statement of the character and extent of the charitable or religious work being done by the applicant (if applicable) or the charitable organization;

12. 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, officer or employee thereof;

13. A projected schedule of salaries, wages, fees, commissions, or other compensation, expenses and costs to be expended or paid in connection with the solicitation or in connection with the disbursement of funds solicited (if applicable), and an estimated percentage of the total projected collections which the costs of solicitation will comprise (if applicable);

14. The names of any other cities in which the person applying has solicited within the past two years, but in the event that the person applying has solicited in more than 10 other cities, the person applying may list the 10 cities in which the most recent solicitations occurred;

15. An explanation of the reasons why any information required herein is not available if the applicant is unable to provide any of the foregoing information;

16. The application must be signed by the applicant if the applicant is an individual; by the managing or general partner if the applicant is a partnership; by its president if the applicant is a corporation or an association. The individual signing the application shall sign the application and swear before an officer authorized to administer oaths that he or she has carefully read the application and that all the information contained therein is true and correct;

17. If, while any application is pending, or during the term of any permit 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 director in writing thereof within 24 hours after such change.

(Prior code § 4504)

The city manager and the sheriff's department shall examine all applications for a charitable solicitation permit. The applicant shall make available for inspection all of the applicant's financial books, records, and papers at any reasonable time before the application is granted and during the time a permit is in effect. The city manager may inspect the financial books, records, and papers in order to determine the truth of the information contained in the application.

(Prior code § 4505)

A. Issuance of Permit. The city manager shall issue a permit for charitable solicitation unless any of the following have been demonstrated:

1. That the applicant has failed to provide the information requested in this chapter; or

2. That any statement made in the application is untrue.

B. Form of Permit. Permits issued under this chapter shall bear the name and addresses of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permittee may solicit, and a statement that the permit does not constitute an endorsement by the city or by any of its departments, officers or employees of the purpose of, or of the person conducting, the solicitation. All permits must be signed by the city manager.

C. Term of Permits. All permits issued under this chapter shall be valid for a period of one year unless revoked or suspended pursuant to the provisions of this chapter.

D. Permit Nontransferable. Any permit issued under this chapter shall not be transferable or assignable.

(Prior code § 4506)

A. All persons to whom a permit has been issued, pursuant to this chapter, shall obtain an identification card from the city which shall include the permit number, the name and street address of the permittee, a statement describing the permittee's purpose and activity, the signature of the permittee's chief executive officer (if applicable), the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the license which shall state: "This identification card is not an endorsement of the solicitation by the City of Malibu or any of its officers or employees."

A copy of the identification card shall be filed with the city manager at the time the application for a permit is filed and shall be approved by the city manager as conforming to the requirements of this chapter before the permit is issued.

B. Card to be Carried and Displayed. All agents and solicitors of the permittee shall carry an approved identification card with them at all times when soliciting. No person shall solicit unless he or she exhibits an identification card in a form approved by the city manager. Before commencing the solicitation, the solicitor shall read it to the person solicited, or present it to the person solicited, allowing sufficient time for perusal.

C. Repeal or Revocation of Identification Card. If a permit issued pursuant to this chapter is denied or revoked, any identification cards issued to the applicant or permittee shall be cancelled and such cards shall be returned to the city manager within 48 hours from the time of receipt of such notification.

(Prior code § 4507)

In the event that the city manager denies the permit, the city manager, within five business days shall notify the applicant by registered or certified mail, stating with specificity the reasons for such denial.

(Prior code § 4508)

A. Notice—Suspension. Whenever the city manager determines that a permittee has violated any of the provisions of this chapter, has violated any other law in connection with the solicitation, that any statement made in the application is untrue, or that the permittee has failed to provide any information required in this chapter, the city manager shall immediately suspend the permit by notifying the permittee of the suspension and the specific reasons therefor within two business days by registered or certified mail or by personal service of the notice upon the permittee. Such notification shall become effective on the third calendar day after service by mail of the notice, or immediately upon personal service of the notice.

B. Notice—Revocation Hearing. The suspension notice shall set the matter for hearing before the city manager within three business days of the effective date of suspension.

C. Revocation. The city manager shall, based upon the evidence, render a decision within one business day either revoking the permit or ending the suspension and reinstating the permit.

D. Sheriff's Notification. The sheriff's department shall be notified by the city manager of the suspension or revocation of any permit issued under this chapter.

(Prior code § 4509)

If an applicant or permittee is aggrieved by any action to deny or revoke a permit by the city manager, such applicant or permittee shall have the right to appeal such decision. The notice of appeal shall specifically set forth the grounds for the appeal and shall be filed within five calendar days after mailing or personal delivery of a notice of denial or revocation and no later than noon, one calendar week preceding a city council meeting to be placed on the next regular meeting's agenda. The council shall hear the applicant/permittee or a designated representative, receive relevant information and documents, and act on the appeal at its next regular meeting. The council's decision shall be final.

(Prior code § 4510)

Upon the expiration of any permit to solicit, the charitable solicitation permit shall be renewed within 10 calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this chapter or code has been committed. The city manager may require a new application subject to the provisions of this chapter.

(Prior code § 4511)

It shall be the duty of all persons issued permits to solicit under this chapter to furnish a report and financial statement showing the amount of funds raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fees, commissions, and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation (if applicable) to the city manager or designee within 90 calendar days after the expiration or renewal of the license. The permittee may be required to make available for inspection all financial books, records and papers whereby the accuracy of the report may be verified.

(Prior code § 4512)

A. General Requirements.

1. No person shall solicit without a license and identification card issued pursuant to this section;

2. No person shall solicit within the city after the license issued by the city has expired, unless such license has been renewed;

3. No person shall solicit at any dwelling, including but not limited to a house, apartment, or condominium where there is a sign indicating "No Solicitations," "Do Not Disturb," or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed;

4. No person shall touch, come into physical contact with, or affix any object to another person or any member of the public, without first receiving express permission therefor from such member of the public;

5. No person shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited;

6. No person shall intentionally and deliberately obstruct the free movement of any member of the public on any street, sidewalk or other place or in any place open to the public generally;

7. No person shall solicit from a captive audience. "Captive audience" shall be defined as purposefully stationary persons, such a persons in line or seated in public areas;

8. No person shall threaten any injury or damage to any member of the public who declines to be solicited;

9. No person shall accept food stamps as a contribution;

10. No person shall misrepresent his or her physical or mental health while soliciting;

11. No person shall alter an identification card issued or approved by the city without the express approval of the city manager; and

12. No person shall solicit funds in the city for any purpose other than the purpose(s) specified in the application upon which the license was issued.

B. Books and Records. No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all receipts and disbursements are entered upon the official books or records of such person's treasurer or other financial officer.

C. Hours of Solicitation. It is unlawful for any person to solicit upon private residential premises after ten p.m. or earlier than seven a.m. for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of the premises. This section shall not be interpreted to grant any person permission to enter upon private property.

D. Written Receipts Required. Any person receiving anything of value from any contributor under a solicitation made pursuant to a permit granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the amount or item received. This section shall not apply to any contributions collected by means of a closed box or receptacle used with the written approval of the city manager, where it is impractical to determine the amount of each contribution.

E. Solicitation by Publication, Radio, Television, Telephone, Printing or Other Media. When any solicitation made, pursuant to this chapter, is conducted by printed matter or published article, or over radio, television, telephone, telegraph or by any other means of communication known or hereinafter devised, such publication shall contain the data and information required to be set forth in the identification card approved by the city manager.

(Prior code § 4513)