Monrovia Municipal Code Ch. 5.40 Charitable and Religious Solicitations

Sections:

• I. CHARITABLE SOLICITATION

• II. PROMOTERS, SOLICITORS, AGREEMENTS, ADDITIONAL INFORMATION

• III. PROHIBITED ACTS

• IV. VIOLATION—PENALTY

I. CHARITABLE SOLICITATION

Whenever used in this chapter, unless a different meaning clearly appears from the context:

CHARITABLE. Shall mean and include the words “patriotic,” “philanthropic,” “social service,” “welfare,” “benevolent,” “educational,” “civic,” or “fraternal,” either actual or purported, but shall not include solicitations made solely for evangelical or missionary purposes and shall not include political or religious informational canvassing.

COMMITTEE. The Development Review Committee.

CONTRIBUTIONS. Shall mean and include the words “alms,” “food,” “clothing,” “money,” “subscription,” “property” or “donations” under the guise of a loan of money or property.

PERSON. Any individual, firm, partnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and shall include any trustee, receiver, assignee, agent or other similar representative thereof.

PROMOTER. Any person who, for pecuniary compensation or consideration received, or to be received, solicits or is engaged in the business of or holds himself or herself out to the public as engaged in the business of soliciting contributions for or on behalf of any other person or any charitable association, corporation or institution, or conducts, manages or carries on or agrees to conduct, manage or carry on or is engaged in the business of or holds himself or herself out as engaged in the business of conducting, managing or carrying on a drive or campaign or any such purpose; provided, however, that pecuniary compensation or consideration as used in this section shall include but shall not be limited to, participation on a percentage basis in any fund solicited, or raised, for or on behalf of any other person, firm, association or corporation.

RELIGIOUS and RELIGION. As used in this chapter shall not mean and include the word “charitable” as defined in this section but shall be given their commonly accepted definitions.

SOLICIT and SOLICITATION. The request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the request or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose as that purpose is defined in this chapter. These words shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value on the request or representation that it will be used for a charitable purpose as defined in this section:

(1) Any oral or written request;

(2) The distribution, circulation, mailing, posting or publishing of any handbill, written advertisements or publication;

(3) The making of any announcement to the press or media or direct appeal by telephone or telegraph or the announcement of any assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering, at which the public is requested or will be requested to make a contribution for any charitable purpose connected therewith;

(4) The sale of, offer or attempt to sell, any advertising, advertisements, space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with any appeal made for any charitable purpose, or where the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable purpose. A SOLICITATION as defined in this section shall be deemed complete when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.

(`83 Code, § 5.40.010) (Ord. 82-46 § 1, 1982)

(A) The Development Review Committee shall hear all appeals from a denial of solicitations certificates of registration as provided in this chapter.

(B) It shall be the duty of the Development Review Committee to investigate each application for a certificate of registration required by the provisions of this chapter. It shall maintain each application on file together with its recommendation thereon, all of which shall be subject to public inspection during normal city business hours. The Committee shall have the power to issue and revoke certificates of registration as provided in this chapter; to summon witnesses, take testimony, direct investigations and conduct hearings; and to do and perform all other acts reasonably necessary to carry out its duties as required in this chapter.

(`83 Code, § 5.40.020) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 2, 1982)

No person shall solicit contributions for any charitable purpose within the city without first obtaining a certificate of registration from the License Officer authorizing such solicitation; provided, however, that the provisions of this section shall not apply to any organization operated exclusively for religious or charitable purposes if all solicitations are conducted among the members of the organization, by other members or officers thereof, or if solicitations are in the form of collections at the regular assemblies or services of any such organization.

(`83 Code, § 5.40.030) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 3, 1982)

(A) An application for a certificate of registration to solicit as provided by § 5.40.030 shall be made to the License Officer upon a form provided by the city. Such application shall be under oath or affirmation of the truth fulness of the contents therein and shall be filed with the License Officer at least 30 days prior to the time at which the certificate of registration applied for shall become effective; provided, however, that the License Officer may, for good cause shown, allow the filing of an application less than 30 days prior to the effective date of the certificate of registration applied for. The application required in this chapter shall contain the following information or in lieu thereof, a detailed statement of the reasons why such information cannot be furnished:

(1) The name, address or headquarters of the person applying for the certificate of registration;

(2) If the 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 such solicitation, certified as a true and correct copy of the original by the officer having charge of the applicant's records. If the persons who are in direct charge of conducting the solicitations are other than the applicant or the applicant's principal officers and managers, a list of the names and addresses of such persons, as well as the names of all promoters connected with the proposed solicitation, shall be included on the application;

(3) The purpose for which 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;

(4) A statement setting forth the reasons for the public solicitation showing the need for the contribution to be solicited;

(5) An outline or statement of the method or methods to be used in conducting the solicitations;

(6) The time when such solicitations shall be made, giving the preferred dates for beginning and ending of such solicitations;

(7) The estimated cost of the solicitation;

(8) The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to any person in connection with such solicitation and the names and addresses of all such persons;

(9) A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant. The financial statement shall set forth the amount of money raised together with the cost of raising it and the final distribution of the funds collected;

(10) A statement of the nature or character or the extent of the charitable work being performed or to be performed by the applicant within the city;

(11) A statement that if the certificate of registration 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;

(12) A statement indicating whether or not the applicant or the organization to which the charitable funds solicited will be transmitted is a tax-exempt charity as provided in Section 501 of the Internal Revenue Code and Cal. Revenue and Taxation Code § 23701.

(B) If while any application is pending, or during the term of any certificate of registration 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 License Officer in writing thereof within 48 hours after such change.

(`83 Code, § 5.40.040) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 4, 1982)

(A) Upon the filing of an application pursuant to § 5.40.040, the License Officer shall issue the certificate of registration when the License Officer has determined that the following facts exist:

(1) That all of the statements made in the application are true;

(2) That the applicant or the organization to which the charitable funds solicited will be donated has obtained tax exemptions as provided in Section 501 of the Internal Revenue Code and Cal. Revenue and Taxation Code § 23701 if so claimed on the application;

(3) That the applicant has not had a certificate of registration for the solicitation of charitable contributions revoked by the city within the last two years, unless special facts are presented showing that the grounds for revocation are no longer present;

(4) That the applicant has not, or if the applicant is not an individual, those members of the applicant who will have direct control and supervision of the solicitation in the city and such applicant's principal officers and managers have not been convicted in any court within the last five years of any crime or misdemeanor involving fraudulent solicitation practices.

(B) The License Officer shall serve upon the applicant by registered mail within three days of the filing of the application, a certificate of registration to conduct such solicitation, or if the certificate of registration is denied, a written statement of the reasons for such denial and a notice to the applicant that an immediate appeal in writing may be taken to the Development Review Committee. A copy of the certificate of registration and the supporting documentation or the statement of the License Officer setting forth the reasons for denial of the application shall be maintained in the office of the License Officer and shall be open to public inspection during the normal city business hours.

(`83 Code, § 5.40.050) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 5, 1982)

(A) (1) If an appeal in writing from the denial of the certificate of registration to conduct a charitable solicitation is filed by the applicant, the Development Review Committee shall examine the application and all supporting documentation filed by the applicant.

(2) Upon request by the Committee, the applicant shall make available for inspection by the Committee or any person designated by the Committee as a representative for such purpose, the applicant's federal and state income tax exempt status of the applicant or the charity to which contributions will be forwarded or to verify the information supplied by the applicant in the financial statements submitted with the certificate of registration application.

(3) The Committee may require from the applicant such other information as the Committee may require to verify the statements of the applicant submitted on the application for the certificate of registration or supporting documents supplied by the applicant.

(4) The Committee shall, within seven days from the receipt of the appeal by the applicant, make findings of fact and render a decision either denying or approving the application.

(5) In the event that the Committee determines that the application should be approved, the certificate of registration shall be promptly issued by the License Officer.

(6) In the event that the Committee determines that the certificate of registration should not be issued, the applicant shall be advised in writing of such determination and the findings of the Committee and shall be further advised that the applicant has an immediate right of appeal to the City Council.

(B) (1) An appeal to the City Council from the denial of an application for a certificate of registration to conduct a charitable solicitation shall be by written appeal filed with the City Clerk within ten days from the notice of the denial of the certificate of registration by the Development Review Committee.

(2) If the applicant files an appeal in writing with the City Clerk within said time period, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council, unless the applicant requests that the matter be calendared for a later meeting.

(3) The City Council shall conduct a hearing on the applicant's appeal and shall make written findings of fact.

(4) If the City Council determines that the application should be approved, the certificate of registration shall be promptly issued by the License Officer.

(5) In the event that the City Council determines that the application should not be approved, the Council shall so inform the applicant in writing and shall further inform the applicant that judicial review of the decision of the City Council is available to the applicant.

(`83 Code, § 5.40.060) (Ord. 80-13 §§ 1 (part), 2, 3, 1980; Ord. 82-46 § 6, 1982)

(A) Certificates of registration issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate of registration, the date issued, the dates within which the certificate of registration holder may solicit, and a statement that the certificate of registration does not constitute an endorsement by the city or by any of its departments, officers or employees of the purpose or of the person conducting the solicitation. All certificates of registration must be signed by the License Officer.

(B) No certificate of registration may grant the right to solicit longer that 30 days from its date, but the License Officer may extend any certificate of registration for not more than 30 additional days upon a showing that unnecessary hardship would be created by a failure to extend the original 30-day period for the additional days.

(`83 Code, § 5.40.070) (Ord. 80-13 § 1 (part), 1980)

Any certificate of registration issued under this chapter shall be nontransferable.

(`83 Code, § 5.40.080) (Ord. 80-13 § 1 (part), 1980)

(A) Any person issued a valid certificate of registration under this chapter may authorize any number of individual persons to conduct and carry on the solicitations under such certificate of registration unless the certificate of registration expressly limits the number of such persons who may be allowed to carry on such solicitation. Authorization by the holder of the certificate of registration shall be evidenced by a badge, approved as to form by the License Officer, which shall be issued to each individual so authorized. The badge shall indicate the number of the certificate of registration, its expiration date, the name of the individual whom it authorizes to engage in solicitation and the name of the holder of the certificate of registration. This information shall be printed on a white background in black lettering, and the name of the holder of the certificate of registration shall be legible for a distance of five feet.

(B) No person shall solicit under any certificate of registration granted under this chapter without wearing a badge as provided in this chapter on the outer garment of clothing worn by the solicitor.

(`83 Code, § 5.40.090) (Ord. 80-13 § 4, 1980; Ord. 82-46 § 8, 1982)

Any person receiving money or anything having a value of $1 or more from any contributor under a solicitation made pursuant to a certificate of registration granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing plainly the name and certificate of registration number of the person under whose certificate of registration the solicitation is conducted, the date, and the amount received; provided, however, that this section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the License Officer, where it is impractical to determine the amount of such contributions.

(`83 Code, § 5.40.100) (Ord. 80-13 § 1 (part), 1980)

(A) Grounds for suspension and notice of hearing.

(1) All licenses issued under this chapter shall be subject to the condition that the applicant thereafter shall cease and desist from any charitable solicitations within the city when ordered to do so by the License Officer if the Officer finds after a hearing, upon notice, that any act or omission of the applicant, the applicant's agent or employees in the making of any solicitation within the city is misleading, fraudulent, or in violation of any provision of this chapter. The License Officer must suspend or revoke the applicant's license if, after hearing on notice, the License Officer finds the existence of any of the grounds enumerated in this chapter for the denial of an application for a charitable solicitation license.

(2) Where the License Officer has reason to believe that the conduct of the solicitation being performed by the applicant is misleading, fraudulent, or in violation of any provision of this chapter, the License Officer shall give notice of intention to suspend or revoke the applicant's certificate of registration by registered mail. The notice of intention to suspend or revoke the applicant's certificate of registration shall notice a hearing to be held within two business days of such notice to determine whether or not the certificate of registration should be suspended or revoked. The notice of intention to suspend or revoke the license of the applicant shall contain a statement of the facts upon which the license officer has acted in giving said notice.

(B) Presentation of evidence at hearing. At the hearing the certificate of registration holder, and any other interested person, shall have the right to present evidence as to the facts upon which the License Officer has based the notice of suspension or revocation of the certificate of registration, and any other facts which may aid the License Officer in determining whether a violation of any of the provisions of this chapter have occurred and whether the certificate of registration of the applicant should be suspended or revoked.

(C) Action on findings. If, after such hearing, the License Officer finds that any provision of this chapter has been violated or that the solicitation has been misleading, fraudulent, or otherwise misrepresented, the License Officer shall immediately suspend or revoke the certificate of registration and shall within two business days after the hearing file with the City Clerk and serve upon the certificate of registration holder, and all interested persons participating in the hearing, a notice of such revocation, together with a written statement of the facts upon which the License Officer has based the findings. If, after such hearing, the License Officer finds that no violation of this chapter has occurred or that the solicitations have not been misleading, fraudulent or otherwise misrepresented the License Officer shall, within two days after said hearing, deliver to the applicant by mail a written statement canceling the notice of intention to suspend or revoke the certificate of registration and stating that no violation or misrepresentation was found to have been committed.

(`83 Code, § 5.40.110) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 10, 1982)

The Chief of Police shall be notified forthwith by the License Officer of the suspension or revocation of any certificate of registration issued under this chapter.

(`83 Code, § 5.40.120) (Ord. 80-13 § 1 (part), 1980)

(A) Filing of appeal. If a certificate of registration to solicit under this chapter is revoked, an applicant may file an appeal to the City Council within ten days of the notice of revocation. Such appeal shall be filed in writing with the City Clerk.

(B) Hearing by City Council. If the applicant files an appeal in writing with the City Clerk within the time period set forth in division (A) of this section, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council, unless the applicant requests the matter be calendared for a later meeting. The City Council shall conduct a hearing on the applicant's appeal from revocation and shall make written findings of fact. If the City Council determines that the certificate of registration should be reinstated, said certificate of registration shall be promptly reissued by the License Officer. In the event that the City Council determines that the certificate of registration should not be reinstated, the Council shall so inform the applicant that judicial review of the decision of the City Council is available to the applicant.

(`83 Code, § 5.40.130) (Ord. 80-13 § 1 (part), 1980; Ord. 82-46 § 11, 1982)

No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all donations to it and all disbursements are entered upon the books or records of such person's Treasurer or other financial officer.

(`83 Code, § 5.40.140) (Ord. 80-13 § 1 (part), 1980)

(A) Report and financial statement required of certificate of registration holder. It shall be the duty of all persons issued certificates of registration under this chapter to furnish to the License Officer, within 30 days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed 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. This report shall be available for public inspection at the License Officer's office at any reasonable time; provided, however, that the License Officer may extend the time for the filing of the report required by this section for an additional period of 30 days upon proof that the filing of the report within the time specified will work unnecessary hardship on the certificate of registration holder.

(B) Availability of books and records of certificate of registration holder for inspection. The certificate of registration holder shall make available to the License Officer or to any person designated in writing by the License Officer as his or her representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked.

(`83 Code, § 5.40.150) (Ord. 80-13 § 1 (part), 1980)

(A) No person shall solicit any contribution for any purpose by means of any box or receptacle, upon any public street, sidewalk or way, or in any public park or in any publicly-owned or controlled place, except by the express written permission of the License Officer of the city.

(B) No person shall solicit any charitable contribution, or any contribution for any real or purported charitable purpose, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby or entranceway, or other place open to or accessible to the public, or in any place of public resort, without first obtaining a certificate of registration to conduct such solicitation as provided in this chapter, and every person so soliciting must, in all other respects, comply with the provisions of this chapter.

(`83 Code, § 5.40.160) (Ord. 82-46 § 12, 1982)

II. PROMOTERS, SOLICITORS, AGREEMENTS, ADDITIONAL INFORMATION

No promoter shall in any manner whatsoever, solicit within the city any contribution for any actual or purported charitable use, purpose, association, corporation or institution without a promoter's license from the city.

(`83 Code, § 5.40.170) (Ord. 82-46 § 13 (part), 1982)

Any person acting as a promoter shall make and file with the License Officer an application for a promoter's license in writing. In such application, the applicant shall set forth, in addition to such information as may be required by the License Officer:

(A) The name and address of the applicant and, if such applicant be a corporation, the name and address of each of its managing officers and agents, and, if it be an unincorporated association, firm or partnership, the name and address of each member of such unincorporated association, firm or partnership;

(B) 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 and reputation;

(C) The general plan, character and method in or by which applicant proposes to conduct its or his business as a promoter.

(`83 Code, § 5.40.180) (Ord. 82-46 § 13 (part), 1982)

(A) At the time of filing with the License Officer an application for a promoter's license, the applicant shall file and hereafter maintain with the License Officer a good and sufficient bond in the aggregate sum of $5,000 running to the city for the use and benefit of interested persons and parties, executed by the applicant and by two or more responsible sureties, or a surety company authorized to do business in the state, to be approved by the License Officer. The total aggregate liability on said bond shall be limited to the payment of $5,000. Said bond shall be conditioned upon the strict compliance by the principal with the provisions of this Article II, and for 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.

(B) Said bond shall remain in force and effect for the entire period of the license. The sureties may cancel the bond and be relieved from further liability thereunder by delivering 30 days' written notice to the License Officer. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of said 30-day period.

(C) Any person who sustains any injury covered by said bond may, in addition to any other remedy that he or she may have, bring an action in his or her own name upon said bond for the recovery of any damage sustained.

(D) Upon the action being commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the full of such penalty shall be exhausted. The city may, at its discretion, require the filing of a new bond, and immediately upon the recovery in any action on such bond, such promoter shall file a new bond and upon failure to file the same within ten days in either case, the License Officer shall forthwith suspend such promoter's license to solicit.

(E) The time within which any action can be brought against a surety upon any bond filed under this chapter may, by express provision in the bond to that effect, be limited to a period of two years from and after the discovery, by the person aggrieved, of the act or default complained of.

(`83 Code, § 5.40.190) (Ord. 82-46 § 13 (part), 1982)

For filing such application, the applicant shall pay a fee as may be established by resolution of the City Council of the city.

(`83 Code, § 5.40.200) (Ord. 82-46 § 13 (part), 1982)

The License Officer shall examine such application and shall make such further investigation of the applicant and its or his or her affairs as the License Officer shall deem advisable. If from such examination the License Officer shall be satisfied:

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

(B) That the applicant has sufficient financial responsibility to carry out the obligations incident to any solicitation the applicant may make within the city as a 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 its business fairly and honestly, the License Officer shall issue to the applicant a promoter's license to solicit contributions within the city. Otherwise, the License Officer shall deny the application and refuse to issue the license, and shall notify the applicant of such decision; provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect the applicant's honesty and integrity, and if the inability of the applicant to meet any requirement will not in any way interfere with the proper performance by the applicant of the duties of a promoter, the License Officer may, in his or her discretion, waive such ground and grant the application, and; provided further, that this discretion relates only to divisions (A) and (B) of this section.

(`83 Code, § 5.40.210) (Ord. 82-46 § 13 (part), 1982)

(A) All licenses issued under this chapter shall be subject to the condition that the applicant thereafter shall cease and desist from acting as a promoter within the city when ordered to do so by the License Officer if the Officer finds after a hearing, upon notice, that any act or omission of such promoter or his or her agents or employees in making any solicitation or in the conduct of the business of promoter within the city is misleading, fraudulent, or in violation of any provision of this chapter.

(B) The License Officer must suspend or revoke any promoter's license if, after hearing upon notice, the License Officer finds the existence of any of the grounds enumerated in this chapter for the denial of an application for a promoter's license; provided, however, that such suspension or revocation shall be discretionary with the License Officer if the only ground for such revocation is such that it does not affect the licensee's honesty and integrity or ability to properly perform the duties of a promoter.

(`83 Code, § 5.40.220) (Ord. 82-46 § 13 (part), 1982)

Every such promoter's license shall terminate or expire at the end of the year, terminating on June 30, in which such license is issued.

(`83 Code, § 5.40.230) (Ord. 82-46 § 13 (part), 1982)

No promoter shall commingle any contribution with the promoter's own funds or property, or fail at any time to maintain and keep all contributions separate and apart from the promoter's own funds or property.

(`83 Code, § 5.40.240) (Ord. 82-46 § 13 (part), 1982)

(A) It shall be unlawful for any promoter to cause or permit any person, for pecuniary contribution or consideration received or to be received by such person, to solicit or receive on his or her behalf or at his or her instigation, under his or her direction or control or in his or her employment, any contributions, unless such person shall be registered as a solicitor by the city.

(B) Except as provided in §§ 5.40.170 through 5.40.230, inclusive, of this chapter, no person shall, for pecuniary compensation or consideration, solicit contributions for or on behalf of any other person, charitable association, corporation or institution, unless such person is first registered with the License Officer. No person shall be so registered unless the person shall first furnish to the License Officer satisfactory proof of good moral character and that his or her reputation for honesty is good, and on forms prescribed, shall provide a photograph and fingerprints. A fingerprint processing fee of $8.75 shall be paid to the city in addition to the registration fee.

(C) No person shall be so registered unless said person files with the city and thereafter maintains a bond satisfactory to the city and approved by the City Attorney in the sum of $1,000, conditioned for the payment of any direct pecuniary loss which may be sustained by any donor or by any person, corporation, or association on whose behalf any contribution was solicited or received through any act of grand or petty theft committed by such person. The provisions of § 5.40.190(B) through (E) shall apply to bonds filed pursuant to this division.

(D) The License Officer shall collect a fee as may be established by resolution of the City Council for each such registration.

(E) The registrant must notify the License Officer in writing of any change of address, and if the registrant be employed by more than one person, association, corporation or institution, the person must inform the License Officer in writing of such fact and of any subsequent termination or change of employment.

(F) The License Officer must suspend or revoke any such registration if, after hearing upon notice, the License Officer finds the existence of any of the grounds enumerated in this chapter for the denial of such registration.

(G) Each registration required by this section shall terminate at 12:00 midnight, June 30 of each year. Thereafter, such registrant shall be reregistered by the License Officer upon the payment of a fee established by resolution of the City Council, and the posting of a bond in the sum of $1,000. Such bond shall comply with the requirements of division (C) of this section.

(`83 Code, § 5.40.250) (Ord. 82-46 § 13 (part), 1982)

III. PROHIBITED ACTS

No person shall perform any of the following acts while engaged in a charitable or a religious solicitation:

(A) No person shall solicit without a valid certificate of registration or authorization by the holder of valid certificate of registration.

(B) No person shall solicit without at all times wearing a badge as required by the provisions of this chapter.

(C) No person shall solicit at any dwelling, including but not limited to any house, apartment or condominium where there is a sign indicating “no solicitors,” “do not disturb” or other similar indication that the occupants thereof do not want to be solicited or have their privacy disturbed.

(D) No person shall represent in any manner that the city, its departments or officers have endorsed the certificate of registration holder or its solicitation.

(E) No person shall affix any object or place any object on the body of any person to whom solicitation is directed without their express consent.

(F) No person shall touch, brush up against or otherwise voluntarily come into physical contact with any person to whom solicitation is directed without their express consent.

(G) No person shall deliver any item of merchandise being sold or offered for sale in connection with any charitable or religious solicitation governed by this chapter, until such time as the person to whom solicitation is directed has paid the price asked for the merchandise and correct change has been returned.

(H) No person shall solicit any person who has indicated they do not wish to be solicited.

(I) No person shall represent in any manner that the certificate of registration is conducted for or on behalf of any person other than the certificate of registration holder.

(J) No person shall refuse to truthfully identify the certificate of registration holder on whose behalf the solicitation is being conducted when requested to do so by any person being solicited or fail to truthfully state the uses to which the solicitor's items will be put when requested to do so by any person being solicited.

(K) No person shall threaten any injury or damage to any person who declines to be solicited or make a contribution.

(L) No person shall accept or solicit any food stamps as a contribution.

(M) No person shall misrepresent his or her physical or mental health while soliciting.

(N) No person shall solicit between the hours of 5:00 p.m. and 9:00 a.m., nor at any dwelling including but not limited to any house, apartment or condominium, on Saturdays, Sundays or legal holidays.

(O) No person shall fail to submit any information or report required by this chapter or knowingly make any false statement in any such report.

(P) Children are not to be used to solicit or offer for sale any merchandise, subscriptions, tickets or other device with the representation that proceeds are to be used for a charitable purpose unless accompanied by a responsible adult holding a certificate of registration issued pursuant to this chapter. No solicitation shall be conducted by children between the hours of sunset and 9:00 a.m.

(`83 Code, § 5.40.260) (Ord. 80-13 § 6 (part), 1980; Ord. 82-46 § 15, 1982)

IV. VIOLATION—PENALTY

Any person violating any of the provisions of this chapter, or filing, or causing to be filed, an application for a certificate of registration under this chapter containing false or fraudulent misstatements, or knowingly or intentionally misrepresenting to any authorized officer of this city any material fact in procuring, using, retaining, or attempting to retain the certificate of registration provided for in this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine or by imprisonment, or by both such fine and imprisonment as provided in § 1.16.010.

(`83 Code, § 5.40.270) (Ord. 80-13 § 1 (part), 1980)

(A) Any person violating any provision of § 5.40.260 shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of § 5.40.260 shall be punished by a fine of not more than $500, or by imprisonment in the city jail or county jail for a period not exceeding six months or by both such fine and imprisonment.

(B) Each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of § 5.40.260 is committed.

(`83 Code, § 5.40.280) (Ord. 80-13 § 6 (part), 1980)

In addition to the penalties provided in § 5.40.280, any violation of § 5.40.260 by any person soliciting on behalf of any certificate of registration holder shall be grounds under § 5.40.110 for the suspension and revocation of the holder's certificate of registration.

(`83 Code, § 5.40.290) (Ord. 80-13 § 6 (part), 1980)

In addition to the penalties provided in this article, any violation of § 5.40.260 shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such violation continues shall be regarded as a new and separate offense.

(`83 Code, § 5.40.300) (Ord. 80-13 § 6 (part), 1980)