Montebello Municipal Code Ch. 5.20 Charitable Solicitations

No person, without having first obtained a permit therefor, as provided in this chapter, shall make any appeal to the public for a charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations, or subscriptions, or by promoting or conducting any sale, bazaar or exhibition by any other means, at any place or to any person within the city.

(Prior code § 6411)

No person, without first having obtained a permit therefor, as provided in this chapter, shall sell or solicit, for or on behalf of any person, the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by any person at a fixed place of business in the city, or solicit any contribution or gift in connection with such amusement, show, entertainment, lecture or other enterprise, where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale, or for or on whose behalf such solicitation or sale is made and where, in connection with any such amusement, show, entertainment, lecture or other enterprise, it is represented advertised, held out, implied, or made to appear that such sale, solicitation, contribution or gift, or any part of the proceeds therefrom, shall belong to or be devoted or used for the benefit of any person, firm, association or corporation.

(Prior code § 6411.1)

Any person desiring a permit to do any of the acts referred to in Sections 5.20.010 and 5.20.020, shall file a written application therefor with the license collector of the city containing the following information:

A. Name and address of applicant (if applicant is a corporation, partnership or association, the names and addresses of all officers, partners and/or principals);

B. Location of national, state and local headquarters, if any;

C. The names and addresses of all persons directly interested in or who in any manner will be engaged in the activity;

D. The purpose for which the proceeds of the solicitations, sales, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used, including the manner and amount of any compensation intended to be paid to any person, firm, association or corporation, out of such gross proceeds;

E. The total amount sought to be raised, and the bank or place where all or any part of such funds will be placed on deposit or invested;

F. The type of records proposed to be kept of funds received, and the location of such records and the custodian thereof;

G. The type of identification to be carried or uniform to be worn by persons engaged in the activity;

H. Such other information relating to the applicant and the parties directly interested or engaged in the activity, as may be necessary to enable a full and complete investigation to be conducted including, but not limited to, suitable photographs and fingerprints.

(Prior code § 6411.2)

The license collector of the city, upon receipt of an application for a permit under this chapter, shall refer the same to the police department for investigation. After the investigation has been conducted, the chief of police or his authorized deputy shall transmit to the license collector, for referral to the city manager, the report of the investigation.

(Prior code § 6411.3)

A. The city manager shall consider each application and the investigation report related thereto, together with such other information as he may deem relevant to determine whether such permit should be issued. If he finds from his examination that the applicant has not stated true facts in the application, or if it reasonably appears to him that the issuance of the permit would, in all probability, permit the perpetration of a fraud upon members of the general public, he shall refuse to issue such permit. He shall give written notice of such refusal to the applicant, and to any other person requesting such notice, by United States mail, postage prepaid, addressed to the person to be notified at his last known address.

B. If he finds that the application is truthful, that the applicant is acting in good faith, and that in all probability a fraud will not be perpetrated upon members of the general public, he shall issue such permit for a reasonable period of time not in excess of three calendar months. Any permit so issued may be conditioned by the city manager in such manner as to insure compliance with the provisions of this chapter.

(Prior code § 6411.4)

The city manager shall have the power to suspend any permit if he finds that the permittee is not operating in conformity with the application pursuant to which the permit was issued, or if he finds that further activity of the permittee would, in all probability, cause or allow a fraud to be perpetrated upon the public or members thereof. Notice of such suspension shall be given to permittee, in writing, addressed to the permittee at his last known address, postage prepaid, and deposited in the United States mail. The permit in such a case shall be suspended and no further activity otherwise permitted thereunder shall be permitted, effective three days after date of mailing the letter. In such case, permittee shall have the right of appeal to the city council in the manner hereinafter described.

(Prior code § 6411.6)

A. Any person aggrieved by any decision, determination or action taken by the city manager in connection with a permit, shall have the right of immediate appeal to the city council. Such an appeal shall be in writing, and shall be filed with the city clerk within thirty days of the date of mailing notice of the action appealed from. Upon receipt of an appeal, the city clerk shall notify the city manager, and shall set the matter on the city council agenda for its next regularly scheduled meeting. The city clerk shall give the party appealing, and any other person requesting the same at least five days' written notice, in the manner described in Section 5.20.060, of the time and place of such hearing.

B. The applicant or appellant shall have the burden of proof to show that the suspension or other decision was not justified, was unreasonable, or was otherwise incorrect. At the time of the hearing, the applicant shall have the right to present any relevant written or oral evidence. The council shall consider such evidence, together with appropriate staff reports and other information deemed by it to be relevant, and shall determine whether the decision appealed from was justified.

C. The hearing before the council in such cases shall not be a formal public hearing.

D. The council's decision shall be final and conclusive.

(Prior code § 6411.7)

No permit shall be required for any of the acts or activities described in Sections 5.20.010 and 5.20.020 by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained a headquarters or a place of worship in the city for a period of at least five years next preceding the date on which such activity is proposed to be commenced; provided, that the city manager has issued a permit authorizing the acts or activities described in Section 5.20.010 and 5.20.020 by such organization. Permits issued to organizations as described in this section shall be valid until revoked.

(Prior code § 6411.5)

No permit shall be required for any solicitation carried on, exclusively, by the United States mail, or by telephone.

(Prior code § 6411.8)