Murrieta Municipal Code Ch. 5.25 Charitable Solicitations

For the purposes of this chapter, the following definitions shall apply:

“Charitable solicitation” includes solicitation for philanthropic social services or welfare. “Religious solicitation” as used in this chapter shall not mean and include the word “charitable” as defined in this chapter, but shall be given its commonly accepted definition.

“Sales solicitation for charitable or religious purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine, subscription, membership merchandise, ticket of admission or any other thing or service in connection with which:

A. Any appeal is made for charitable or religious purposes; or

B. The name of the charity, religion, philanthropic or charitable or religious organization is used or referred to in any such appeal as an inducement for making any such sale; or

C. Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable or religious purpose or organization.

(Ord. 302 § 2 (part), 2004)

No person shall solicit contributions for any charitable or religious purpose within the city without a valid, current license authorizing such solicitations.

(Ord. 302 § 2 (part), 2004)

A. An application for a license to solicit as provided by Section 5.20.030 of this chapter shall be made upon forms provided by the city.

B. Such application shall be signed under penalty of perjury of the person managing the solicitation activity and filed at least thirty (30) days prior to the time the solicitation activity is planned to commence; provided, however, that for good cause shown, the license may be assigned an effective date less than thirty (30) days after the application.

C. The application required in this section shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

1. The name and address of the organization applying for the license;

2. If the applicant is not an individual, the names and addresses of the applicant's principal officers;

3. The exact purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used;

4. The names, addresses, dates of birth, social security numbers and driver's license numbers of all persons who will be soliciting or in direct charge of conducting the solicitation;

5. Whether the applicant, its officers, employees or paid fund-raisers have ever been convicted of any crime involving soliciting or use of funds solicited for charitable purposes, or whether the applicant, its officers, employees or paid fund-raisers have ever been enjoined from soliciting or had its application denied or license revoked;

6. An outline or description of all methods to be used in conducting the solicitation;

7. The dates when solicitations shall be made;

8. The tax-exempt number of the applicant organization and a copy of the exemption letter from the federal or state taxing authorities;

9. The bank or other financial institution and the account number where all or any part of the funds raised by such activity will be placed on deposit or invested;

10. The name and address of a person available to accept service of notice and process during business hours on behalf of the license holder;

11. Such other information in respect to the character, past activities and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the business license clerk to make a full and complete investigation;

12. If, while any application is pending, or during the term of any license granted thereof, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the city in writing within twenty-four (24) hours of such change.

(Ord. 302 § 2 (part), 2004)

Information on the license shall be presented and shall include the following:

A. 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 or religious purposes;

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

C. The amount, stated as a percentage of the total gift or purchase price, that will be used for direct fund raising expenses. 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 fund raising expenses. If the solicitation is not a sales solicitation, the card may state, in place of the amount of fund raising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;

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

E. The percentage of the total gift or purchase price which may be deducted as a charitable or religious contribution under both federal or state law. If no portion is so deductible, the license shall state that “This contribution is not tax deductible.”

(Ord. 302 § 2 (part), 2004)

Organizations conducting solicitations pursuant to Section 5.25.020 of this chapter which include the sale of certain types of packaged, processed or prepared foods or of materials such as, but not limited to, used wearing apparel, bedding or other items commonly included in the term “rummage” shall do so in compliance with the applicable regulations of the state and the health department of the county. No charitable solicitation license shall be issued for any such event without approval from the health department of the county.

The applicant for an initial or renewed license and/or identification card as provided in this chapter is exempt from paying a fee for the license.

No license issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

(Ord. 302 § 2 (part), 2004)

Any person violating any provision of this chapter upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.32.010 through 1.32.020 of the Murrieta Municipal Code. Each such act of solicitation shall constitute a separate offense.

(Ord. 302 § 2 (part), 2004)