Chapter 5.18 — CHARITABLE AND RELIGIOUS SOLICITATIONS

regulations—Application of Hearing Officer.

The Commission of Public Charities of the city heretofore created and now existing is continued in full force and effect. Said Commission shall consist of seven members, all of whom shall be appointed by the Council on nomination by the Mayor, and not more than four of whom shall be of the same sex. All of the said Commissioners shall serve without compensation. The term of office of the members of said Commission shall be three years; provided, however, that the seven members heretofore appointed shall continue in office hereunder for the balance of the terms that they are now serving. If any vacancy occurs, the Council, upon nomination by the Mayor, shall fill the same by appointment for the unexpired term. The Commission shall, in January of each year, elect from among its members a president, a vice-president who shall act as president during the temporary absence or disability of the president, and a secretary who shall act as president in the event of the temporary absence or disability of both the president and the vice- president, each of whom shall hold office for one year and until a successor is elected, unless the term of such member of said Commission shall have expired sooner. Said Commission shall hold such meetings at such time and place as it may fix, and may adopt rules and regulations for its guidance. Regardless of the reason, whenever the Commission of Public Charities lacks a quorum of at least four Commission members, the City Manager, or his or her designee, is empowered to serve as the interim hearing officer with the complete and full authority to function in place of the Commission of Public Charities and to perform all duties, tasks, services, and responsibilities of the Commission of Public Charities as established now, or hereafter, by resolution, ordinance, municipal code, charter, or other legislation.

The authority of the City Manager, or his or her designee, to act as interim Hearing Officer shall continue until the City Council takes future and further action to alter or eliminate this authority.

Whenever the City Manager, or his or her designee, acts as the interim Hearing Officer, any decision reached by the interim hearing officer may be appealed to the City Council pursuant to Section 5.18.200.

(Prior code § 3-2.01)

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

"Charitable" means and includes the words triotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.

"Commission" means the Commission of Public Charities.

"Contributions" means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.

"Person" means any individual, firm, co-partnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.

"Promoter" means any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation.

"Religious" and "religion" shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions. Solicit and Solicitation.

"Solicit" and "solicitation" mean the request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable or religious purpose as those purposes are 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 plea or representation that it will be used for a charitable or religious purpose as herein defined:

a.

Any oral or written request;

b.

The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;

c.

The making of any announcement to the press, by radio or television, by telephone or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering, which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;

d.

The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious person 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 or religious purpose.

A "solicitation" as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.

(Prior code §§ 3-2.02—3-2.08)

No person shall solicit contributions for himself or herself in or upon any public street or public place in the city.

(Prior code § 3-2.081)

No person shall solicit contributions for any charitable purpose within the city without a permit from the Commission authorizing such solicitation. Provided, however, that the provisions of this section shall not apply to any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.

(Prior code § 3-2.09)

An application for a permit to solicit as provided by Section 5.18.040 shall be made to the Commission upon forms provided by the Commission. Such application shall be executed under oath by the applicant and, if a promoter is involved in the solicitation, he or she shall likewise execute under oath such application. The application shall be filed with the Commission at least thirty (30) days prior to the time at which the permit applied for shall become effective; provided, however, that the Commission may for good cause shown allow the filing of an application less than thirty (30) days prior to the effective date of the permit applied for. The application herein required shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

A.

The name and address or headquarters of the person applying for the permit;

B.

If 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 to as a true and correct copy of the original by the officer having charge of applicant's records;

C.

The purpose for which such 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;

D.

A specific statement, supported by reasons and, if available, figures showing the need for the contributions to be solicited;

E.

The names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed;

F.

The names and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;

G.

An outline of the method or methods to be used in conducting the solicitations;

H.

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

I.

An itemization of the estimated cost of the solicitation;

J.

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

K.

A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;

L.

A full statement of the character and extent of the charitable work being done by the applicant within the city;

M.

A statement that the cost of the solicitation for direct gifts shall not exceed sixteen (16) percent of the total amount to be raised, or for sale and benefit affairs shall not exceed seventy-five (75) percent of the total amount to be raised; and that in both types of solicitations all wages, fees, commissions, and emoluments to be paid to all salespersons, solicitors, collectors, conductors, and managers will not exceed ten (10) percent of the total amount to be raised;

N.

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 or officer thereof;

O.

A statement that applicant, and if applicant is not an individual, all organization officers, and any promoter, has read and understands the provisions of this chapter.

If, while any application is pending, or during the term of any permit 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 Commission in writing thereof within twenty-four (24) hours after such change.

(Prior code § 3-2.10)

The Commission shall examine all applications filed under Section 5.18.050 and shall make, or cause to be made, such further investigation of the application and the applicant as the Commission shall deem necessary in order for it to perform its duties under this chapter. Upon request by the Commission, the applicant shall make available for inspection by the Commission, or any person designated in writing by the Commission as its representative for such purpose, all of the applicant's books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired.

(Prior code § 3-2.11)

permits.

The Commission shall issue the permit provided for in Section 5.18.040 whenever it shall find the following facts to exist:

A.

That all of the statements made in the application are true;

B.

That the applicant has not engaged in any fraudulent transactions or enterprise;

C.

That the solicitation will not be a fraud on the public;

D.

That the cost of raising the funds will be reasonable. Any such cost in excess of sixteen (16) percent for direct gifts, or seventy-five (75) percent for sale and benefit affairs, or ten percent (10%) for all wages, fees, commissions or emoluments paid or to be paid to all salespersons, solicitors, collectors, conductors, and managers, of the total amount collected shall be considered to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than said sixteen (16) percent or said seventy- five (75) percent, or said ten percent, respectively, reasonable in the particular case;

E.

That none of the following methods of solicitation are to be employed:

Solicitations by telephone by persons employed and paid primarily for that purpose, except of salvable property,

Solicitations from patrons at any theater, or other place of public performance, where admissions are charged for the privilege of attending,

Solicitations by children under fourteen (14) years of age except where both of the following exist:

a.

The children are members of the organization for whose benefit the solicitation is made, and

b.

All funds so solicited, less permissible costs, shall be expended solely for the direct benefit of the children locally,

Delivery by mail or otherwise of any unordered merchandise, except "seals" when permitted,

Solicitation by means of coin or currency boxes or receptacles, except:

a.

When each such box or receptacle shall be serially numbered and the Commission advised of the number and location of each, and

b.

When each such box or receptacle shall be the responsibility of a bona fide member, agent or solicitor of the soliciting organization, and

c.

When such responsible person shall be required to pick up each such box or receptacle at the end of the solicitation period, and

d.

When the use of such boxes and receptacles in the solicitation is expressly authorized by the Commission; and

e.

When such responsible person shall have no more than a reasonable number of such boxes or receptacles for which he or she must account.

(Prior code § 3-2.12)

The Commission shall file in its office for public inspection, and shall serve upon the applicant by mail, its decision upon each application.

(Prior code § 3-2.13)

solicitors for charitable solicitation permit holders—Credential for solicitors.

All persons to whom permits have been issued under this chapter shall furnish to each of their agents and solicitors, as credentials, a facsimile copy of the permit upon which shall appear the name, address, age, sex and signature of the agent or solicitor to whom such credentials are issued and the specific period of time during which said agent or solicitor is authorized to solicit on behalf of the permit holder. A list of all agents or solicitors to whom facsimile copies have been provided shall be maintained by the permittee and shall be available for inspection by the Commission, its authorized agents, and any police officer of the city. Provided, however, as an alternative, facsimile copies of the permit, with the name, address, age, sex and signature of the agent or solicitor shall be furnished by the Commission. No person shall solicit under any permit granted under this chapter without the credentials required by this section in his or her possession. Said credentials must be shown, upon request, to all persons solicited and to any police officer of the city.

(Prior code § 3-2.15)

Any permit issued under this chapter shall be nontransferable and shall be returned to the Commission within seven days of its date of expiration, together with all facsimile copies thereof.

(Prior code § 3-2.17)

Any person receiving money or anything having a value of one dollar ($1.00) or more 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 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 express approval of the Commission, where it is impractical to determine the amount of such contributions.

(Prior code § 3-2.18)

Within five days from the date of the mailing of a notice that his or her application for a permit to solicit under this chapter has been denied, any applicant may file a written request for a public hearing on the application before the Commission, together with written exceptions to the decision of the Commission denying the application. Upon the filing of such a request, the President of the Commission shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within five days after the request is filed. At the hearing the applicant may present evidence in support of his or her application and exceptions. Any interested person may, in the discretion of the Commission, be allowed to participate in the hearing and present evidence in opposition to the applicant and exceptions. Within ten days after the conclusion of the hearing the Commission shall render its decision either granting or denying the application for a permit. Therein the Commission shall state the facts upon which the decision is based, and its ruling upon any exceptions filed to its original decision upon the application. This decision shall be filed in the Commission's office for public inspection and a copy shall be served by registered mail upon the applicant and all parties to the hearing.

(Prior code § 3-2.19)

Whenever it shall be shown, or whenever any member of the Commission has knowledge that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter, or any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the President may immediately suspend the permit and give the permit holder written notice by registered special delivery mail of a hearing to be held within two days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the President has acted in suspending the permit. At the hearing, which shall be held before the Commission, the permit holder, and any other interested person, shall have the right to present evidence as to the facts upon which the President based the suspension of the permit, and any other facts which may aid the Commission in determining whether this chapter has been violated and whether the purpose of the

solicitation has been misrepresented. If, after such hearing, the Commission finds that this chapter has been misrepresented, it shall within two days after the hearing file in its office for public inspection and serve upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which it bases such finding and shall immediately revoke the permit. If, after such hearing the Commission finds that this chapter has not been violated and the purpose of the solicitation has not been misrepresented, it shall within two days after the hearing give to the permit holder, and all interested persons participating in said hearing, a written statement cancelling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

(Prior code § 3-2.20)

The Chief of Police shall be notified forthwith by the President of the suspension or revocation of any permit issued under this chapter.

(Prior code § 3-2.21)

No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all contributions to it and all disbursements are entered upon the books or records of such person's treasurer or other financial officer. For each solicitation a separate folder containing all vouchers supporting said accounting and containing a record of all contributions and disbursements will be maintained and available for inspection for a period of one year from the end of the period of solicitation.

(Prior code § 3-2.22)

It shall be the duty of all persons issued permits under this chapter to furnish to the Commission within thirty (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. Whenever the sale or benefit affair is held in the city or the address or headquarters to the holder of the permit is Oakland, all moneys collected will be reported whether received within or outside of the city. This report shall be available for public inspection at the Commission's office at any reasonable time. Provided, however, that the Commission may extend the time for the filing of the report required by this section for an additional period of thirty (30) days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the Commission, or to any person designated in writing by the Commission as its representative for such purpose, all books, records and papers whereby the accuracy of the report required by this section may be verified. Failure to comply with this section shall be good and sufficient cause to deny the applicant a subsequent permit to solicit for charitable purposes.

(Prior code § 3-2.23)

No person shall solicit contributions for any religious purpose within the city without a certificate from the Commission. Application for a certificate shall be made to the Commission upon forms provided by the Commission. Such application shall be sworn to, or affirmed, and shall contain the following information, or in lieu thereof, a statement of the reason or reasons why such information cannot be furnished:

A.

The name and address or headquarters of the person applying for the permit;

B.

If 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 to as a true and correct copy of the original by the officers having charge of applicant's records;

C.

The purpose of which such 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;

D.

A specific statement, supported by reasons and, if available, figures, showing the need for the contributions to be solicited;

E.

The name and address of the person or persons by whom the receipts of such solicitations shall be disbursed;

F.

The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation; G. An outline of the method or methods to be used in conducting the solicitations;

H.

The time when such solicitations shall be made, giving the dates for the beginning and ending of such solicitation;

I.

The estimated cost of the solicitation;

J.

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

K.

A financial statement for the last preceding fiscal year of any funds collected for religious purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;

L.

A full statement of the character and extent of the religious work being done by the applicant within the city;

M.

A statement to the effect that if a certificate 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;

N.

Such other information as may be submitted to the Commission in order for it to determine the kind and character of the proposed solicitation.

If, while any application is pending or during the term of any certificate 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 Commission in writing thereof within twenty-four (24) hours after such change.

(Prior code § 3-2.24)

Upon receipt of such application, the Commission shall forthwith issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six months after the issuance thereof, and shall be renewed upon the expiration of this period under the filing of a new application as provided for in this section. Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does not constitute an endorsement by the city or by any of its departments or officers, of the purpose or person conducting the solicitation. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors in the same manner and subject to the same conditions as set forth in Section 5.18.090 relating to the furnishing of facsimile copies of permits to solicit for charitable purposes. No person shall solicit for any religious cause without having such credentials in his possession, and such person shall, upon demand, present these credentials to any person solicited or to any police officer of the city. Provided, however, that the provisions of this section shall not apply to any established person organized and operated exclusively for religious purpose and not operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.

(Prior code § 3-2.25)

permit and certificate requirements—Publication of findings.

The Commission is authorized to investigate the affairs of any person soliciting for religious purposes under a certificate issued under Section 5.18.170 and the affairs of any person exempted from the requirement of a permit under Section 5.18.040 or exempted from the requirement of a certificate under Section 5.18.180, and make public its written findings in order that the public may be fully informed as to the affairs of any of said persons. Said persons shall make available to the Commission, or to any representative designated by the Commission in writing for such specific purpose, all books, records, or other information reasonably necessary to enable the Commission to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons. Provided, that five days before the public release of any findings under this section, the Commission must first serve a copy of said findings upon the person investigated and, at the time of the release of its findings, it must release a copy of any written statement said person may file with the Commission in explanation, denial, or confirmation of said findings.

(Prior code § 3-2.26)

Any person whose application for a permit is denied after a hearing as provided in Section 5.18.120, or whose permit is revoked, may appeal to the City Council within fifteen (15) days from the date of the mailing of notice of such denial or revocation. Said Council shall conduct a hearing de novo thereon at a date to be set by said Council, and the City Clerk shall give at least five days notice thereof to the appellant, to the Commission, and to the interested persons. The Council's determination after said hearing shall be final and conclusive.

(Prior code § 3-2.27)

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his or her name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter.

(Prior code § 3-2.28)

The Commission shall make written reports of its activities to the Council annually as of July 1st, and at such other times as shall be requested by the Council.

(Prior code § 3-2.30)