Oceanside Municipal Code Art. IV Charitable Solicitations

The Oceanside City Council declares that the purpose of this article is to safeguard the public against fraud, deceit and imposition, and to foster and encourage fair solicitations or sales solicitations for charitable purposes, wherein the person being solicited will know what portion of the money will actually be utilized for charitable purposes.

(Ord. No. 98-17, § 1, 4-22-98)

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

Charity shall include any non-profit community organization, fraternal, benevolent, educational, religious, philanthropic or, service organization, any person who solicits or obtains contributions solicited from the public for charitable purposes, and any person who holds any assets for charitable purposes.

A solicitation for charitable or religious purposes, or a sale, offer or attempt to sell for charitable or religious purposes, shall include the making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever such solicitation.

Sale shall include a gift made with the hope or expectation of monetary compensation.

Solicitation for charitable or religious purposes means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which:

(1) Any appeal is made for charitable or religious purposes; or

(2) The name of any charity, philanthropic, charitable or religious organization is used or referred to in any such appeal as an inducement for making any such gift; or

(3) Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable or religious purpose or organization.

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:

(1) Any appeal is made for charitable or religious purposes; or

(2) 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

(3) 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. No. 98-17, § 1, 4-22-98)

A solicitation is completed whether or not the person making or receiving the solicitation receives or makes any contribution or makes any sale or purchase referred to in this article.

(Ord. No. 98-17, § 1, 4-22-98)

(a) Prior to any solicitation or sales solicitation for charitable or religious purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled "solicitation or sale for charitable or religious purposes card." This card shall be signed and dated under penalty of perjury by an individual who is a principal staff member, or officer of the solicitation soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting. In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provide, such material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that such information as required below is contained in the printed material.

Information on the card or printed material shall be presented and shall include the following:

(1) 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;

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

(3) The amount, stated as a percentage of the total gift or purchase price, that will be used for direct fund raising expenses. If paid fund raisers 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;

(4) 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;

(5) 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 card shall state that, "This contribution is not tax deductible."

(b) Knowing and willful noncompliance by any individual solicitor, seller or volunteer who receives no compensation of any type from, or in connection with, a solicitation by any charitable or religious organization shall subject that individual the solicitor or seller to the penalties of this article.

(c) When the solicitation is not a sales solicitation, any individual volunteer who receives no compensation of any type from, or in connection with, a solicitation by any charitable or religious organization, may comply with the disclosure provisions by providing the name and address of the charitable or religious organization on behalf of which all or any part of the money collected will be utilized for charitable or religious purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of such organization, including its administration and fund raising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited within seven days after receipt of the request. If the volunteer is ten (10) years of age or younger, he is not required to make any disclosure.

(Ord. No. 98-17, § 1, 4-22-98)

Any person or organization engaging in any regulated activity set forth in sections 30.21 and 30.23 shall register with the business license division. Registration shall be done on a form prescribed by the business license division and shall be deemed completed once the following information is provided:

(1) The full name, mailing address and telephone number of the person or organization sponsoring, promoting, or conducting the proposed solicitation;

(2) The full name, mailing address and telephone number of the individual person or persons who will have supervision of and responsibility for the proposed solicitations;

(3) The subject matter of the proposed solicitation, and the purpose thereof;

(4) The description of the proposed solicitation indicating the type of communication to be involved; and

(5) The dates and hours when the solicitations are proposed to begin, and the expected duration of the proposed solicitation.

(Ord. No. 98-17, § 1, 4-22-98)

The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.

(Ord. No. 98-17, § 1, 4-22-98)

The provisions of this article shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable or religious organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.4 of the Penal Code.

(Ord. No. 98-17, § 1, 4-22-98)

Any person who violates any of the provisions of this article as provided herein shall upon conviction be deemed guilty of a public offense as referenced under this Code and may be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 98-17, § 1, 4-22-98)

If any provision or clause, paragraph or word of this chapter or application thereof is held invalid, such invalidity shall not offset other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. No. 98-17, § 1, 4-22-98)