Chapter 5.80 — CHARITABLE SOLICITATIONS

For the purposes of this chapter, the following words are defined and shall be construed as hereafter set forth unless it is apparent from the context that they have a different meaning:

"Charitable" includes the words "philanthropic," "social services," "benevolent," "patriotic," "eleemosynary," "educational," "religious," either actual or purported.

"Charitable corporation" is defined pursuant to Section 12582.1 of the Government Code of the state of California as any nonprofit corporation organized under the laws of this state for charitable or eleemosynary purposes and any similar foreign corporation doing business or holding property in this state for such purposes.

"Commercial fundraiser for charitable purpose" is defined pursuant to California Government Code Section12599(A) as any individual, corporation or other legal entity except a charitable corporation or trustee as defined in this section who for compensation does either of the following:

1. Solicits funds in this state for charitable purposes and who receives and controls the funds or assets solicited for charitable purposes.

2. As a result of a solicitation of funds in this state for charitable purposes, receives and controls the funds or assets solicited for charitable purposes.

"Contribution" includes the words "money," "property," or "donations" under the guise of a loan or money or property.

"Director" means the code compliance director of the city of Palm Desert.

"Person" means any commercial fundraiser for charitable purpose, charitable corporation, or trustee, as further defined herein.

"Solicitation" means and includes the following:

1. Requesting funds in the city for charitable purposes without consideration, offer, or sale of anything in exchange.

2. The sale of, offer or attempt to sell any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose or the name of any charity, philanthropy or charitable association is used or referred 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 or association.

3. A solicitation as defined herein shall be deemed completed when offered, whether or not the person making the same received any contribution or makes any sale referred to in this chapter.

"Trustee" is defined pursuant to Section 12582 of the Government Code of the state of California, which includes any individual, group of individuals, corporation, or other legal entity holding property in trust pursuant to any charitable trust, or which has accepted property to

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.80.010

§ 5.80.030

be used for a particular charitable corporate purpose apart from the general purposes of the corporation.

(Ord. 616 § 2, 1990)

• A. No commercial fundraiser for charitable purpose shall solicit, nor shall any officer, employee, agent or member of any commercial fundraiser for charitable purpose authorize any person to solicit any contribution for any charitable purpose until the commercial fundraiser for charitable purpose submits to the director, in triplicate, copies of the registration form for commercial fundraiser for charitable purposes (Form CF-1) and their annual financial report as registered with the State of California Office of the Attorney General Registry of Charitable Trusts pursuant to Government Code Section 12599 and the director has approved the sufficiency and validity of the same. Upon approval, the director shall issue a certificate to solicit marked "APPROVED" and valid for a one-year term commencing upon the date of such approval.

• B. No charitable corporation nor trustee shall solicit, nor shall any officer, employee, agent or member of any such entity authorize any person to solicit any contribution for any charitable purpose until the charitable corporation or trustee submits to the director, copies of the articles of incorporation or instrument(s) providing for trustee's title, powers or duties pursuant to Government Code Section 12585 and the registration form for charitable corporations and trusts provided by the director and any other documents required by the director to establish the registration of the charitable corporation or trustee with the office of the attorney general. Such documents may include copies of the organization's taxexempt status under I.R.C-501 (c) (3) and California Revenue and Taxation Code Section23701 as well as a copy of the organization's Form 990 tax return required to be made available for public inspection under I.R.C. 6104. Based upon the sufficiency and validity of the documents submitted, the director shall approve the application to solicit and issue a certificate to solicit marked with the word "APPROVED" and valid for the term of one year after such approval.

• C. No charitable corporation, trustee, nor commercial fundraiser for charitable purposes shall be permitted to solicit under this chapter without providing to the city:

  1. A registry listing the names and addresses of employees, members, solicitors, or agents which are authorized to solicit on behalf of the organization. This registry shall be signed by two officers of the organization and shall bear specimen signatures of each solicitor, agent, employee or associate authorized to solicit;

  2. A copy of the registry shall be carried by each solicitor when making solicitations and shall be presented upon the request of the persons solicited, police officers, or city officials representing the director.

• (Ord. 616 § 2, 1990)

The director shall follow the following standards:

• A. To review the registration form for commercial fundraiser for charitable purposes furnished by the applicant pursuant to Section 5.80.020 (A), and upon reviewing the sufficiency and

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City of Palm Desert, CA

PALM DESERT CODE

§ 5.80.030

§ 5.80.040

validity of the same, shall furnish the applicant with a certificate to solicit marked "APPROVED";

• B. To review the Articles of Incorporation, I.R.C. 501 (c) (3) and California Revenue and Taxation Code Section 23701 determinations of tax exemption for any charitable corporation or the governing instruments for any trustee of a charitable trust, and the organization's or trust's Form 990 tax return furnished by the application pursuant to Section 5.80.020 (B) along with the registration form for charitable corporations and trusts, and upon reviewing the sufficiency and validity of the same, shall furnish the applicant with a certificate to solicit marked "APPROVED";

• C. To accept the registry of names and addresses of those persons actually soliciting pursuant to Section 5.80.020 (C) and to the chief of police;

• D. To make inquiries to the office of the Attorney General Registry of Charitable Trusts, the United States Internal Revenue Service, and the State Franchise Tax Board for the purpose of further investigating the applicant, if necessary;

• E. To have access and inspect and make copies of all books, records and papers of the applicant in furtherance of such investigation;

• F. To publish any and all information provided by the registration form for commercial fundraisers for charitable purposes, the registration form for charitable corporations and trusts, the documents pertaining to charitable corporations or trustees, and any additional information obtained during the investigation which shall be of assistance to the public in determining the charitable nature of the purpose for which the solicitation is to be made;

• G. To waive the whole or any part of the provisions of this chapter for the purposes of the meeting any extraordinary emergency or calamity;

• H. To charge the applicant a nominal fee which shall be approved by resolution of the city council for the sole purpose of contributing to the cost of any additional investigation. Any fee imposed shall not be in contravention of the Commerce Clause of the United States Constitution and may be adjusted pursuant to Section 5.04.050 of the code.

• (Ord. 616 § 2, 1990)

The director shall make determination under Section 5.80.020 whether to issue a certificate to solicit within ten days after the application is made. If granted, all solicitors of the applicant shall carry upon their person when soliciting a verified copy of the certificate to solicit which shall be presented upon the request of the person solicited, police officers, or city officials representing the director.

If the application for a certificate to solicit is denied, the director shall promptly give applicant notice thereof and the finding for such rejection. Any applicant aggrieved by action of the director refusing to issue a certificate to solicit, or in revoking any certificate to solicit already issued, pursuant to Section 5.80.050, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice of such denial or revocation, a verified written statement, in triplicate, setting forth fully the grounds of appeal. Otherwise, the action of the director shall be final.

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.80.040

§ 5.80.080

The city council shall set a time and place for the hearing and notice of such hearing on appeal shall be given at least five days prior to the date of hearing. At such hearing, the applicant or licensee and his attorney may present and submit evidence. The decision and order of the city council at or after such hearing shall be final and conclusive. (Ord. 616 § 2, 1990)

Every certificate to solicit issued under this chapter is subject to the right, which is hereby expressly reserved unto the city and consented to by applicant, to be revoked for any of the causes hereinafter mentioned.

Any such certificate to solicit may be summarily revoked by the director or by the city council for any of the following causes:

• (1) Any fraud, misrepresentation or false statement contained in the application documents referred to in Section 5.80.020;

• (2) Any violation of this chapter or any ordinance of the city or any other laws relating to the permitted charitable solicitation;

• (3) Conviction of the licensee of a felony or of a misdemeanor involving moral turpitude;

• (4) Conducting a solicitation permitted under this chapter in any unlawful manner contrary to the health, safety or general welfare of the public;

• (5) If there is any other good and sufficient reason supported by findings made by the director or city council.

• (Ord. 616 § 2, 1990)

No person shall make or perpetuate any misstatement, deception or fraud in connection with any solicitation of any contribution for any charitable purpose. (Ord. 616 § 2, 1990)

No person shall use in soliciting either a fictitious name or any alias without also providing that person's full, true and correct name, as listed in the registry under Section 5.80.020 (C). No person shall impersonate any person permitted to solicit under this section. (Ord. 616 § 2, 1990)

No person shall park or stand any vehicle on State Highway 111 within the city limits for the purpose of soliciting funds for any charitable purpose, or for commercial or political purposes. No person shall likewise solicit occupants of vehicles on any street or roadway within the city limits.

Persons authorized to solicit under this chapter shall be permitted to solicit only between the hours of eight a.m. and nine p.m. during any day of the week.

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City of Palm Desert, CA

PALM DESERT CODE

§ 5.80.080

§ 5.80.090

No person shall solicit in contravention of the public's right to refuse such solicitation pursuant to Sections 5.84.030 and 5.84.040 of the code.

(Ord. 616 § 2, 1990)

Any person who violates any provision of this chapter is guilty of a misdemeanor. (Ord. 616 § 2, 1990)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.82.010

§ 5.82.050