Chapter 5.34 — CHARITABLE SOLICITATIONS

This chapter shall be known as "the charitable solicitation ordinance of the city of Pasadena."

(Ord. 4372 § 20, 1955)

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

A.

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

B.

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

C.

"Manager" means the city manager of the city of Pasadena.

D.

"Person" means any individual, firm, copartnership, 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.

E.

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

F.

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

G.

"Solicit" and "solicitation" mean the request directly or indirectly of money, pledges, property, financial assistance, or other thing of value on the plea or representation that the item 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 said items on the plea or representation that they will be used for a charitable or religious purpose as herein defined:

Any written or oral request, by telephone or otherwise;

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

The making of any announcement through the press, by radio, telephone, television 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;

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.

(Ord. 4372 § 1, 1955)

A.

No person under the age of 18 years old shall engage in any act of door-to-door solicitation or any other act of solicitation which is to be conducted on public streets, parkways or sidewalks between sunset and sunrise of the following day.

B.

No person under the age of 15 years shall engage in any act of solicitation or selling, irrespective of the purpose of the act or the use of the proceeds derived therefrom, in business, commercial, office or manufacturing areas, unless said person is accompanied by an adult person who, at all times, is located within 40 feet of said person; provided, however, that nothing herein is intended, may be construed, or shall be deemed to be in conflict with the general law of the state of California.

C.

No person shall aid, assist or abet any person under the age of 18 years old in the commission of a violation of subsection A of Section 5.34.025.

(Ord. 5575 §§ 1, 2, 1982; Ord. 5543 § 1, 1981)

No person shall solicit contributions for any charitable purpose without a permit from the city manager authorizing such solicitation. Provided, however:

A.

The provisions of this section shall not apply to any established person if the solicitations are conducted among the members thereof;

B.

No permit shall be required for the solicitation, contributions or the promotion of any bazaar, sale, or exhibition or other act of appeal to the public by any religious or charitable organization which has been in existence in, and which has regularly maintained headquarters or a place of worship in the city for a period of at least 5 years next preceding the date on which the activity shall be begun;

C.

No permit shall be required for solicitations made solely for evangelical, missionary or religious purposes; provided, however, that in any case where the purpose of such solicitation is either in whole or in part charitable, then the city manager shall require a permit;

D.

No permit shall be required where the activity is required to be licensed under Chapters 5.04 through 5.16, "the license ordinance of the city of Pasadena";

E.

Nothing in this chapter shall be construed as applying to newspapers, radio stations and television stations located in the city in the normal conduct of their business.

(Ord. 4372 § 2, 1955)

A.

An application for a permit to solicit as provided by Section 5.34.030 shall be made to the city manager upon forms provided by the city. The application shall be sworn to and filed with the manager at least 15 days prior to the time at which the permit applied for shall become effective; provided, however, that the manager may for good cause shown allow the filing of an application less than 15 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 or the requirements met:

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

If applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution or other authorization for such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant's records;

The purpose for which the 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;

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

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

The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all agents, solicitors or promoters connected or to be connected with the proposed solicitation:

a.

Each agent, solicitor or promoter shall be photographed and fingerprinted by the police department,.

b.

A signature of each agent, solicitor or promoter shall accompany the application;

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

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

The estimated cost of the solicitation;

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

A financial statement for the last preceding fiscal year of any funds collected for charitable or 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;

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

A statement of the actual cost of the solicitation;

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;

Such other information as may reasonably be required by the manager in order for him to determine the kind and character of the proposed solicitation and whether the solicitation is in the interest of, and not inimical to, the public welfare.

B.

If, while any application is pending, or during the term of any permit 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 manager in writing thereof within 24 hours after such change.

(Ord. 4372 § 3, 1955)

The manager shall examine all applications filed under Section 5.34.040 and shall make, or cause to be made, such further investigation of the application and the applicant as the manager shall deem necessary in order for him to perform his duties under this chapter. Upon request by the manager, the applicant shall make available for inspection by the manager, or any person designated in writing by the manager as his 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.

(Ord. 4372 § 4, 1955)

A.

The manager shall issue the permit provided for in Section 5.34.030 whenever he finds the following facts to exist:

All of the statements made in the application are true;

The applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual, that the managing officers or agents of the applicant have good character or reputation for honesty and integrity;

The control and supervision of the solicitation will be under responsible and reliable persons;

The applicant has not engaged in any fraudulent transaction or enterprise;

The solicitation will not be a fraud on the public;

The solicitation is promoted solely by a desire to finance the charitable cause described in the application and will not be conducted primarily for private profit;

The cost of raising the funds will be reasonable. Any such cost in excess of 20 percent of the amount collected shall be considered prima facie to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than 20 percent reasonable in the particular case;

As a condition to granting such permit the city manager may require the applicant to file a bond of not less than $1,000.00 issued by a surety company authorized to do business in the state of California, in a form approved by the city attorney, conditioned that if the principal thereof, the applicant, shall fail to devote, pay or use the entire net proceeds derived from the activity mentioned in the application, to the person for or on whose account or benefit such activity was conducted or carried on, then the surety will pay the same to such person to the amount of such bond; and provided further that the city manager may require that all tickets sold, transferred or given away in connection with such activity shall be serially numbered and that the applicant shall keep a complete record of all such tickets sold and a record of the name of the party to whom each ticket was sold, transferred or given away;

Any other pertinent data deemed necessary by the manager.

B.

The manager shall file in his office for public inspection and shall serve upon the applicant a written statement of his findings of fact and his decision upon each application.

(Ord. 4372 § 5, 1955)

Permits issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the city. All permits must be signed by the manager. No permit may grant the right to solicit longer than 90 days from its date, but the manager may extend any permit for not more than 90 additional days upon a showing that unnecessary hardship would be created by a failure to extend the original 90-day period for the additional days.

(Ord. 4372 § 6, 1955)

Any permit issued under this chapter shall be nontransferable and shall be returned to the manager within 5 days of its date of expiration, together with all facsimile copies thereof.

(Ord. 4372 § 7, 1955)

A.

All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents, solicitors and promoters for such solicitation. Such credentials shall include the name of the permit holder, the date, a statement describing the holder's charitable activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder's chief executive officer, and the name, address, age, sex, photograph, fingerprint and signature of the agent, solicitor or promoter to whom such credential is issued and the specific period of time during which the agent, solicitor or promoter is authorized to solicit on behalf of the permit holder. In addition each agent, solicitor or promoter shall be photographed and fingerprinted at the police station. A copy of such credentials must be filed with the manager. The manager reserves the right to refuse the issuance of a credential to any person. No person shall solicit under any permit granted pursuant to this chapter without the credentials required by this section and a facsimile copy of the permit in his possession. The credentials and the facsimile copy of the permit must be shown, upon request, to all persons solicited and to any police officer of the city; provided that in those cases where such issuance of credentials would be impractical in the judgment of the manager, then the manager may limit or waive entirely the requirements of this section.

B.

No agent, solicitor or promoter shall solicit contributions for any charitable purpose for any person in the city unless such person has been granted a permit under the provisions of this chapter.

(Ord. 4372 § 8, 1955)

A.

No person shall solicit any contributions by printed matter or published article, or over the radio, television, telephone or telegraph, unless the publicity shall contain the data and information required to be set forth on the information card; provided, that when any solicitation is made by telephone, the solicitor or his agent shall present upon request to each person who consents, or indicates a willingness to contribute, prior to accepting a contribution from said person, such credential or a true written copy thereof.

B.

No person shall for pecuniary compensation or consideration conduct or make any solicitation by telephone for or on behalf of any actual or purported charitable use, purpose, association, corporation or institution, without disclosing his true relationship therewith.

(Ord. 4372 § 9, 1955)

Any person receiving money or anything having a value of $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 written approval of the manager, where it is impractical to determine the amount of each contribution.

(Ord. 4372 § 10, 1955)

A.

If any person is aggrieved by any ruling of the manager of the city upon any application filed pursuant to the provisions of this chapter, such aggrieved party may file with the city clerk of Pasadena within 5 days a statement, addressed to the board of directors of the city, setting forth the full content of the application filed with the manager, the action taken thereon by the manager and the reasons why it is believed the manager acted improperly or failed to act properly.

B.

The board of directors of the city at a regular meeting held not more than 21 days from the date on which such appeal was filed with the city clerk, shall hear the applicant and his witnesses and the manager and shall determine the issue; and the ruling of the board of directors thereon shall be final.

(Ord. 4372 § 11, 1955)

Whenever it shall be shown, or whenever the manager 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 that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the manager shall immediately suspend the permit and give the permit holder written notice by registered, special delivery mail of a hearing to be held within 5 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 manager has acted in suspending the permit. At the hearing the permit holder, and any other interested person, shall have the right to present evidence as to the facts upon which the manager based the suspension of the permit, and any other facts which may aid the manager in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the manager finds that the ordinance codified herein has been violated, or the purpose of the solicitation has been misrepresented, he shall within 2 days after the hearing file in his office for public inspection, and serve upon the permit holder, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit. If, after such hearing the manager finds that the ordinance codified herein has not been violated and the purpose of the solicitation has not been misrepresented, he shall within 2 days after the hearing give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

(Ord. 4372 § 12, 1955)

The chief of police shall be notified forthwith by the manager of the suspension or revocation of any permit issued under this chapter.

(Ord. 4372 § 13, 1955)

No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all donations to it and all disbursements are entered upon the books or records of such person's treasurer or other financial officer.

(Ord. 4372 § 14, 1955)

It shall be the duty of all persons issued permits under this chapter to furnish to the manager within 30 days after the solicitation has been completed, a detailed sworn 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. This report shall be available for public inspection at the manager's office at any reasonable time. The permit holder shall make available to the manager, or to any person designated in writing by the manager as his representative for such purpose, all books, records and papers whereby the accuracy of the report required by this section may be checked.

(Ord. 4372 § 15, 1955)

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his 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.

(Ord. 4372 § 16, 1955)

Any person, firm or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than 6 months or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this chapter.

(Ord. 4372 § 17, 1955)