Rolling Hills Estates Municipal Code Ch. 5.44 Noncommercial Solicitation

"Applicant" means the person applying to the license collector for a solicitation permit on behalf of the permit holder.

"Contribution" means the giving of anything of value, including money, property or any other type of financial assistance, or the pledging of anything of value, including money, property or any other type of financial assistance, or the purchasing or offering to purchase anything of value or not, including, but not limited to, goods, services, books, pamphlets, tickets, or subscriptions to publications, upon the implied or express representation that the proceeds, or a portion thereof, of the gift, pledge or purchase will be used for a noncommercial purpose.

"License collector" means the person exercising that function or any city employee designated by the license collector to perform such functions hereunder.

"Noncommercial purpose" means the purpose of any nonprofit organization which has obtained recognized state or federal tax-exempt status.

"Organization" means any partnership, corporation or association, including any firm, company, society, church, congregation, assembly or league, and shall include any director, officer, trustee, receiver, assignee, agent or other similar representative thereof.

"Permit holder" means the person on whose behalf the solicitation will be conducted.

"Person" means any individual, partnership, corporation or association, including any firm, company, society, organization, church, congregation, assembly or league, and shall include any director, officer, trustee, receiver, assignee, agent or other similar representative thereof.

"Solicit" and "solicitation" mean the request, directly or indirectly, for any contribution, when the request is made from door-to-door of residential dwellings, in any place of public accommodation, in any place of business open to the public, on any public street or sidewalk, or in any public place or building. A solicitation shall be complete when the request is made, whether or not the person making the request receives any contribution.

"Solicitor" means an individual who solicits or who engages in a solicitation as defined in this section.

(Prior code § 790)

The following are exempted from the operation of this chapter:

A. Solicitation by any organization from its members;

B. Solicitation by a person when such solicitation occurs on premises owned or controlled by the solicitor or with the permission of the person who owns or controls the premises;

C. Solicitation which is subject to disclosure under state or federal political disclosure laws;

D. The issuance of any announcement or advertisement that such solicitation as described in subsections A, B or C of this section will occur or which announces or advertises an event at which unannounced solicitations as described in subsections A, B or C of this section occur.

(Prior code § 792)

A. No person shall, within the city, conduct or knowingly allow to be conducted on such person's behalf the solicitation of contributions for any noncommercial purpose, unless the person holds a valid permit issued pursuant to the provisions of this chapter and the solicitation is conducted in accordance with all of the provisions of this chapter.

B. No individual shall, within the city, solicit or engage in the solicitation of contributions for any noncommercial purpose, unless the person on whose behalf the solicitation is being made holds a valid permit issued pursuant to the provisions of this chapter and the solicitation is made in accordance with all of the provisions of this chapter.

C. Nothing set forth in this chapter shall be construed as granting to the license collector or the city council any discretion to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the permit holder.

(Prior code § 791)

Applications for noncommercial solicitation permits shall be made to the license collector upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the license collector. The application shall be accompanied by an application fee, in an amount to be set by resolution of the city council. The application fee will not be refunded if a permit is not issued.

(Prior code § 793 (a))

Such application shall contain the following information and documentation:

A. The full name, mailing address, principal business or residential address and telephone number, date of birth, and physical description of the applicant and the nature of the relationship between the applicant and the permit holder, including whether the applicant is a volunteer, a paid officer or employee, an independent contributor, or an agent of the permit holder;

B. Documentation from the United States Internal Revenue Service or from the California Franchise Tax Board that the permit holder is tax-exempt under federal or state income tax laws;

C. If the permit holder is:

1. An individual, the full name, mailing address, and principal business or residential address and telephone number,

2. A partnership, the full name, mailing address, and principal business or residential address and telephone number of each partner. However, if there are more than ten partners, only the ten principal partners need be listed,

3. A corporation, whether it is organized under the laws of California or is a foreign corporation, and, if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business address and telephone number of the individual in charge of the local office of the corporation and of all officers, directors and trustees of the corporation. However, if there are more than ten officers, directors and trustees, only the ten principals among the officers, directors and trustees of the corporation need be listed,

4. An association, the mailing address and principal business address and telephone number of the association and the full name, mailing address, and principal business or residential address and telephone number of each member of the association. However, if there are more than ten members of the association, only the ten principal members of the association need be listed. If the association is part of a multistate association, the mailing address and business address and telephone number of its central office shall also be given;

D. If the permit holder intends to use a paid solicitor to solicit contributions on behalf of the permit holder, the information required by subsection C of this section shall also be applicable to the paid solicitor;

E. The full name, mailing address, and principal business or residential address and telephone number of each individual who will be in charge of supervising the solicitation;

F. The full name, mailing address, and principal business or residential address and telephone number of each individual who will be in direct charge or control of the contributions solicited and of their disbursement;

G. The exact purpose of the solicitation and the exact geographic area in which the solicitation will be conducted;

H. The total monetary value of contributions projected to be raised by the solicitation, and the estimated percentage of the total monetary value of the projected contributions that will be used for the noncommercial purpose;

I. The total monetary value of contributions raised by solicitation during the preceding year, and the percentage of the total monetary value of the contributions solicited that were used for the noncommercial purpose;

J. A description of the records which will be kept of the contributions received and the revenues and expenses of the permit holder, including administrative and fund raising costs, and whether such records will be open to the public, and if so, the address and telephone number of the place where they may be inspected;

K. The time during the day when the solicitation will be made, and the dates for the commencement and termination of the solicitation;

L. A short outline of the method or methods to be used in conducting the solicitation, including the number of solicitors;

M. A statement that none of the solicitors has been convicted of any of the crimes specified in Section 5.44.140(E);

N. The name of any solicitor and of any officer, director, trustee, partner, or other similar representative, including individuals in a position of management, of the applicant, permit holder and any paid solicitor, who has been convicted in any court of competent jurisdiction of any of the crimes listed in this subsection or of their equivalents from any other jurisdiction, within the past seven years, the nature of the offense, the state or other jurisdiction where the conviction occurred and the year of such conviction. A more detailed description of these crimes is on file and available from the city license collector:

1. Any crime contained in Section 118 through Section 129, inclusive, of the California Penal Code; or

2. Any crime contained in Section 470 through Section 483, inclusive, of the California Penal Code; or

3. Any crime contained in Section 484 through 502.7, inclusive, of the California Penal Code; or

4. Any crime contained in Section 503 through Section 514, inclusive, of the California Penal Code; or

5. Any crime contained in Sections 531, 531(a), 532, 532(a), 532(d), 533 or 535 of the California Penal Code.

O. A statement that the permit holder assumes responsibility that all solicitors comply with all the requirements of Section 5.44.140.

P. A statement that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department, officer or employer thereof;

Q. The address of the applicant and of the permit holder where the license collector can send notices required by this chapter.

(Prior code § 793 (b))

If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the license collector in writing thereof within twenty-four hours after such change.

(Prior code § 793 (c))

A. The license collector shall issue the permit to the applicants within ten days after the date the application is filed, unless he finds that:

1. The applicant has not provided the information required by Sections 5.44.040 through 5.44.060 and has failed to provide an amended application with the missing information after being requested to do so; or

2. The applicant indicates on the application that the proposed solicitation will violate any provision of Section 5.44.140 and has failed to amend the application to indicate compliance with the sections after being requested to do so; or

3. The applicant failed to file the sworn financial statement required under Section 5.44.140(D) after the expiration of the applicant's previous solicitation permit.

B. The license collector shall have the duty to make the requests specified in subsection A of this section and shall do so by serving written notice upon the applicant within the time period for issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested.

C. If the license collector requests an amended application pursuant to this section, he shall not act on the permit application for ten days after the date the request is personally served or deposited in the United States mail. If the applicant fully complies with the request on or before the tenth day, the license collector shall issue the permit within five days after the amended application is filed.

(Prior code § 794 (a)—(c))

If the permit is denied, the license collector shall have the duty to so notify the applicant and shall serve the notice within the time period specified in Section 5.44.070(C) for issuance of the permit. Every such notice of denial shall be in writing, shall state the grounds therefor, and shall be served by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested.

(Prior code § 794 (d))

A. Any permit holder aggrieved by any action of the license collector to request an amended application or to deny a permit may appeal to the city council by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten days after the date the notice of denial is personally served or deposited in the United States mail. The council shall hear the appeal in accordance with the provisions of Section 5.44.160(B).

B. The filing of an appeal with the city council shall not stay the action of the license collector. If the applicant does not file a timely notice of appeal, as required by subsection A of this section, the permit holder shall have waived all rights to administrative or judicial remedy.

(Prior code § 794 (e), (f))

The permit, if issued, shall include the following information:

A. The name of the permit holder;

B. The dates the permit begins and expires;

C. The noncommercial purpose of the solicitation, as stated on the application;

D. The total monetary value of contributions projected to be raised by the solicitation;

E. The percentage of the contributions projected to be raised that will be used for the noncommercial purpose;

F. The percentage of contributions raised by solicitation in the preceding year that were used for the noncommercial purpose;

G. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers, or employees, of the purpose of the solicitation;

H. A permit number; and

I. A space for the individual solicitor to type or print his or her name on a certified copy of the permit.

(Prior code § 795 (a))

The permit shall be valid for the time stated in the permit application, but in no case shall the time exceed a period of six months.

(Prior code § 795 (b))

Certified copies of the permit shall be issued to the applicant in a number equal to the number of solicitors that are listed on the application.

(Prior code § 795 (c))

No permit issued under this chapter shall be transferred or assigned. Any attempt at assignment or transfer shall be void.

(Prior code § 797)

A. Solicitations pursuant to permits under this chapter shall:

1. Take place only between the hours of nine a.m. and eight p.m.;

2. Not be made by any person under the age of sixteen years, unless accompanied by an adult; and

3. Not be made at any house, apartment or other dwelling nor at any business to which is affixed a sign indicating "no solicitors" or similar indication that no solicitation contact is desired by the occupant.

B. The solicitor shall:

1. Show a certified copy of the permit, bearing the name of that individual, to the person from whom a contribution is sought prior to the time of the solicitation. Before beginning to solicit contributions, the solicitor shall print or type his or her name in the blank provided for it;

2. Upon receipt of a contribution valued in excess of five dollars, give the contributor a written receipt signed by the solicitor showing plainly the name of the permit holder and the solicitor, the permit number, the date, the amount received and the amount of the contribution which is tax deductible. This subdivision shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contribution;

3. Not affix any object to the person or property of any contributor or member of the public without first receiving express permission therefor;

4. Not persistently or importunately request any contribution from any person after such person expresses his or her desire not to make a contribution; or

5. Not intentionally or deliberately obstruct the free movement of any person on any street, sidewalk, or other public place or any place open to the public generally.

D. The permit holder shall file with the license collector, within thirty days after the expiration of solicitation permit, a sworn financial statement showing the total monetary value of the contributions raised by the solicitation, and the percentage of the total monetary value of the contributions solicited that were used for the noncommercial purpose.

E. No individual shall solicit any contribution if that person has been convicted in any court of competent jurisdiction of any of the following crimes, as defined in the California Penal Code: murder, mayhem, kidnapping, robbery, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or attempt to commit any of the aforementioned crimes.

(Prior code § 796)

A. Whenever it shall be shown that any permit holder has violated any of the provisions of this chapter, the license collector may suspend the permit by serving written notice on the permit holder not less than two business days prior to the suspension. The notice shall be served by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested, at the address specified in the permit application or any amendment thereto. The notice shall state with specificity the reasons for the suspension and how it can be removed, that the permit will be revoked unless, within ten days after the notice is served, the suspension is either removed or appealed to the city council, and the method of appeal.

B. If the violation concerns the manner of solicitation as set forth in Section 5.44.140, the license collector shall lift the suspension and proposed revocation if the permit holder discharges the offending solicitors. If the violation involves the disclosure of information as set forth in Sections 5.44.040 through 5.44.060, the license collector shall lift the suspension and proposed revocation if the permit holder amends the application.

(Prior code § 798 (a), (b))

A. Any permit holder aggrieved by any action of the license collector to suspend or revoke a permit may appeal to the city council by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten days after the notice of suspension and proposed revocation is personally served or deposited in the United States mail.

B. The appeal shall be heard at the next regularly scheduled council meeting held at least five days after the appeal is filed. At the time of the hearing, the council shall hear all relevant evidence and shall determine the merits of the appeal and it shall render a decision thereon within three business days after the hearing. The decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two days thereafter by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested.

C. The filing of an appeal with the council shall not stay the action of the license collector. If the permit holder does not file a timely appeal, as required by subsection A of this section, the permit holder shall have waived all rights to administrative or judicial remedy.

(Prior code § 798 (c)—(e))