San Fernando Municipal Code Div. 1 Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative services officer means the city administrative officer.

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

Contribution means and includes the word "alms," "food," "clothing," "money," "subscription," "property" or "donation under the guise of a loan of money or property."

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.

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

Religious and religion do not mean or include the word "charitable," as defined in this section, but shall be given their commonly accepted definitions.

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 article. These words 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:

(1) Any oral or written request.

(2) The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication.

(3) The making of any announcement to or through the press or over the radio or television or by telephone or telegraph concerning an appeal, assemblage, athletic or sport 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.

(4) 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.

(5) Rummage sales are specifically excluded from this definition.

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

(Code 1957, § 22B.1; Ord. No. 1546, § 11, 11-17-2003)

Cross reference— Definitions generally, § 1-2.

(a) All persons to whom permits have been issued under this article shall furnish proper credentials to their agents and solicitors 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 and signature of the solicitor to whom such credentials are issued and the specific period of time during which such solicitor is authorized to solicit on behalf of the permit holder. A copy of such credentials must be filed with the administrative services officer at the time the application for a permit is filed and must be approved by him as conforming to the requirements of this section before such permit is issued. No person shall solicit under any permit granted under this article 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.

(b) No agent or solicitor shall solicit contributions for any charitable purpose for any person in the city unless such person has been granted a permit under this article.

(Code 1957, § 22B.9)

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 article 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. However, 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 administrative services officer, where it is impractical to determine the amount of such contributions.

(Code 1957, § 22B.10)

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

(Code 1957, § 22B.11)

It shall be the duty of every person issued a permit under this article to furnish to the administrative services officer, within 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. This report shall be available for public inspection at the office of the administrative services officer at any reasonable time; provided, however, that the administrative services officer may extend the time for the filing of the report required by this section for an additional period of 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 administrative services officer or to any person designated in writing by the administrative services officer as his representative for such purpose all books, records, and papers whereby the accuracy of the report required by this section may be checked.

(Code 1957, § 22B.12)

This article shall not apply to the following:

(1) Solicitations made solely for religious purposes except as contained in section 58-296, section 58-302, or in division 3 of this article. However, if it shall come to the attention of the administrative services officer that any solicitation has been or is being or intended to be made for religious purposes but in such manner as in the opinion of the department is calculated to give or may give the impression to the person solicited in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, the department, if in its opinion the public interest will be served thereby, shall investigate the matter of such solicitation and give publicity to its findings thereon in such manner as it may deem best to advise the public of the facts of the case.

(2) Activities for which a permit is issued under article III of chapter 58 of this Code.

(Code 1957, § 22B.13; Ord. No. 1688, § 7, 9-3-2019)

No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial 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 article.

(Code 1957, § 22B.17)

It shall be unlawful for any person, for the purpose of and while engaging in solicitation activities as such activities are defined in this article, to ring the doorbell or knock on the door of any residence, dwelling, plant, apartment, or establishment whereon or wherein there is a visible sign containing any or all of the following words: "no solicitors" or "no solicitors permitted" or words which otherwise purport to prohibit or indicate objection of the occupant to such solicitation. No such person shall attempt to gain admittance thereto.

(Code 1957, § 22B.18)

(a) Any applicant aggrieved by the action of the administrative services officer in refusing to issue any permit or certificate of registration or identification card pursuant to this article or in summarily revoking any permit or certificate of registration already issued under this article 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 action, a verified written statement in triplicate setting forth fully the grounds of appeal and accompanied by a filing fee of $10.00, payable to the city; otherwise the action of the administrative services officer shall be final.

(b) The council shall set a time and place for the hearing, and notice of such hearing on appeal or review shall be given at least five days prior to the date of hearing. At such hearing the appellant 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.

(Code 1957, § 22B.20)

Any person violating any of the sections of this article, including the filing of or causing to be filed an application for a permit or certificate under this article containing false or fraudulent misstatements or in perpetrating any other misstatement, deception, or fraud in connection with any solicitation or use of the contributions made, in addition the revocation of the permit or certificate by the administrative services officer, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in section 1-10. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of this article is committed, continued or permitted by such person and shall be punishable therefor as provided in this article.

(Code 1957, § 22B.21)

All notices issued or given pursuant to this article shall be in writing and mailed, postage prepaid, to the person affected or entitled thereto, to the address given or stated in the application for the permit or certificate or identification card. Deposit of such notice in the United States mail shall constitute legal service thereof on the date of such deposit.

(Code 1957, § 22B.22)