San Fernando Municipal Code Div. 2 Charitable Solicitations Permit

No person shall solicit for any charitable or religious purpose within the city without a permit or certificate from the administrative services officer authorizing such solicitation. However, this shall not apply to any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person.

(Code 1957, § 22B.2)

(a) An application for a permit to solicit as provided by section 58-336 of this division shall be made to the administrative services officer upon forms provided by the city. Such application shall be sworn to and filed with the administrative services officer at least 15 days prior to the time at which the permit applied for shall become effective. However, the administrative services officer 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 required application shall contain the following information or, in lieu thereof, a detailed statement of the reasons why such information cannot be furnished:

(1) The name and address of the person or organization applying for the permit.

(2) Whether the applicant is affiliated with or working for any other organization other than the one for which application for solicitation is being made.

(3) The name and location of the national, state, and local headquarters of the applicant, if any.

(4) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's records.

(5) The purpose for which such 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.

(6) A specific statement, supported by reasons and, if available, figures, showing the need for the contributions to be solicited.

(7) The names and addresses of the persons by whom the receipts of such solicitation shall be disbursed.

(8) The name and address of the person who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation.

(9) An outline of the methods to be used in conducting the solicitations.

(10) The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitation.

(11) The estimated cost of the solicitation.

(12) The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to any person in connection with such solicitations and the names and addresses of all such persons.

(13) The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested.

(14) What record of funds received will be kept and where, and where such records will be open to the public.

(15) Whether the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity.

(16) A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant; such statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof.

(17) A true statement of any agreement made with any agent, solicitor, promoter, manager, or conductor of such solicitation, together with a true copy of each agreement which is in writing.

(18) A full statement of the character and extent of the charitable work being done by the applicant within the city.

(19) A statement that the actual cost of the solicitation will not exceed 25 percent of the total amount raised; provided, however, that an applicant unable to meet the requirements of this subsection may submit, in writing, to the administrative services officer a demonstration that a higher percentage of total receipts devoted to administrative costs is not unreasonable under the circumstances.

(20) 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.

(21) Such other information as the administrative services officer deems will be of assistance to the public in determining the nature and worthiness of the purpose for which the solicitation is made.

(b) Any of the requirements of subsections (a)(4) through (20), inclusive, of this section may be waived by the administrative services officer if the person has, within six months prior to making application to the city, obtained and filed an unrevoked permit from the County or the City of Los Angeles to solicit funds in either or both of their respective jurisdictions.

(c) If, while any application is pending or during the term of any permit granted, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the administrative services officer in writing thereof within 24 hours after such change.

(Code 1957, § 22B.3)

The administrative services officer shall examine all applications filed under section 58-337 of this division and shall make or cause to be made such further investigation of the application and the applicant as the administrative services officer shall deem necessary in order for him to perform his duties under this article. Upon request by the administrative services officer, the applicant shall make available for inspection by the administrative services officer or any person designated in writing by the administrative services officer 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.

(Code 1957, § 22B.4)

The administrative services officer shall issue the permit required under this division within ten days of receipt of the information required in section 58-337.

(Code 1957, § 22B.5)

Before a permit required under this division is issued, there shall be paid to the city $10.00 to partially cover the cost of investigation and enforcement.

(Code 1957, § 22B.6)

A permit issued under this division 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 or by any of its departments, officers or employees of the purpose or of the person conducting the solicitation. All permits must be signed by the administrative services officer. No permit may grant the right to solicit longer than 30 days from its date, but the administrative services officer, with the approval of the city council, may extend any permit for not more than 30 additional days upon a showing that unnecessary hardship would be created by a failure to extend the original 30-day period for such additional days.

(Code 1957, § 22B.7)

Any permit issued under this division shall be nontransferable and, if required by the administrative services officer or city council, shall be returned to the administrative services officer within two days of its date of expiration, together with all facsimile copies thereof.

(Code 1957, § 22B.8)