San Joaquin Municipal Code Ch. 112 Charitable Solicitations

For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

CHARITABLE. The words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

CONTRIBUTIONS. The words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.

SOLICIT. The request, made directly or indirectly, for money, credit, property, financial assistance or other things of value on the pica or representation that the money, credit, property, financial assistance or other thing of value will be used for a charitable purpose as those purposes are defined in this chapter. These words shall 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 purpose, as herein defined:

(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 in the newspapers, over the radio, by telephone or telegraph, concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, 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 purpose connected therewith;

(4) The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose, or where the name of any charitable person or organization is used or referred to in an appeal as an inducement or reason for making a sale, or when or where in connection with the sale any statement is made that the whole or any part of the proceeds from the sale will go or be donated to any charitable purpose, or when or where the name of any charity, philanthropy or charitable association is used or referred to in an appeal as an inducement or reason for making a sale, or when or where in connection with any sale, any statement is made that the whole or any part of the proceeds from a sale will go or be donated to any charitable purpose or association;

SOLICITATION. Deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.

(1994 Code, § 5.12.010)

No person shall solicit contributions for any charitable purpose within the city without a permit from the City Clerk upon the recommendation of the City Council; provided that, the provisions of this section 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 the established persons are conducted among the members thereof by other members or officers thereof for making the solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services or the established person, or if the solicitations are in the form of memberships for organizations well known and registered with the City Clerk and sought for the purpose of securing additional persons interested in the objectives of the soliciting organization.

(1994 Code, § 5.12.020)

No person shall use the name of any association in charge or control of any charitable activity in any solicitation without having written permission from two of the officers of the association, to use its name or the name of or reference to the charitable activity, which written permission must be for a specific event or a specified period of time. A copy of the permission shall be filed with the City Clerk prior to the use.

(1994 Code, § 5.12.030) Penalty, see § 10.99

An application for a permit to solicit shall be made to the City Council upon forms provided by the city at the office of the City Clerk. The application shall be sworn to and filed with the City Clerk at least 15 days prior to the time the permit applied for shall become effective; provided that, the City Council 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 the information cannot be furnished:

(A) The name and address of the applicant;

(B) The exact purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used, including the manner in which the amount of any compensation, intended to be paid to any person out of the proceeds, shall be paid;

(C) The total amount which is sought to be raised;

(D) The names and addresses of all persons on its board of trustees or its governing body, and also the names and addresses of all persons who will receive compensation in any way for the solicitations:

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

(F) Contemporaneously with the filing of the application, the applicant shall deposit with the City Clerk the sum of $10 as a bond or guaranty for the faithful performance of the provisions of this chapter, the sum to be returned to the applicant upon denial of the application, if it is denied, or, if the application is granted, then to be returned to the applicant upon the order of the City Council when it is satisfied that the applicant has met all requirements of this chapter;

(G) A specific statement supported by reasons for the proposed solicitation, and if available, by figures showing the need for the contribution to be solicited; and

(H) Other information in respect to the character, past activities and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the City Council to make a full and complete investigation.

(1994 Code, § 5.12.040)

Editor's note:

This section is currently undergoing review and revision by the city

There shall be no fee for a permit or investigation charge under this chapter.

(1994 Code, § 5.12.050)

All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for the solicitation. The 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 the holder's Chief Executive Officer, and the name, address and signature of the Solicitor. The credentials shall be filed with the City Clerk at the time the application for a permit is approved. No person shall solicit under any such permit unless the credentials required by this section and a facsimile copy of the permit are in his or her possession. The credentials and the facsimile copy of the permit shall be shown upon request to all persons solicited and to any police officer of the city. The City Council may waive the requirements of this section, or any portion thereof if, in its judgment, the requirements would create a hardship on soliciting organizations using large numbers of volunteer workers.

(1994 Code, § 5.12.060)

Any person receiving money or anything having a value of $1 or more from any contribution under a solicitation made pursuant to a permit granted by the City Council 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 that, this section shall not apply to any contributions collected through the United States mails or by means of a closed box or receptacle used in solicitations with the written approval of the City Council where it is impractical to determine the amount of the contributions.

(1994 Code, § 5.12.070)

Editor's note:

This section is currently undergoing review and revision by the city

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 and records of the person's treasurer or other financial officer.

(1994 Code, § 5.12.080)

It is the duty of all persons to whom a permit is issued to furnish to the City Clerk 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 the funds, including a detailed report of the wages, fees, commissions and expenses paid to any person in connection with the solicitation. The report shall be available for public inspection at the office of the City Clerk at any reasonable time; provided that, the City Council 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 City Council, or to any person designated in writing by the City Council as its representative for the purpose, all books, records and papers whereby the accuracy of the report required by this section may be checked.

(1994 Code, § 5.12.090)

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

(1994 Code, § 5.12.100) Penalty, see § 10.99

The doing of any act prohibited by this chapter or the failure to perform any duty or obligation imposed by this chapter is unlawful.

(1994 Code, § 5.12.110) Penalty, see § 10.99