Seal Beach Municipal Code Ch. 5.30 Charitable Solicitation

For the purpose of this chapter, the following words and phrases shall mean:

Captive Audience:

a person who is sitting in an outdoor dining area, standing in line, waiting at a bus stop or is similarly stationary for a specific purpose that does not allow evasion of a charitable solicitation.

Charitable Solicitation:

a request for donation of money, food or property on the representation that all or a portion of the donation will be used for charitable purposes. A charitable solicitation shall be deemed complete when made regardless of whether a donation is received by the requestor.

Director:

director of administrative services.

Permittee:

a person who has been issued a charitable solicitation permit pursuant to this chapter.

Solicitor:

a person utilized by a permittee to conduct a charitable solicitation by means of in-person contact with prospective donors.

(Ord. 1515)

No person shall conduct a charitable solicitation without first obtaining, and maintaining in full force and effect, a charitable solicitation permit. When a charitable solicitation permit has been issued, solicitors utilized by the permittee need not obtain their own charitable solicitation permit.

(Ord. 1515)

The provisions of this chapter shall not apply to charitable solicitations conducted as follows:

A. Upon premises owned or occupied by the person or organization making the charitable solicitation.

B. For the relief of one or more specific individuals, provided that such beneficiaries are identified by name and the entire donation is tendered to them.

C. Of persons who are members of the organization making the charitable solicitation.

D. By mail.

(Ord. 1515)

A charitable solicitation permit application shall be submitted to the director. The application consists of the application fee and the following:

A. A city-provided application form containing: (1) the applicant's name, mailing address and phone number; (2) the name, mailing address and phone number of each solicitor who will be utilized in connection with the proposed charitable solicitation; (3) a description of the location, time and method of the proposed charitable solicitation; and (4) a list of charitable solicitation-related permits that the applicant currently holds or has had suspended or revoked by another governmental entity.

B. Two passport-size color photographs that clearly show the applicant's face.

C. Two passport-size color photographs of each solicitor, clearly showing the face of such person, who will be utilized in connection with the proposed solicitation.

D. The applicant's fingerprints on a police department-provided form. If the applicant is a corporate entity, the official supervising the proposed charitable solicitation shall provide the fingerprints.

E. A statement signed by the applicant certifying under penalty of perjury that the information submitted in connection with the application is true and correct. If the applicant is a corporate entity, the official supervising the proposed charitable solicitation shall sign the statement.

(Ord. 1515)

A. Director's Decision. The director shall, within 10 city business days of the filing of an application, approve and issue the charitable solicitation permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.

B. Grounds for Denial. The director may deny an application for a charitable solicitation permit upon any of the following grounds:

1. Failure to complete the application.

2. Knowing submission of a misleading or fraudulent statement of material fact.

3. Failure to file a post-solicitation report for a previous charitable solicitation conducted within one year prior to the date of the application.

4. The applicant, or a person affiliated with the applicant's partnership or corporation, has had a charitable solicitation permit revoked by the city within one year prior to the date of the application.

C. Permit Term. Each charitable solicitation permit shall expire 60 days from the date of issuance unless earlier revoked.

(Ord. 1515)

The director may revoke a charitable solicitation permit if the authorized charitable solicitation is being conducted in violation of this chapter. Revocation shall not be effective until written notice of the reasons therefor has been given to the permittee and until a hearing has been conducted if timely requested by the permittee.

(Ord. 1515)

No charitable solicitation permit shall be transferable. Any attempt to transfer a charitable solicitation permit shall automatically render the permit void as of the date of such attempted transfer.

(Ord. 1515)

Each solicitor shall conspicuously display a city-provided identification card while conducting a charitable solicitation. Identification cards shall be issued free of charge and shall contain the following information:

1. The name and address of the permittee on whose behalf the solicitor is making the charitable solicitation.

2. The number, date of issuance and expiration date of the charitable solicitation permit authorizing the charitable solicitation.

3. A statement indicating that the city does not endorse the charitable solicitation.

(Ord. 1515)

Within 30 days of the expiration of a charitable solicitation permit, the permittee shall submit to the director a post-solicitation report. The report shall indicate the amount of funds raised through the charitable solicitation, the amount expended conducting the charitable solicitation (including any compensation paid to solicitors) and the disposition of the funds. The report shall contain a statement signed by the permittee certifying under penalty of perjury that the information set forth therein is true and correct. If the permittee is a corporate entity, the official supervising the charitable solicitation shall sign the statement.

(Ord. 1515)

Each permittee and solicitor shall conduct a charitable solicitation in accordance with the operation standards set forth below. Noncompliance with such standards shall constitute grounds for criminal citation and for revocation of a charitable solicitation permit.

A. No solicitor shall affix an object to a prospective donor without such person's consent.

B. No solicitor shall conduct a charitable solicitation of a prospective donor after such person has refused to make a donation.

C. No solicitor shall disrupt the operation of a lawful business.

D. No solicitor shall obstruct the free movement of a prospective donor.

E. No solicitor shall place a table, chair, signboard or similar object upon any city street or sidewalk.

F. No solicitor shall conduct a charitable solicitation of a captive audience.

G. No solicitor shall conduct a charitable solicitation upon residential premises that contain a conspicuously posted sign stating "no solicitation" or "do not disturb."

H. A solicitor shall provide a written receipt to each donor who tenders a contribution worth $5 or more.

I. No solicitor shall make a misleading or fraudulent statement of material fact in connection with a charitable solicitation.

(Ord. 1515)

Decisions of the director to issue, deny issuance or revoke a charitable solicitation permit shall be subject to the administrative review procedure of Chapter 1.20 of this code. The city manager shall be the hearing officer for purposes of such procedure and may not delegate such responsibility. The city manager's administrative review decision shall be final and shall not be subject to council review pursuant to Chapter 1.20 of this code.

(Ord. 1515)