South El Monte Municipal Code Ch. 5.24 Solicitation

For the purposes of this chapter, the following terms shall have the meaning given in this section:

"Charitable"

means and includes the words patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported.

"Contributions"

means and includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property.

"Finance director"

means that person whose duties and responsibilities are described in Chapter 2.40 of this Code or any other city officer charged with the administration of this chapter.

"Person"

means any individual, firm, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent or other similar representative thereof.

"Solicit" and "solicitation"

mean the request, directly or indirectly, of money, credit, property, financial assistance, patronage or other things of value, hawking, peddling, or vending for charitable (as defined in this section) or commercial purposes or otherwise, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks or in any public places. These words also mean and include the following methods of securing such money, patronage, credit, property, financial assistance or other thing of value, when conducted in the following manner:

Any oral or written request;

The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication, unless such handbill or written advertisement has been placed within a business open to the public generally with the express permission of the owner or lessee of such business;

The sale of or taking orders for any goods, services, merchandise, wares or other tangible items.

(Prior code §7-6-1; Ord. 703 §2, 1984)

No person shall solicit commercially, for any charitable purpose or otherwise within the city without having obtained a permit from the finance director authorizing such solicitation; provided, however, that when a permit has been issued to any person defined in Section 5.24.010, the individual agents and solicitors for such person shall not be required to obtain individual permits.

(Prior code §7-6-2; Ord. 703 §2, 1984)

The provisions of this chapter shall not apply to solicitations made upon premises owned or occupied by any organization on whose behalf such solicitation is made; nor to solicitation for the relief of specific individuals specified by name at the time of the solicitation, where the solicitor represents in each case that the entire amount collected, without any deduction whatever, will be turned over to the named beneficiary, nor shall it be applicable to any corporation or unincorporated association soliciting contributions solely from persons who are members thereof at the time of such solicitation.

(Prior code §7-6-3; Ord. 703 §2, 1984)

A. An application for a permit to solicit shall be made to the finance director upon forms prescribed by the finance director. The application shall be sworn to or affirmed and filed with the finance director at least ten calendar days prior to the time at which the permit to conduct a charitable solicitation shall become effective, or at least fifteen calendar days prior to the time at which the permit to conduct a commercial solicitation shall become effective; provided, however, that the finance director may for good cause shown allow the filing of an application within these required periods prior to the effective date of the permit applied for. The finance director shall either grant or deny the requested permit to conduct a commercial solicitation within fifteen days of the date the application is made and shall either grant or deny the requested permit to conduct a charitable solicitation within ten calendar days of the date the application is made. In the event the finance director fails to act upon a permit to conduct charitable solicitation within the time prescribed in this section, the permit shall be deemed granted.

B. The application required by this section shall contain the following information:

1. The name, home address, home telephone number, business address and business telephone number of the person applying for the permit;

2. If the applicant is not an individual, the applicant's correct legal name, taxpayer identification number (if applicable), address of its principal office, and the names and addresses, social security numbers and telephone numbers of the applicant's principal officers and executives;

3. The purpose for which the solicitation is to be made, the total amount of any funds to be raised thereby, and the use or disposition to be made of any of the receipts therefrom;

4. The name, address, telephone number and social security number of the person or persons who will be in direct charge of the solicitation, and the names of all fund raisers or solicitors connected with or to be connected with the proposed solicitation;

5. An outline of the method or methods to be used in conducting the solicitations;

6. The time when such solicitations will be made, giving the preferred dates and hour of day for the commencement and termination of the solicitation;

7. A full statement of the character and extent of the charitable or religious work being done by the applicant within the city (if applicable);

8. 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;

9. A financial statement signed by a certified public accountant for the last preceding fiscal year of any funds collected by the applicant for charitable purposes, giving the amount of the money raised, the cost of raising it, and the financial distribution thereof (if applicable);

10. The amount of any wages, fees, commissions, expenses or other compensation to be expended in connection with the proposed solicitation, and to whom paid;

11. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the finance director in writing thereof within twenty-four hours after such change.

C. An application for a commercial solicitation permit shall be accompanied by a nonrefundable application fee in an amount to be determined by resolution of the city council to cover the city's costs in processing the application. Any person claiming to be exempt from the fee under state or federal law shall submit a request for a waiver on a form supplied by the finance director.

(Prior code §7-6-4; Ord. 703 §2, 1984; Ord. 847 §10, 1989)

The finance director shall examine all applications filed under Section 5.24.040. The applicant shall make available for inspection all of the applicant's financial 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. The finance director may inspect the financial books, records and papers in order to determine the truth of the information contained in the application or the truth of any representation conducted under this chapter.

(Prior code §7-6-5; Ord. 703 §2, 1984)

A. The finance director shall issue a permit for solicitation for charitable purposes unless any of the following have been demonstrated:

1. Any statement made in the application is factually incorrect;

2. The solicitation is not made for the charitable purpose described in the application;

3. The applicant has not complied with the provisions of this chapter.

B. The finance director shall issue a permit for solicitation for commercial purposes unless any of the following have been demonstrated:

1. Any statement made in the application is factually incorrect;

2. The solicitation is not made for the purpose described in the application;

3. The applicant has not complied with the provisions of this chapter;

4. Such solicitation is hazardous or detrimental to the public welfare;

5. Such solicitation is unnecessary or repetitious of advertising or solicitation concurrently authorized by a permit issued by the finance director.

(Prior code §7-6-6; Ord. 703 §2, 1984)

Upon the expiration of any permit to solicit for charitable purposes and if requested in writing to do so, the finance director must renew the permit within fifteen calendar days of such request if the factual information upon which the original application was granted remains unchanged and no violation of this chapter has been committed. The finance director may renew a permit for commercial solicitation upon the expiration of the permit, if requested in writing to do so by the permittee. The finance director may require a new application and fee subject to the provisions of this chapter.

(Prior code §7-6-7; Ord. 703 §2, 1984)

Permits issued under this chapter shall bear the name and address of the person to whom the permit is issued, 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 for the purpose of or of the person conducting the solicitation, and a brief written statement describing by approximate percentage the disbursement of any funds solicited for charitable purposes under the permit (if applicable). All permits must be signed by the finance director.

(Prior code §7-6-8; Ord. 703 §2, 1984)

All permits issued under this chapter shall be valid for a period of thirty calendar days unless renewed, revoked or suspended pursuant to the provisions of this chapter. Upon good cause shown, the finance director may issue a permit which may be valid for more than thirty calendar days, but in no event shall a permit be valid for more than six months.

(Prior code §7-6-9; Ord. 703 §2, 1984)

Any permit issued under this chapter shall not be transferable or assignable.

(Prior code §7-6-10; Ord. 703 §2, 1984)

A. All persons to whom permits have been issued under this chapter shall furnish an identification card to their agents and solicitors which card is required to be in the possession of each agent and solicitor and presented when soliciting. Identification cards shall include the permit number, the name and address of the permittee, a statement describing the permittee's purpose and activity, the signature of the permittee's chief executive officer, the name and signature of the solicitor to whom the card is issued and the specific period of time during which the solicitation is authorized, and a statement describing the approximate percentage of the disbursement of any funds solicited for charitable purposes (if applicable).

B. No person shall solicit unless he or she exhibits an identification card on a form approved by the finance director and before commencing the solicitation, the solicitor shall read it to the person solicited or present it to the person solicited, allowing sufficient time for perusal.

(Prior code §7-6-11; Ord. 703 §2, 1984)

In the event the finance director denies a permit to any applicant, the finance director, within three business days thereof, shall send by registered mail or give the applicant in person written notice of the denial, stating with specificity the reasons for such denial.

(Prior code §7-6-12; Ord. 703 §2, 1984)

Whenever it is shown that any person to whom a permit has been issued under this chapter has violated any of the provisions thereof, or that any promoter, agent or solicitor of a permit holder has misrepresented for the purpose of the solicitation, the finance director shall immediately suspend the permit, and within two business days thereof, shall either send by registered mail or give the permit holder in person written notice of the suspension, stating with specificity the reasons for the suspension. The finance director shall report the suspension to the city council.

(Prior code §7-6-13; Ord. 703 §2, 1984)

A. If an applicant or permit holder is aggrieved by any action to deny, suspend or revoke a permit by the finance director, such applicant or permit holder may appeal to the city council within fifteen calendar days of the finance director's decision with the city clerk a written statement addressed to the city council setting forth the facts and circumstances regarding the action by the finance director. The city clerk shall set a time and place for hearing the appeal and notify the applicant or permit holder. The city council not more than thirty calendar days from the date on which the appeal shall have been filed with the city clerk, shall hear the applicant or permit holder, the finance director, and consider all relevant evidence and shall determine the merits of the appeal and render a decision thereon.

B. Within two business days of the hearing written notice of the city council's decision shall be sent by registered mail to the applicant or permit holder stating with specificity the reasons for its decision. The action of the city council shall be final.

(Prior code §7-6-14; Ord. 703 §2, 1984)

The sheriff's department shall be notified forthwith by the finance director of the suspension or revocation of any permit issued under this chapter.

(Prior code §7-6-15; Ord. 703 §2, 1984)

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

(Prior code §7-6-16; Ord. 703 §2, 1984)

It shall be the duty of all persons issued permits to solicit for charitable purposes under this chapter to furnish to the finance director within ninety calendar days after the expiration of the permit, a report and financial statement showing the amount of any funds raised by the solicitation, the amount expended in collecting the funds, including a 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. The permit holder may be required by the finance director to make available for inspection all financial books, records and papers whereby the accuracy of the report may be verified.

(Prior code §7-6-17; Ord. 703 §2, 1984)

A. No person shall solicit without a permit or an identification card.

B. No person shall allow any person under sixteen years of age to solicit after six p.m. unless accompanied by a parent, guardian or other responsible adult, nor shall any person under the age of sixteen years solicit after such time unless accompanied by a parent, guardian or other responsible adult.

C. No person shall solicit at any dwelling, including but not limited to a house, apartment or condominium where there is a sign indicating "No Solicitations," "Do Not Disturb," or any other indication that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

D. No person to whom a permit has been issued under this chapter, nor any of the agents or solicitors of such person, shall touch, come into physical contact with, or affix any object to the person of any member of the public, without first receiving express permission therefor from such member of the public.

E. No person to whom a permit has been issued under this chapter, nor any of the agents or solicitors of such person, shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

F. No person to whom a permit has been granted under this chapter, nor any of the agents or solicitors of such person, shall intentionally or deliberately obstruct the free movement of any person on any street, sidewalk or other place or in any place open to the public generally.

G. No person to whom a permit has been granted under this chapter, nor any of the agents or solicitors of such person, shall solicit from a captive audience. "Captive audience" is defined as purposefully stationary persons, such as persons in lines or seated in public places.

H. No person shall threaten any injury or damage to any person who declines to be solicited.

I. No person shall accept food stamps as a contribution.

J. No person shall misrepresent his or her mental health while soliciting.

K. No person shall solicit for any commercial, noncommercial, charitable, religious, civic, political, or non-political purpose or activity within 500 feet of any K-12 school within 30 minutes of school starting or within 30 minutes of school ending, including any break periods during school hours.

(Prior code §7-6-18; Ord. 703 §2, 1984; Ord. 788 §1, 1987; Ord. 1294, 6/16/2026)

It is unlawful for any person to go upon private residential property after eight p.m. or earlier than seven a.m. for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of the premises. This section shall not be interpreted to grant any person permission to enter upon private property.

(Prior code §7-6-19; Ord. 703 §2, 1984)

Any person receiving any amount of money or anything having a value of two dollars or more from any contributor under a solicitation made pursuant to a permit granted under this chapter 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, however, that 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 finance director, where it is impractical to determine the amount of each contribution.

(Prior code §7-6-20; Ord. 703 §2, 1984)

A. No person shall directly or indirectly solicit from any person by misrepresentation of his or her name, occupation, financial condition, social condition, residence or principal place of business, and no person shall make or cause to be made any misstatement of fact, deception, or fraudulent misrepresentation in connection with any solicitation in the city, or in any application or report filed under this chapter.

B. No charitable organization or professional fund raiser soliciting contributions shall use a name, symbol or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead the public.

C. No charitable organization or professional fund raiser shall solicit funds by the use of statements or material that would indicate that such funds were being raised for an organization or agency from which explicit permission for the raising of such funds has not been received by the soliciting charitable organization or professional fund raiser in accordance with other provisions of this chapter.

(Prior code §7-6-21; Ord. 703 §2, 1984)

Nothing in this chapter shall be construed as granting to the finance director, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit to solicit for charitable purposes by reason of his or her disapproval of or agreement with the philosophy, opinion, or beliefs of the applicant, permit holder or the person such applicant or permit holder is representing, or for any other reasons not specifically provided for in this chapter.

(Prior code §7-6-22; Ord. 703 §2, 1984)