Stanton Municipal Code Ch. 5.24 Charity Solicitations

"Charitable"

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

"City manager"

means that person whose duties and responsibilities are described in Chapter 2 of this code and any person designated in writing by the city manager as the city manager's representative.

"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.

"Person"

means any individual, firm, partnership, corporation, company, association, society, organization or league, and includes 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 or other things 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 purpose as those purposes are defined in this section, 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, on the public beaches or in any public places. These words also mean and include the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the manner stated above:

Any oral or written request;

The local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication;

The sale of any goods or services;

"Solicitation" as defined in this section shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section.

(Prior code § 5.24.010; Ord. 517 § 1, 1978)

A. It is unlawful to solicit contributions for any charitable purpose within the city without a permit from the city manager authorizing such solicitation; provided, however, that the provisions of this section shall not apply to any person organized and operated wholly or partially for charitable purposes and not operated for the pecuniary profit of any person if the solicitations by such person are conducted only 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 meetings of any such person;

B. Provided, further, that when a permit has been issued to any person as defined in Section 5.24.010, other than an individual, then the individual agents and solicitors for such person shall not be required to obtain individual permits.

(Prior code § 5.24.020; Ord. 517 § 1, 1978)

A. An application for a permit to solicit shall be made to the city manager upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the city manager at least ten days prior to the time at which the permit applied for shall become effective; provided, however, that the city manager may for good cause shown allow the filing of an application less than ten days prior to the effective date of the permit applied for. The city manager shall either grant or deny the requested permit within ten days of the date the application is made. In the event the city manager fails to act within the time prescribed in this section, the permit shall be deemed granted.

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

1. The name, address or principal office of the person applying for the permit;

2. If the applicant is not an individual, the names and addresses of the applicant's principal officers and executives;

3. The purpose for which the 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;

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

5. A short 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 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;

8. Such other information as may be reasonably required by the city manager in order for him to determine whether the solicitation will not endanger the physical health or safety of the inhabitants of the city;

9. 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 city manager in writing thereof within twenty-four hours after such change.

(Prior code § 5.24.030; Ord. 517 § 1, 1978)

The city manager shall examine all applications filed under Section 5.24.030 and shall make, or cause to be made, such further investigation of the application and the applicant as the city manager deems necessary in order for him to perform his duties under this chapter. Upon request by the city manager, the applicant shall make available for inspection by the city manager 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, said financial books, records, and papers to be inspected by the city manager solely for determining the truth of the information contained in the application or the truth of any representation made by the permit holder with regard to the receipts of any solicitation conducted under this chapter.

(Prior code § 5.24.040; Ord. 517 § 1, 1978)

The city manager must issue the permit unless any of the following have been demonstrated:

A. That any statement made in the application is factually incorrect;

B. That the solicitation is not made for the charitable cause described in the application;

C. That the kind, character and method of the proposed solicitation, the time when it will take place, and its duration are such that the solicitation will endanger the physical health or safety of the public;

D. That the applicant has not complied with the provisions of this chapter.

(Prior code § 5.24.050; Ord. 517 § 1, 1978)

Upon the expiration of any permit and if requested in writing so to do, the city manager must renew the permit within ten days of such request if the factual information upon which the original application was granted remains unchanged and that no violation of this chapter has been committed. The city manager may require a new application subject to the provisions of this chapter.

(Prior code § 5.24.060; Ord. 517 § 1, 1978)

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 of the purpose of or of the person conducting the solicitation and a brief written statement describing by approximate percentage the disbursement of the funds solicited under the permit. All permits must be signed by the city manager and presented to each and every contributor for inspection by said contributor upon his request.

(Prior code § 5.24.070; Ord. 517 § 1, 1978)

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

(Prior code § 5.24.080; Ord. 517 § 1, 1978)

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

(Prior code § 5.24.090; Ord. 517 § 1, 1978)

A. All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such 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 of the holder's chief executive officer, and the name and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. A copy of the credentials must be filed with the city manager 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 the permit is issued. No person shall solicit under any permit granted under this chapter without the credentials required by this section.

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 the provisions of this chapter.

(Prior code § 5.24.100; Ord. 517 § 1, 1978)

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

(Prior code § 5.24.110; Ord. 517 § 1, 1978)

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 a promoter, agent, or solicitor of a permit holder has misrepresented the purpose of the solicitation, the city manager shall immediately suspend the permit, and within two business days, give the permit holder written notice in person, or by registered special delivery mail, of the revocation, or suspension stating with specificity the reasons for the suspension or revocation. The city manager shall report such suspension or revocation to the city council at the next regular meeting of that body following his action.

(Prior code § 5.24.120; Ord. 517 § 1, 1978)

A. If an applicant or permit holder is aggrieved by any action to deny, suspend or revoke a permit by the city manager, such applicant or permit holder may appeal to the city council by filing with the city clerk a statement addressed to the city council setting forth the facts and circumstances regarding the action by the city manager. The city manager shall set a time and place for hearing the appeal and notify the applicant or permit holder. The city council at its next regular meeting, held not more than fifteen days from the date on which the appeal shall have been filed with the city clerk, shall hear the applicant or permit holder, the city manager, and all relevant evidence and shall determine the merits of the appeal and render a decision thereon within three business days of the hearing.

B. In the event the city council affirms the decision of the city manager to deny, revoke or suspend any permit under this chapter, the city council shall, within two business days thereof, give the aggrieved applicant or permit holder written notice in person or by registered mail of the city council's action, stating with specificity the reasons for their decision. The action of the city council shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5.

C. The right to appeal to the city council from the denial, suspension or revocation of any permit granted under this chapter shall terminate upon the expiration of thirty days following written notice of the city manager's action.

(Prior code § 5.24.130; Ord. 517 § 1, 1978)

The chief of police shall be notified forthwith by the city manager of the suspension or revocation of any permit issued under this chapter.

(Prior code § 5.24.140; Ord. 517 § 1, 1978)

Any person receiving five dollars or more in money or anything having a value of five dollars or more from any contributor under a solicitation made pursuant to a permit granted under this chapter shall give to each and every such 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, together with a brief written statement describing by approximate percentage the disbursement of all funds solicited under the permit issued under this chapter; provided, however, that this section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation, where it is impractical to determine the amount of such contributions.

(Prior code § 5.24.150; Ord. 517 § 1, 1978)

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 official books or records of such person's treasurer or other financial officer.

(Prior code § 5.24.160; Ord. 517 § 1, 1978)

It shall be the duty of all persons issued permits under this chapter to furnish to the city manager, upon his request, a report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fee, 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 city manager to make available for the city manager's inspection all financial books, records and papers whereby the accuracy of the report may be verified.

(Prior code § 5.24.170; Ord. 517 § 1, 1978)

A. No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial conditions, social condition, residence or principal place of business, and no person shall make or cause to be made any misstatement of fact, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, and 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 or governmental agency that the use thereof would tend to confuse or mislead the public.

C. Nor shall a charitable organization or professional fund raiser 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 organizations or agency explicit permission for the raising of such funds has not been received in accordance with other provisions of this chapter.

(Prior code § 5.24.180; Ord. 517 § 1, 1978)

Nothing in this chapter shall be construed as granting to the city manager, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of his disapproval of or agreement with the philosophy, opinion, or beliefs of the applicant, permit holder or the person such applicant or permit holder represents, or for any other reason not specifically provided for in this chapter.

(Prior code § 5.24.190; Ord. 517 § 1, 1978)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

B. Any person violating any provision hereof shall be charged in accordance with Section 1.04.080 of this code and upon conviction shall be punished in accordance therewith.

(Prior code § 5.24.200; Ord. 517 § 1, 1978; Ord. 677 § 1, 1988)

It is the intention of the city council that each separate provision of this chapter shall be deemed independent of all other provisions in this chapter, and it is further the intention of the city council that if any provision of this chapter is declared invalid, other provisions thereof shall remain valid and enforceable.

(Prior code § 5.24.210; Ord. 517 § 1, 1978)