Temple City Municipal Code Ch. 6 Charitable-Religious Solicitations

ARTICLE A. CHARITABLE SOLICITATIONS

SECTION:

No person, without having first obtained a permit therefor as herein provided, shall make any appeal to the public for charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations, or subscriptions, or by promoting or conducting any sale, bazaar or exhibition by any other means, at any place or to any person within the city. (1960 Code)

No person, without first having obtained a permit therefor, as hereinafter provided, shall sell or solicit for or on behalf of any person, by telephone or otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by any person at a fixed place of business in the city, or solicit any contribution or gift in connection with such amusement, show, entertainment, lecture or other enterprise, where such sale or solicitation is for a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale, or for, or on, whose behalf such solicitation or sale is made and where, in connection with any such amusement, show, entertainment, lecture or other enterprise, it is represented, advertised, held out, implied, or made to appear that such sale, solicitation, contribution or gift or any part of the proceeds therefrom shall belong to or be devoted or used for the benefit of any person, firm, association or corporation. (1960 Code)

Any person desiring a permit to do any of the acts referred to in sections 4-6A-0 and 4-6A-1 of this article, shall file a written application therefor with the city manager of the city containing the following information:

A. Name and address of applicant (if applicant is a corporation, partnership or association, the names and addresses of all officers, partners, and/or principals);

B. Location of national, state and local headquarters, if any;

C. The names and addresses of all persons directly interested in or who in any manner will be engaged in the activity;

D. The 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 and amount of any compensation intended to be paid to any person, firm, association or corporation, out of such gross proceeds;

E. The total amount sought to be raised, and the bank or place where all or any part of such funds will be placed on deposit or invested;

F. The type of records proposed to be kept of funds received and the location of such records and the custodian thereof;

G. The type of identification to be carried or uniform to be worn by persons engaged in the activity;

H. Such other information relating to applicant and the parties directly interested or engaged in the activity, as may be necessary to enable a full and complete investigation to be conducted, including, but not limited to, suitable photographs and fingerprints. (1960 Code)

The city manager of the city, upon receipt of such an application, shall refer the same to the police and sheriff's department for investigation. After the investigation has been conducted, the chief of police or his authorized deputy or sheriff shall transmit to the city manager, for referral to the city council, the report of the investigation. (1960 Code)

The city council shall consider the application and investigation report and such other information as may be relevant, and if it finds that the applicant has not stated true facts in the application or that if a permit were to be granted to applicant, a fraud, in all probability, would be perpetrated on the public, the council shall refuse the issuance of a permit to such applicant. If the council finds that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated on the public, a permit shall be issued to such applicant for such period of time as applicant may request, not to exceed a period of three (3) months from the date of issuance of said permit. Provided, that as a condition to granting such permit, the council may require applicant to file a bond with the city clerk, in a sum not to exceed one thousand dollars ($1,000.00), in a form to be approved by the city attorney, conditioned so that if applicant should fail to devote, pay or use the entire proceeds or percentage thereof, as specified in the applicant, derived from the activity, to the person for, or on whose behalf, or benefit such activity was carried on, as indicated on the application, then the surety will pay to such person the amount of such bond. (1960 Code)

Renewal permits shall not be required for any of the acts or activities described in sections 4-6A-0 and 4-6A-1 of this article, by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained a headquarters or a place of worship in the city, for a period of at least five (5) years next preceding the date on which such activity is proposed to be commenced; provided that the council has issued a basic permit authorizing the acts or activities described in said sections by such organization. Permits issued to organizations as described in this section shall be valid until revoked by the council; provided such permittees shall advise the city of changes in sponsors or officers. (1960 Code)

The city manager shall have the power to suspend any permit if he finds that the permittee is not operating in conformity with the application pursuant to which the permit was issued, or if he finds, that further activity of the permittee would, in all probability, allow fraud to be perpetrated upon the public or any portion thereof. Notice of such suspension shall be given to permittee by registered mail directed to the permittee at his last known address, postage prepaid, and deposited in the United States mail. The said permit in such a case shall be suspended and no further activity otherwise permitted thereunder shall be permitted, effective three (3) days after date of mailing said letter. In such a case, permittee shall have a right of immediate appeal to the city council and at the next regularly schedule council meeting after such suspension, said permittee shall show cause before the council why the permit should not be revoked. If the council finds that the suspension was justified, the permit shall forthwith be revoked. No formal public notice need be given by the council in connection with the denying or revocation of such permit, provided that notice of such hearing is given to applicant by depositing in the United States mail by registered mail, directed to the last known address of such applicant, at least forty eight (48) hours prior to the holding of such hearing. (1960 Code)

No permit shall be required for any solicitation through the United States mail. (1960 Code)

During the time this section remains in effect, the responsibilities and prerogatives imposed by this section upon the city council are hereby delegated in the first instance to the city manager. Any person dissatisfied with the decision of the city manager, may appeal such decision to the city council whereupon the decision of the city manager shall be vacated and the city council shall exercise its prerogatives as set forth in this chapter. (1960 Code)

See article B of this chapter. (1960 Code)

A. Solicitation shall only take place between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M.

B. Solicitation shall not be made at any house, apartment or other dwelling in which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant thereof. (Ord. 91-695)

ARTICLE B. RELIGIOUS SOLICITATIONS

SECTION:

CITY MANAGER: The person exercising that function of any city employee designated by the city manager to perform such functions hereunder.

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: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS AND RELIGION: Shall have the meaning established by the supreme court of California or the supreme court of the United States. It shall not mean and include the word "charitable".

SOLICIT AND SOLICITATION: 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 religious 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 place. 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:

A. Any oral or written request.

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

C. The sale of any goods or services.

"Solicitation" as defined herein 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. (1960 Code)

No person shall, directly or indirectly, solicit nor authorize any other person to solicit contributions for any religious purposes within the city without a permit therefor as provided in this article. (1960 Code)

The provisions of this article shall not apply to any person where religious solicitations are conducted among the members thereof by other members, whether at regular assemblies or services or otherwise. (1960 Code)

An application for a religious solicitation permit 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 not less than ten (10) days prior to the time at which the permit applied for shall become effective; provided, however the city manager may for a good cause shown allow such filing less than ten (10) days prior to the effective date the permit applied for. (1960 Code)

The application shall contain the following information:

A. Name, address and principal office of the person applying for the permit.

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

C. A statement that the purpose for which the solicitation is made is exclusively for and in connection with the exercise of religion.

D. The total amount of funds proposed to be raised by solicitation.

E. The name and address of the person or persons who will be in charge of conducting the solicitation and the names of all of funds raisers connected to or to be connected with the proposed solicitation.

F. A short outline of the method or methods to be used in conducting the solicitation.

G. The time when such solicitation will be made, giving the preferred dates and hours of the day for the commencement and termination of solicitation.

H. 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 any department or officer thereof. If while the application is pending or during the term of any permit granted there is a change in fact, policy or method that would alter the information to be given in the application the applicant shall notify the city manager in writing thereof within twenty four (24) hours after such change. (1960 Code)

The city manager shall investigate all applications to the extent he deems necessary for him to perform his duties hereunder. Upon request by the city manager, applicant shall make available for inspection all of applicant's financial books, records, and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of the factual accuracy of the information contained in the application. Failure to make any such information available within ten (10) days at the city manager's request to inspect same shall automatically result in revocation of the permit. (1960 Code)

Solicitations pursuant to permit hereunder:

A. Shall only take place between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M.

B. Solicitation shall not be made at any house, apartment or other dwelling in which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant thereof. (1960 Code; amd. Ord. 91-695)

The city manager must and shall issue the permit unless any of the following have been demonstrated by substantial evidence:

A. Any statement made in the application is factually incorrect.

B. That the proposed solicitation will violate any of the requirements of section 4-6B-6 of this article.

C. That applicant has not provided the information required by this article. (1960 Code)

The city manager shall either grant or deny the requested permit within ten (10) days of the date the application is made. In the event the city manager fails to act within the time prescribed, the permit shall be deemed granted. (1960 Code)

On the expiration of any permit, and if requested in writing to do so, the city manager must renew the permit within ten (10) days of such request, if the factual information upon from which the original application was granted remains unchanged and no violations have been committed. Upon such request for renewal applicant must state that no change has occurred since issuance of the original permit. (1960 Code)

Permits issued under this article shall bear the name and address of the person to whom it is issued, the number of the permit, the date issued, the dates within which the permit holder may solicit and the statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of or for the person conducting the solicitation. (1960 Code)

Permits issued hereunder shall be valid for a period of thirty (30) days unless renewed, revoked or suspended pursuant to the provisions hereof. (1960 Code)

No permit issued hereunder shall be transferred or assigned and any such attempt of assignment or transfer shall be void. (1960 Code)

All persons to whom permits have been issued hereunder shall furnish proper credentials to their agents and solicitors for such solicitation. The credential shall include the name of the permit holder, the date, a statement of the religious purposes of the solicitation, signature of the permit holder or its executive officer and the name and the 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. No person shall solicit under any permit granted under this article without credentials required hereunder. (1960 Code)

In the event the city manager denies a permit to any applicant, the city manager shall give the applicant a written notice, stating with specificity the reasons for such denial. (1960 Code)

Whenever it shall be shown that any persons to whom a permit has been issued has violated any of the provisions of this article, the city manager shall suspend the permit after giving written notice to the permit holder of not less than two (2) business days in person or by registered special delivery of the proposed revocation, stating with specificity the reason for such proposed revocation. (1960 Code)

Any applicant or permit holder aggrieved by any action of the city manager to deny, revoke or refusal to renew a permit, 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 of the city manager. Such appeal shall be filed within ten (10) days after the disputed action of the city manager and the city council shall hear the appeal at its next regular meeting, not more than fifteen (15) days after filing thereof. At the time of the appeal hearing, the city council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon within three (3) business days of the hearing.

In the event the city council affirms the decision of the city manager, the appellant shall be given written notice thereof within two (2) days thereafter stating with specificity the reasons for the 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. (1960 Code)

Any person receiving money or anything of value in excess of five dollars ($5.00) from any contributor by means of solicitation made pursuant to a permit shall give each contributor a written receipt signed by the solicitor showing plainly the name and the permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, this section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contributions. (1960 Code)

A. No person who has in his or her possession any bottle, can or other receptable containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain in any public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to State law, or on any area immediately adjacent to the licensed and posted premises, or on the premises of, or immediately adjacent to, any business not licensed to sell or consume alcoholic beverages.

B. As used in this section, "posted premises" means those premises which are subject to licensure under any retail package off-sale beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and the parking lot and to persons on the public sidewalk, that the provisions of this section are applicable. This section does not apply to possession of an alcoholic beverage on-site of a properly licensed facility in compliance with State law.

(Ord. 23-1073)

No persons to whom a permit has been issued nor any agents or solicitors of such person:

A. Shall affix any object to the person of any contributor or member of the public without first receiving express permission therefor;

B. Shall persistently and importunately request any donation from any member of the public after such member of the public expresses his desire not to make a donation; and

C. Shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place or any place open to the public generally.

(1960 Code)

Nothing hereunder shall be construed as granting to the city manager or any other person the authority to grant, deny, revoke, renew or suspend any permit by reason of agreement or disagreement with the philosophy, opinion or belief that the applicant, permit holder or person soliciting thereof, or for any other reason not specifically provided for herein.

(1960 Code)

Any person, as hereinbefore defined or any agent, servant, employee or officer thereof violating any of the provisions of this article, or who aids or abets in the procuring of a violation of any provision, part or portion hereof, or who files or causes to be filed an application for a permit containing a false or fraudulent statement of fact, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) for each offense, or undergo imprisonment for not more than six (6) months, or both. Each violation shall be deemed a separate offense, and shall be punishable as such.

(1960 Code)

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

(1960 Code)