Vallejo Municipal Code Ch. 5.16 Charitable Solicitations

This chapter shall be known as "The Charitable Solicitation Ordinance of the City of Vallejo."

(Ord. 285 N.C. § 19, 1957.)

The city council finds and determines that:

A. The right to solicit funds for charitable purposes is guaranteed to individuals and organizations under the Constitutions of the United States and the state. Individuals and organizations also have a constitutionally secured right to gather and disseminate information concerning public issues of the day, advocate positions and promote legislation or other governmental action with respect thereto, and solicit funds in furtherance of such lawful objectives.

B. There exists a substantial governmental interest in protecting the property, welfare and safety of the citizens of Vallejo from persons who would misuse the foregoing rights to accomplish unlawful objectives, and in deterring unlawful conduct by requiring that all persons who seek to solicit funds for charitable, educational or advocacy purposes within Vallejo identify themselves and such purpose(s) to the city government. Nothing in this chapter is intended to regulate, control or limit the content of any solicitation made, or proposed to be made. The requirements of this chapter shall be liberally construed to effectuate its purposes to make known the goals of the solicitation, and to identify the organizations and individuals who will carry out thee same.

C. It is in the best interest of the public safety, welfare and convenience of the city to establish an identification system and an investigative process to identify persons and organizations who seek to make appeals for charitable, educational or advocacy purposes among the citizens of the city.

D. The identification process requires (among other things) that the photographs of agents, solicit and promoters be taken by the Vallejo police department and be retained for the duration of the solicitation period for which a permit is issued. However, such photographs will be maintained in confidence and will be used only for those purposes stated in this chapter, and will be returned to the applicant upon request at the end of the solicitation period, or any extension thereof.

(Ord. 917 N.C.(2d) § 1, 1987: Ord. 746 N.C.(2d) § 1, 1984.)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

A. "Charitable" means and includes the words "Patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal," either actual or purported.

B. "City" means the city of Vallejo.

C. "Committee" means an ad hoc, advisory committee, appointed by the mayor and consisting of:

1. A board member or the executive director of the Napa-Solano United Way;

2. A representative or officer of the Vallejo Chamber of Commerce; and

3. The city manager or his designated representative.

D. "Contribution" means and includes the words: "gifts, alarm, food, pledge, clothing, money, subscription, property or donations" directly or under the guise of a loan of money or property.

E. "Manager" means the city manager of the city of Vallejo.

F. "Permit" means a written authorization, issued by the tax and license collector of the city, pursuant to provisions of this chapter and only upon specific direction of the manager.

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

H. "Promoter" means any person who for money or other compensation or consideration promised or received solicits, or engages in the business of soliciting, or is held out to the public as engaging in the business of soliciting contributions for or on behalf of any charitable cause, purpose, goal or campaign or any cause represented as such, and who in connection therewith serve principally as a conduit for the collection and transmittal of funds from the donors to the charitable organizations associations, societies, or other persons intended to benefit from the solicitation. A "promoter" is not a person who individually solicits funds, or an organization which uses funds to be solicited, in support of his/her or its; primary goal of research, public education, and advocacy with respect to public issues and controversies, as described in Section 5.16.060(B)(2) of this chapter.

I. "Religious" and "religion" as used herein do not mean and include the word "'charitable" as herein defined but shall be given their commonly acceptable definitions.

J. "Solicit" means the act of solicitation, as define herein.

K. "Solicitation" means and includes any of the following:

1. Any oral or written request;

2. The distribution, circulation, mailing, posting or publishing of any handbill;

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

A solicitation as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.

L. "Applicant" means any person who applies for any permit under this chapter, in compliance with his/her or its provisions and any person who takes an appeal from a denial of its application for a permit, or from an order revoking a permit previously issued, to the city council.

(Ord. 917 N.C.(2d) § 2, 1987; Ord. 746 N.C.(2d) § 2, 1984; Ord. 285 N.C. § 1, 1957.)

No person shall solicit contributions for any charitable purpose without a permit authorizing such solicitation, provided however:

A. That the provisions of this section shall not apply to any established person if the solicitations are conducted among the members thereof;

B. That no permit shall be required for the solicitation, contributions, or the promotion of any bazaar, sale, or exhibition or other act of appeal to the public by any religious or charitable organization which has been in existence in, and which has regularly maintained headquarters or a place of worship in the city for a period of at least two years next preceding the date on which such activity shall be begun, and which organization is not using the services of a promoter who is paid a portion of the proceeds of the solicitation;

C. That no permit shall be required for solicitations made solely for evangelical, missionary or religious purposes; provided, however, that in any case where the purpose of such solicitation is either in whole or in part charitable, then the permit shall be required;

D. That nothing in this chapter shall be construed as applying to newspapers, radio stations and television stations located in the city in the normal conduct of their business;

E. Nothing in this chapter shall require any candidate, committee, political committee, person to be treated as a political committee, campaign committee or other person or entity which is required to file periodic reports of contributions and expenditures under the Federal Election Campaign Act of 1971 as amended (2 USC § 431 et seq.), or which is required to file campaign closure statements under the California Political Reform Act of 1974, as amended, (Government Code § 81000 et seq.), and which does file such report(s) or statement(s), to obtain a permit to organize, conduct, main, support or oppose an election campaign within the city, or to engage in any lawful activities in connection therewith, including without limitation canvassing, polling, solicitation for funds, votes or support, precinct work or electioneering.

(Ord. 917 N.C. (2d) § 3, 1987; Ord 285 N.C.(2d) § 2, 1957.)

No person shall solicit contributions for any charitable purpose unless at least fifteen days prior to the beginning of such solicitation, there has been filed with the commercial services division of the finance department of the city, on a form furnished by the division to such person or association on whose behalf the solicitation is made, a written application and by declarations made under penalty of perjury for permits which application shall contain complete information as listed in this section. The Vallejo police department will photograph each agent or solicitor at the time of making application for the permit. The information to be provided shall be as follows:

A. The name, address or headquarters of the person applying for the permit;

B. If applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution or other authorization for such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant's records;

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

D. A specific statement, supported by reasons and, if available, figures showing the need for the contributions to be solicited;

E. The names and address of the person or persons by whom the receipts shall be disbursed;

F. The names and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names of all agents, solicitors or promoters connected or to be connected with the proposed solicitation;

G. A signature of each agent, solicitor or promoter shall accompany the application. Prior to engaging in any solicitation under this chapter, each agent, solicitor or promoter shall be photographed by the Vallejo police department and shall do all other things required in order for the credentials referred to in Section 15.16.090 of this chapter to be issued;

H. An outline of the method or methods to be used in conducting the solicitation;

I. The time when the solicitation shall be made, giving the dates for the beginning and ending of the solicitation;

J. The projected or estimate expenses of the solicitation, including salaries, wages, fees, bonuses or commissions, to be paid to agents, solicitors or promoters, and the basis upon which such payments will be made. Nonpersonnel costs may be aggregated separately;

K. A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant giving the amount of money raised together with expenditures or use made of tie contributions, and the names and addresses of all persons or associations receiving salaries, wages, compensation or commissions in connection there-with;

L. A full statement of the character and extent of any other charitable work being done by the applicant within the city;

M. A statement that the permit will not be used or represented in any way as an endorsement by the city or by any department or officer thereof;

N. A statement that those persons signing the application have read and are familiar with this chapter and will require all solicitors engaged in the solicitation to read and be familiar with all sections of this chapter prior to making any solicitation.

(Ord. 917 N.C.(2d) § 4, 1987: Ord. 746 N.C.(2d) § 3, 1984: Ord. 285 N.C. § 3, 1957.)

A. Whenever the applicant fails to disclose sufficient information concerning the facts required to be stated in Section 5.16.040 or concerning the person or association making the solicitation or on whose behalf the solicitation is made, then upon the request of the manager there shall be filed such additional information on the subjects noted in Section 5.16.040 as may be required for the issuance of the permit. The manager may for good cause extend the time for filing the additional formation.

B. The manager may appoint, charge and convene a committee, as defined herein, to consider any or all applications filed pursuant to provisions of this chapter, and to advise him regarding action thereon. In such case or cases, a record of the committee's advice shall be made, attested by the committee and filed with the application concerned.

(Ord. 746 N.C.(2d) § 4, 1984; Ord. 285 N.C. § 4, 1957.)

The manager shall authorize issuance of the permit provided for in Section 5.16.030 of this chapter after the applicant has provided the information specified in Section 5.16.040 of this chapter, and where applicable, the additional information specified in Section 5.16.115 of this chapter, provided, that he/she finds that the following facts exist:

A. That the application contains no material misstatements in connection with the solicitation for a charitable organization which would deceive or defraud the public;

B. That, if the application affirmatively shows that no promoters will be engaging in acts of solicitation under the permit, then in the alternative either.

1. That the primary purpose of the proposed solicitation is to obtain contributions to benefit the charitable cause, goal, purpose or campaign described in the application and that no part of any such contributions, nor any other funds, will be paid to or for the benefit of any persons participating in the solicitation, by way of wages, salaries, commissions, bonuses or other compensation as consideration for their engaging in solicitation (reimbursement for out-of-pocket expenses excepted), or

2. That the primary purpose of the proposed solicitation is to gather and disseminate information concerning public issues and controversies, and/or to advocate positions or promote legislation or other governmental action with respect to such issues and controversies; that contributions may be solicited in furtherance of the primary goal of advocacy and education on public issues, and all such contributions received will be utilized in support of the primary goals stated in the application;

C. That as a condition to granting such permit the manager may require the applicant to file a bond of not less than one thousand dollars issued by a surety company authorized to do business in the state in a form approved by the city attorney, conditioned that if the principal thereof, the applicant, shall fail to devote, pay or use the entire net proceeds derived from the activity mentioned in the application to the person for or on whose account or benefit such activity was conducted or carried on, then the surety will pay the same to such person up to the face amount of the bond and provided further that the manager may require that all tickets sold, transferred or given away in connection with such activity shall be serially numbered and that the applicant shall keep a complete record of all tickets sold and a record of the name of the party to whom each ticket was sold, transferred or given away; provided a bond shall not be required as a condition to issuing a permit pursuant to subsection (B)(2) of this section;

D. That, if the applicant has furnished the additional facts and information specified in Section 5.16.115 of this chapter, the manager makes the following additional findings to issue a permit to or on behalf of a promoter:

1. That the applicant, and all of its managing officers, employees, members, agents or any other persons who will be connected in any way with the solicitation to be conducted under the permit, are of good character and reputation, and

2. That the plan of solicitation proposed by the applicant does not pose an undue risk to the safety of the citizens of Vallejo, and

3. That the plan of solicitation proposed reasonably assures full and fair disclosure of the purposes of the solicitation to the persons to be solicited thereunder,

4. That where required by the manager, and notwithstanding subsection C above, the applicant has furnished a bond in the face amount of five thousand dollars as specified in Section 5.16.115(C) of this chapter,

E. That the applicant has provided other pertinent data reasonably deemed necessary by the manager.

The manager shall file with the city clerk for public inspection and shall serve upon the applicant a written statement of his/her findings of fact and decision upon the denial of any permit for which a complete application has been submitted in full compliance with all provisions of this chapter.

(Ord. 917 N.C.(2d) § 5, 1987: Ord. 746 N.C.(2d), 1984: Ord. 285 N.C. § 5, 1957.)

Permits issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, 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. No permit may grant the right to solicit longer than ninety days from its date, but the manager may authorize extension of any permit for not more than ninety days additional upon a showing that unnecessary hardship would be created by a failure to extend the original ninety-day period for such additional days.

(Ord. 285 N.C. § 6, 1957.)

Any permit issued under this chapter, shall be nontransferable and shall be returned to the collections division within five days of its date of expiration, together with all facsimile copies thereof.

(Ord. 285 N.C. § 7, 1957.)

A. All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents, solicitors and promoters for such solicitation. Such 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 it holder or of the holder's chief executive officer, and the name, address, age, sex, photograph, and signature of the agent, solicitor or promoter to whom such credentials are issued and the specific period of time during which the agent, solicitor or promoter is authorized to solicit on behalf of the permit holder. A copy of such credentials and the photograph of each agent or solicitor must be filed with the commercial services division. Upon return of the credentials to the commercial services division as provided in Section 5.16.080, all photographs filed in connection with the solicitation will be returned to the applicant. No person shall solicit under any permit granted pursuant to this chapter without the credentials required by this section and a facsimile copy of the permit in his possession. The credentials and the facsimile copy of the permit must be obvious and visible to all persons solicited and to any police officer of the city; provided, that in those cases where such issuance of credentials would be impractical in the judgment of the manager, then the manager may limit or waive entirely the requirements of this section.

B. No agent, solicitor or promoter 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.

C. It shall be unlawful for any person to solicit at any premises within the city which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or similar words of the same effect.

(Ord. 746 N.C.(2d) § 6, 1984; Ord. 285 N.C. § 8, 1957.)

A. No person shall solicit any contributions by printed matter or published article or over the radio, television, telephone or telegraph, unless such publicity shall contain the data and information required to be set forth on the information card; provided, that when any solicitation is made by telephone, the solicitor or his agent shall present upon request to each person who consents, or indicates a willingness to contribute, prior to accepting a contribution from said person, such credential or a true written copy thereof.

B. No person shall for pecuniary compensation or consideration conduct or make any solicitation by telephone for or on behalf of any actual or purported charitable use, purpose, association, corporation or institution, without disclosing his true relationship therewith.

(Ord. 285 N.C. § 9, 1957.)

Any person receiving money or anything having a value of one dollar or more from any contributor under a solicitation made pursuant to a permit granted under this chapter shall give to the contributor a write 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 manager, where it is impractical to determine the amount of each contribution.

(Ord. 285 N.C. § 10, 1957.)

A. No promoter shall, in any manner whatsoever, solicit within the city any contribution for any actual or purported charitable purpose without a permit issued by the city.

B. To obtain such a permit, a promoter shall make and file with the commercial services division of the finance department of the city an application containing the facts required by Section 5.16.040 of this chapter, or requested pursuant to Section 5.16.050 of this chapter. In addition to such facts, a promoter shall provide the following:

1. The photograph and fingerprints of the applicant and each of its managing officers, employees, members, agents or any other person who will be engaging in solicitation, or supervising others engaged in solicitation, under the permit, shall be taken by the Vallejo police department and submitted with the application for a permit;

2. The names and addresses of all persons mentioned in subsection (B)(1) of this section shall be submitted with the application for a permit;

3. A succinct statement of facts showing that all persons identified in subsections (B)(1) and (2) of this section are of good character and reputation;

4. The general plan, character and method in or by which the applicant proposes to engage in solicitation as a promoter.

C. As a condition to granting such permit, the manager may require the applicant to file a bond of not less than five thousand dollars issued by a surety company authorized to do business in the state of California in a form approved by the city attorney conditioned that if the principal thereof, the applicant, shall fail to comply with the conditions of this chapter and any direct pecuniary loss is sustained by any donor or person on whose behalf the solicitation was made and such loss is caused by an act of theft or larceny committed by the applicant or its agents, the surety will pay to such person the amount of such loss up to the face amount of the bond.

D. The applicant shall pay a filing fee in the amount of seventy-five dollars.

E. It shall be unlawful for any promoter to cause or permit any person on the promoter's behalf or instigation to solicit or to give any contribution unless such person has been registered and has been issued a permit by the city.

F. Unless exempted under the provisions of Section 5.16.030, no person shall for pecuniary compensation or consideration solicit for any charitable purpose unless such person has been issued a permit therefor under the terms and conditions contained in this chapter.

(Ord. 917 N.C.(2d) § 6, 1987; Ord. 746 N.C.(2d) § 7, 1984.)

A. If any person is aggrieved by any administrative ruling upon any application filed pursuant to the provisions of this chapter, such aggrieved party may file with the city clerk of the city within five days a statement, addressed to the city council of the city, setting forth the full content of the application, the action taken thereon and the reasons why it is believed that the action was improper.

B. The city council at a regular meeting held not more than twenty-one days from the date on which such appeal was filed with the city clerk, shall hear the applicant and his witness and shall determine the issue; and the ruling of the city council thereon shall be final.

(Ord. 285 N.C. § 11, 1957.)

Whenever it shall be shown, or whenever the manager has knowledge, that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the manager shall immediately suspend the permit and give the permit holder written notice by registered special delivery mail of a hearing to be held within five days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the manager has acted in suspending the permit. At the hearing the permit holder, and any other interested person, shall have the right to present evidence as to the facts upon which the manager based the suspension of the permit, and any other facts which may aid the merger in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. The manager may appoint, charge and convene a committee, as defined herein, to participate with him in hearing applicant's presentation and to advise him regarding subsequent action. In such case, a record of the committee's advice shall be made, attested by the committee and filed with the application concerned. If, after such hearing, the manager finds that this chapter has been violated or the purpose of the solicitation has been misrepresented, he shall within two days after the hearing file in his office for public inspection, and serve upon the permit holder, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit. If, after such hearing the manager finds that this chapter has not been misrepresented, he shall within two days after the hearing give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

(Ord. 285 N.C. § 12, 1957.)

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

(Ord. 285 N.C. § 13, 1957.)

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

(Ord. 285 N.C. § 14, 1957.)

It shall be the duty of all persons issued permits under this chapter to furnish to the collections division within thirty days after the solicitation has been completed, a detailed sworn financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed 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. This report shall be available for public inspection at the city clerk's office at any reasonable time. The permit holder shall make available to the manager, or to any person designated in writing by the manager as his representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked.

(Ord. 285 N.C. § 15, 1957.)

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

(Ord. 285 N.C. § 16, 1957.)

It is the intent of the city council in enacting this chapter that each paragraph and section of this chapter be severable, each from the other, and if any paragraph or section is held to be invalid as to any person or circumstance, the remainder of this chapter and such paragraph and section shall continue in full force and effect as to other persons and circumstances.

(Ord. 917 N.C.(2d) § 7, 1987.)