Ventura Municipal Code Ch. 6.400 Charitable Solicitations

For purposes of this chapter, the following words are defined and shall be construed as hereafter set forth unless it shall be apparent from the context that they have a different meaning:

“Charity” means and includes any nonprofit community organization, social, benevolent, educational, philanthropic, or service organization, governmental employee organization, any person who solicits or obtains contributions solicited from the public for charitable purposes, and any person who holds any assets for charitable purposes.

“Contribution” shall include food, clothing, money, property or donations given for a charitable cause, whether given under the guise of a loan or otherwise.

“Promoter” shall mean any person who for pecuniary compensation manages, supervises, organizes or solicits contributions on behalf of any charitable organization.

“Solicitation” or “solicit” shall mean and include any oral, written or implied request made in person or over the telephone, concerning an appeal for contributions for any charitable purpose, including, without limitation, a sale of, offer or attempt to sell any membership, merchandise, subscription, ticket or other thing in connection with any appeal made for any charitable purpose or in the name of any charity.

A “solicitation,” as defined herein, shall be deemed completed when made, whether or not the person making the same receives any contribution. (Code 1971, § 2271)

A. Required. No person shall solicit contributions for any charitable purpose within the city of San Buenaventura, without a permit from the business license division authorizing such solicitation.

B. Exemptions. The provisions of this chapter shall not apply to any established event organized and operated exclusively for charitable purposes by a nonprofit or charitable organization if the solicitations are conducted solely among the members thereof by the members or officers thereof, voluntarily and without remuneration or if the solicitations are in the form of collections or contributions at regular assemblies of any established organization, or if the solicitation is made on private property at the invitation of the owner or occupant of the property. In addition, the provisions of this chapter shall not apply to solicitations within the membership of a charitable organization or upon its regular occupied premises, nor shall they apply to activities to raise funds as authorized by Section 326.5 of the Penal Code. (Code 1971, § 2272)

A permit shall be issued by the business license division upon an applicant presenting the following:

A. The name and address of the organization for which the solicitation is proposed to be made;

B. Where applicable, a copy of the applicant’s articles of incorporation and/or bylaws;

C. A copy of the organization’s letter of tax-exempt status from the Internal Revenue Service, United States Government, and a copy of the organization’s letter of tax-exempt status from the Franchise Tax Board, state of California;

D. A statement of the purpose of the solicitation and of the use to be made of the contributions to be solicited;

E. A statement of how the solicitation will be made or conducted, including the time when such solicitation will be made, giving the proposed dates for the beginning and ending, including the hours thereof;

F. The estimated total revenue expected or proposed to be raised by the solicitation;

G. A statement as to the portion of the contributions collected as a result of the solicitation that will remain in Ventura County available for application for the purpose and use specified in subsection D of this section;

H. A copy of the card or other printed material to be utilized by applicant to comply with the requirements of Section 17510.3 of the California Business and Professions Code.

The business license division will provide forms for the furnishing of the information required herein. (Code 1971, § 2273)

All information provided to the business license division pursuant to Section 6.400.030 will be and constitute a public record under the California Government Code. The business license division is authorized to make such information, or any part thereof, available to any member of the public upon telephone inquiry or other request for information. (Code 1971, § 2274)

A copy of the permit issued pursuant to this chapter for a particular charitable solicitation shall be carried by each person engaged within the city in soliciting charitable contributions pursuant to said permit, while such person is engaged in any soliciting activity, and shall be presented upon request of any person being solicited or of any peace officer. (Code 1971, § 2275)

A. Days and Hours of Contact With the Public. No solicitation shall be conducted between the hours of 9:00 p.m. and 9:00 a.m.

B. Telephone Solicitation. 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 or purpose; provided, however, that this section shall not apply to prohibit any communication by telephone by persons personally known to each other, nor shall this section prohibit telephone solicitation of used property or merchandise by charitable organizations that collect such items as part of their fund-raising programs.

C. Promoters. No promoters shall, in any manner whatsoever, solicit or cause to be solicited within the city any contribution for any actual or purported charitable use, purpose, association, corporation or institution without a valid business license issued by the city business license division.

D. False Representation. No person shall make any representation in connection with any solicitation that such solicitation or charity is endorsed by the city or any other agency, entity or person, unless such an endorsement has in fact been given in writing. Issuance of a permit to solicit does not constitute an “endorsement” by the city. (Code 1971, § 2276)

Compliance with this chapter shall not be deemed to excuse compliance with California Business and Professions Code Sections 17510 through 17510.7. (Code 1971, § 2277)

If any section, sentence, clause, phrase or provision of this chapter, or the application thereof to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions or provisions of this chapter or their applicability to distinguishable situations or circumstances. In enacting this chapter, it is the desire of the council to regulate validly to the full measure of its legal authority in the public interest, and, to that end, the council would have adopted this chapter and each section, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions thereof might be invalid, in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this chapter are intended to be severable. (Code 1971, § 2278)