Vernon Municipal Code Ch. 5.52 Solicitations

For the purpose of this chapter, the following words and phrases are defined as set forth unless it is apparent from the context that a different meaning is intended.

"Contribution"

includes food, clothing, money, property, gifts, anything of value, or any donation under the guise of a loan of money or property.

"Person"

includes an individual, a partnership, a nonprofit association, a corporation, or any other organization or entity engaged in solicitation.

"Philanthropic"

includes charitable, social service, benevolent, patriotic or civic activity whether actual or purported.

"Solicit" or "solicitation"

means to request, directly or indirectly, contributions, or to sell or offer for sale, or to exhibit any thing or object whatsoever to raise money, including any article, tag, service, emblem, publication, ticket, advertisement, or subscription; or to secure or attempt to secure money, donations or contributions by promoting any bazaar, sale, dance, card party, super, or entertainment; whether any such acts occur on the streets or in any office or private or public building, or by house to house or building to building canvass, or in any public or private place, or by telephone, except as may be exempted by the provisions of this chapter.

(Prior code § 19.40)

No person, without having first applied for and received a permit from the Chief of Police as provided for in this chapter, shall make any appeal to the public or any individual or representative thereof for a philanthropic or religious purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any sale, bazaar or exhibition, or by any other means whatsoever, at any place or to any person within the City.

(Prior code § 19.41)

No person or persons or corporations or representatives thereof, or other business entities, without having first applied for and received a permit from the Chief of Police as provided for in this chapter, shall sell or solicit, for or on behalf of any person, firm, association or corporation, 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 such person, firm, association, or corporation, except as the same may be exempted under this chapter.

(Prior code § 19.42)

Any person or persons, firm, association or corporation desiring to do any of the acts set forth in Sections 5.52.020 and 5.52.030 shall file an application with the Chief of Police upon a form prescribed by the Chief of Police. Such application shall set forth the following information: The name and address of the applicant; whether the applicant is affiliated with or working for any other organization than the one for which the solicitation is intended; the location of the National, State, and local headquarters of the applicant, if any; the name or names and addresses of all persons in charge of the applicant's activities within the City, a specific statement and, if available, financial statements showing the need for the contribution proposed to be solicited; the total amount which is sought to be raised; the bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested; what records of funds received will be kept and where; where such records will be open to the public, including, but not limited to, representatives of the Police Department; the expenses of solicitation, including all commissions, costs of collection, salaries, and other items, if any, regardless of from what funds such expenses are payable; whether a uniform or identification will be worn or carried by the solicitors, and whether the uniform or identification worn or carried resembles that of any other group in the City conducting a similar type of activity; such other information in respect to the character and past or proposed activity of the applicant or the parties directly interested in or engaged in the work as may be necessary to enable the Chief of Police to make a full and complete investigation.

(Prior code § 19.43)

The Chief of Police, upon the receipt of the application as set forth in Section 5.52.040, shall conduct such investigation as he or she may deem necessary. In connection with such investigation, the Chief of Police shall have the power to investigate the allegations contained in the application, or any statements or reports filed therewith pertaining to such solicitation, and to have access to and inspect and make a copy of all of the books, accounts and papers of the applicant and shall further have the power to investigate at any time the methods of making or conducting any such solicitation.

(Prior code § 19.44)

The Chief of Police may, if he or she so desires, demand of the applicant additional information, records, books, reports, material or testimony which may reasonably be necessary to enable the Chief of Police to complete his or her investigation, and the failure of the applicant to supply such books, records, reports, material, or testimony shall be deemed to be an abandonment of the application, unless the same is provided within a reasonable time after demand therefor.

(Prior code § 19.45)

The Chief of Police shall, after his or her investigation, issue a permit to solicit philanthropic or religious contributions within the City if he or she makes the following findings of fact:

A. That all of the statements made in the application or supplements thereto are true.

B. That the applicant has a good character and reputation for honesty and integrity or, if the applicant is not an individual, that the responsible members thereof or managing officer or agent have a good character or reputation for honesty and integrity.

C. That the control and supervision of the solicitation will be under responsible and reliable persons.

D. That the applicant has not engaged in any fraudulent transaction or enterprise.

E. That the solicitation will not be a fraud on the public.

F. That the solicitation is prompted solely by a desire to finance the philanthropic cause or religious cause described in the application and will not be conducted primarily for private profit.

G. That the cost of raising the funds will be reasonable.

(Prior code § 19.46)

If the Chief of Police cannot make the findings as set forth in Section 5.52.070, he or she shall refuse to grant the permit as set forth in Section 5.52.020. Further, if, after issuing a permit, the Chief of Police should determine that the public welfare and convenience require the suspension of such permit, he or she shall immediately notify the applicant of the suspension of such permit forthwith. Such suspension shall become permanent unless appealed to the City Council.

(Prior code § 19.47)

Any applicant aggrieved by the decision of the Chief of Police, either to deny the permit required or to suspend one having previously been issued, may appeal such decision to the City Council in accordance with the provisions of this chapter. The City Council shall be the final determining body as to whether such application should be granted or, in the alternative, whether the suspension of an existing permit shall be rescinded or whether the permit shall be revoked.

(Prior code § 19.48)

No permit issued under this chapter shall be transferable.

(Prior code § 19.49)

The revocation of a permit or the failure to grant a permit as herein provided shall not be a bar to the prosecution of the holder thereof for a violation of any provision of this chapter.

(Prior code § 19.50)

Individuals soliciting contributions for a philanthropic or religious purpose as set forth in this chapter are not required to obtain individual permits from the City or apply for the same so long as they solely solicit for philanthropic or charitable contributions upon behalf of an applicant who has received a valid permit pursuant to this chapter, but such individuals shall comply with the provisions of California Business and Professions Code Section 17510.3.

(Prior code § 19.51)

The Chief of Police is hereby empowered to waive the whole or any part of the provisions of Section 5.52.040 as and if the Chief of Police shall deem such waiver necessary when, and only in the case of any philanthropic or religious applicant applying for such waiver for the purpose of meeting any extraordinary emergency or calamity, time is of the essence for needed relief.

(Prior code § 19.52)

No person or association or applicant, in making any solicitation for any philanthropic or religious purpose within the City or in connection with such solicitation or application for a permit as set forth herein shall use or give to any person or association whomsoever either a fictitious name or an alias or any other than his or her or its own full, true, and correct name, or make any such solicitation without at the time giving to the person or association solicited for such contribution the full, true, and correct name of the person or association soliciting, or try to impersonate any other person or association in making such solicitation and, further, shall upon demand of the person solicited produce for inspection by such person solicited identification indicating the solicitor's association with an applicant having received a permit as set forth in this chapter.

(Prior code § 19.53)

No person shall make or perpetrate any misstatement, deception, or fraud in connection with the solicitation of any contribution for any philanthropic or religious purpose or association, or for the application for a permit to solicit contributions as set forth in this chapter.

(Prior code § 19.54)

No permit shall be required for any solicitation through the United States mail.

(Prior code § 19.55)

No person shall use or cause to be used a telephone to accomplish any of the acts set forth in Sections 5.52.020 and 5.52.030 without first complying with the provisions of Article 1.4 of Chapter 1 of Part 3 of Division 7 (commencing with Section 17511) of the California Business and Professions Code.

(Prior code § 19.56)

Any permit issued by the Chief of Police as provided for in this chapter may be restricted in time and in geographical area within the City and in no event shall any permit be granted by the Chief of Police for a period longer than one year from the date of issuance.

(Prior code § 19.57)

Each and every permit granted pursuant to this chapter shall contain the following language:

This permit has been granted pursuant to Ordinance 790 of the City of Vernon, authorizing philanthropic or religious solicitation within the City of Vernon. The granting of this permit does not constitute an endorsement or recommendation by the City of Vernon or its officers, agents, or employees.

(Prior code § 19.58)

The following solicitations for contributions by philanthropic or religious organizations shall be deemed exempt from this chapter:

A. Solicitation by box or receptacle in an established place of business within the City with the written consent of the owner or occupant of such premises.

B. Vending machines wherein all or a portion of the receipts therefrom are received by charitable groups who have been determined to be nonprofit corporations or organizations for a period in excess of five years prior to the placing of such vending machines in any location within the City.

C. The solicitation of philanthropic or religious contributions, or the promotion of any bazaar, sale, or exhibition or other act of appeal to the public for a charity made by members of any religious or charitable organization which has been in existence in and which regularly has maintained headquarters or a place of worship in the City of Vernon for a period of at least five years next preceding the date on which such activity shall be begun.

(Prior code § 19.59)

Every violation of this chapter is hereby declared to be a public nuisance.

(Prior code § 19.60)