Chapter 5.28
CHARITABLE AND RELIGIOUS SOLICITATIONS
Sections:
5.28.020 Soliciting – Permits required.
5.28.030 Permits – Applications.
5.28.040 Permits – Granting or denying.
5.28.050 Carrying of credentials.
5.28.070 Solicitations by mail.
5.28.080 Telephone solicitations.
5.28.090 Denial of permit applications – Hearings.
5.28.100 Permits – Suspension and revocation.
5.28.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:
“Bona fide member” means any person who has been on the membership rolls of any charitable or religious organization for a period of at least sixty days prior to the date of the filing of an application for a permit.
“Charitable” means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
“City Manager” shall mean the City Manager or his designee.
“Contribution” means and includes food, clothing, money, subscriptions, property or donations given or solicited, either directly or under the guise of a loan.
“Person” means any individual, group of individuals or legal entity.
“Professional solicitor” means any person who, for pecuniary compensation, solicits or holds himself out to the public as engaged in the business of soliciting contributions for, or on behalf of, any other person or any charitable or religious association, or conducts any drive or campaign for any such purpose.
“Religious” and “religion” shall not be included within the meaning of the word “charitable” as defined in this section but shall be given their commonly accepted definitions.
“Solicit” and “solicitation” means the direct or indirect request for money, pledges, credit, property, financial assistance or other things of value (whether by way of donation or as a consideration for services or the sale of things) upon the plea that such items will be used for a charitable or religious purpose. A solicitation shall be deemed completed when such a request has been made. (Ord. 1601, Prior code § 4-23.01)
5.28.020 Soliciting – Permits required.
No person, without first having applied for and received a permit from the city manager as provided in this chapter, shall make any appeal to the public for a 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 or by any other means whatsoever at any place or to any person in the city; provided, however, the provisions of this section shall not apply to any person if the solicitations are conducted among the members of the soliciting agency thereof. (Prior code § 4-23.02)
5.28.030 Permits – Applications.
Any person desiring to do any of the actions set forth in Section 5.28.020 shall file an application with the city manager or his delegate upon forms provided by the city. Such application shall be sworn to and filed at least fifteen days prior to the time at which the permit applied for shall become effective; provided, however, the city manager, for good cause shown, may permit the filing of an application less than fifteen days prior to the effective date of the permit applied for. Such application shall set forth the following information:
A. The name and address of the applicant and whether the applicant is affiliated with or working for any organization other than the one for which such solicitation is intended;
B. The location of the national, state and local headquarters, if any;
C. The names and addresses of all persons directly interested in, or who in any manner shall be engaged in the work:
1. Each professional solicitor shall be required to present proof of identification to and be photographed and fingerprinted by the police department. A fee in the amount set by resolution of the City Council shall be paid to the City to cover such costs.
2. The signature of each professional solicitor shall accompany the application;
D. The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used, including the manner in which, and the amount of, any compensation is intended to be paid to any person, firm, association, or corporation out of such proceeds;
E. The total amount which is sought to be raised;
F. The bank or place, including the branch, address, and account numbers, where all or any part of the funds raised by such activity will be placed on deposit or invested;
G. What records of funds received will be kept, and where, and where such records will be open to the public;
H. The time when such solicitation shall be made, giving the preferred date for the beginning and ending of such solicitation;
I. A statement that no person under the age of sixteen years shall be used as a solicitor without constant and direct supervision by a responsible adult;
J. A statement of what times during each day the solicitation shall be conducted; and
K. Whether the uniform or identification worn or carried resembles that of any other group in the area conducting a similar type of activity. (Ord. 1601 § 36, 2000; Ord. 1511 § 3, 1996; prior code § 4-23.03)
5.28.040 Permits – Granting or denying.
Should the city manager, after an investigation of the applicant and of the representations contained in the application, be of the opinion that the applicant has not stated true facts in his application, or that if a permit should be granted to the applicant a fraud in all probability would be perpetrated upon the public, the city manager may refuse to issue a permit to such applicant. Should the city manager be satisfied that the application is truthful and that the applicant is acting in good faith, a permit shall be issued to such applicant for such period of time as the applicant may request; provided, however, no permit may grant the right to solicit longer than ninety days from its date, but the city manager may extend any permit for not more than ninety additional days upon a showing that an unnecessary hardship would be created by a failure to extend the original ninety day period for such additional days.
Such permits issued 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, the signature of the permit holder, the signature of the city manager or his authorized representative, and a statement that the permit does not constitute an endorsement by the city. (Prior code § 4-23.04)
5.28.050 Carrying of credentials.
All persons or organizations to whom such permits have been issued, and all professional solicitors, shall furnish proper credentials to their agents and solicitors for such solicitations. 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 permit holder or of the holder’s chief executive officer, the name, address, age, sex, 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 shall be filed with the city manager. No person shall solicit under any permit granted pursuant to the provisions of this chapter without the credentials required by this section and a facsimile copy of the permit in his possession. Such credentials and the facsimile copy of the permit shall be shown, upon request, to all persons solicited and to any employee of the city. (Prior code § 4-23.05)
5.28.060 Written receipts.
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 the provisions of this chapter shall give the 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. (Prior code § 4-23.06)
5.28.070 Solicitations by mail.
No permit shall be required for any solicitation through the United States mail. (Prior code § 4-23.07)
5.28.080 Telephone solicitations.
No person shall use, or cause to be used, a telephone to accomplish any of the acts set forth in this chapter, unless such person is a bona fide member of an organization in whose name a permit has been issued. (Prior code § 4-23.08)
5.28.090 Denial of permit applications – Hearings.
A. If any person is aggrieved by any ruling of the city manager upon any application filed pursuant to the provisions of this chapter, such aggrieved person may file with the city clerk within five days a statement addressed to the council setting forth the full contents of the application filed and the action taken thereon, together with written exceptions to the findings of fact upon which the city manager based his denial of the application.
B. The council, at a regular meeting held not more than twenty-one days after the date on which such appeal was filed with the city clerk, shall hear the applicant, the witnesses, and the city manager and shall determine the issue, and the ruling of the council thereon shall be final. (Prior code § 4-23.09)
5.28.100 Permits – Suspension and revocation.
A. Any permit issued may be suspended immediately by the city manager whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit has been issued under the provisions of this chapter has violated any applicable law or any of the provisions of this chapter, or that any promoter, agent or solicitor of a permit holder is not operating in accordance with the application pursuant to which such permit was issued, or if further activity of the permittee would operate to defraud the public. The city manager shall give the permit holder written notice, by registered mail directed to the address of the applicant as stated upon the application pursuant to which the permit was issued, of a hearing to be held within three days after such suspension to determine whether or not the permit should be revoked. Such notice shall contain a statement of the facts upon which the city 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 city manager based the suspension of the permit and any other facts which may aid the city manager in determining whether the provisions of this chapter have been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the city manager finds that the provisions of this chapter have 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 city manager finds that the provisions of this chapter have not been violated and the purpose of the solicitation has not been misrepresented, he shall, within two days after the hearing, give to the permit holder a written statement cancelling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.
B. Any professional solicitor, as defined in Section 5.28.010, who has contracted with, or intends to contract with, any charitable or religious organization for the purpose of conducting a solicitation in the city shall possess a valid business license pursuant to the provisions of Section 5.08.510 of this code.
C. Failure to comply with any part of this chapter by any professional solicitor or organization, or failure by the professional solicitor to fulfill the contract or agreement entered into by the professional solicitor and organization, shall be considered justification for the suspension of the business license pursuant to provisions of Section 5.04.240 of this code. (Prior code § 4-23.10)