Chapter 5.24
CHARITABLE SOLICITATIONS*
Sections:
5.24.030 Written permission--Use by association name.
5.24.040 Permit--Application to solicit.
5.24.060 Credentials required.
5.24.070 Written receipts for contributors.
5.24.090 Final report required.
* For statutory provisions on charitable solicitations, see Bus. and Prof. Code §17510 et seq.
5.24.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following words and phrases are defined:
A. "Charitable" means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
B. "Contributions" mean and include the words alms, food, clothing, money, subscription, property, or donations under the guise of a loan of money or property.
C. "Solicit" and "solicitation" mean the request, made directly or indirectly, for 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 charitable purpose as those purposes are defined in this chapter. These words also mean and include the following methods of securing money, credit, property, financial assistance, or other thing of value on the plea or representation that it will be used for a charitable purpose as defined in this section:
1. Any oral or written request;
2. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;
3. The making of any announcement in the newspapers, over the radio, by telephone or telegraph, concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering which the public is requested to patronize or to which the public is requested to make a contribution for any charitable purpose connected therewith;
4. The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, merchandise, subscription, ticket, or other thing in connection with which any appeal is made for any charitable purpose; or where the name of any charitable person or organization is used or referred to in any such appeal as an inducement or reason for making any such sale; or when or where in connection with any 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 purpose; or when or where the name of any charity, philanthropy, or charitable association is used or referred to in any such appeal as an inducement or reason for making any such sale; or when or where in connection with any 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 purpose or association;
5. "Solicitation," as defined in this section, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale. (Ord. 82 §1, 1957).
5.24.020 Permit--Required.
No person shall solicit contributions for any charitable purpose within the city without a permit from the city clerk upon the recommendation of the city council; provided, that the provisions of this section shall not apply to any established person organized and operated exclusively for religious or charitable purpose and not operated for the pecuniary profit of any person, if the solicitations by such established person are conducted among the members thereof by other members or officers thereof for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person, or if the solicitations are in the form of memberships for organizations well known and registered with the city clerk and sought for the purpose of securing additional persons interested in the objectives of the soliciting organization. (Ord. 82 §2, 1957).
5.24.030 Written permission--Use of association name.
No person shall use the name of any association in charge or control of any charitable activity in any solicitation without having written permission from two of the officers of such association, to use its name or the name of or reference to such charitable activity, which written permission must be for a specific event or a specified period of time. A copy of such permission shall be filed with the city clerk prior to any such use. (Ord. 82 §3, 1957).
5.24.040 Permit--Application to solicit.
An application for a permit to solicit shall be made to the city council upon forms provided by the city at the office of the city clerk. Such application shall be sworn to and filed with the city clerk at least fifteen days prior to the time the permit applied for shall become effective; provided, that the city council may, for good cause shown, allow the filing of an application less than fifteen days prior to the effective date of the permit applied for. The application required in this section shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:
A. The name and address of the applicant;
B. The exact 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 in which the amount of any compensation, intended to be paid to any person out of such proceeds, shall be paid;
C. The total amount which is sought to be raised;
D. The names and addresses of all persons on its board of trustees or its governing body, and also the names and address of all persons who will receive compensation in any way for the solicitations;
E. The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested;
F. Contemporaneously with the filing of the application, the applicant shall deposit with the city clerk a bond or guaranty for the faithful performance of the provisions of this chapter as established in the master fee schedule as amended from time to time. Such sum is to be returned to the applicant upon denial of the application if it is denied, or, if the application is granted, then to be returned to the applicant upon the order of the city council when it is satisfied that the applicant has met all requirements of this chapter;
G. Such other information in respect to the character, past activities, and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the city council to make a full and complete investigation;
H. Within fifteen days of filing an application, the city council shall determine whether to grant or deny the permit to solicit. The permit shall be granted if the council determines that the application provides the information required by this section. (Ord. 23-02 §3, 2023; Ord. 92-16 §2, 1992; Ord. 82 §4, 1957).
5.24.050 Fees.
There shall be no fee for a permit or investigation charge under this chapter. (Ord. 82 §5, 1957).
5.24.060 Credentials required.
All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors 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 permit holder or the holder’s chief executive officer, and the name, address and signature of the solicitor. Such credentials shall be filed with the city clerk at the time the application for a permit is approved. No person shall solicit under any such permit unless the credentials required by this section and a facsimile copy of the permit shall be shown upon request to all persons solicited and to any police officer of the city. The city council may waive the requirements of this section, or any portion thereof, if in its judgment such requirements would create a hardship on soliciting organizations using large numbers of volunteer workers. (Ord. 82 §6, 1957).
5.24.070 Written receipts for contributors.
Any person receiving money or anything having a value of one dollar or more from any contribution under a solicitation made pursuant to a permit granted by the city council shall give to 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; provided, that this section shall not apply to any contributions collected through the United States mails or by means of a closed box or receptacle used in solicitations with the written approval of the city council where, it is impractical to determine the amount of such contributions. (Ord. 82 §7, 1957).
5.24.080 Accounting required.
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 and records of such person’s treasurer or other financial officer. (Ord. 82 §8, 1957).
5.24.090 Final report required.
It shall be the duty of all persons to whom a permit is issued to furnish to the city clerk, within thirty days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation. Such report shall be available for public inspection at the office of the city clerk at any reasonable time; provided, that the city council may extend the time for the filing of the report required by this section for an additional period of thirty days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the city council, or to any person designated in writing by the city council as its representative for such purpose, all books, records and papers whereby the accuracy of the report required by this section may be checked. (Ord. 82 §9, 1957).
5.24.100 Prohibited acts.
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. 82 §10, 1957).
5.24.110 Violation--Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or not more than two hundred fifty dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment. (Ord. 82 §11, 1957).