Chapter 5.48
CHARITABLE AND NONPROFIT SOLICITORS
Sections:
5.48.010 Prerequisites for solicitors.
5.48.020 Identification permit—Application.
5.48.030 Application—Review—Denial conditions.
5.48.040 Application—Approval conditions.
5.48.050 Hours for soliciting—Term of permit—Renewal.
5.48.060 Suspension or revocation of permit.
5.48.070 Appeal procedures.
5.48.010 Prerequisites for solicitors.
It is unlawful for any person to go upon the premises of any private property in the City without an invitation by the person in possession of such premises, for the purpose of soliciting contributions or sales for any charitable or nonprofit purpose, without having first applied for and obtained a permit to do so from the City Police Department. (Ord. 937 (part), 1984)
5.48.020 Identification permit—Application.
A. Any application for an identification permit to engage in the activities referred to in Section 5.48.010 shall provide the following information:
1. The name of any organization on whose behalf contributions are to be solicited, its address and telephone number, and the names of its principal officers;
2. The name and date of birth of the applicant, and of each person who will be involved in the solicitation, fingerprints of each such person, and payment of a sum equal to the cost of processing the fingerprints by the State Department of Justice and by the City Police Department. The Chief of Police, at his discretion, may exempt certain organizations from the fingerprinting process. Such exemption shall be given to those groups which have been in existence, locally, for two or more years and have an established business location;
3. The permanent home address and telephone number, and the business address and telephone number of the applicant, and of each person who will be involved in the solicitation. If the applicant does not have a local telephone number, the name and telephone number of a local person to contact shall also be supplied;
4. If a vehicle or vehicles are to be used, a description of each, together with the license number of each;
5. A statement as to whether or not the applicant and each person who will be soliciting has been convicted of a felony or misdemeanor involving crimes against persons or property;
6. The information required by California Business and Professions Code Section 17510.3 (Solicitation or Sales for Charity; disclosure requirement . . .), with the required card or brochure attached and, if any, a letter from the state exempting the applicant from tax;
7. An endorsed/filed copy of the applicant’s articles of incorporation, if any;
8. A statement of the dates the applicant desires to solicit.
B. All information required in subsection A of this section shall be submitted under penalty of perjury. (Ord. 937 (part), 1984)
5.48.030 Application—Review—Denial conditions.
The Chief of Police or his delegee shall review the application and approve it unless he or she finds:
A. That the applicant, or one or more of the listed solicitors, has been convicted of a felony or misdemeanor involving a crime against persons or property, or any other crime which may be rationally related to door-to-door solicitation; or
B. That the applicant or one of the listed solicitors has been convicted of a violation or attempted violation of any sex crime, as enumerated in Penal Code Section 290(a), as follows: Assault with intent to commit rape, the infamous crime against nature or sodomy under Section 220, or any offense defined in Sections 266, 267, 268, 285, 286, 288, 288A, 289, Subdivision 1 of Section 647a, Subdivision 2 or 3 of Section 261, Subdivision (a) or (d) of Section 647, or Subdivision 1 or 2 of Section 314, or of any offense involving lewd and lascivious conduct under Section 272;
C. That the information required by Business and Professions Code Section 17510.3 has not been provided in the required form. (Ord. 937 (part), 1984)
5.48.040 Application—Approval conditions.
If the application is not rejected within two months from the date of the application, it shall be deemed approved. If the application is disapproved for failure to comply with subsection C of Section 5.48.030, the applicant shall be granted a permit immediately upon his compliance with the requirements of subsection C of Section 5.48.030. (Ord. 937 (part), 1984)
5.48.050 Hours for soliciting—Term of permit—Renewal.
Solicitations shall be limited to the hours of eight a.m. to eight p.m. Permits shall be valid for two weeks, and may be renewed for an additional two-week period. A permit may not be issued more than one time in any six-month period for any one organization. (Ord. 937 (part), 1984)
5.48.060 Suspension or revocation of permit.
A. Any permit to engage in the activities referred to in this chapter may be suspended or revoked at any time by the Chief of Police for the following reasons:
1. Intentional misrepresentation of a fact material to the granting or denying of the permit;
2. Discovery that the permit holder or one of the solicitors has been convicted of a felony or misdemeanor involving a crime against persons or property and rationally related to door-to-door solicitation;
3. Discovery that the permit holder or one of the solicitors has been convicted of a violation or attempted violation of any sex crime, as enumerated in subsection B of Section 5.48.030 of this chapter;
4. Failure to comply with Business and Professions Code Section 17510.3 during the solicitation;
5. The permit holder or any of the persons involved in solicitation is found by a court to have engaged in fraudulent activity while in the process of soliciting, any violation of trespass statutes or crime against persons or property;
6. Failure to comply with Section 5.48.050.
B. Prior to such suspension or revocation, the Chief of Police shall give the permit holder reasonable notice of the Chief’s intent to suspend or revoke the permit, and shall give the permit holder the opportunity to be heard as to why the permit should not be suspended or revoked. If the Chief suspends or revokes a permit, he or she shall state to the permit holder, in writing, the reason for the action. (Ord. 937 (part), 1984)
5.48.070 Appeal procedures.
A. Any person aggrieved by any action of the Police Department taken pursuant to this chapter may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within ten calendar days after notice of the action complained of has been received by such person, a statement setting forth fully the grounds of such appeal. A suspended or revoked permit shall remain suspended while the appeal is pending.
B. The appeal shall be heard at the next regularly scheduled meeting of the City Council occurring not less than five or more than fourteen days from the date the appeal is filed. If no regularly scheduled meeting is to be held during such time period, a special meeting shall be held for purposes of hearing the appeal.
C. When a date for hearing the appeal has been set, the City Clerk shall forthwith give written notice of the date, time and place of hearing, by mail, postage prepaid, to the appellant at his or her last known address. The decision and order of the Council on such appeal shall be final. (Ord. 937 (part), 1984)