HomeMy WebLinkAboutCC Ord 1106 1982-02-22
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ORDINANCE NO. L/~
AN ORDINANCE OF THE CITY OF SEAL BEACH
ESTABLISHING REGULATIONS FOR CHARITABLE
SOLICITATION AND AMENDING THE CODE OF THE
CITY OF SEAL BEACH BY ADDING CHAPTER 11,
ARTICLE IV.
,
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
, HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 11 of the Code of the City of
Seal Beach is hereby amended by adding an Article IV to read
as follows:
ARTICLE IV. CHARITABLE SOLICITATION
Section 11-201. Definitions.
la) .Solicit. and .solicitation" mean the request,
directly or indirectly, of money, credit, property, financial
assistance or other things of value on the plea or representa-
tion 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 section,
conducted door to door, in any place of public accommodation,
in any place of business open to the public generally, on
the city streets and sidewalks, in the public parks, on the
public beaches or in any public places. These words also
mean and include the following methods of securing such
money, credit, property, financial assistance or other thing
of value, when conducted in the following manner:
(1) Any oral or written request;
(2) The local distribution, circulation,
posting or publishing of any handbill, written advertisement
or other local publication;
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(3) The sale of any goods, services, or other
tangible items.
A solicitation, as defined in this subsection,
shall be deemed completed when made, whether or not the
person making the same receives any contribution or makes
any sale referred to in this subsection.
(b) .Charitable. means and includes the words
patriotic, philanthropic social services, welfare, benevolent,
educational, religious, civic or fraternal, either actual or
purported~
(c) .Contributions. means and includes the words
alms, food, clothing, money, property, subscription or
pledge, and also donations under the guise of loans of money
or property~
Cd) .person. shall mean any individual, firm,
copartnership, corporation, company, association, joint
stock association, church, religious sect, religious denomina-
tion, society, organization, or league and shall include any
trustee, receiver, assignee, agent, or other similar repre-
sentative thereof.
(e) .City Manager. means that person whose duties
and responsibilities are described in Section 2-14 of this
Code and any person designated in writing by the City
Manager as the City Manager's representative.
Section 11-202. Charitable Solicitations - Permit
Required. No person shall solicit contributions for any
charitable purpose within the city without having obtained a
permit from the City Manager authorizing such solicitation~
provided, that when a permit has been issued to any person
defined in Section 11-201, other than an individual, the
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individual agents and solicitors for such person shall not
be required to obtain individual permits. No person, with
or without such a permit, shall enter private property to
solicit contributions for any charitable purpose without the
permission of the owner or occupant thereof.
Section 11-203. Exemptions. The provisions of
this Article shall not apply to solicitations made upon
premises owned or occupied by th~ organization on whose
behalf such solicitation is made, nor to solicitation for
the relief of specific individuals specified by name at the
time of the solicitation, where the solicitor represents in
each case that the entire amount collected, without any
deduction whatever, shall be turned over to the named
beneficiary, nor shall it be applicable to any corporation
or unincorporated association soliciting contributions
solely from persons who are members thereof at the time of
such solicitation.
Section 11-204. Application for permit.
(a) An application for a permit to solicit shall
be made to the City Manager upon forms prescribed by him.
The application shall be sworn to or affirmed and filed with
the City Manager at least ten (10) days prior to the time at
which the permit applied for shall become effective, provided,
however, that the City Manager may for good cause shown
allow the filing of an application less than ten (10) days
prior to the effective date of the permit applied for. The
City Manager shall either grant or deny the requested permit
within ten (10) days of the date the application is made.
In the event the City Manager fails to act within the time
prescribed he~ein, the permit sh~ll be deemed granted.
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(b) The application herein required sh~ll contain
the following information:
(1) The name, address or principal office of
the person applying for the permit~
(2) If the applicant is not an individual, the
names and addresses of the applicant's principal officers
and executives~
(3) The purpose for which the solicitation is
to be made, the total amount of funds proposed to be raised
thereby, and the use or disposition to be made of any
receipts therefrom~
(4) The name and address of the person or
persons who will be in direct charge of conducting the
solicitation, and the names of all fund raisers connected to
or to be connected with the proposed solicitation~
(5) A short outline of the method or methods
to be used in conducting the solicitations~
(6) The time when such solicitations will be
made, giving the preferred dates and hour of day for the
commencement and termination of the solicitation~
(7) A full statement of the character and
extent of charitable or religious work being done by the
applicant within the city~
(8) A statement to the effect that if a
permit is granted, it will not be used or represented in any
way as an endorsement by the city or by any department or
officer thereof~
(9) Such other information as may be reasonably
required by the City Manager in order for him to determine
whether the solicitation will not endanger the physical
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health or safety of the inhabitants of the city~
(10) If, while any application is pending, or
during the term of any permit granted thereon, there is any
change in fact, policy, or method that would alter the
information given in the application, the applicant shall
notify the City Manager in writing thereof within twenty-four
(24) hours after such change.
Section 11-205. Investigation. The City Manager
shall examine all applic~tions filed under Section 11-204
and shall make, or cause to be made, such further investigation
of the application and the applicant as the City Manager
shall deem necessary in order for him to perform his duties
under this Article. upon request by the City Manager, the
applicant shall make available for inspection by the City
Manager all of the applicant's financial books, records, and
papers at any reasonable time before the application is
granted, during the time a permit is in effect, or after a
permit has expired. Said financial books, records, and
papers are to be inspected by the City Manager solely for
determining the truth of the information cont~ined in the
application or the truth of any representation made by the
permit holder with regard to the receipts of any solicitation
conducted under this Article.
Section 11-206. Issuance of Permit. The City
Manager must issue the permit unless any of the following
have been demonstrated:
(a) That any statement made in the application is
factually incorrect~
(b) That the solicitation is not made for the
charitable cause described in the application~
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(ei That the kind, character and method of the
proposed solicitation, the time when it will take place, and
its duration are such that the solicitation will endanger
the physical health or safety of the public,
(d) That the applicant has not complied with the
provisions of this Article.
Section 11-207. Renewal by the City Manager.
Upon the expiration of any permit and if requested in
writing so to do, the City Manager must renew the permit
within ten (10) days of such request if the factual informa-
tion upon which the original application was granted remains
unchanged and that no violation of this Article has been
committed. The City Manager may require a new application
subject to the provisions of this Article.
Section 11-208. Form of Permit. Permits issued
under this Article shall bear the name and address of the
person to whom the permit is issued, the number of the
permit, the date issued, the dates within which the permit
holder may solicit, and a statement that the permit does not
constitute an endorsement by the city or by any of its
departments, officers or employees of the purpose of or of
the person conducting the solicitation and a brief written
statement describing by approximate percentage the disburse-
ment of all funds solicited under the permit. All permits
must be signed by the City Manager.
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Section 11-209. Term of Permits. All permits
issued under this Article shall be valid for a period of
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thirty (30) days unless renewed, revoked or suspended
pursuant to the provisions of this Article. Upon good cause
shown, the City Manager may issue a permit which may be
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valid for more than thirty (30) days, but in no event shall
a permit be valid for more than six (6) months.
Section 11-210. Permit Non-Transferable. Any
permit issued under this Article shall not be transferable,
or assignable.
Section 11-211. Identification Card. All persons
to whom permits have been issued hereunder shall furnish an
Identification Card to their agents and solicitors which
Card is required to be in the possession of agents and
solicitors and presented when soliciting. Identification
Cards shall include the permit number, the name and address
of the permittee, a statement describing permittee's charitable
purpose and activity, the signature of permittee's chief
executive officer, the name and signature of solicitor to
whom card is issued and the specific period of time during
which solicitation is authorized.
No person shall solicit any contributions unless
he exhibits an Identification Card of a form approved by the
City Manager and reads it to the person solicited or presents
it to the person solicited for his perusal, allowing him
sufficient time to read it, before accepting any contribution
so solicited.
Section 11-212. Denial of Permits. In the event
the City Manager denies a permit to any applicant, the City
Manager shall within two business days give the applicant
written notice in person, or by registered mail, of the
denial, stating with specificity the reasons for such
denial.
Section 11-213. Revocation of Permits. Whenever
it shall be shown that any person to whom a permit has been
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issued under this Article has violated any of the provisions
thereof, or that any promoter, agent, or solicitor of a
permit holder has misrepresented the purpose of the solicita- II
tion, the City Manager shall immediately suspend the permit,
and within two business days, give the permit holder written
notice in person, or by registered special delivery mail, of
the revocation, or suspension stating with specificity the
reasons for the suspension or revocation. The City Manager
shall report such suspension or revocation to the City
Council at the next regular meeting of that body following
his action.
Section 11-214. Appeals from Action of City
Manager. If an applicant or permit holder is aggrieved by
any action to deny, suspend or revoke a permit by the City
Manager, such applicant or permit holder may appeal to the
City Council by filing with the City Clerk a statement
addressed to the City Council setting forth the facts and
circumstances regarding the action by the City Manager. The
City Clerk shall set a time and place for hearing the appeal
and notify the applicant or permit holder. The City Council
at its next regular meeting, held not more than thirty (30)
days from the date on which the appeal shall have been filed
with the City Clerk, shall hear the applicant or permit
holder, the City Manager, and all relevant evidence and shall
determine the merits of the appeal and render a decision
thereon within three (3) business days of the hearing.
In the event the City Council affirms the decision
of the City Manager to deny, revoke or suspend any permit
under this Article, the City Council shall, within two (2)
business days thereof, give the aggrieved applicant or
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permit holder written notice in person or by registered mail
of the City Council's action, stating with specificity the
reasons for their decision. The action of the City Council
shall be final and appealable to the Superior Court of the
State of California pursuant to Code of Civil Procedure
Section 1094.5.
The right to appeal to the City Council from the
denial, suspension or revocation of any permit granted under
this Article shall terminate upon the expiration of fifteen
(15) days following written notice of the City Manager's
action.
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Section 11-215. Notice of Suspension or Revocation.
The chief of pOlice shall be notified forthwith by the City
Manager of the suspension or revocation of any permit issued
under this Article.
Section 11-216. Books and Records. 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
official books or records of such person's treasurer or
other financial officer.
Section 11-217. Report Required for Permit
Holder. It shall be the duty of all persons issued permits
under this Article to furnish to the City Manager within
ninety (90) days after the expiration of the permit, a
report and financial statement showing the amount raised by
the solicitation, the amount expended in collecting such
funds, including a report of the wages, fee, commissions,
and expenses paid to any person in connection with such
solicitation, and th~ disposition of the balance of the
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funds collected by the solicitation. The permit holder m~y
be required by the City Manager to make available for the
City Manager's inspection all financial books, records and
papers whereby the accuracy of the report may be verified.
Section 11-219. Manner of Solicitation.
(a) No person to whom a permit has been issued
under this Article, nor any of the agents or solicitors of
such person, shall affix any object to the person of any
contributor, or member of the public, without first receiving
express permission therefor from such contributor or member
of the public.
(b) No person to whom a permit has been granted
under this Article, nor any of the agents or solicitors of
such person, shall persistently and importunately request
any donation from any member of the public after such member
of the public expresses his desire not to make a donation.
(c) No person to whom a permit has been granted
under this ArtiCle, nor any of the agents or solicitors of
such person, shall intentionally and deliberately make, or
cause to be made, any noise under such circumstances that
the person making such noise, or causing such noise to be
made, knows, or as an average reasonable man should know, is
so unreasonably loud as to substantially interfere with and
disrupt the conduct of any lawful business of another.
(d) No person to whom a permit has been granted
under this Article, nor any of the agents or solicitors of
such person, shall intentionally and deliberately obstruct
the free movement of any person on any street, sidewalk or
other public place or in any place open to the public
generally.
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(e) No person to whom a permit has been granted
under this Article, nor any of the agents or solicitors of
such person, shall place or cause to be placed any table,
chair, signboard or other such standing object on any
street, sidewalk or other public place or in any place open
to the public generally.
(f) No person to whom a permit has been granted
under this Article, nor any of the agents or solicitors of
such person, shall solicit from a captive audience. .Captive
Audience. shall be defined as purposefully stationary
persons, such as persons on lines or seated in public areas.
Section 11-219. Time of Solicitation. It shall
be unlawful for any person to go upon private residential
premises after sunset or earlier than 8:00 a.m. for the
purpose of solicitation, unless such person has been requested
or invited to do so by the owner or occupant of said premises.
Section 11-220. Written receipts required. Any
person receiving money or anything having a value of $5.00
or more from any contributor under a solicitation made
pursuant to a permit granted under this Article 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, however, that this
section shall not apply to any contributions collected by
means of a closed box or receptacle used in solicitation
with the written approval of the City Manager, where it is
impractical to determine the amount of each contribution.
Section 11-221. Fraudulent Misrepresentation.
(a) No person shall directly or indirectly solicit
Ordinance NUmber I'I'~~
contributions for any person by misrepresentation of his
name, occupation, financial conditions, social condition,
residence or principal place of business, and no person
shall make or cause to be made any misstatement of fact,
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deception, or fraud in connection with any solicitation of
any contribution for any person in the city, or in any
application or report filed under this Article.
(b) No charitable organization or professional
fund raiser soliciting contributions shall use a name,
symbol, or statement so closely related or similar to that
used by another charitable organization or governmental
agency that the use thereof would tend to confuse or mislead
the public.
(c) Nor shall a charitable organization or profes-
sional fund raiser solicit funds by the use of statements or
material that would indicate that such funds were being
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raised for an organization or agency from which organization
or agency explicit permission for the raising of such funds
has not been received in accordance with other provisions of
this Article.
Section 11-222. Authority of City Manager.
Nothing in this Article shall be construed as granting to
the City Manager, or to any other person, the authority to
grant, deny, revoke, renew or suspend any permit by reason
of his disapproval of or agreement with the philosophy,
opinion, or beliefs of the applicant, permit holder or the
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person such applicant or permit holder represents, or for
any other reasons not specifically provided for in this
Article.
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Section 11-223. Penalties. Any person. as hereinbefore
defined or any agent, servant, employee. or officer thereof violating
any of the provisions of this Article, or who aids or abets in the
procuring of a violation of any provision, part or portion of this
Article. or who files or causes to be filed an application for a permit
containing false or fraudulent statements of fact, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not
more than five hundred dollars for each offense, or undergo imprison-
ment for not more than six months. or both. Each violation shall be
deemed a separate offense. and shall be punishable as such.
Section 11-224. Severability. It is the intention of
the City Council that each separate provision of this Article shall
be deemed independent of all other provisions herein. and it is further
the intention of the City Council that if any provision of this Article
is declared invalid. other provisions thereofshall remain valid and
enforceable.
PASSED, APPROVEO, AND AOOPTEO by the City Council
City of Seal Beach at a regular meeting thereof held on the
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of the
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
AYES:
Beach. California, and
ify that the foregoing
, 1982 I
of
NOES: Councilmembers
ABSENT: Councilmembers
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Ordinance Number II(}~
PROOF OF PUBLICA liON
(2015,5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States lind a
res/dent of the County aforesaid; I am over
ihe age of eighteen years. and not a party 10
or Interested In the above-entitled matter. I
am the principal clerk of the printer of the
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a newspaper of general clr
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County of Orange. and which news,
paper has been adjudged a newspal'8r
of general cIrculation bV the Superior
Court of the County of Orange, State of
California. under the date of.A, 19 (;:/.
Case NumiHlr ~.tt.V:f.J..; that the notice,
of which the annexed Is a printed copy (set
In tVpe not 'smaller than nonpareil I, has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates.
to-wit: J
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all in the year 19.~
I certlfv (or dedar..l under pena Ity of
perlury that the foregoing Is true and
correct .
Dated at..~....~......
California. this.../...t!.r.day Of~ 191.;;.....
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Ignature
P.... capl.1 of thll blink form m., IN Heunll from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Welt Second SP., Los Angeles. Calif. 90012
Telepilone: 12131625-2541
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PROOF OF PUBLICA liON
(2015.5 C.C.P.)
"
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party 10
or Interested In the above-entitled matter. I
am the principal clerk of the printer of the
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a newspaper of general cl
and published...... ... ..
In the City of ...Jdl.1<t.... ...
County of Orange. and which news,
paper has been adludged a newspal'l!i'
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date of. ~,. 19/tt.
Case Number .J?;i-i..J..i.1..; thatthe notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil). has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates.
to-wit:
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all in the year 19.JI:-:'
I certify (or declare,) under penalty of
perjury that the foregoing Is true and
correct.
Dated at ....~......~.....
Callfor"')hls..0!"~daY o~ 19.11.0
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.{SIgnature
Free copl" of this blink form ml' be IICUred from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC.
Legal Advertising Clearing House
120 Wesl second S~. Los Angeles. Calif. 90012
Telephone: /2131625-2541
P'I.II'eQu..'GENERAL Pl'oolof Publlcltlon
when .rderinq this 'Ofm.
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OATED THIS 23rd de, or:,
February 1182.' .'~
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_3.1982 ,
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