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HomeMy WebLinkAboutCC Ord 952 Failed ," ORDINANCE NUMBER q~). AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING A NEW CHAPTER TO THE CODE OF ORDINANCES PERTAINING TO CHARITABLE AND RELIGIOUS SOLICITATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The Code of the City of Seal Beach, California, is hereby amended to add Chapter IDA thereto, which shall read as follows: CHAPTER IDA REGULATION OF CHARITABLE AND RELIGIOUS SOLICITATION Sections: I IDA-D. IDA-I. lOA-2. lOA-3. . lOA-4. lOA-So IDA-G. lOA-7. lOA-S. lOA-9. lOA-IO. IDA-H. lOA-12. lOA-13 . lOA-l4. IDA-IS. lOA-l6. lOA-17 . IDA-IS. I ARTICLE I In General Definitions. Soliciting. Selling or Soliciting Tickets. Application for Permit. Investigation. Standards to be Applied in Granting or Denying Applications for Charitable and Religious Solicitation Permits. Appeals from an Action of City Manager. Permits; Revocation. Exceptions. Charitable Solicitation Permits - Form. Permit Nontransferable. Agents' and Solicitors' Credentials. Unlawful to Solicit without a Permit. Hours of Solicitation in Residential Areas. Books and Records of Permit Holders. Report Required by Permit Holder. Waiver of Requirements in Extraordinary Emergency. Solicitation by Mail. Telephone Solicitation. Section IDA-D. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: (a) SOLICITATION. A "solicitation" as defined herein shall be deemed completed when made, whether or not the person making the same receives any J~d /-d>-:$~ Ordinance Number contribution or makes any sale referred to in this Section. I (b) CHARITABLE. The term "charitable" shall mean and include the words patriotic, phi1an- thr9pic, scientific research,. social science welfare, benevolent, educational, civic or fraternal, either actual or purported. (c) RELIGIOUS and RELIGION. and "religion" as used herein include the word "charitable" but shall be defined as: (1) A belief common, not necessarily ferring to supernatural powersl The term "religious" shall not mean and as herein defined, re- (2) A cult involving a gregarious associa- tion openly expressing the be1iefl (3) A system of moral practice directly resulting from an adherence to the be1iefl I (4) An organization within the cult designed to observe the tenants or beliefs, the con- tent of such beliefs being of no moment. (d) CONTRIBUTIONS. The term "contribution" shall mean and include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. (e) PERSON. The term "person" shall mean any individual, firm, copartnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof. (f) PROMOTER. The term "promoter" shall mean any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise or organize a campaign of solicitation. (g) PROFESSIONAL SOLICITOR. The term "professional solicitor" shall mean any person other than a pro- moter who is employed or retained for compensation to make solicitations for charity or who directs or supervises other persons who are engaged in making solicitations for charity. (h) APPLICANT. The term "applicant" shall mean "person", as herein and above defined, who applies for a permit. I Section lOA-I. Soliciting. No person, unless specifically exempted by this Chapter, 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 a -2- . Ordinance Number charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations or sub- scriptions or by promoting or conducting any sale, bazaar, exhibition, or by any other means whatsoever at any place, or to any person in the City. I Section IOA-2. Selling or Soliciting Tickets. No person, unless specifically exempted by this Chapter, without having first applied for and received a permit from the City Manager, as provided in this Code, 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 at a fixed place of business in the City. No person shall solicit any contribution or gift in connection with any amusement, show, entertainment, lecture or other enterprise where such sale or solicita- tion is for other than a charitaole purpose and is re- presented, advertised, held out, implied or made to appear as a sale, solicitation, contribution or gift to a charity or religious organization. I Section IOA-3. Application for Permit. Any person desiring to do any of the acts mentioned in Section IOA-I and IOA-2 shall file an application with the City Manager. Said application shall set forth the following information: (a) the name and address of the applicant, and whether the applicant is affiliated or working with any organization other than the one for which this solicitation is intended; (b) location of national, state and local headquarters, if any; (c) the names and addresses of all persons directly interested in, or who in any manner will be engaged in solicitation in the City; (d) the main purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, pre- sentation, amusement, show, lecture, entertain- ment or other enterprise or any part thereof are to be used; including the manner in which, and the amount of, any compensation intended to be paid to any person, firm, association or corporation out of such proceeds; I (e) the total amount which is sought to be raised; (f) the bank or place 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, where such records will be k~pt, and a statement that such records will be open to the public for inspection; -3- Ordinance Number (h) whether the uniform or identification worn or carried resembles that of any other group in the City conducting a similar type of activity; I (i) such other information as reasonably requested by the City Manager pertaining to the character, past and proposed activity of the applicant, and the parties directly interested or engaged in the work, as may be necessary to enable the City Manager to make a full and complete investigation. I Section lOA-4. Investigation. The City Manager, upon receipt of an application complying with the requirements of Section lOA-3 and containing the information required thereby, shall conduct such investigation as he may deem necessary. The applicant (its officers, if other than an individual) and any pro- fessional solicitors to be employed in connection with the proposed solicitation shall be fingerprinted by the Seal Beach Police Department unless this requirement is waived by the City Manager. Upon request by the City Manager, the applicant shall make available for inspection by the City Manager, or any person designated in writing by the City l~nager as his representative for that purpose, all the applicant's books, records and papers relevant to the application, at any reasonable time before the application is granted, during the time the permit is in effect, or within one (1) year after a permit has expired. Section 10A-5. Standards to be Applied in Granting or Denying Applications for Charitable and Religious Solicita- tion Permits. The City Manager shall issue the permit provided for in this Chapter whenever he shall find the following facts to exist: (a) all the statements made in the application tion are true; (b) the applicant has a good character and reputa- tion for honesty and integrity; (c) the control and supervision of the solicita- tion will be under responsible and reliable persons; (d) the applicant has not engaged in any fraudulent transaction or enterprise; (e) the solicitation will not be a fraud on the public; I (f) the solicitation is promoted solely bY. the desire to finance the religious or charitable cause described in the application and is not to be con- ducted primarily for profit; (g) the total percentage of funds or property collected to be devoted to charitable or religious purposes will be reasonable. If it appears that less than seventy-five percent (75%) of the gross -4- Ordinance Number amount collected within the City will be devoted to charitable or religious purposes, no permit shall be granted unless special facts are pre- sented showing that such lesser percentage is reasonable in the particular case~ /1 (h) if the applicant has collected or intends to collect, funds or property in other cities, or derives revenue from other sources, that the applicant's total overhead and administrative costs are not excessive. Any such cost in excess of twenty-five percent (25%) of the gross amount of money and/or property collected by the applicant in any fiscal year shall be considered to be un- reasonable unless special facts are presented showing that such higher costs are reasonable in the particular case. I Any permit granted to an applicant shall be for such period of time as the applicant may request, provided, however, that no permit shall be valid for a period of more than six (6) months from the date of issuance, and provided further that, as a condition to granting such permit, the City Manager may require the applicant to file a bond with the City Clerk in the sum of one thousand dollars ($1,000.00) in the form provided by the City Attorney, conditioned pay- able to the person, firm, association or corporation specified in the application, if the principal thereof shall fail to devote, payor use the entire proceeds or the percentage thereof specified in the application derived from the activity mentioned in the application to the person, firm, association or corporation for or on whose account or benefit such activity was conducted or carried on. I Section 10A-6. Appeals from an Action of City Manager. If an applicant is aggrieved by any action, or failure to act on the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this Chapter, such applicant 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 or failure to act on the part of the City Manager. The City Clerk shall notify the applicant in writing of the time and place for hearing his appeal. The City Council, at its next regular meeting held not less than fifteen (15) days' from the date on which such appeal shall have been filed with the City Clerk, shall hear the applicant, the City Manager and all relevant evidence and shall determine the merits of the appeal. In making its determination with respect to the granting or denial of such permit, the City Council shall be guided by the standards set forth in Section IDA-I. The action by the City Council thereon shall be final. The right to appeal to the City Council from the denial or revocation of any permit required by this Chapter shall terminate upon the expiration of ten (10) days following the deposit of a registered letter in the United States Post Office advising applicant of the action of the City Manager and his right to appeal such action to the City , -5- Ordinance Number Council. I Section ~OA-7. Permitsl Revocation. Any permits issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued, or if further activity of said permittee would operate to defraud the public. Such revocation may be made by registered letter, signed by the City Manager, and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. Said permit shall become null and void on and after the third (3rd) day from the date on which said letter is deposited in the United States Post Office in the City of Seal Beach. Section IOA-S. Exceptions. No permit shall be required for the solicitation of gifts, contributions, donations or subscriptions, or the promotion of any bazaar, sale or exhibition, or other act of appeal to the public for a charitable or religious institution, made by the members of any religious or chari- table organization which has been in existence in, and which regularly has maintained headquarters, or a place of worship in the City of Seal Beach for a period of at least three (3) years next preceding the date on which such activity shall be begun. \ I The provisions of this Chapter shall not apply to any established religious or charitable organization organized and operating exclusively for religious or chari- table purposes, if the solicitations by such established organization are conducted among the members thereof by other members or officers thereof, voluntarily and without remUneration for making such solicitation; or if the solici- tations are in the form of collections or contributions at the regular assemblies or services of such established organization. Section IOA-9. Charitable Solicitation Permits - Form. Permits issued under this Chapter shall bear the name and address of the person (or organization) 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, a statement that the permit does not authorize the conduct of any event or activity prohibited by law, and a statement that the permit does not constitute an endorse- ment by the City or by any of its departments, officers, or employees. All permits must be signed by the City Manager or his authorized representative, and by the permit holder or such holder's chief executive. I Section lOA-IO. Permit Nontransferable. Any permit issued pursuant to this Chapter shall not be transferable or assignable. Section lOA-Il. Agents' and Solicitors' Credentials. All organizations to whom permits have been issued pursuant to this Chapter shall furnish credentials to their solicitors for such solicitation. Such credential shall include the name of the permit holder, the date, a state- -6- Ordinance Number I ment describing said holder's charitable activity, a description of the purpose of the solicitation, the signature of the permit holder or one of the holder's executive officers, the name, ad- dress, age, sex and signature of the person to whom the creden- tial is issued, and the specific period of time during which the solicitation is authorized. I Upon receipt of credentials, agents and solicitors must take the credentials to the police station between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday, where the agent and/or solicitor will have his thumbprint placed thereon. A copy of such credentials must be filed with the City Manager at the time the application for a permit is filed, and must be approved by him as conforming to the requirements of this Section. The City Manager may require such additional information to be endorsed on said cre- dentials as shall, in his opinion, be of assistance to the public in determining the nature and worthiness of the charity for which the solicitation is to be made. The City Manager may deny the privilege of soliciting to any agent or solicitor of the permit holder whenever he determines that the agent and/or solicitor is not of good character and reputation for honesty and integrity or has been convicted of any misdemeanor or felony. Such credentials must be shown to all persons solicited and, upon request, to any police officer of the City. Section 10A-12. Unlawful to Solicit without a Permit. Except as provided herein, no agent or solicitor shall so- licit contributions for any charitable purpose from any person in the City of Seal Beach unless such agent or solicitor has in his possession proper credentials as described in Section lOA-II, issued by a person who has obtained a valid permit pursuant to this Chapter. Section 10A-13. Hours of Solicitation in Residential Areas. No person shall solicit contributions for any charitable or religious purpose in any residential area of the City at a time other than between 10:00 A.M. and 8:00 P.M. on any day except Sun- day, and at any time between the hours of 12 noon and 6:00 P.M. on Sundays. Section 10A-14. Books and Records of Permit Holders. No person or organization shall solicit any contribution for any charitable purpose without maintaining a system of account- ing whereby all contributions and disbursements are entered upon the books and records of such person's or organization's treasurer or other financial officer. I Section lOA-IS. Report Required by Permit Holder. All persons issued permits pursuant to this Chapter shall furnish to the City Manager, within sixty (60) days after the so- licitation has been completed, a report and financial statement showing the amount raised by the solicitation and the amount ex- pended in collecting such funds, including a report of wages, fees, commissions and expenses paid to any person. in connection with said solicitation, and the distribtuion of the balance of the funds col- lected by the solicitation. The report shall be available for public inspection at the City Clerk's Office at any reasonable time. The permit holder shall make available to the City Manager, or any person designated in writing by the City Manager as his representa- tive for such purpose, all books, records and papers whereby the accuracy of the report required by this Section may be checked. -7.- I I I Ordinance. Number ." Section l'OA-16. Waiver of Requirements in Extra- ordinary Emergency. The City Manager may waive the requirements of this Chapter in whole or in part when he decides waiver is necessary in order that the charitable or religious associa- tion applying therefor may meet an extraordinary emergency or great public calamity requiring immediate aid. Section lOA-17. Solicitation by Mail. No permit shall be required for any solicitation through the United States Mail. Section lOA-lB. Telephone Solicitation. No person shall use or cause to be used a telephone to accomplish any of the acts set forth in Sections lOA-l and IOA-2 unless such person is a bonafide member of an organization in whose name a permit has been issued pur- suant to the provisions of this Chapter, and provided such person making such solicitation does not receive any compensation therefor. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting thereof, held on the day of , 197 . MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS. ) I, , City Clerk of the City of Seal Beach and ex-officio clerk of the City Council of the City of Seal Beach, do hereby certify to the passage and adoption of the foregoing Ordinance by the City Council at a regular meeting held on the day of , 197_, by the following vote: AYES: Councilmen NOES: Councilmen ABSENT: Councilmen . City Clerk -B-