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ORDINANCE NO. 1004
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
REGULATING ,SOLICITATIONS FOR CHARITABLE,
PATRIOTIC, PHILANTHROPIC AND RELIGIOUS
PURPOSES. '
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
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ARTICLE I.
DEFINITIONS.
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SECTION 1. DEFINITIONS OF WORDS AND PHRASES. Unless it
is apparent from the context that another meaning is intended, the
following words, when used herein, shall have the meaning ascribed
to them by this Section:
a. "Committee" shall mean the Solicitations Advisory Com-
mittee created by this Ordinance to direct and carry out the purpose
of this Ordinance.
b. "Charity" shall mean any charitable, patriotic, reli-
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gious, philanthropic, benevolent or fraternal person, or any branch
or subsidiary thereof,. and any other person ministering to the
material or spiritual needs of human beings, either in the United
States or elsewhere, or inculcating patriotism.
c. "Person" shall mean an individual, group, firm, co-
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partnership, corporation, company, association, church, religious
sect, religious denomination, society, organization or league.
d. "Solicit" or "solicitation" shall mean to request, di-
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rectly or indirectly, money, property including discarded household
furnishings, newspapers, magazines, cast-off material, or financial
aSSistance of any kind including donations; or to sell, to offer
for sale or to exhibit any thing or object whatever to raise money,
including any article, tag, service, emblem, publication, ticket,
advertisement or subscription; or to secure or attempt to secure
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money or donations or other property by promoting any bazaar"sale,
dance, card party, supper or entertainmentj woether any of such acts
occur on the streets, in any office or public building, by house-to-
house canvass, in any public or private place, by telephone, by per-
sonal solicitation, by mail or in any other way in the City of
Arcadia.
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ARTICLE II.
SOLICITATIONS ADVISORY COMMITTEE.
SECTION 1. SOLICITATIONS ADVISORY COMMITTEE. A Sol1ci-
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tations Advisory Committee, composed of the City Manager, City
License Officer and the Chief of Police, is hereby created, to serve
without additional compensation. It shall be the duty of the Com-
mittee to investigate each application for a permit or certificate
required by the provisions of this Ordinance. It shall maintain
each application on file, together with its recommendation thereon,
all of which shall be subject to public inspection at any reasonable
time. The Committee shall have the power to issue and revoke per-
mits as hereinafter provided; to summon witnesses, take testimony,
direct investigations and conduct hearings; and to do and perform
all other acts which may be necessary or proper within the scope of
its duties and functions.
ARTICLE III.
CHARITABLE, PATRIOTIC AND PHILANTHROPIC SOLICITATIONS.
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SECTION 1. PERMIT REQUIRED. EXCEPTION. No person shall
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within the City of Arcadia solicit for any charity without a permit
from the City Manager authorizing such solicitation.
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The provisions of this Section shall not apply to any per-
son organized and operated wholly or partially for religious or
charitable purposes and not operated for the pecuniary profit of
any person, if the solicitation by such person is conducted only
among the members thereof by other members or officers thereof,
voluntarily and without remuneration for making such solicitation,
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or if the solicitation is in the form of collections or contribu-
tions taken or made at the regular assemblies or services of any
such person.
SECTION 2. APPLICATION FOR PERMIT. An application for a
permit to solicit as required by this Article shall be made 'to the
City Manager upon forms prescribed by him. Such application shall
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be sworn to or affirmed and filed with the City Manager at least
fifteen (15) days prior to the time at which the permit applied for
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is to become effective. The City Manager may, for good cause shown,
allow the filing of an application less than fifteen (15) days prior
to the effective date of such permit. The application herein re-
quired shall contain the following information or, in lieu thereof,
a statement satisfactory to the City Manager of the reason or rea-
sons why such information or any item thereof is not furnished:
a. A financial statement for the last preceding fiscal
year of any funds collected for charitable purposes by the appli-
cant, giving the amount of money so raised, the cost of raising it,
and the final distribution thereof.
b. A.full statement of the general character and extent
of the charitable work being done or to be done by the applicant,
showing how much thereof is being done or is to be done within the
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City of Arcadia.
c. A statement that the actual cost of the solicitation
will not exceed twenty-five percent (25%) of the total amount to be
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raised, or, if the cost of solicitation is expected to exceed
twenty-five percent (25%), a statement of what the maximum cost is
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expected to be, together with a statement of any special facts
tending to show that there are peculiar reasons which in the par-
ticular case make a cost higher than twenty-five percent (25%)
reasonable.
d. A statement to the effect that if a permit is granted
it will not be used or represented in any way as an endorsement of
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e. A statement to the effect that if a permit is granted,
no person under the age of sixteen years of age will be permitted to
solicit money.
f. The names and addresses of applicant's principal offi-
cers and management.
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g. The name and address of the person or persons who will
be in charge of conducting the solicitation.
h. The time when such solicitation will be made, giving
the dates preferred by applicant for the begirming and ending of
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such solicitation.
i. The amount of any wages, fees, commissions, expenses
and emoluments to be expended in cormection with the solicitation
with respect to which the 'application is'made, to whom to be paid,
and the amount thereof.
j. Such other information as may be required by the City
Manager or the Committee in order for them to determine the kind
and character of the proposed solicitation, and whether such solici-
tation is in the interests of and not inimical to the public welfare.
SECTION 3. INVESTIGATION OF PERMIT APPLICATIONS. The
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Committee shall examine all applications filed under this Article
and shall make, or cause to be made, such further investigation of
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the application and of the applicant as the Committee shall deem
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necessary in order for them to perform their duties under this Ordi-
nance. Upon request by the Committee, the applicant shall make
available for inspection by the Committee, or by any person desig-
nated in writing by the Committee as their representative for such
purpose, all of the applicant's books, records and papers at any
reasonable time before the application is granted, during the time
a permit is in effect, or within one year after a permit has expired.
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SECTION 4. STANDARDS FOR COMMITTEE ACTION. The Com-
mittee shall issue the permit provided for in this Article whenever
they shall find the following facts to exist:
a. That all of the statements made in the application are
truej
b. That the applicant, or if the applicant is not an in-
dividual person then its managing officers and managing agents, be
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c. That the control and supervision of the solic1tation
will be under responsible and reliable persons;
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d. That the applicant has not engaged in any fraudulent
transaction or enterprise;
e. That the solicitation will not be a fraud on the pub-
l1c;
f. That the solicitation is prompted solely by a desire
to finance the charitable cause described in the application, and
will not be conducted for private profit;
g. That the cost of raising the funds will be reasonable.
Any such cost in excess of twenty-five percent (25%) of the amount
collected shall be considered to be unreasonable unless special
facts are presented showing to the satisfaction of the Committee
that peculiar reasons make a cost higher than twenty-five percent
(25%) reasonable in the particular case;
h. That the kind, character and method of the proposed
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solicitation, the time when it will take place, and its duration,
are such that the solicitation will be in the interest of and not
inimical to the safety, convenience or welfare of the inhabitants
of the City of Arcadia.
SECTION 5. RECORDS AND NOTICES. The Committee shall
maintain for public inspection a written' statement of their find-
ings of fact and their decision upon each application. If the ap-
plication is denied, the Committee shall so notify the applicant
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by mail at the address given on the application, stating the reasons
therefor.
SECTION 6. PERMIT FORM AND TIME LIMIT. 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 is-
sued, the dates within which the permit holder may solicit, and a
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statement that the permit does not constitute an endorsement by the
City of Arcadia or by any of its departments, officers, or employ-
ees of the purpose of or of the person conducting the solicitation.
All permits must be signed by the City Manager. The Committee may
by permit grant the right to solicit on one or more single, non-
consecutive days in any calendar year, and may grant the right to
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solicit for any number of consecutive days not to exceed one year
.from the date of the permit. The Committee may renew any such per-
mit upon its expiration, if they are satisfied that the require-
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ments of this Article still are being met and that no violation of
this Ordinance has been committed. They may in their discretion
require a new application~ and their action upon such new applica-
tion shall be governed by the standards applicable to an original
application. No new permit, or renewal of an original permit,
shall be issued for more than one year.
Any person holding a valid permit under this Article may
authorize any number of individual persons to conduct and carryon
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the 'solicitation under such permit. Such authorization by the per-
mit holder shall be evidenced by a card or certificate, approved
as to form by the City Manager, issued to each individual person
so authorized. The card or certificate shall be signed by a duly
authorized officer or member of the permit holder, or stamp~d with
a facsimile signature of such officer or member, and shall be ex-
hibited to every person scilicited upon reCJ.uest.
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SECTION 7. PERMIT NON-TRANSFERABLE. No permit issued
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under this Ordinance shall be transferable.
SECTION 8. REVOCATION OF PERMITS. Whenever it shall be
shown or whenever the City Manager has reason to believe that any
person to whom a permit has been issued under this Ordinance has
violated any of the provisions of this Ordinance, or that any pro-
moter, agent or solicitor of a permit holder has misrepresented the
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purpose of the solicitation, the City Manager shall immediately sus-
pend the permit and give the permit holder written notice, in person
or by mail, of the suspension and of a hearing to be held by the
Committee within three (3) days after such suspension, to determine
whether or not the permit should be revoked. This notice must con-
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tain a statement of the facts upon which the City Manager has acted
in suspending the permit. At the hearing, the permit holder and
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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 Committee in de-
termining whether this Ordinance has been violated and whether the
purpose of the solicitation has been misrepresented. If after such
hearing the Committee finds that this Ordinance has been violated
or the purpose of the solicitation has been misrepresented, they
shall within two (2) days notify the permit holder that his permit
is revoked. If the Committee finds that this Ordinance has not been
violated, the permit holder shall be so advised and the suspension
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cancelled.
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SECTION 9. PERMITEE'S BOOKS AND RECORDS. Every person
who solicits any contribution for a charitable purpose shall main-
tain a system of accounting whereby all donations to and all dis-
bursements by such person are entered upon the books or records of
such person.
SECTION 10. PERMITEEIS REPORTS. Every person to whom a
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permit has been issued under this Ordinance shall, within sixty (60)
days after the solicitation has been completed, furnish to the City
Manager a detailed report and financial statement showing the amount
raised by the solicitation, the amount expended in collecting such
funds, a detailed report of the wages, fees, commissions, and ex-
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penses paid to any person in connection with such solicitation, and
the disposition of the balance of the funds collected by the solici-
tation. This report shall be available for public inspection at the
City Manager's office. The permit holder shall make available to
the City Manager, ,or to any person designated in' writing by the City
Manager as his representative for such purpose, all books, records
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and papers whereby the accuracy of such report may be checked.
ARTICLE tv.
RELIGIOUS SOLICITATIONS.
SECTION 1. CERTIFICATE REQUIRED. EXCEPTION. No person
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shall solicit contributions for any religious purpose within the
City of Arcadia without a certificate from the City Manager author-
izing such solicitation. The provisions of this article shall not
apply to any person organized and operated exclusively forrel1gious
purposes and not operated for,the pecuniary benefit of any person,
if the solicitations by such person are conducted only among the
members thereof by other members or officers thereof, voluntarily
and without remuneration for making such solicitations, or the soli-
citations are in the form of collections made or contributions
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given at the regular assemblies or services of any such established
person. Provided that when a certificate has been issued to any
person as defined in subsection "C" of Article I, other than to an
individual, then the individual agents and solicitors for such per-
son shall not be required to obtain individual certificates.
SECTION 2. APPLICATION. An appiication for a certificate
to solicit shall be made to the City Manager upon forms prescribed
by him. Such application shall be sworn to or affirmed, and shall
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contain the following information, or ,in lieu thereof a statement
satisfactory to the City Manager of the re~son or reasons why such
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information or a~y item thereof is not furnished.
a. A financial statement for the last preceding fiscal
year of any funds collected for religious purposes by the applicant,
said statement giving the amount of money so raised, together with
the cost of raising it and final distribution thereof;
b. A full statement o.f the general character and extent
of the religious work being done or to be done by the applicant,
also the character and extent of such work being done or to be done.
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within the City of Arcadia.
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c. A statement to the effect that if a certificate is
granted, it will not be used or represented in any way as an indorse-
ment by the City of Arcadia, or by. any department or officer thereof;
d. A statement to the effect that if a certificate is
granted, no person under the age of sixteen (16)' years of age will
be permitted to solicit money;
e. Such other information as may be required by the City
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Manager in order for him to determine the kind and character'of the
proposed solicitation.
Upon receipt of such application; the City Manager shall
forthwith issue to the applicant a Certificate of Registration.
~he Certificate shall remain in full force and effect for a period
of one year after the issuance thereof and shall be renewed upon
the expiration of such period by the filing of a new application.
Certificates of Registration shall bear the name and address of the
person by whom the solicitation is to be made, the number of certi-
ficate, the date issued, and a statement that the Certificate does
not constitute an indorsement by 'the City of Arcadia; or b~ any of
its departments or officers, of the purpose of the solicitation or
of the person conduct~ng the solicitation.
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, ARTICLE V.
INVESTIGATIONS, PROHIBITIONS, APPEALS, PENALTmS,
SEVERALBILITY AND REPEAL OF CONFLICTING ORDINANCES.
SECTION 1. INVESTIGATION OF PERSONS SOLICITING. The
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City Manager and the Committee are authorized to investigate the
affairs of any person soliciting for charitable or religious pur-
poses under a permit or certificate issued under the provisions of
this Ordinance, and may make public his or their written findings
in order that the public may be fully informed as to the affairs
of any of said persons. All such persons shall make available to
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the City Manager or to the Committee, or to any representative
designated by them in writing for such specific purpose, all books,
records or other information reasonably necessary to enable the City
Manager or the Committee to fully and fairly inform the public of
all facts necessary to a full understanding by the public of the
works and methods of operation of such persons. Five (5) days be-
~. fore the public release of any findings under this Section, the
City Manager or the Committee shall first serve a copy of said find-
ings upon the person investigated, and at the time of the release
of his or their findings, he or they must release a copy of any
written statement filed by such person in explanation, denial or
confirmation of said findings.
SECTION 2. PROHIBITIONS: USE OF FICTITIOUS NAME, FRAUDU- ,
LENT MISREPRESENTATION AND MISSTATEMENT OF FACTS. No person shall,
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directly or indirectly, soliCit for any purpose by misrepresentation
of his name, occupation, financial condition, social condition or
residence, and no person shall make or perpetrate any misstatement,
deception or fraud in connection with any solicitation for any
purpose in the City of Arcadia. or in any application or report
filed under this Ordinance.
SECTION 3. APPEALS. Any person aggrieved by any decision
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of the Committee may, within ten (10) days after mailing of notice
of such decision, appeal in writing to the City Council of the City
of Arcadia. The City Council shall, without unnecessary delay,
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hear and pass upon each such appeal at a regular meeting of the
City Council. The City Council's decision upon any such appeal
shall be final.
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SECTION 4. PENALTIES. Any person violating any, of the
provisions of this Ordinance or filing or causing to be filed an
application for a permit or certificate under this Ordinance con-
taining false or fraudulent statements shall, upon conviction
thereof, be subject to a fine of not more than Five hundred dollars
($500.00) or to imprisonment in the City Jailor County Jail not
exceeding six (6) months, or both. If the violation charged be
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soliciting for any charitable purposes without a permit, or solicit-
mng for any religious purpose without a certificate, each separate
_. act of solicitation shall constitute a separate offense.
SECTION 5. REPEAL OF CONFLICTING ORDINANCES. All ordi-
nances or parts of ordinances in conflict with the provisions of
this Ordinance be and the same are hereby repealed.
SECTIO~ 6. . SEVERABILITY' PROVISIONS. CONSTITUTIONALITY .
If any part or parts, subsection, sentence"cl~use, or phrase of
this Ordinance is for any reason declared unconstitutional or other-
~ wise invalid, such decision shall not affect the validity of the re-
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~ maining portions of this Ordinance, which shall remain standing as
though this Ordinance had been passed with the unconstitutional or
invalid part or parts, subsection, sentence, clause or phrase there-
of eliminated; and the Council of the City of Arcadia hereby declares
that it would have passed this Ordinance if such unconstitutional or
invalid part or parts, subsection, sentence, clause or phrase had
not been inc,luded therein.
SECTION 7. CERTIFICATION. The City Clerk shall certify
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to the adoption of this Ordinance and prior to the expiration of
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fifteen (15) days from the passage thereof shall cause the same to
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be published once in the Arcadia Tribune and Arcadia News, a news-
paper of general circulation, published and circulated in the Ctty
of Arcadia.
I HEREBY CERTIFY that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 26th day of November, 1957, by the affirmative vote of
+ at least three Councilmen, to wit:
AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold
and Dennis
NOES: None
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ABSENT: None
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Ci Y C er ~f th~tY 0 rca ia' ,
SIGNED AND APPROVED
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