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HomeMy WebLinkAbout1004 . 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: + ARTICLE I. DEFINITIONS. -1- 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- , , 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- '0 , , partnership, corporation, company, association, church, religious sect, religious denomination, society, organization or league. d. "Solicit" or "solicitation" shall mean to request, di- . . ., . 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 -1- 1004 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. .. ARTICLE II. SOLICITATIONS ADVISORY COMMITTEE. SECTION 1. SOLICITATIONS ADVISORY COMMITTEE. A Sol1ci- J- . .' 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. , . \0 SECTION 1. PERMIT REQUIRED. EXCEPTION. No person shall , ' within the City of Arcadia solicit for any charity without a permit from the City Manager authorizing such solicitation. v 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, -2- 1004 , 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 + . 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 J' 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 . 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 r raised, or, if the cost of solicitation is expected to exceed twenty-five percent (25%), a statement of what the maximum cost is - 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 -3- 1004 . _. 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. ... 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 ~ 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 - Committee shall examine all applications filed under this Article and shall make, or cause to be made, such further investigation of ... the application and of the applicant as the Committee shall deem ... 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. -4- 1004 ~ 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 + of good character and reputation for honesty and integritYj c. That the control and supervision of the solic1tation will be under responsible and reliable persons; , ,', 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 .. , .. 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 . -5- 1004 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 .. 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 J 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- ...~ 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 . 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. " " SECTION 7. PERMIT NON-TRANSFERABLE. No permit issued -6- 1004 ,- 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 T 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- ), tain a statement of the facts upon which the City Manager has acted in suspending the permit. At the hearing, the permit holder and -.. 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 '+ cancelled. " '"' 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 -7- 1004 l' ~' 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- ~ 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 .J and papers whereby the accuracy of such report may be checked. ARTICLE tv. RELIGIOUS SOLICITATIONS. SECTION 1. CERTIFICATE REQUIRED. EXCEPTION. No person r-' 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 .... .... 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 -8- 1004 t' ,~, contain the following information, or ,in lieu thereof a statement satisfactory to the City Manager of the re~son or reasons why such t , , 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. j within the City of Arcadia. --, 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 + 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. .. ,.. ~ . , , -9-" 1004 .. , ARTICLE V. INVESTIGATIONS, PROHIBITIONS, APPEALS, PENALTmS, SEVERALBILITY AND REPEAL OF CONFLICTING ORDINANCES. SECTION 1. INVESTIGATION OF PERSONS SOLICITING. The '~ 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 .J 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, .. " .. 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 .-'- -10- 1004 -r" 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, . 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. "" 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 .J 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- '.;, ~ 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 ,~ to the adoption of this Ordinance and prior to the expiration of -11- 1004 ,- fifteen (15) days from the passage thereof shall cause the same to ~ 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 ..J ABSENT: None ~,~~ Ci Y C er ~f th~tY 0 rca ia' , SIGNED AND APPROVED ,A ~ -12- 1004