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HomeMy WebLinkAbout4901 , . RESOLUTION NO. 4901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA K~ING FINDINGS OF FACT REGARDING THE APPLICATION OF TclE HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY, ALSO KNO\olN AS "MOONIES", FOR A CERTIFICATE OF REGISTRATION FOR RELIGIOUS SOLICITATION AND DIRECTING THE CITY MANAGER NOT TO ISSUE SAID CERTIFICATE BASED ON THE DISCREPANCIES, INCOMPLETENESS, AND MISRF~RESENTATIONS OF SAID APPLICATION AND ON SAID FINDINGS OF FACT WHEREAS, on Tuesday, February 19, 1980, at 7:30 p.m., a public hearing was held by this City Council at a regularly scheduled meeting on the application of the "Holy Spirit Asso,ciation for the Unification of World Christianity", also known as "Moonies" and referred to hereinafter as such, for a certificate of registration for religious solicitation pursuant to the Arcadia Municipal Code, at which time all persons were allowed to testify and present evidence and at which no representative ,of applicant testified though having received notice of said hearing, and which hearing was continued to March 18, 1980 due to incompleteness and discrepancies in said application, and also due to its incompleteness and the discrepancies, applicant was requested to submit financial statements signed by a Certified Public Accountant licensed by the State of California; illIEREAS, on Tuesday, March 18, 1980, at 7:30 p.m., the continued public hearing was held by this City Council at a regularly scheduled meeting at which time all persons were 'given opportunity to testify and present evidence and at which no representative of applicant was present though having received notice of said hearing, and applicant having expressly declined to appear at said hearing, saId hearing was thereafter further continued to our regularly scheduled meeting at 7:30 p.m., April 1, 1980, again due to the continued incompleteness of applicant's application and failure of applicant to submit its financial statement. \oIHEREAS, at our regularly scheduled meeting on April 1, 1980 at 7 :30 p.m., the continued public hearing was held by this City Council at which time all persons were given opportunity to testify and present evidence, including applicant's representative, Renee Elaine Pearson, and applicant's legal counsel, Larry Roberts, who did testify and p.resent evidence;' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. That based on the testimony and written documentation submitted at aforesaid public hearings, we hereby make the following findings of fact: A. We hereby take judicial notice of the fact that on December 3, 1957 the City Council of the City of Arcadia duly adopted Ordinance No. 100/ which adopted Article VI, Chapter 6, Part 1 Divisions 1-5 of the Arcadia Municipal Code pertaining to Religious and Charitable Solicitations. _ Division 4 of aforesaid part entitled "Religious Solicitations" ""'~ -1- 4901 provides as follows: 6614. CERTIFICATE REQUIRED.. No person shall solicit contributions for any religious purpose within the City without a certificate from the 1'>janager authorizing such solicita.tion. 6614.1. EXCEPTION. The provisions of this Division shall not apply to any per:ion organized and operated exclusively for religious purposes and not operated for the pecuniary benefit of any person, if the solicitations by such persons are conducted only among the members thereof, by other members or officers thereof. voluntarily and without remuneration for mak- ing such solicitations, or the solicitations are in the (orm 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 6611.3 other than to an individual, then the individual agents and solicitors for such person shall not be re- quired to obtain individual certificates. 6614.2. APPLICATION. An application for a certificate to solicit shall be made to the Manager upon forms prescribed by him. Such application shall be sworn to Or affirmed, and shall contain the information spec:uied in the following subsections, or in lieu thereof a statement satisfactory to the MCinCiger of the reason or reasons why such information or any item thereof is not furnished. 6614.2.1. Flli'ANCIAL STATEMENT. 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, to- get~er with the cost of raising it and final distribution thereof. 6614.2.2. EXTENT OF RELIGIOUS WORK. A full statement of the general character and extent of the religious work being done or to be done by the applicant, and the character and e>.ient of such work being done or to be done within the City. 6614.2,3. CITY ENDORSEMENT. A statement to the, effect that if a certificate is granted, it will not be used or represented in any way as an endo:,sement of the solicitation or person by the City or by any department or officer thereof. 6614.2,4, SOLICITOR'S AGE. A statement to the effect that if a certificate is granted, no person under the age of sixteen (16) years of age v;ill be permitted to solicit money. 6614.2.5. GENERAL. Such other information as may be required by the Manager in order for him to determine the kind and character of the proposed solicitation. 6614.3. CERTIFICATE. Upon receipt of such application, the Manager shall forthwith issue to the applicant a Certificate of Registration. 661,,".4. SAME. DURATION. The certificate shall remain in full force and effect for a period of one (1) year 21ter the Issuance thereof and ;-:':-,;111 be rene',l:ed upon the expiration of such period by the filing of a new ;i.;:lplic::.tion. 5614.5. SAME. FORM. Certificates of Reg-lstration shall bear the n.:=.me J.r.d address of the person by whom the solicitation is to be made, {i-,e nuxber of certificate, the date issued and a statement that the certifi- ote eol's not constitl~te an endorsement by the City, or by any of its de- r':\:"~l":":E':1ts 0:" o!~ic:ers. of t~e purpose of lhis solicitation or of the person '':)I:cuct~n~ the solicitation. B. That on Wednesday, January 9, 1980, Renee Elaine Pearson, Public Relations Officer, residing at 11700 Arkansas Street, Artesia, California, subscribed and swore before a Notary Public an Application for Certificate of Registration for Religious Solicitation (hereinafter referred to as "Application") to solicit in the City of Arcadia between Thursday, January 10, 1980 and Thursday, July 10, 1980 on behalf of the applicant Moonies. Aforesaid Application was not filed with the City of Arcadia until Friday, January 11, 1980. C. On Thursday, January 10, 1980, of the day before filing the Application, at 6:20 a.m., a representative of Applicant Moonies, named Holly Sue Foss, age 26, was seen by Officer Ron Buckholtz of the Arcadia Police Department -2- 1n a wheelchair in front of at 7-11 Market at 1003 South Baldwin, Arcadia, with a bunch of flowers and a display case containing numerous jewelry articles in- dicating she was accepting donations for the "Unification Church in Artesia". The officer advised subject she ,,'as in violation of the Arcadia Municipal Code and after argument she agreed, to cease further activity. At 7: 15 a.m, of the same date the officer again observed subject in front of Bob's Big Boy, a restaurant at 1440 South Baldwin Avenue, Arcadia, again in a wheelchair with her display case near her. Witnesses confirmed subject was exchanging articles for money. The officer then issued a citation to subject Foss for violating Arcadia Municipal Code 6614, soliciting without a Certificate of Registration for Religious Solicitation. On Friday, February 8, 1980, subject Foss appeared in the Los Angeles Municipal Court, Santa Anita Judicial District, and pled guilty to the charge, and was sentenced to 30 days in the Los Angeles County Jail, suspended on the condition she serve two years summary probation and commit no violations of the Arcadia Municipal Code, nor solicit in any area without a license where a license is required. Subject Foss also gave her address as 11700 Arkansas, Artesia, California. D. Subject Application filed by Applicant "Moonies" on Friday, January 11, 1980, specified Subject Holly Sue Foss as one of the proposed solicitors. E, Subject Application did not contain a financial statement of Applicant Moonies for the last preceding fiscal year of funds collected by Applicant, the amount raised, together with the cost of raising or its final distribution. Applicant Moonies did submit a report indicating $10,350 gross receipts received by Applicant in the City of Arcadia. between January 1, 1979 and December 1, 1979, expenses of gifts, candy and flowers $1,238, transportation gas and small repair expense $295. Applicant's Representative, Renee Elaine Pearson, admitted these monies were solicited and received by Applicant without first having applied for or receiving a Certificate of Registration for Religious Solicitation for the City of Arcadia. Said solicitations were made and the $10,350 was collected in the City of Arcadia for a one-year period in violation of Arcadia Municipal Code 6614. F. On March 7, 1980 Applicant "Moonies" Representative, Renee Elaine Pearson, mailed a letter to the City's Business License Officer, J. Robert Sullivan, specifying that the statement of gross receipts received within the City of Arcadia between 1/1(79 and 12/1/79 without a Certificate previously submitted with the Application was incorrect and that the ending date was 12/31/79 and not 12/1/79 and that the gross receipts in the City of Arcadia were $1650 more than specified, $332 more for candy and flowers and $55 more for transportation. G. That the City Manager of the City of Arcadia referred Subject Application to the Solicitation Advisory Committee of the City of Arcadia, composed of the City Manager, Business License Officer and Chief of Police, which committee referred Subject Application to this Council for public hearings held at i.ts regularly scheduled meetings at 7:30 p.m. on Tuesday, -3- o . . February 19, 1980, March 18, 1980 and April 1, 1980, as aforementioned in this Resolution. H. That Applicant Moonies at direction of this Council on. February 19, 1980 were thereafter requested to submit a financial statement of . Applicant as required by Arcadia Municipal Code Section 6614.2, and that on March 7, 1980 and' on April 1, 1980 Applicant's Representative expressly refused to submit said statement and in lieu thereof submitted the aforedescribed report of funds illegally solicited in the City of Arcadia between 1/1/79 and 12/31/79. We hereby find, therefore, that Applicant's refusal to submit said financial constitutes an unsatisfactory reason for failure to submit the same. I. That based on Applicant's express representation in the sworn to Application that Applicant agreed to make available to the City's Solicitation Advisory Committee all books, records or other information reasonably necessary to a full understanding of the works and methods of operation of the Applicant and based on the inadequacy of the sworn Application and discrepancies found therein that this Council requested that any financial statement of Applicant so submitted be signed by a Certified Public Accountant licensed by the State of California and, based on Applicant's refusal to submit such information, this Council finds that the aforedescribed express agreement contained in said sworn Application was a misrepresentation and Applicant never intended to submit a financial statement or to supply other information reasonably necessary to a full understanding by the public of the works of operation of the Applicant, the costs of raising money and its final distribution. We further find as additional evidence of Applicant's intent to make misrepresentations in said Application is the avowed tenet of said Applicant to "heavenly deceive" for the purpose of raising revenue. J. We further find that the funds proposed to be solicited are to be used for purposes other than those that are represented in applicant's application and that applicant has omitted from its application methods of solictation that it has used in Arcadia without a certificate and that it customarily uses. K. That there is a clear and present danger that the citizens of the City of Arcadia as well as others who may be solicited in the City of Arcadia would be induced to contribute to applicant who would not otherwise do so if applicant accurately revealed its actual methods of solicitation and all of the actual purposes for which the solicited proceeds are to be used, L. That due to the incompleteness, discrepancies and misrepresentation contained in Applicant's Application that in fact Applicant has failed to register itself with the City Manager for religious solicitation and, therefore, the City Manager cannot certify that Applicant has registered. We, therefore, instruct the City Manager that he cannot and should not issue a Certificate of Registration for Religious Solicitation to Applicant Moonies based on the foregoing findings of fact. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. -4- SECTI01, 3. ;ieit:'cr the adoption of this resolution nor the repeal ~~~eby of any resolution shall in any, r.~nner be construed as affecting any of the provisions of such:resolution relating to the collection of any such fee, nor to affect the validity of'any bond or cash deposit in lieu thereof, ?csted, filed or deposited therefor' and all rights and obligations thereunder ~??ertaLjing shall continue in full force and effect. SECTION 1;. That the Clerk of the Council shall certify to the adoption or this resolution. I HEREBY CERTIfY that the foregoL~g resolution .as adopted at a regular ~eeti~g of the City Council of' the City of Arcadia held on the 20th day of May, 1980, by the affirwative vote of at least three Ccunciloen. to ~it: AYES: NOES: ABSENT: ABSTAINED: Councilmen Gilb, Saelid and'Pellegrino None None Councilmen Dring and Haltom City Clerk of the City ofAxcadia .A c~ of J'u:cadia SIG?,ED J.JiD APPROVED this 20th day of May, 1980. / 'W/~' '-yor of. to... ATTEST: ~7t0v~ City Clerk ," ", - 5 - 4901