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HomeMy WebLinkAbout4907 RESOLUTION NO. 4907 A RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF ARCADIA ~~ING FINDINGS OF FACT REGARDING THE APPLICATION OF THE INTERNATIONAL SOCIETY OF KRISHNA CONSCIOUSNESS, ALSO KNOWN AS HARE KRISHNA, FOR A CERTIFICATE OF REGISTRATION FOR RELIGIOUS SOLICITATION, AND DIRECTING THE CITY ~~AGER NOT JO ISSUE SAID CERTIFICATE BASED ON THE DISCREPANCIES, INCOMPLETENESS, AND MISREPRESENTATIONS OF SAID APPLICATION AND ON SAID FINDINGS OF FACT. WHEREAS, on Tuesday, May 6, 1980, at 7:30 p.m., a public hearing was held by this City Council at a regularly scheduled meeting on the purported application of the "International Society for Krishna Consciousness", also known as "Hare Krishna" and referred to hereinafter as such, for "religious solicitation" pu'rportedly 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 May 20, 1980 due to incomplete- ness and discrepancies ~n said application, and also, due to its ~ncompleteness and the discrepancies, applicant was requested to submit financial statements signed by a Certified Public Accountant licensed by the State of California; WHEREAS, on Tuesday, May 20, 1980, at 7:30 p.m., the continued public hearing was held by this City, CouncH 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 apparently having expressly declined to appear at said hearing, said hearing was there- after further continued to our regularly scheduled m~eting at 7:30 p.m., June 3, 1980, again due to the continued incompleteness of applicant's application and failure of applicant to appear and answer inquiries regarding the application. NOH, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE, FIND Ah~ DETERMINE AS FOLLOWS: SECTION 1. That based on the testimony and written documentation submitted at afore- said 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. 1004 which adopted Article VI, Chapter 6, Part 1 Divisions 1-5 of the Arcadia Municipal Code pertaining to Religious and Char itable Solicitations. Division 4 of aforesaid part entitled "Religious Solicitations" provides as follows: 6614. CERTIFICATE REQVffiEO. 1':0 person shall solicit cont.ibutions for 2n)' Telibious purpose v;jthin the Ci~y without a certiiicate from the !.iana!;~r authorizing such solicitation. (.5H.1. EXCEPTION. The provisions of nJis Di\'ision shall not app!y to :i:>y per~on oq;:anized and opc:::ratEd E:>.:ch.:s~\'ely for religious purposes and r.ot opErated for the pecuniary benefit of ar:y pHscn, if the solicitations by such persons :ne conducted only amc..:1g the members thereof, by other =;err.bers or officers thertof, \'oluntarily .and \dthout remuneration for mak- ing such solicitations, or (he solicitations are in (he fonD of collections r:'.:ade or contributions givl:n at the regular aSHmbhes or se:-\'1ces of ::.ny such establishEd person; provided that ""hen a certificate has been issued to ::.n)' person as defin€-d in subsection 6611. 3 other lh~n to an :"''ldividual, then t~e incividual 3.i;c:n{s and solicitors for such person shall not be re- quired to obtair. individual certificates. 6614.. 2.. APPLICATI0~. An ap;.lic<ition for 11 certificate to solicit shall be made to the Manager upon for~s p:-escribed by him. Such application shall be S;:"o;,n to or a1flrme-d, :ind shall cO:1t~in the inforr:Jatlon spcciIied in the followin!; subsections, Or in lieu thereof 11 statc:-nent satisfactory to the ]\~dn::.g:er of the reason or rE:;~sons wr.y such irJormailon or any ite:n thereof is riot h.:rnished. -1- 4907 " 'S614. 2. 1. F~A},\CIAL STATEME:t\T. A financial sbtcment [or the 1:::'5t prececii1g flscal year of <=.ny funds ca!lceled for rel1g1ous purposes bi' U'".e api'licant, said 'st2ter:1Enl giving the amount of money so raised, to- !;~t:-":(:T with the cost of TCilslng It and final cistnbution thereof. E.514.. 2. 2. EXTE~T OF RELIGIOUS WORK. A full statc:nent of t!-le ~€;1e:-al cha:-ac~er and extEnt of the religious ,,'or~: being done or to be done b:; :he <=.pplicant, and tte chan.cter and extent of sech work being aone or to be cone within the City. 6514.2.3. CITY E~';DOP..5E~,1E~xT. A staternf::1t to the effect that if a. "C€~l:~;cate is granted, .it ,,'ill not be used or re;n-esented ill any ....4)' as :::.n E-:;oo:~e:T.;'~nt of the sohcitation or person by the City or by any department 0:- o:flcer thereof. 661';'.2.4. SOLICITOR'S AGE. A st~teme:;t to the effEct that if a cert;ficate is granted, no person under the age of .si.>.1.Ecn (16) ye.as of age .",:..~ll be peZ"mittcd to solicit r:.loney. 6614,2.5. GEI'ERAL. the ~>i2nag€r in order for p:-oposed solicitation. S;;ch o~her information 2.S r:1ay be required by him to cetermine the kind and character of the 6614.3. CERTIFICATE. Upon receipt of such :application. the Man:ager s!1all fortr,\I,:ith Issue to the applicant a Certificate of Registration. bEg.4. SAM.E. DURATION. The certificate shall remain in full !vrc~ ~nd effect for a period of one (1) year 21tfr the Issuance thereof and .:.::-.;'i~~ 't"~ re;;E",l,'ed '.2pOrl the e>:pirztion of such j).:riod by the filing of a new ;i;;?l!~~:on. 5614.5. S:.At.1E. rOi1.M:. Certiiicntes of RE.-pstratlon shall bear the :....::.:r:~ ar:d accres~ of the person by V.hOl:'l the 5<JJicltatlon is to ~e made, (:.e :lu:-:-:.he.. of certific:He, the eatc isslled 2.:1G 2. statement that the cernfl- c:it~ c~e5 r;ot C.Gr.stjtl~te an c:ndorser:H?nt by ,-he cav, or by .<:.n)" of its de- r._r~.;:-:E~ts ~!' Of~i~(>.l."S,. of" t~e pu:-pose of (his so:icitalion or of U',e person ,"':>::':".lct:.n& t:ie so!:Cltatior.. B. By letter to the City Clerk dated Saturday, January 19, 1980, applicant requested a copy of the City's "application for a permit" for religious solicitation in the City of Arcadia. On Thursday, January 24, 1980 an application fom for a * certificate of registration for religious solicitation (a copy of which is attached hereto as Exhibit A, and by this reference incorporated herein) was mailed to appli- cant by ~he City License Office; and again on Wednesday, March 5, 1980, pursuant to the Monday, March 3, 1980 request by Susan DeWitt of ,applicant. C. On March 5, 1980 applicant was requested by the License Officer to file with its application a balance sheet, statement of income and expenditures, with a certificate signed by a Certified Public Accountant, licensed in the State of California. D. On ~ednesday, March 26, 1980, in response to inquiry from applicant, the Business License Officer advised applicant's representative Alan B. Zupnick, the City of Arcadia did not require a religious solicitation .permit' as referred to by applicant but only required an application for a certificate of registration for ~eligious solici- tation and enclosed an application for a City Charitable Solicitation Permit. E. Applicant by erasure and retyping, thereafter changed the title of the City's Charitable Solicitation Application fom by changing the word "CHARITABLE" to "RELIGIOUS", and on Monday, April 7, 1980, filed said application with the License Officer along with a "Statenent of Operations Year Ended December 31, 1979" outlining income and expenses and costs. Said statement was not accompanied by a certificate signed by a Certified Public Accountant, licensed in the State of California, nor was a balance sheet included. F. On Tuesday, April 8, 1980, the City Manager referred the application to the Solicitations Advisary Committee, and on Hednesday, April 9, 1980, the License Officer advised applicant that the City Solicitations Advisary Committee had referred the applica- tion to the Arcadia City Council for a public hearing to be held on Hay 6, 1980. -2- 4907 G. That applicant has had written notice of all public hearings conducted by this City Council on Hay 6, 1980, Hay 20, 1980, and June 3, 1980. H. That said application was made in the name of "International Society for Kr ishna Consciousness"; however, documentation submitted by applicant is in the name of "International Soc.i.ety for Krishna Consciousness of California, rne ," I. That :aid application was not made on tl,e form required by the City Hanager for a Certific~te of Registration for Religious Solicitation, but was instead made on a charitable solicitation permit form modified by applicant. J. That applicant has failed to give the City Manager sufficient information to enable him to determine the kind and character of the proposed solicitation by failing to file the, proper 'form prescribed by the City Manager. K. That this City Council has received an overwhelming amount of evidence in the form of public testimony and written documentation and based thereon, we hereby find tha t applicant: 1) Solicits its funds time and time again using the vehicle of misrepresentation and fraud, using intimidation as a rule rather than an exception; and 2) That more often than coincidence applicant's members have been involved in criminal and other illegal activies; and 3) That in the solicitation process applicant's members interfere with the rights of the public to ingress and egress; and 4) That in the solicitation process applicant's members often insult and intimidate members of the public who are not inclined to donate to their cause regardless of how represented; and 5) That applicant's methods of solicitation often involve the unconsented touching of members of the public. . 6) That the written application before us therefore misrepresents the actual method of solicitation. 1. That we hereby take judicial ,notice of finding of fact number 37 of the Los Angeles County Superior Court in International Society for Krishna Consciousness, Inc., etc., et al.No. C 175568 which states: "37. In effecting said sales, the devotees of the Los Angeles Temple sometimes use unscrupulous methods and misrepresentations in the selling of said books and magazines. These methods have included misrepresentations as to the identifica- tion of the sellers with the Hare Krishna movement, misrepresentations as to the purpose of the solicitations, the failure to return the proper change for a pur- chase, forcing of the products on unwilling customers and generally the use of high pressure sale.s methods. II M. We further find that applicant has omitted from its application methods of solicitation that it customarily uses. N. 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. o. 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 Mana.ger cannot certify that applicant has registered. We, therefore, instruct the City ~Enager that he cannot and should not issue a Certificate of Registration for Religious Solicitation to -3- 4907 ::-:e I:-:i:.e.r~:2tiona1 Society of Krishna Consciousness" also kno\\'Tl as Hare Krishna. S ECTIC\ 2. The City ClErk E~.211 certify to t1-J(~ adoption of "Crd.s :-c::so1:Jtion, C'.7('7":" ("," 3 '".'-:.-;.L.",c'r.....' --r ..-.......... 0& ....-....5 -E.CO"l"'-C~ -0- --e V~---l _.. . - .:' '-.... L",- I..,1e C.C-'?I-':'L.. .... \...,.:.. '- ~_ ._"-'\...L '.. .: ... I-~' .l.'-=r-'C:C ;'.,-:::-e':-;.y of .::iy :-esolut::Lon s11211 in. cn:; 7::;;'7".:JEt" '::.e. CO:1Ett"l..:ed 2S 2.ffE;cting en)' ,:': t'::e F',::-c'..-is.:.c.;-:s' of such l-Esolution :-el2.ti,:g to ;,::-:e colle.ct:.cn of c;.)' such fe.e, ~or to, affect the validity of any bend or cash deposit in li~u t~ereof, ?cstec, filEd or deposited th~refor a~d all rights a~d o~libatioos thereuncer ~?;c::rtai~i~g shall continue in full force end effect. SECTION 4. Tn3.t the Clerk or the Council,sh211 certify to ti-.e 2doption of this rE.solution. I EERE3Y CERTIFf that the forego~~g rE.solution "2S ~dopted 2t 2 regu12r r::eeting of the City Council of' the City of J..rc~dia held on the 3rd d2Y of 'June, 1980, 'by the cffircoEtive vote of Et least three Councilwen, to ~it: AYES: Councilmen Gilb, Saelid and Pellegrino NOES: None ABSTAINEr:: Councilmen Dring and H2ltom ~,I(Ja1V~J City Clerk of the City of PJC2dia SIGlED J.J<D J,??3.0VED this 3rd dcy of June, 1980. (1<= · rev? /?/dJ (l~r/Of.~ad~a J..TTES.T : ~j/7/uv y~~ " (ity Clerk -~- '490i .- CITY OF ARCADIA, CALIFORNIA APPLICctTIO~ FOR CERTIFICATE OF REGIST~;TION FOR RELIGIOUS SOLICITATION 1. ~a~e of person or organization Address or 'headquarters of applicant Telephone 2. Attach a financial statement for the last preceding fiscal year of any funds collected for religious purposes by the applicant and include the amount of money so raised, the cost of raising it and the final distribution thereof. 3. Attach a full statement of the general character and extent of the religious work being done or to be done by the applicant from proceeds of religious 'solicitation, also the character and extent of such work being done or to be done within the City of Arcadia. 4. The method or methods to be used in conducting the solicitations are as follows: 5. The proposed dates for the solicitations are: 6. Does the applicant certify that the Certificate, if granted, will not be used or represented in any way as an endorsement of the City of Arcadia or by any department or officer thereof? 7. Does the applicant certify that if the Certificate is granted, no children under sixteen years of age will be permitted to solicit money? 8. Does the applicant agree to make available to the Solicitations Advisory Co~~~ttee all books) records or other informa~ion reasonably necessary to a full understanding of the works and methods of operation of the applicant? 9. Does the applicant agree to furnish 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? All of the above statements are true to the best of my knowledge, information and belief. All questions have been answered, and the required statements have been attached. Signed by: Name Tit Ie Address , Subscribed,and sworn to befor~ me, this the day of , 19 Notary Public ~.1y Commiss ion Expires ,19_ for Re ligious ,19_ Solicitation Kumber Certificate of Registration issued City Hanager -- \f' 'I r, 'or 1_ , ~ I . ["" UJ I ::{\u :.