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HomeMy WebLinkAboutORD NO 3167ORDINANCE NO. 3157 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.18 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.18 of the Bakersfield Municipal Code is hereby amended to read as follows: CHAPTER 5.18 CHARITABLE SOLICITATIONS Sections: 5.18.010 5.18.020 5.18.030 5.18.040 5.18.050 5.18.060 5.18 070 5.18 080 5.18 090 5.18 100 5.18 110 5.18 120 5.18 130 5.18 140 5.18 150 5.18 160 5.18 170 5.18 180 5.18 190 5.18.200 Definitions. Administration - City manager. Permit - Required - Exemption. Permit - Application - Filing - Contents. Permit - Investigation. Permit - Health department approval - When required. Permit - No fee required. Permit - Issuance - Required facts. Permit - Contents - Term - Extension of term. Permit - Nontransferable. Permit Denial - Hearing - Report. Permit Suspension - Notice to permit holder - Hearing. Permit Suspension - Notice to police chief. Credentials. Written receipt to contributor. Solicitations by telephone. Accounting. Financial report - Public inspection. Moneys raised by one organization for another. Fictitious names and misstatements prohibited. 5.18.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Charitable" means and includes patriotic, philan- thropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported. B. "City manager" means the city manager of the City of Bakersfield. clothing, guise of C. "Contributions" means and includes alms, food, money, subscription, property or donations under the a loan of money or property. D. "Organization" means any individual, firm, copartner-- ship, corporation, company, association or joint stock association, church, religious sect, religious denomination, assignee, agent, society league, trustee, receiver or other similar representative thereof. E. "Promoter" means any organization which promotes, manages, supervises, organizes, or attempts to promoter manager, supervise or organize a campaign of solicitation. F. "Religious" and "religion" does not mean and include the word "charitable" as defined in this section, but shall be given their commonly accepted definitions. G. "Solicit" and "solicitation" means the request, directly or indirectly, of money, credit, property, financial assistance, or any other thing of value on the plea or representa-- tion that such money, credit, property, financial assistance, or any other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words also mean and include the following methods of securing money, credit, property, financial assistance or any other thing of value on the plea or representation that it will be used for a charitab].e or religious purpose as defined below in this subsection: 1. Any oral or written request; 2. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication; 3. The making of any request over the radio, by telephone, telegraph or to the press to attend, patronize or - 2 - contribute to any assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibi- tion, exposition, party, performance, picnic, sale or social or other gathering for the purpose of furthering any charitable or religious purpose connected therewith; 4. The sale of, offer or attempt to sell, any adver- tisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charita- ble or religious purpose is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose. "Solicitation," as defined in this section, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section. 5.18.020 Administration - City manager. A. The city manager or his designee shall administer the provisions of this chapter. B. The city manager or his designee shall receive all applications, statements, investigations, credentials, notices, requests, and reports filed pursuant to this chapter. C. The city manager or his designee shall further pre- pare proper forms for the administration of this chapter. 5.18.030 Permit - Required - Exemption. No person shall solicit contributions for any charitable or religious purpose within the city without a valid, current per-- mit authorizing such solicitations; provided, however, that the provisions of this section shall not apply to solicitations within the membership of a charitable or religious organization upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code. 5.18.040 Permit - Application - Filing - Contents. A. An application for a permit to solicit as provided by section 5.18.030 shall be made upon forms provided by the city. B. Such application shall be signed under penalty of perjury by the person managing the solicitation activity and filed - 3 - at least fifteen days prior to the time the solicitation activity is planned to commence; provided, however, that for good cause shown, the permit may be assigned an effective date less than 15 days after the application. C. The application required in this section shall con- tain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished: 1. The name and address of the organization applying for the permit; 2. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the record of action, if any, authorizing such solicita- tion; 3. The exact purpose for which the proceeds of the soli- citations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used; 4. A specific statement, supported by reasons and, available, figures showing a need for the contributions to be solicited; if 5. The total amount which is sought to be raised; 6. The names, addresses, dates of birth, social security numbers and driver's license numbers of all persons who will be soliciting or in direct charge of conducting the solicitation, the names of all promoters connected with or to be connected with the solicitation and the names and addresses of all persons by whom the receipts of such solicitation may be disbursed; 7. Whether applicant, its officers, employees or paid fund-raisers have ever been convicted of any crime involving soli- citing or use of funds solicited for charitable purposes, or whether applicant, its officers, employees or paid fund-raisers has ever been enjoined from soliciting or had its application denied or permit revoked; 8. An outline or description of all methods to be used in conducting the solicitation; 9. The estimated cost of conducting the solicitation; 10. The dates when solicitations shall be made; 11. The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any organization in con- nection with such solicitation, and the names and addresses of all such organizations; 12. A financial statement for the preceding fiscal year, if any, of any funds collected for any religious or charitable purpose by the applicant, said statement giving the amount of money so raised, the cost of raising it, and the final distribu- tion thereof; 13. A full statement of the character and extent of the charitable work being done by the applicant within the City, if any; 14. The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested; 15. The tax-exempt or non-tax-exempt status of the appli- cant organization; 16. The name and address of a person available to accept service of notice during business hours on behalf of the permit holder; 17. Such other information in respect to the character, past activities and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the city manager to make a full and complete investigation; 18. If, while any application is pending, or during the term of any permit granted thereof, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the City in writing within twenty-four (24) hours of such change; 19. Any additional information which may be of assistance in determining the nature and worthiness of the purpose for which the solicitation is intended, or of the applicant itself. 5.18.050 Permit - Investigation. A. All applications must be acted upon not later than two weeks after the date on which any such application is filed by the issuance of a permit or a letter of denial explaining the rea- son for denial. Such letters of denial shall be served upon the applicant by certified mail, and service shall be effective upon mailing. B. The city may make or cause to be made any investiga- tion which it deems necessary and upon request the applicant shall make available for inspection all of the applicant's books, records, and papers at any reasonable time before the application is granted, during the time the permit is in effect or after a permit has expired. 5.18.060 Health department approval - When required. Organizations conducting solicitations pursuant to Sections 5.18.030 of this Chapter which include the sale of cer- tain types of packaged, processed or prepared foods or of materi- als such as, but not limited to, used wearing apparel, bedding or other items commonly included in the term "rummage" shall do so in compliance with applicable regulations of the State of California and the Health Department of the County of Kern. No charitable solicitation permit shall be issued for any such event without approval from the Health Department of the County of Kern. 5.18.070 Permit - No fee required. There shall be no fee for a permit or investigation charge under this chapter. 5.18.080 Permit - Issuance - Required facts. The permit provided for in 5.18.050 shall be issued when- ever the following facts are found to exist: A. That all of the statements made in the application are true; B. That neither the applicant organization nor its members, officers or agents have been convicted of engaging in any fraudu- lent transactions or enterprises; C. That the organization has not been denied a permit or had its permit for a charitable solicitation revoked, unless that organization can show that the circumstances of this solicitation are substantially different from the circumstances of the denial or revocation and will not constitute a fraud on the public; D. That health department approval, if required by sec- tion 5.18.060, has been obtained; E. That applicant has complied with all other applicable permitting and licensing requirements; F. That past solicitations, if any, in this city by the same organization, or by another organization having some of the same members, officers or agents, were not conducted so as to con- stitute a fraud or deception on the public. G. That all organizations for which the funds are to be raised are tax-exempt. 5.18.090 Permit - Contents - Term - Extension of term. A. Permits issued under this chapter shall bear the name and address of the charitable organization and of the person 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, and a statement that the permit does not constitute an endorsement by the city or by any of its departments, officers, or employees, of the purpose or of the organization conducting the solicitation. B. All permits must be signed by the city manager or his designee. C. No permit may grant the right to solicit longer than ninety days from its date of issuance, but any permit may be extended for not more than ninety additional days upon a showing that unnecessary hardship would be created by a failure to extend the original ninety day period for such additional days. 5.18.100 Permit - Nontransferable. Any permit issued under this chapter shall be nontrans- ferable and shall be returned to the city within two days of its date of expiration, together with all facsimile copies thereof. 5.18.110 Permit - Denial - Hearing - Report. A. Within ten days after service of notification by cer.- tified mail that an application for a permit to solicit under this chapter has been denied, the applicant may file a written request with the city manager for a public hearing on the application together with written exceptions to the findings of fact upon which the application was denied. B. Upon the filing of such a request, the city manager or his designee shall fix a time and place for the hearing and shall notify by certified mail the applicant thereof. The hearing shall be held within five days after the request is filed. - 7 C. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested person may, in the discretion of the city manager or his designee, be allowed to participate in the hearing and present evidence in opposition to the application and exceptions. D. Within ten days after the conclusion of the hearing, a written report shall be rendered either granting or denying the application for a permit. The report shall state the facts upon which the application was granted or denied. This report shall be filed with the council and shall be available for public inspection. A copy shall be served by certified mail upon the applicant and all parties to the hearing, and such service shall be effective upon mailing. E. The council may, upon request of the applicant, review the findings and render a decision based on the facts pre- sented by the city manager and the applicant. 5.18.120 Permit - Suspension - Notice to permit holder - Hearing. A. Whenever the city manager has a reasonable suspicion that any person to whom a permit has been issued under this chap- ter has violated any of the provisions of this chapter, or that any promoter, agent or solicitor of a permit holder has misrepre- sented the purpose of the solicitation, the city manager shall immediately suspend the permit. The permit holder or the person designated by the permit holder to accept notices shall be served with written notice of a hearing before the city manager to be held within two business days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the permit was suspended. B. 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 suspension of the permit was based, and any other facts which may aid in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. C. If, after such hearing, it is found by the city manager that the chapter has been violated, or the purpose of the solicitation has been misrepresented, within two days after the hearing there shall be filed with the city clerk for public inspection and served by certified mail upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which such findings were based. Service shall be effective upon mailing. The permit shall then be deemed immediately revoked. D. If, after such hearing, it is found that the chapter has not been violated and the purpose of the solicitation has not been misrepresented, within two days after the hearing, the permit holder shall be served by certified mail a written statement can- celing the suspension of the permit and stating that no violation or misrepresentation was found to have been committed. Said serv- ice shall be effective upon mailing. It shall be unlawful for any permit holder to engage in solicitations during any period that such permit is suspended. 5.18.130 Permit - Suspension - Notice to police chief. The chief of police of the city shall be notified forth- with of the action granting or denying any permit under this chap- ter or suspending or revoking any permit heretofore granted. 5.18.140 Credentials. A. All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the permit holder, the date, a statement describing said holder's charitable activity, a description of the purpose of the solicitation, the percentage of proceeds to be used solely for charitable purposes, the signature of the permit holder or of the holder's chief executive officer, the name, address, age, sex and signature of the solicitor and the specific period of time during which said solicitor is authorized to solicit on behalf of the permit holder. No person or organization shall solicit under any permit granted under this chapter without the credentials required by this section and a facsimile copy of said permit in his/her possession. Said credentials and said facsimile copy of the per- mit must be shown and a copy furnished upon request to all persons solicited and to any police officer of the city. B. No agent or solicitor shall solicit contributions for any charitable or religious purpose for any organization in the city unless such person has been granted a permit under the provi- sions of this chapter. 5.18.150 Written receipt to contributor. Any person receiving money or anything having a value of one dollar or more from any contribution under a solicitation madE? pursuant to a permit granted under this chapter shall give to the contributor a written receipt signed by the solicitor showing - 9 - plainly the name and permit number of the person under whose per- mit the solicitation is conducted, the date, and the amount received; provided, however, that this section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitations with the written approval of the city man- ager or his designee, where it is impractical to determine the amount of such contributions. 5.18.160 Solicitations by telephone. A. The requirements for obtaining permits in sections 5.18.030 and 5.18.040 shall apply to all organizations soliciting charitable or religious contributions by telephone. B. All persons soliciting by telephone shall, upon request, clearly disclose the information required of credentials as set forth in section 5.18.140. C. If a gift is subsequently made, a copy of the afore- mentioned credentials, along with the receipt required by section 5.18.150, shall be mailed to, or otherwise delivered to the donor. 5.18.170 Accounting. No person shall solicit any contributions for any chari- table or religious purpose without maintaining a system of accounting whereby all donations to it and all disbursements are recorded in a comprehensible manner. 5.18.180 Financial report - Public inspection. A. It shall be the duty of all organizations issued per-. mits under this chapter to furnish within thirty days after the solicitation has been completed or the permit has expired, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, commissions, expenses paid to any organization in connection with such solici- tation, and the known or intended disposition of the balance of the funds collected by the solicitation. Such financial statement. shall be signed under penalty of perjury by the person in charge of the solicitation. B. The time for the filing of the report may be extended[ for an additional period of thirty days upon proof that the filing[ of the report within the time specified will work unnecessary hardship on the permit holder. 10 - C. The permit holder shall make available to the city all books, records, and papers and other information necessary to ver- ify the accuracy of the report required by this section. D. The report shall be available for public inspection at the city manager's office at any reasonable time for a period of sixty days. E. Any permit holder who fails to furnish this report to the city within the time allowed may, at the discretion of the city manager or his designee, be denied another permit under this chapter. 5.18.190 Moneys raised by one organization for another. A. When moneys are raised by one organization in the name of another organization, a receipt of amount received by the beneficiary organization shall accompany the financial statement submitted pursuant to Section 5.18.180 of this Chapter. B. Failure to furnish such a receipt may, at the discre- tion of the city manager or his designee, result in the denial of any further permits to the soliciting organization, the benefi- ciary organization or for the benefit of that organization. 5.18.200 Fictitious names and misstatements prohibited. No person shall directly or indirectly solicit contribu- tions for any purpose by misrepresentation of his name, occupation, financial condition, background or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution in the city, or in any application or report filed under this chapter. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 11 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on June 22, 1988 , by the following vote: AYES: COUNCILM~.M~ERS: CHILDS, OeMOND, SMITH, RATl'~,'R'c~r-'~'% NIcO~'RI~OT~ NOES: COUNCI~BERS: NONE A~SENT: COUN~I~ME~BERS: PETERSON ABSTAINING: COUNCILMEMBERS: NONE CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED June 22, 1988 MAYOR of the City of B~kersfield APPROVED as to form: LCM/meg ~ ~/ O ORD 5 CHARITY1 5/25/88 12 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 5th day of ~ly , 19R~ she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: ORDINANCE No. City Council at a meeting held on the and entitled: 3167 , passed by the Bakersfield 22nd day of J,~np , 19~8__, CAROL WILLIAMS CITY CLERK °f t~City of lakersfield BY:DEPiT~C~ity Cl rk~ NSAOPD