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HomeMy WebLinkAboutORD NO 723 ~? OF~ THIS A~ -~ ' ~ 8~I~ .... '~ ~S, the Co~cn of-the .~i~:'OfB ..... ..... h~:,:~erous persons have. f~ds are..t6 be used:; ~:~:~haritable and- truth a~ in fact such:~S;~a~ property 'are Pr°~°tl~ such solic~:~tlons;' that a 'great ~ frauds -worthy. charitable a~ religious erg on the public; .that, a::~..~'a reset of such'~ tie~..:::~~ e~endered by these practices; that, the?res in ma~ cases been defrauded a~ ~$' protection; that the rapid increase persons f~sely cl'aimt~ that they ar:e-"~C~:~[~X: War a~ conve~ence demands the exercise of: ,the ~o!lce power-of. In the e~c~ent a~ strident e~orcement of th~S °rdi~ce,-..: mea~ng clearly appears from' ~he conteXt: or indirectl of m - .?~. ~ · ; ~.~ ~.~-~ ~-.. ~ Y oney, credit, pre~~ f~mmnctal assistance , ~ ,of value on ~e.pl~a o~. ?epre~tion ta~~h money, '. . P ~., fl~nci~a~stance, .or Other thl~'~f value will be used for a c~aritable or religious p~pose as t~e ' ~"~ . p~po s e s..~,;~e defin~ In this Ordi~nCe.. These wordS,sh~l alack/mean ~~clude methods or sec l mone , rl nci assistance o'~ ~ther ~ ..... ...~.., ~>~%~;~%,' it will be used~-~for a charitabl· or religiouSp~pose a~ein defined:-.' (1)~ A~ oral or ~itten request; ~"',' %~? (2) ~':~The distribution, circ~ation, ~lli~, posti~ or publish- i~ of a~ hand~ill, ~itten advertisement, or publicat~$ (3) The ma~ of ~ ~~cement to the p~e~', over the .' radio, bY telephone or t~tegraph concer~ng an a~be~, assemblage, at~etic or sports event~ bazaar~ benefit, c~paign, contest, dance~ drive, entertai~ent, e~bition, e~osition~ party~ perform~ce, pic~c, sale or social gatheri~, which the'Public is requested to patronize or t° which the public Is requested to make a contribution for a~ charitable or religious p~pose co~ected therewith; (4) The sale of~ offer or attempt to sell, a~ advertisement, ... advertisi~ space~ book, card, chance~ coupon, device, magazine, membership, merchandise, subscription~ ticket or other thi~ in co~ec- tion with which a~ appe~ is made for a~ charitable or religious p~pose, or where the ~e of ~ charitable or religious person is used or referred to in ~ ·such appeal as an i~ucement or reason for ma~ a~ such sale, or when or where in co,action with a~ such a~ statement is made that the whole or a~ part of the proceeds from a~ such s~e will go or be donated to a~ charitable or religious purpose. (%) "Solicitation,, as defined herein sh~l be deemed completed when made~-whether-~or not the person ma~ the..s~e receives a~ cOn- tribution or makes a~ sale referred to in this section. (b) "Charitable,, sh~l mean a~ include the words patriotic~ philanthropic, social service, .~welfare, benevolent educational · civic, or fraternal, either actual or purP~ed. (c) "Religious', and "religion" as used herein shall not mean and include the word "charitable" as herein defined; but shall be EiVen their commonly accepted definitions. (d) "Contributions" shall mean and include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. (e) "Person" shall mean any individual,"firm, co-partnerShip, corporate°n, company, association, or Joint st°Ok association, church~ religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof. (f) "Promoter" shall mean any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation. (g) "Council,, shall mean the City Council of the City of Bakers- field. (h) "Board"shall mean the Board of Charity Solicitations. SECTION 2. There is hereby created a Board of Charity Solicitations, which shall consist of seven (7) citizens of the City of Bakersfield appointed by the Council. The members of this Board shall serve without remunera- tion and shall elect its own officers. The functions of this Board shall be to administer provisions of this Ordinance. The Board shall receive all applications·, statements, investigations, credentials, notices, requests, and reports filed pursuant to the provisions of this Ordinance, The Board shall further prepare proper forms for the administration of this Ordinan~ce,~ which shall be printed by the cOUncil. The Board shall report to the Council any violations of this Ordinance that come to the ~k~owledge of the Board, and it shall make such other recommendations as it shalt~ d..ee~m:~ru~r ~to ,of ~ ~'~~Ons :'~'- ~'I: ~: ii~ '!ii rom agencies r or i [.' : "~ > '" ' ' ' ' ".t~, :' 'i' v'~'.'~,-~'~. "'.'~J:%~ :' "~'~ . At least:One member from: 2~e"~ . ..: :, :' ~. ,1 . .. ,,::.. .... " sh~l solicit contributions for a~: '::''" '"" , pose::: · .... of BakerSfield without, a 'permit from ~e Board such' - ..:,, ]_ :,J ." ..~.. ration, ~OVI~, HO~, ~at the ~proviSi~:~:~-'"'this sec~ton::~I: not apply to ~ established person .organize: :a~ for religious or charitable purposes and ~:.~.~a~>::.k~ the profit of a~ person if the solicitations', bT':~h':~"stabltshe~ per,on:. '.-..:.~:..-.:~ thereof, vol~tarily and withoUt rem~rat~e~'?~maU~..Su~h - . :.,. ~:?:.~:,:. - , -butions at the reg~ar assemblies or: :service.s...:~j.~:-sUch-est~b~.is~..:..):.:.?:,]::~ person. : ......... :.,.- . . "' "- -' · '.,.,. ' .~:~;J: .['L :'. ~TIOF'%-, .... ',- .,':.: .'::,.- - . AP~ICATION FOR .C~IT~LE' S'OLlC : T. -'~.a~ ~Oa~n' ....... . ... _' be made to the Board .upon forms provided by ~.'/~/ - :: :'~,U."-".: '~ - ' "-" Such application s~l be sworn to an~:f~led ~h::the Board ~-. :., :,':'- ..... '.::'%: ........... . fifteen days prior to the time the.permit, a~led:.for,::-.Shaii- ~. .. . -:, .',....S',?; ~' · ' ' . allow the fill~ of ~ applica~ien ie.ss:..than..f~tee~:'~ays:pr~erl ~.:,~h~:'; ':'J"'~'~" ~ffeetiVe' da%e Of the permit applied 'f~::.:' T" '~' - ....... "' ...... ~ ..... · " . .. . required shall contain the follewt~: i~O~m~t~o~:~.,~ in lieu-.-~he~,: , ,. . : . .... : . . :. : ~ .'.:.,~:> .. . . . .' . .: -. ~ aet~ea s~ate~ent of the reason or reasons ~" .:such: 1 .... :........ ,... : . .. : , . ..-.......:,.:.:.~:,:,..::,.. · (a) The name ..a~d address of the applicant.. (b) The exact purpose for which the p~eds of the. solic~- tations, sale, bazaar, exhibition, promotion," .amusement ~,~!~ ~.,~l'ecture, entertainment or other enterprise, or any part there~-~.~.~e to be used, including the manner, in which the amount of any eom~ensation intended to be paid to any person, firm, association or c~rporation out proceeds. ~' (c) The total amount which is sought to be (d) The names and addresses' of all. perso~s &irectly interested in or who will be in ~any manner engaged in the work. (e) The~bank~or place where all 9r any~part 'of-th~?T~unds raised by such activity will~be placed on deposit or invest~dii~~:'' (f) Such .other information in, respect~to ~bhe. character, ~aSt 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/Board to make a full and complete investigation. The Board shall examine all applications and must act upon them not later than two weeks after the date on which any such application is filed by either issuing a permit or a letter of denial explaining the reason for denial. Such letters of denial shall be served upon ~he applicant by~ registered mail. The Board may make or cause to be made anyinvestigation which~ it deems necessary and upon request the applican~t shall make available for inspection by the Board or any persons designated~in writing' by the Board, all of applicant's books, records' and Papers-at any reasonable time before, the application is granted, during~the.:time the. permit is in eff~h~, ~r after a per~i't has expired, SECTION 6. The Board shall issue the permit provided for~ in Section hereof whenever it shall find the following fact'S t*'ex~st: (1) That all e! 'the statements made in th~?i~APplication are true (2) That the applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent 6f the applicant has a good .character or reputation for honesty~ and integrity. (3) That the control and supervision 0~f the solicitation will be under responsible and reliable persons. (4) That the applicant has not engaged in any fraudulent transaction or enterprise. (5) That the solicitation will not be a fraud en the public. (6) That the solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted primarily for private profit. (?) That the cost of raising the funds will be reasonable. ~Any such cost in excess of 10% of the amount collected shall be con- sidered to be unreasonable unless special facts are present showing that peculiar reasons make a cost higher than 10% reasonable in the particular case. SECTION ?. There shall be no fee for a permit or investigation charge under this Ordinance. SECTION 8. Permits issued under this Ordinance shall bear the name and address 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 of Bakersfield or by any.~ of its departments,· officers, or employees of the purpose or of the person conducting the solicitation. All permits must be signed by the Board. No permit may grant the right to solicit longer than ninety (90) days from its date, but tbs Board m~y~ extlend any permit 'for not mor~.-"than additiOnal days upon a showing that unnecessary hardship..~:~'.:~.::,,~:~,,~. ~ b~ created by a failure to extend ' '~'~ . . the original ninety :.(90~*~ay period for such additional., diays.. ' ~ permit issued under this Ordinance." Shall be no~-tranSfer- able and shall be returned to the Board within::~. two days ~OZ.:its"'~' date of expiration~ tOgether with all facsimile copies th,reef. SECTION 10. .~t.1 persons to whom., permits have been ~i$~ued under this OrdinanCe shall furnish proper credentials to their agent$ and. solicitors for such solicitation. Such credentials shall inClude the name of th permit holder, the date, a statement describing said ho~.~ris charitable activity, a descriptiom of the purpose of the solicitation, the signature of the permit holder or of the holder's chief· executive officer, and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and specific period of time during which said solicitor is authorized to solicit on behalf of the permit holder. A copy of Such credentials must be filed with theBoard at the time th~ '~' application for a permit is filed and must be approved by it as con- forming to the requirements of this Section before such permit is issued. No person shall solicit under any permit gran~ed,u.nder this ordinance without the credentials required by this Section andl a facsimile copy of said permit in his possession. Said credentials and said facsimile copy of the permit must be shown upon request, to. all 'persons solicited and to any police officer of' the City of Bakersfield. No agent or solicitor shall solicit contributions ~or any charitable purpose for any person in.~he' City~ of Bakersfield ~unless such person has been granted a permit ~under~ the pr'ovision~ of t~h. is Ordinance. ~" SECTION., tl . Any person receiving money or anything .' having a value ~ofi~....,~:?- one dollar ($1.00)or more from any '" u~'~'? sOlicit, '-' ~ contribution. Under a....i~,..il~ made pu2suant to a permit granted m'~der this Ordirmnce., shal.1;?~ to the contributor a written receipt signed by the sol ' ' .... ~ plai~y the. ~d permit ~ber of the pers ' ~:~;'::' '~ ~:;' ' the solicitation is co~ucted~ the da~,~ and ~the:-~t · PROV~ H0~, that this Section sh~l ,~-t ~:~/~ly to a~ tions collected by means of 'a~ closed box or 'receptacle .used. tn s~ici- - tations with~..,~ the ~itten approv~ of the Board where.:it;-~.i~practic:~ to deter~ne the ~o~t of such contributions ..... .... S~TION 12. . >~ ~ ' Within five (~) days after reeeivi~ ~tifiOation b[~ registered ma~ that ~s application for a permit to solicit ~der .this Ordi~nce has been de.ed, a~ applicant may file a ~it~en request. fOr a ~c. heari~ on tho application before the Board together wit~'.~t~¢'~ ,xe~pg~on~ go ghe f~~ of faeg upon which ~ho ~oa~ ba~ l~s ~a~ fix a time and place for the heari~ and sh~l ~tify the apPlicant thereof. The heari~ sh~l be held witch five ([) days a~t~r the~ request is filed. At the heari~ the applicant may preset evidence in support of his application a~ exceptions. A~ i~terested person may~ in the discretion of the Board, be ~lowed to participate in the heari~ a~ present evidence in opposition to the application and exception. Within ten (lO) days after the conclusion of th, hearing the Board sh~l ~en~o~ a ~iggen ropo~g ~gho~ g~ang~ o~ ~o~ the appI~ea~on a permit. In this report, the Board sh~l state the facts ~upon ~e application. This report shall be filed with the ~o~cil and shall be .............. ,. ~ ~ ,, J . '~ . . , _ . .. available for public inspection, and a copy sh~l be served by registered mail upon tho applicant and ~l parties to the heari~. The Co~ciI may, upon request of the applicant, review the f~i~s of-~ the Board and render a decision based on the facts presented by' the Board'and the applicant. .'. SECTION ~?" . Whenever it shall be shown, or whenever .the. Board has knowledge., .. that any person to whom a permit has been issued' Under this Ordinance has viglated any of the provisions of this 0rdina~ce, or tha~'any promoter, agent or solicitor of a permit holder 'has mi.s~Sented the purpose of the solicitation, the Board sha~l immedia~ely suspend the ~ermit a~& sire the permit ~olaer w~ltten ~otice by =e~istered, special ' delivery, mai of a beari to be held within two (2) days of s s- and a~ other facts w~ch may aid the Board in de'termi~ whether 0rdi~ce has been violated a~ whether the p~Pose of the solicitation ~as been'misrepresented. If, after such ~aring, the BOard fi~s that · the Ordi~nce has been violated, or the p~pose of the solicitation has~ been misrepresented, it shall within two (2) days after the heari~ file with the Co~c~ for public i~pection and serve up°n the permit holder, a~ all interested persons participati~ in the hea~i~, a ~itten statement of the facts upon which it bases sUCh fi~ings a~ sh~l i~ediately revoke the permit. If~ after sUch'h~ri~ the B~rd finds that the Ordi~nce has .not been violated and the~ p~poSe..of ~he solici- tation has ~t been misrepresented, it shall within two .~2)~.'~'~ays after . the heari~ give to the. permit holder a written statement Cancelll~ the suspension of the permit, and stati~ that ~,~violation'.or mis- representation was fo~d to have been co~itted., The Chief of ~lice of the 'C~ity of ~.Baker~i~ld sh~.1 be ~tified forthwith by the Board of it$~ction granting under this Ordinance or~suspending or revoking amy permit ~heretofore nted ~'~ · No person shall solicit any contributions for any charitable purpose without maintaining a system' of accounting where~y,i'at1 dona-. tions to it and all disbursements are entered upon the b°~ and records of such person's treasurer or other financial officer~.~ SECTION 16. It shall be the. duty of all persons issm®~!~ permits under this Ordinance to furnish to the Board within thirt~?(~O) days after the solicitation has been completed~ a-detailed rep*rt and financial state- ment showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed 'report of the wages, fees,, commissions~ and expenses paid to any person in connection with such solicitation. This report shall be available for public inspection at the Board's office at any reasonable time. PROVIDED, however, that the Board may extend the time for the filing of the report required by this Section for an additional period of thirty (30) days upon proof that the filing of the report within the time specified will work un- necessary hardship on the permit holder. The permit holder shall make available to the Board or to any person designated in writing by the Board as its representative for such purpose, all books, records, and paperm whereby the accuracy of the report required by this Section may be checked. SECTION 17. No person shall solicit contributions for any religious purpose within the Ci~ty of Bakersfield without a certificate from the Board. Application for a certificate shall be made to the Board upon forma provided by the City of Bakersfield. Such application shall be sworn to, or aff , and shall contain the following.-information' or. ia lieu thereof, ~A" statement of the reason or reasons~why such information. cannot be furnished: ~" (a) The name and address or'headquarters of the person applying for the registration certificate.. (b) If applicant is not an individUal, the.names and addresses of the applicant's principal officers and managers and a copy of the resolution, if ar4v, authorizing such solicitation, .certifi~'~to be a true and correct copy of the original by the officer having charge of applicant's records. ~. .. ~ · (c) The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised"thereby, and the use or .disposition to be made of any receipts ther~efrom. (d) A specific statement, supported by reasons and, if available, figures showing the need for the contributions .to be solicited. (e) The name and address of the person or persons by whom the receipts of such solicitation shall be disbursed. ' (f) The name and address of the person or persons who will be in direCt charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation. (g) An outline of the method or methods to be used in conducting the solicitati°ns. (h) The time when such solicitations shall be made, giving the p~eferred dates for the beginning and ending of such solicitations. (i) The estimated cost of the solicitation. (J) The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in Connection with such solicitations, and the names and addresses of all Such persons. (k) A financial ~statement for the last Preceding fiscal ySar 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. (1) A full statement of the character and ext.~., of the religious work being done by the applicant within thecity of Bakersfield. '~ (m) A statement to the effect that if registered, such regis- tration will n~t be used or represented in any way as an endor'~t by the City of Bakersfield or by any department or officeI, ".thereof. (n) Such other information as may be submitted to the Board in order for it to determine the kind and character of tm' proposed solicitation. If, while any application~ is pending, or during~ the "~ of any certificate granted thereon, there is any change in fact, polic¥~ or method that would alter the information given in the application, the applicant shall notify the Board in writing thereof withi-~ twenty.-~ur hours after such change. SECTION 18. Upon receipt of such application, the Board shall :'forthwith issue the applicant a certificate of registration, The ~tificateI shall remain in force and effect for a period of ninety (90) after the issuance thereof, and shall be renewed upon the exp.~on of this period upon the filing of a new application as provided for in this Section. Certificates of registration shall bea~ the name aRd address of the person by whom the solicitation is to be made, the ~1 ~ '~ ~ number of the certificate, the date-issued, and a stateme~t"~at the certificate does not constitute an endorsement by the Cit~':~".~:~Bakersfleld or by any of its departments or officers, of the pm-pose or of the person conducting the solicitation. All persons to whom certlficate~ of registration have been issued shall furnish credentials to agents and solicitors, such credentials to conform to the requtr~ts specifl~l for credentials in Section l0 of this OrdinanCe, and a 'copy of such credentials shall be filed with the Board at the time'.i~.~f the filing of the application for a certificate. No person shat~*~olicit for any religious cause without having such credentials~in~his · possession, togetlSer' with a copy. of the certificate of,.'~'~gistratl. On~ under which the solicitation is bei~ conduct.ed, ~:an~. Such pe~S~ Sh~l upon demand, present these credenti~s and this~eo~ of ~gh~.~:~tificate' to a~ person solicited or to a~ police office~ of. the City of Bake~s- field~ ~oV~, HO~, that the ~rovis'ions of this Section sh~'t not apply to any established person organized and operati~ · for religious purposes and ~t operated.for pec~ary.p~f~$:~::of a~ person if the solicitations by such established person ar~e°~ucted ~0~ the members thereof by other members or officers thereof, ~o1~ ~rily and without remuneration for ma~ such Iici the solicitations are in the form of collections or contribUtionS at the reg~ar assemblies or services of a~ ·such establlshed~rSon. SECTION 19. The Board is authorized to investigate th~ affairs of.~.~' ~ '~ '~Person soliciti~ for religious p~poses ~der a certificat~~'iss~;/'~ '~der Section 18 and the affairs of ~ person exempted fr°m the. re- quirement.of a permit ~der Section 3 or exompted from th~ r~emen~ of a certificate ~der Section 18, and make public its w~i~en findings tn order that tho public may be ~ly i~ormed as to th~:~afr~ of }-:~'.'' any of said persons. Said persons sh~l make available t6~:the B*a~~ or to a~ representative desig~ted by the Board in writing f°~h. specific purpose, all books, records, or other i~ormation.re~bly necessary to e~ble the Board to f~ly and fairly i~orm t~'public of all facts necessary to a f~l ~erstandi~ by the~p~ of Work and methods of operation of such. persons, ' ~OV~,. tha~V'e days before the public release of a~ findl~s u~er~;thls se~:~., Board must first serve a copy of said flndi~s upon the pe~h' invest- gated and at the time of the release of its fi~ings l't mu~..~se a ~opy of a~ ~itten statement said person may 'file wi~e ,~lamt~on~ ~on~l~ or eo~rma~on of ~at~ 'f~n~ng~.':' '. SECTION 20 .... USE OF FICTITIOUS NAMES. No Person shall dir~ or indirectly solicit contributions for any purpose ~Y"misrepresentation of his name, occupation, financial condition,~ social condition~or, residence, and no person shall make or perpetrate any other m~tement, deception~ or fraud in connection with any solicitation of any contribution for any purpose in the City of Bakersfield~ or in.any application or report filed under this OrdinanCe~i??~' ~ SECTION 21. Any person, firm, association, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not to exceed Five Hundred ($%00.00) Dollars or~ by imprisonment in the County Jail for a term not to exceed six (6) months, or by both such fine and imprisonment. SECTION 22. It is the intention of ~he Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Council that if any provision of this Ordinance is declared invalid,~all other provisions thereof shall remain valid and enforceable. SECTION 23. Emergency Ordinance No. 713 New Series and all other ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 25. This ordinance is hereby declared to be an emergency measure within the meani~ of Section 25 of the Charter of the City of Bakersfield~ State of-California~ and necessary for the immediate preservationof the public peace, safety and welfare, and shall take effect immediately upon its passage. ...... O00 ...... ~, I HEREBY CERTIFY that" the foregoing Emergency Ord~Ce was passed and adopted by the COuncil of the city'of Bakersfield, at a regular meeting thereof held on the 30th day:of September, 1946, by the following vote: 'AYES: CARNAKI$, CROS.e, ~'~ORRIS, RYDER, SIEMON, VANDERLI~I, VERCAMMEN HOES:. _.~1.~ ............................................ ABSENT: .._~ .............. ltY Cler~ and Ex-Officio ·Clerk of "the Council of the City of Bakersfield. APPROVED this 30th day of September, 1946. DR o~]the City of BakersfieLd. STATE OF CALIFORNIA) County of Kern i ss. N~RIAN S. IRVIN ~~, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on .......... .0..C..~.~.b...e.._r_ ................................ 19.4..~ .... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ....... .~...e.~_.t_.e..m..b..~...r....3..0. .................... 19..4._.~..., which ordinance was numbered ........................ New Series, and entitled: "AN ORDINANCE REGULATING SOLICITATIONS FOR CHARITABLE~ PATRIOTIC~ PHILANTHROPIC AND OTHER PURPOSES IN THE CITY OF B~RSFIELD; REQUIRING REGISTRATION OF THOSE ENGAGED IN SOLICITATIONS FOR RELIGIOUS PURPOSES; PRO- HIBITING SOLICITATIONS BY F~ALSE OR FRAUDULENT STATENENTS; ,AND PROVIDING PEN&~TIES FOR THE VIOLATION OF THIS ORDINANCE." Subscribed and sworn to before me this ................ :.] ......... day of._?.~.t...o..b.?.,r. ........... 19..._4...~.. Notary Public in and for the County of Kern, State of California.