HomeMy WebLinkAboutORD NO 2568ORDINANCE NO. 2568
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 7.10 OF THE
MUNICIPAL CODE DELETING THE BOARD OF CHARITY
APPEALS AND SUBSTITUTING THE CITY MANAGER
FOR ISSUANCE OF PERMITS FOR CHARITABLE
SOLICITATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 7.10 of the Municipal Code, Charity Solicitors,
is amended to read as follows:
Sections:
7 10.010
7 10.020
7 10.030
7 10.040
7 10.050
7 10.060
7 10.070
7 10.080
7 10.090
7 10.100
7 10.110
7 10.120
7 10.130
7 10.140
7.10.150
7.10.160
7.10.170
7.10.171
7.10.180
7.10.190
7.10.200
7.10.210
7.10.220
7.10.230
Chapter 7.10
CHARITY SOLICITORS
Definitions.
Administration of Chapter-City Manager.
Permit required-Exemption.
Application for permit-Filing-Contents.
Issuance or denial of permit-Investigation.
Facts requiring issuance of permit.
No fee required.
Contents of permit-Term-Extension of term.
Permits not transferable.
Credentials.
Solicitation by phone.
Written receipt to contributor-When required.
Denial of permit-Hearing-Report.
Violation-Notice-Hearing.
Suspension or revocation-Notice to Police Chief.
Accounting.
Financial report-Public inspection.
Monies raised by an organization for another.
Religious solicitations-Certificate-Applications.
Certificate-Issuance-Credentials-Exemptions.
Investigation and report as to religious solicitations.
Fictitious names.
Penalty for violations
Severability.
7.10.010 Definitions. Whenever used in this chapter unless a
different meaning clearly appears from the context:
(a) SOLICIT and SOLICITATION shall mean the request directly
or indirectly of money, credit, property, financial assistance, or
other things of value on the plea or representation that such money,
credit, property, financial assistance, or other things of value
will be used for a charitable or religious purpose as those purposes
are defined in this chapter. These words shall also mean and include
the following methods of securing money, credit, property, financial
assistance or other thing of value on the plea or representation
that it will be used for a charitable or religious purpose as herein
defined:
(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 announcement to the press, over the
radio, by telephone or telegraph concerning an appeal, assemblage,
athletic or sports event, bazaar, benefit, campaign, contest, dance,
drive, entertainment, exhibition, exposition, party, performance,
picnic, sale or social gathering, which the public is requested to
patronize or to which the public is requested to make a contribution
for any charitable or religious purpose connected therewith;
(4) The sale of, offer or attempt to sell, any advertise-
ment, advertising space, book, card, chance, coupon, device, maga-
zine, membership, merchandise, subscription, ticket or other thing
in connection with which any appeal is made for any charitable or
religious purpose, or where the name of any charitable or religious
person 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 chari-
table or religious purpose.
(5) SOLICITATION as defined herein 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.
(b) CHARITABLE shall mean and include the words patriotic,
philanthropic, social service, welfare, benevolent, educational,
civic, or fraternal, either actual or purported.
(c) RELIGIOUS and RELIGION as used herein shall not mean and
include the word "charitable" as herein defined, but shall be given
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,
corporation, company, association, or joint stock association,
church, religious sect, religious denomination, society, organiza-
tion or league, and includes and 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
Bakersfield.
(h) CITY MANAGER shall mean the City Manager of the City of
Bakersfield.
7.10.020 Administration of Chapter-City Manager. The City
Manager shall administer the provisions of this chapter. He shall
receive all applications, statements, investigations, credentials,
notices, requests and reports filed pursuant to this chapter. He
shall further prepare proper forms for the administration of this
chapter.
7.10.030 Permit Required-Exemption. No person shall solicit
contributions for any charitable purpose within the City of Bakers-
field without a permit from the City Manager authorizing such
solicitations. PROVIDED, HOWEVER, that the provisions of this
section shall not apply to any established person organized and
o
operated exclusively for religious or charitable purposes and
not operated for the pecuniary profit of any person if the solici-
tations by such established person are conducted among the members
thereof by other members or officers thereof, voluntary and without
remuneration for making such solicitations, or if the solicitations
are in the form of collections or contributions at the regular
assemblies or services of any such established person.
7.10.040 Application For Permit-Filing-Contents. An application
for a permit to solicit as provided by Section 7.10.030 shall be
made to the City Manager upon forms provided by the City of
Bakersfield. Such application shall be sworn to and filed with the
City Manager at least fifteen days prior to the time the permit
applied for shall become effective; provided, however, that the
City Manager may, for good cause shown, allow the filing of an
application less than fifteen days prior to the effective date of
the permit applied for. The application herein required shall
contain the following information, or in lieu thereof, a detailed
statement of the reason or reasons why such information cannot be
furnished:
(a) The name and address of the applicant.
(b) The exact purpose for which the proceeds of the solicita-
tions, sale, bazaar, exhibition, promotion, amusement, show,
lecture, entertainment or other enterprise, or any part thereof,
are to be used, including the manner in which the amount of any
compensation intended to be paid to any person, firm, association
or corporation out of such proceeds.
(c) The total amount which is sought to be raised.
(d) The names and addresses of all persons directly interested
in or who will be in any manner engaged in the work.
(e) The bank or place where all or any part of the funds
raised by such activity will be placed on deposit or invested.
(f) 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.
(g) Any additional information which may be of assistance to
said City Manager and to the public in determining the nature and
worthiness of the purpose for which the solicitation is intended.
7.10.050 Issuance or Denial of Permit-Investigation. The City
Manager 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 explain-
ing the reason for denial. Such letters of denial shall be served
upon the applicant by registered mail.
The City Manager may make or cause to be made any investi-
gation which it deems necessary and upon request the applicant shall
make available for inspection by the City Manager or any persons
designated in writing by the City Manager, all of applicant~ 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.
7.10.060 Facts Requiring Issuance of Permit. The City Manager
shall issue the permit provided for in Section 7.10.050 hereof
whenever it. shall find the following facts to exist:
(1) That all of the statements made in the 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 of the appli-
cant has a good character or reputation for honesty and integrity.
(3) That the control and supervision of the solicitation
will be under responsible and reliable persons.
o
(4) That the applicant has not engaged in any fraudulent
transaction or enterprise.
(5) That the solicitation will not be a fraud on 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.
(7) That a need exists for the raising of such funds.
7.10.070 No Fee Required. There shall be no fee for a permit
or investigation charge under this chapter.
7.10.080 Contents of Permit-Term-Extension of Term. Permits
issued under this chapter 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 depart-
ments, officers, or employees of the purpose or of the person
conducting the solicitation. All permits must be signed by the
City Manager. No permit may grant the right to solicit longer than
ninety (90) days from its date, but the City Manager may extend
any permit for not more than ninety (90) additional days upon a
showing that unnecessary hardship would be created by a failure to
extend the original ninety (90)-day period for such additional
days.
7.10.090 Permits Not Transferable. Any permit issued under this
chapter shall be non-transferable and shall be returned to the City
Manager within two days of
facsimile copies thereof.
7.10.100 Credentials.
its date of expiration, together with all
All persons to whom permits have been
issued under this chapter shall furnish proper
agents and solicitors for such solicitation.
shall include the name of the permit holder,
describing said holder's charitable activity,
purpose of
credentials to their
Such credentials
the date, a statement
a description of the
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
must be filed with the City Manager at the time the application for
a permit is filed and must be approved by it as conforming to the
requirements of this section before such permit is issued. No
person 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 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 for
any charitable purpose for any person in the City of Bakersfield
unless such person has been granted a permit under the provisions
of this chapter.
7.10.110 Solicitation by Phone. It shall be unlawful for any
person, as defined in this chapter, to make or cause to be made,
any solicitation by telephone for any of the purposes enumerated
in this chapter, except as follows:
(a) Upon the written consent of the person to be called by
telephone being first obtained.
(b) By organization or fraternal groups to their respective
members only.
7.10.120 Written Receipt to Contributor-When Required. Any
person receiving money or anything having a value of One Dollar
$1.00) 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
plainly the name and permit number of the person under whose
permit 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 recep-
tacle used in solicitations with the written approval of the City
Manager where it is impractical to determine the amount of such
contributions.
7.10.130 Denial of Permit-Hearing-Report. Within five (5)
days after receiving notification by registered mail that his
application for a permit to solicit under this chapter has been
denied, any applicant may file a written request for a public
hearing on the application before the City Manager together with
written exceptions to the findings of fact upon which the City
Manager based h~s denial of the application. Upon the filing of
such a request, the City Manager shall fix a time and place for
the hearing and shall notify the applicant thereof. The hearing
shall be held w~thin five (5) days after the request is filed.
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, be allowed to participate in
the hearing and present evidence in opposition to the application
and exceptions. Within ten (10) days after the conclusion of the
hearing the City Manager shall render a written report either
granting or denying the application for a permit. In this report,
the City Manager shall state the facts upon the application.
This report shall be filed with the Council and shall be available
for public inspection, and a copy shall be served by registered
mail upon the applicant and all parties to the hearing. The Council
may, upon request of the applicant, review the findings of the City
Manager and render a decision based on the facts presented by the
City Manager and the applicant.
7.10.140 Violation-Notice-Hearing. Whenever it shall be shown,
or whenever the City Manager has knowledge, that any person to
whom a permit has been issued under this chapter has violated any
of the provisioDs of this chapter, or that any promoter, agent or
solicitor of a permit holder has misrepresented the purpose of
the solicitation the City Manager shall immediately suspend the
permit and give the permit holder written notice by registered,
special delivery, mail of a hearing to be held within two (2)
days of such suspension to determine whether or not tile permit
should be revoked. This notice must contain 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 City Manager in determining whether this
chapter has been violated and whether the purpose of the solicita-
tion has been misrepresented. If after such hearing the City
Manager finds that the chapter has been violated, or the purpose
of the solicitation has been misrepresented, it shall within two
(2) days after the hearing file with the Council for public
inspection and serve upon the permit holder, and all interested
persons participating in the hearing, a written statenlent of the
facts upon which it bases such findings and shall immediately
revoke the permit. If, after such hearings the City Manager finds
that the chapter has not been violated and the purpose of the
solicitation has not been misrepresented, it shall within two (2)
days after the hearing give to the permit holder a wrltten state-
ment canceling the suspension of the permit and stating that no
violation or misrepresentation was found to have been committed.
7.10.150 Suspension or Revocation-Notice to Police Chief. The
Chief of Police of the City of Bakersfield shall be notified forth-
with by the City Manager of its action granting or denying any
permit under this chapter or suspending or revoking any permit
heretofore granted.
7.10.160 Accounting. No person shall solicit any contributions
for any charitable purpose without maintaining a system of account-
ing whereby all donations to it and all disbursements are entered
upon the books and records of such person's treasurer or other
financial officer.
o
7.10.170 Financial Report-Public Inspection. It shall be the
duty of all persons issued permits under this chapter to furnish
to the City Manager within thirty (30) days after the solicitation
has been completed, a detailed report and financial statement show-
ing 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 City Manager's office at any reasonable time.
Provided, however, that the City Manager 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 unnecessary hardship on the
permit holder. The permit holder shall make available to the City
Manager or to any person designated in writing by the City Manager
as its representative for such purpose, all books, records, and
papers whereby the accuracy of the report required by this section
may be checked.
7.10.171 Monies Raised by an Organization For Another. When
monies are raised by one organization in the name of another organi-
zation, a receipt of amount received by the beneficiary organization
shall accompany the financial statement of any fund raising event
governed by this chapter.
7.10.180 Religious Solicitations-Certificate-Applications. No
person shall solicit contributions for any religious purpose within
the City of Bakersfield without a certificate from the City Manager.
Application for a certificate shall be made to the City Manager
upon forms provided by the City of Bakersfield. Such application
shall be sworn to, or affirmed, and shall contain the following
information, or in lieu thereof a statement of the reason or
reasons why such information cannot be furnished:
10.
(a) The name and address or headquarters of the person
applying for the registration certificate.
(b) If applicant is not as individual, the names and addresses
of the applicant's principal officers and managers and a copy of
the resolution, if any, authorizing such solicitation, certified 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 therefrom.
(d) A specific statement, supported by reasons and, if avail-
able, 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 con-
ducting the solicitations.
(h) The time when such solicitations shall be made, giving
the preferred dates for the beginning and ending of such solicita-
tions.
(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
year or 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.
11.
(1) A full statement of the character and extent of the
religious work being done by the applicant within the City of
Bakersfield.
(m) A statement to the effect that if registered, such regis-
tration will not be used or represented in any way as an endorse-
ment by the City of Bakersfield or by department or officer thereof.
(n) Such other information as may be submitted to the City
Manager in order for it to determine the kind and character of the
proposed solicitation.
If, while any application is pending, or during the term
of any certificate granted thereon, there is any change in fact,
policy, or method that would later alter the information given
in the application, the applicant shall notify the City Manager
in writing thereof within twenty-four hours after such change.
7.10.190 Certificate-Issuance-Credentials-Exemptions. Upon
receipt of such application, the City Manager shall forthwith issue
the applicant a certificate of registration. The certificate shall
remain in force and effect for a period of ninety (90) days after
the issuance thereof, and shall be renewed upon the expiration of
this period upon the filing of a new application as provided for
in this section. Certificates of registration shall bear the name
and address of the person by whom the solicitation is to be made,
the number of the certificate, the date issued and a statement
that the certificate does not constitute an endorsement by the
City of Bakersfield or by any of itsdepartments or officers, of
the purpose or of the person conducting the solicitation. All
persons to whom certificates of registration have been issued
shall furnish credentials to conform to the requirements specified
for credentials in Section 7.10.100, and a copy of such credentials
shall be filed with the City Manager at the time of the filing of
the application for a certificate. No person shall solicit for
any religious cause without having such credentials in his posses-
sion, together with a copy of the certificate of registration
12.
under which the solicitation is being conducted, and such person
shall upon demand, present these credentials and this copy of the
certificate to any person solicited or to any police officer of
the City of Bakersfield, provided, however, that the provisions of
this section shall not apply to any established person organized
and operating exclusively for religious purposes and not operated
for pecuniary profit of any person if the solicitations by such
established person are conducted among the members thereof by other
members or officers thereof, voluntarily and without remuneration
for making such solicitations, or if the solicitations are in the
form of collections or contributions at the regular assemblies or
services of any such established person.
7.10.200 Investigation and Report as to Religious Solicitations.
The City Manager is authorized to investigate the affairs of any
person soliciting for religious purposes under a certificate issued
under Section 7.10.190 and the affairs of any person exempted
from the requirement of a permit under Section 7.10.030 or exempted
from the requirement of a certificate under Section 7.10.190,
and make public its written findings in order that the public may
be fully informed as to the affairs of any said persons. Such
persons shall make available to the City Manager or to any repre-
sentative designated by the City Manager in writing for such
specific purpose, all books, records or other information reason-
ably necessary to enable the City Manager to fully and fairly inform
the public of all facts necessary to a full understanding by the
public of the work and methods of operation of such persons, pro-
vided, that five days before the public release of any findings
under this section, the City Manager must first serve a copy of
said findings upon the person investigated and at the time of the
release of its findings it must release a copy of any 'written
statement said person may file with the City Manager in explana-
tion, denial, or confirmation of said findings.
13.
7.10.210 Fictitious Names. No person shall directly or indi-
rectly solicit contributions for any purpose by misrepresentation
of his name, occupation,
residence, and no person
statement, deception, or
financial condition, social condition or
shall make or perpetrate any other mis-
fraud in connection with any solicitation
of any contribution for any person in the City of Bakersfield, or
in any application or report filed under this chapter~
7.10.220 Penalty For Violations. Any person, firm~. association,
or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not to exceed five hundred dollars
($500.00), or by imprisonment in the county jail for a term not
to exceed six months, or by both such fine and imprisonment.
7.10.230 Severability. It is the intention of the Council that
each separate provision of this chapter shall be deemed independent
of all other provisions herein, and it is further the intention of
the Council that if any provision of this chapter is declared
invalid, all other provisions thereof shall remain valid and
enforceable.
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 if its passage.
.......... o0o ..........
14.
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 the 30th day of July , 1980, by
the following vote:
CITY'gLERK~fnd E~Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 30t?d' day of July
~O'R ~{/~he City of Bakersfield
, 1980
APPROVED as to form:
CITY ATTORNEY of the C~ of ]~akersfield
Affi au of ostiug r uan es
STATE OF CALIFORNIA, l
County of Kem~ ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa July 31 80
.................................................................................................................. ,19 ...........he posted on the Bulletin Board
at the City Hall, a full, t~'ue and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ....... .~..u....1..~......~.~ ......................................., 80
19 .............which ordinance
was numbered .... ~.~.~8 ..........New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 7.10 OF THE
MUNICIPAL CODE DELETING THE BOARD OF CHARITY
APPEALS AND SUBSTITUTING THE CITY MANAGER
FOR ISSUANCE OF PERMITS FOR CHARITABLE
SOLICITATIONS.
Subscribed and sworn to before me this
.~t . day of ........ ~.Y ........................., 19...P0