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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