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HomeMy WebLinkAbout01/10/1989 (6) VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: January 10, 1989 REFERRED TO: AUDITORIUM AND COMMUNITY SERVICES (CHARLES GRAVISS) ITEM: (Proposed) An Ordinance of the Council of the City of Bakersfield amending Subsection C. of Section 5.18.040, Subsection B. of Section 5.18.050, Section 5.18.170, and Repealing Section 5.18.180 of the Bakersfield Municipal Code Relating to Charitable Solicitations. BACKUP MATERIAL ATTACHED: Yes Committee Report sent to Council-~ Ordinance Adopted ' (date) Proposed Ordinance Cancelled (date) Other REFER.2 MEMORANDUM January 3, 1989 TO: Vice-Mayor Smith FROM: Arthur J. Saalfield, City Attorney~~ SUBJECT: Proposed Ordinances ~/.. On 12/14/88 the Council approved City Managers' Report No. 3a-88, providing that each proposed ordinance, other than an ordinance re-zoning property or an emergency ordinance, be referred by the Vice-Mayor to a committee to be chosen by the ~ Vice-Mayor prior to Council action. , ~~ Attached are the following two ordinances. ~_~- 1. Parcel & Tract Maps, ~~'~ ~~- 2. Charitable Solicitations~ ~-~ ~ ~/~J~ Please refer these proposed ordinances to whichever committee you deem appropriate. Thank you for your help. AJS:sdf 4 M.VMAYOR2 cc: J. Dale Hawley M. Strenn E. Schulz J. Hardisty G. Klimko B. Descary ADMINISTRATIVE : REPORT Meeting Date: _January. 4, 1989 Agenda Section: Agenda Item: TO: Honorable Mayor and City Council A_~proved FROM: City Attorney's Office ~epartment Head DATE: January 4, 1989 ~ity Manager SUBJECT: An Ordinance fo the Council of the City of Bakersfield Amending Subsection C. of Section 5.18.040, Subsection B. of Section 5.18.050, Section 5.18.170, and Repealing Section 5.18.180 of the Bakersfield Municipal Code Relating to Charitable Solicitations. RECOMMENDATION: First reading. BACKGROUND: This amendment of the charitable ~solicitations ordinance eliminates the requirement for disclosure by the soliciting party of information which is not.necessary for the issuance of the solicitation permit, and which was some both for the solicitor and the city to gather and investigate. This ment also eliminates the requirement that the solicitor keep records available for inspection bY the city for an indefinite time after the expiration of the permit. It adds a requirement that the solicitor maintain records for a period of one year following the expiration of the permit, and eliminates the require- ment that the solicitor furnish the city with a financial statement following the solicitation. AJS/meg 4:ADM.LCM2 ORDINANCE NO. NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION C. OF SECTION 5.18.040, SUBSECTION B. OF SECTION 5.18.050, SECTION 5.18.170 AND REPEALING SECTION 5.18.180 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS. BE IT ORDAINED by the council of the City of Bakersfield as follows: SECTION 1. Section 5.18.040C of the Bakersfield Municipal Code is hereby amended to read as follows: 5.18.040 Permit - Application - Filing - Contents. 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; 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. 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. 5. 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; 6. An outline or description of all methods to be used in conducting the solicitation; 7. The dates when solicitations shall be made; 8. The tax-exempt number of the applicant organization and a copy of the exemption letter from the Federal or State taxing authorities; 9. The bank or other financial institution and the account number where all or any part of the funds raised by such activity will be placed on deposit or invested; 10. The name and address of a person available to accept service of notice and process during business hours on behalf of the permit holder; 11. 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; 12. 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. SECTION 2. Section 5.18.050B of the Bakersfield Municipal Code is hereby amended to read as follows: 5.18.050 Permit - Investigation. 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, or during the time the permit is in effect. SECTION 3. Section 5.18.170 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.18.170 Accounting. No person shall solicit any contributions for any chari- table or religious purpose in the City of Bakersfield without maintaining a system of accounting whereby all donations to it and -2- all disbursements are recorded in a comprehensible manner. Ail such records shall be maintained for a period of one year follOw- ing the expiration of the charitable solicitation permit. SECTION 4. '~ Section 5.18.180 of the Bakersfield Municipal Code is hereby repealed. SECTION 5. 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 -3- 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 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCM/sdf O ORD 4 CHARITYi.i-i.4 12/29/88 --4--