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HomeMy WebLinkAboutOrd. No. 1967-438230 ORDINANCE N0. 438 ', AN ORDINANCE OF THECITY OF-ELSCNORE, CALIFORNIA- REGULATING,SOLIGtTAT10N5 FOR CNARITABLE PATRIOTIC, PHILANTHROPIC AND RELLGIOUS:PURBOSES,,:AND:REGULAT- ING CONMERCIAC SOLICITIORS AND PEDDLERS. The City Council>of the.City of Elsinore does ordain as-follows: Section l: ,Definitions.: Unl-ess it:is apparent from the context that another meaning is intended, the following words, when used he reinishall have the meaning ascribed to4them,by.this section; (a) "Charity"'.or,Chari able"' shat}: mean any 'charitable, 6" :` patriotic, religious, philanthropic,:-benevolent or:fraternal person, or any branch .or subsidiary xhereof. (b) '!Person" shall mean anrindividual,.group, firm; co- -partner.shi;p, corporation, company;::association, church,:religioas .-(Sect, reli,gipus denomination, scSciety, organ}nation or>league. {c) "Solicit" or "Soli-ciaation" shat mean #o:teyuest;+directly or indirecbly,:money,:property;in¢luding:disea'rde® household furnish- i.ngs,.newspaper,!magazines, castoff materials; or financial assistance of_any.kind"a ncluding donations,-or pledges of donations„or-to sell, to offer for sale or to exhibi# anything or object whatever to daiae money, including any article, tag, service, emblem publication, ticket, .....:advertisement or ;subscription; or to secure or=attempt to-secure money or donations:or other property byrpromoti:ng any bazaar, sale,"'dance, card party`supper.or entertai-nment;:whether any%of uch acts occur on the streets, in any office or public bui'Pding, by house-to-house `canvass, or in any public or private place, by personal solicitation. Section 2: Permit°Required.. : >It shall be unlawful:for any person without first having applied for:and received a permit from the Chief `of Police, as provided in this chapter',: to make any appeal to the public.foria than} y, charitable or:religious:-purpose, ei her by soliciting or coll;ectiort!gifts, contributi'.ons,: donations „or subscriptions:or by<;promoting or conducting :.any sale, ;bazaar or exhibition or by other means-whatsoever at any place or to any person in the 'city. Section 3: :.Application fors Permit. Any person desiring to do any of the acts mentioned in Sections 1 or:2 shat,l file an_applicat-ion:with the Chief of Bolice..` Said application 'shawl set forth the fol owing information: - (1) Name and address of the applicant and whether or not the applicant is affiliated wLtH orcwonking for any 'other organization than 3he'one for:whick this soli:citation is.!iniended. (2) :Location and address of-'national,' tate and local headquarters, if any. ~ _.. (3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the work. (4) The exact purpose for which the proceeds of:the'soi'icitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, enter- ' tainment or other enterprise or any parf tti'ereof, are to-be used, in- cluding the manner in which, and the amount of any compensation in- tended to be.paid to any person, firm, association or corporation out of such proceeds. (5) A financiaa statement for the last preceding fiscal year of any funds collected in this City or Else-where for charitable purposes by the applicant, giving the amount of money so raised, the cost of raising it and the final distribution thereof. In addition, if ahe applicant conducted a solicitation in this city at any time during the preceding twelve months, a separate financial statement of any funds collected thereby shall be submitted containing information c showing the amount of money so raised, the cost of raising it and the final dt=stribution thereof. _:# 23~' ''. (6) A full statement of the general character and extent of .the charitable work being done or to be done by the applicant showing how much:..thereof is-being, done: or js to be done within-the;C;ity (7). A statement that-the actual cost: of the solicitation-will not exceed twenty:percenb;(2Q'/o) of thetotal-amount to be raised.'. (8) The tota,i amount,which,is sought-to,be .raised. (9) The bank or place where all or any part of the funds raised. by-.such activity will be p aced on deposit or-,invested. (10) What records of ¢unds received will be kept .and where, and that such activity will be ppenato;theapublpc.:r . (11),A statement to the effect thatzif a permit s granted it will notbe used or represented. in any way as an endorsement, of the solicitation or person by the City or by any department;, committee, officer,or employee thereof. !: (12) A, statement to the effect: that if a permit is granted,,, no person ;.under the :,age. of sixteen!(16) years will-be permitted to solicit money. (13) The time when such solicitation will be made, giving the date .preferred by the applicant for the beginning and ending of such:solicitation. (i;4) Whether or not the-uniform or identifi motion worn or carried .resembles;-that of,-any other group in this: area conducting a;.similar type of activity:, (15) Such other information in respect to the character and past r and:.proposed activity of the applicant and the parties;;directly;in- terested In or engaged im the, work as may-be necessary, o enable the . .Chief of Police to make a-full and complete investigation. (16) A statement that if a permt_is>granted, no solicitation will be conducted in any residential area of the City at a time other than between IO:OO.A,M.:and 8:00 P,M. of the same: day,. with no solicitations on Sundays before-.12;00 noon. Section 4: ,; Permit.Granting or Denying. The Chief of Police, shall issue the .permit applied. for whenever he,shall,find thefollowing facts to exist; ;, (a) That all ,of the statements made in the .application are true. (b) That the .applicant, or if the applicant is not ;an individual person, then its managing officers and managing agents, 'be of-:good character and reputation for honesty and integrity. (c) That the control and supervision of the solicitatioh will be under responsible and reliable persons. (d) That the applicant has not engaged in any fraudulent transaction or :enterprise. (e) That the-solicfi ation will not;be a fraud on the public. (f) That the solicittation is, ,prompted soleJ'.y by a•desire to finance the charitable. cause described in the application, and will not be ,conducted, for ,private ,p;rofit.- (g) That the aost:of raising;;the funds will be ,reasonable. Any such.cost,;i;n excess of twenty percent (20%) of„the amount col ected shall be considered to :be..unreasonable. ,; 4h ), That the, kind,,charactet and method of he pCOposed solicitation, .the>time when it wi,-11 take; place, ;and its duration, are such that the solicitat,ioh will ;be in the interest of and not inimical-to the safety convenience or we1Fa-re of, he inhabitants of the Ci-ty. (i) That the applicant is acting in good,fa;ith.. (j) As a .condirSi:on to, _g ranting such permit ahe Chief of Police may require the applicant to -£ige a bond with: :,the City Treasurer in the sum of $1,000.00 iri,a form approved by the City Attorney and condi-tinned that 23,2:; if the principal thereof shall :fail'to devote, pay'or use the entire proceeds or the percentage thereof specified in the appli w tion, de- rived'from the activity mentioned>in the-application to the person, firm, association or corporation for or on whose-account or benefit such activity was conducted or carried on, then the surety will pay the same to-such person,'f'irm, association oY corporation;-to the amount of such bond. (k) When the•applica#ion is approved, a permit shall be,issued for such period of time as the applicant may request, however, provided that no permit sha11 be valid fora period of more than six (6) months from the date of issuance. -- -- Should the Chief of'PO1ice,"after a=complete investigation of the applicant-and of the ''representations•contajined in the-application, be `of the opinion that the applicant:has not stated-true facts in his application, or that if a permit should be granted to the`applicant, a fraud in all probability would be perpetrated upon the public,. the said Chief of Police may refuse to issue a-'permit-to'such applicant. Any'appilcant"denied a permit=by'the Chief'of'Po1ice"`may appeal said denial to the City Council. Sect:i:ont 5s .: Excepti:op; ?~; :. No permit shall lie required=for the solicitation of gifts, con- - tributions,-donations or'subscriptions or'the"promotion of any bazaar, sale, or exhibition or other actc.of to the public for-'a'tharity made by the members of any religious or charitable organization (or by the members of'any iegal saccessor to any such organization) which has. been inexistence in,-and which'-regdlarly has'mai'ntained headquarters or a place of 'worship-in the'City of Elsinore for a-period'of'at least five -years next preceding the date bn which such activity "shall be begun. ~ 2 Section'6: Commercial Permit. - _. - (1) Except for manufacturers'or wholesalers w lung upon ~ wholesale or retail outlets-and except for"charitable and rekigious u-.. solicitors regulated by other provisions of this chapter and regard- -.: less of whether or not any ..person may be-exempt from ttie payment of a G business license tax by reason of being engaged in interstate commerce or-other-wise, every person engaged in the 'business of selling or solicition orders for the`sale of any goods, wares or merchandise, magazines, papers (except regularly published newspapers), periodicals, j - •or-anyother form of occupation~brbusiness involving canvassing and 'j soliciting from house-to-house or place-to-place, or upon the streets ~ and public plaees•within the City; shall'in addition to paying any business f °license tax-`and'-before engaging in !such business or occupation,'-make G application to the Police'Department and obtain a permit`#o engage in:; ~ said activity. (2) :Said application shall be made on forms provided 'by the Police Department and may include the .following information: (a) Full name of the applicant and name of his employer. •-. {b)' Permanent address of applicant and his employer. -(c) Locaf -termporary address, itf any. (d) General description of and information concerning the applicant and his employer in such detail as the Police Department;may require including fingerprints; recent pictures of applicant and in#ormation concerning criminal ionvi'ctioas of the applicant or his employer•other than convictions for traffic offenses. - (3) Within>ten days after the filing !of the completed application -forms with the Police Department,'-the Chief of Police shall grant or deny the issuance of~a permit to engage'in said activity. Any applicant denied a permit by tike Chief of-Police may-appeal said denial to the City Council. Section 7: Revocation. A permit issued under Section 6 may be-.suspended or. revoked by the City 'Council or the Chief of Police if any one of the following events :occur, which event''aonstitutes a violation of 'this chapter. 2re~e7 _~ 1. The permittee ig;found to, have placed false or misleading information on his application. 2. The permittee engages in the door-to-door activify authorized by his permit in the residential, areas of he City at a, time other than between the hours of 9:00 A,M. and 8t 00 P,M: on any day except Sunday and at any time except between. the houre of 12:00 noon and „8:00 P.M,:on Sundays. 3. .When requested,to do so by the occupant of a residence, the permittee refuses to forthwith .leave the residence. 4. The sales promotion includes some element of trickery, fraud,. or deceit. No new permit :may_be issued until the permittee or his employer has,gi,ven satisfactory :evidence of his intent to comply with the provisions of this chapter. .,Any permittee whose permit has been .revoked by the. Chief of Police..- . may-appeal such revocation to the, City Council. Section 8: Waiver. of Permit. If the Chief of Police or the City,Council,determines that the j3ublic safety and protection will, not be adversely affected and if the business concern has presented sufficient evidence of reliabliity, the Chief of Police or the City .Council may waive the permit required by Section 6 for those copceras-falling within any of--the following classifications: (a) -The business concern has a permanent fixed place of business within the City of Elsinore. (b) .The business concern has a permanent fixed place of business outside the City and has been doing regular retail selling in the City fora period of at least one year. (c) The business concern has a permanent fixed place of business inside or outside the-City ,and is involved in the business of selling food products along regular retail routes. Section 9: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Lake Elsinore Valley &un. This ordinance shall become effective on the 30th day after the date of its adoption. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of January, 1967.