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Ordinance - 1475• ORDINANCE NO. 1 475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING THERETO A NEW ARTICLE IX RELATING TO CHARITY SOLICITATIONS AND REPEALING DIVISION 2 OF ARTICLE VII (URGENCY MEASURE). THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The West Covina Municipal Code is hereby amended by the addition of a new Article IX to read as follows: "ARTICLE IX. CHARITY SOLICITATION DIVISION 1. GENERALLY • SECTION 14-250. Definitions. As used in this Article, the following terms shall have the indicated meanings: City License Collector shall mean and include the person exercising the function or any city employee.. designated by the City License Collector to perform such functions hereunder. Contributions means and includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property. Person means any individual, firm, partnership, corporation, company, association, society, organiza- tion, church, congregation, assembly or league. Charitable purpose shall mean any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose. Charitable organization shall mean any benevolent, philanthropic, patriotic, not -for -profit, an eleemo- synary group, association or corporation, an organiza- tion purporting to be such, which solicits and collects funds for charitable purposes. Solicit and solicitation 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 thing of value will be used for a charitable purpose as those purposes are defined in this section, conducted door • to door, in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks, on the public beaches or in any public places. These words also mean and include the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the manner stated above: (1) Any oral or written request; (2) The local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication; (3) The sale of any goods or services. "Solicitation," as defined herein, shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section. SECTION 14-251. Limitations on Solicitation. Solicitation pursuant to permit under Division 2 of • this Article: (1) Shall take place only between the hours of 9:00 a.m. and 7:00 p.m. (2) Shall not be made at any house, apartment or other dwelling to which is,affixed a sign indica- ting 'No Solicitors' or similar indication that no solicitation contact is desired by the occupant thereof. (3) No person convicted of a felony or under indictment for a felony may be used as a solicitor. SECTION 14-252. Credential •Card, .of Solicitors. All persons to whom permits have been issued under Division 2 of this Article shall furnish proper credential cards to their agents and solicitors for such solicitation. The credential card shall include the name of the permit holder, the date, a statement of the charitable purpose of the solicitation, signature of the permit holder or its executive officer and the name and the signature of the soli- citor to whom such credential card is issued and the specific period of time during which the solicitor • is authorized to solicit on behalf of the permit holder, attached to which card shall also be a copy of the permit issued under Division 2 of this Article. No person shall solicit under any permit granted under Division 2 of this Article without making available to the person being solicited for review -2- the credential required under this section. SECTION 14-253. Receipts. Any person receiving money or anything of value in excess of five dollars ($5.00) from any contributor by means of solicitation made pursuant to a permit shall • give each contributor a written receipt signed by the solicitor showing plainly the name and the permit number of the person under whose permit the solicitation is conducted, .the date and the amount received; provided, however, this section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contributions. SECTION 14-254. Manner of Solicitation. No person to whom a permit has been issued nor any agents or solicitors of such person shall: (1) Affix any, object to the person of any contributor or member of the public without first receiving express permission therefor; (2) Persistently and importunately request any donation from any member of the public after such member of the public expresses his desire not to make a donation; and (3) Intentionally and deliberately obstruct the free movement of any person on any street, • sidewalk or other public.place or any place open to the public generally. SECTION 14-255. Exemption. The provisions of this Article shall not apply to any person where charitable solicitations are conducted among the members thereof by other members. SECTION 14-256. Penalties; Violations. Any person, as hereinabove defined or any agent, servant, employee or officer thereof violating any of the provisions of this Article, or who aids or abets in the procuring of a violation of any provision, part or portion of this Article, or who files or causes to be filed an application for a permit containing false or fraudulent statements of fact, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1-37 of this Code. Each violation shall be deemed a separate offense and shall be punishable as such. DIVISION 2. PERMIT • SECTION 14-267. Required. No person shall, directly or indirectly, solicit nor authorize any other person to solicit contributions for any purposes within the city without a charitable permit therefor as provided in this Article. -3- SECTION 14-268. Filing Application. An application for a charitable solicitation permit shall be made to the City License Collector upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the City License Collector not less than fifteen (15) days prior to the time at which the permit applied for to become . effective; provided, however, the City License Collector may for a good cause shown allow such filing less than fifteen (15) days prior to the effective date of the permit applied for. . SECTION 14-269. Information Required in Application. The application for a permit required by this Division shall contain the following informa- tion: (1) Name, address and principal office of the person applying for the permit. (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and executives. (3) A statement that the purpose for which the solicitation is made is exclusively for and in connection with the exercise of charity. (4) The total amount of funds to be raised by solicitation and the disposition of said funds, which information shall include what percentage of • the proceeds of such solicitations will be used directly for the charitable purposes of the organiza- tion. For the purposes of providing this information the following items shall not be deemed to be used for the charitable purposes of the organization: (a) Salaries or commissions paid to solicitors; (b) Administrative expenses of the organ- ization, including but not limited to, salaries, attorneys fees, rents, telephone, advertising expenses, contributions to other organizations and persons, except as charitable contributions, and related expenses incurred as administrative and overhead items. (5) The name and address of the person or persons who will be in charge of conducting the solicitation and the names of all fund raisers connected with or to be connected with the proposed solicitation. (6) A short outline of the method or methods to be used in conducting the solicitation. (7) The time when such solicitations will be • made, giving the preferred dates and hours of the date for the commencement and termination of solicitation and the geographic area in which the solicitations will occur. -4- (8) Whether the uniform or any other identi- fication worn or carried by the solicitor resembles that of any other group in the city conducting solicitation activities. (9) Proof that the organization has complied . with all State laws governing charitable solicita- tions, including the State's approval of the organi- zation's charitable tax exempt status and proof of the organization's tax exempt status under the Federal Internal Revenue Code. (10) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department or officer thereof. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given in the application, the applicant shall notify the City License Collector in writing thereof within twenty- four (24) hours after such change. SECTION 14-270. Investigation of Application. The City License Collector shall investigate all applications for permits required by this Division to the extent he deems necessary for him to perform his duties hereunder. Upon request by the City License Collector, applicant shall make available for inspection all of applicant's financial books, records, and papers at any reasonable time before the applica- tion is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of the factual accuracy of the information contained in the application. Failure.to make any such information available within fifteen (15) days of the City License Collector's request to inspect same shall automatically result in revocation of the permit. SECTION 14-271. Grounds for Denial. The City License Collector must issue the permit unless any of the following have been demonstrated: (1) Any statement in the application is factually incorrect. (2) That the proposed solicitation will violate any of the requirements of Section 14-251 above. (3) That applicant has not.provided the informa- tion required by this Article. SECTION 14-272. Notice Upon Denial. In the • event the City License Collector denies a permit to any applicant under this Division, the City Lisence Collector shall give the applicant a written notice, stating with specificity the reasons for such denial. M-70 SECTION 14-273. Time of Issuance. The City License Collector shall not unreasonably withhold either granting or denying the requested permit after the application is made. SECTION 14-274. Form. A permit issued under • this Division shall bear the name and address of the person to whom it is issued, the number of the permit, the date issued, the dates within which the permit holder may solicit and a statement as to the disposition of the proceeds raised by solicitation as set forth in Section 14-269(4), and the statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of or for the person conducting the solicitation. SECTION 14-275. Nontransferability. No permit issued under this Division shall be transferred or assigned and any such attempt of assignment or transfer shall be void. SECTION 14-276. Revocation. Whenever it shall be shown that any person to whom a permit required by this Division has been issued has violated any of the provisions of this Article, the City License Collector shall suspend the permit after giving written notice to the permit holder of not less than two .(2) business days in person or by registered • special delivery of the proposed revocation, stating with specificity the reason for such proposed revoca- tion. SECTION 14-277. Term. Permits issued under this Division shall be valid for a period of six (6) months unless renewed, revoked or.suspended pursuant to the provisions hereof. SECTION 14-278. Renewal. On the expiration of any permit issued under this Division, and if requested in writing to do so, the City License Collector must renew the permit if the factual infor- mation upon which the original application was granted remains unchanged and no violations have been committed. Upon such request for renewal, the applicant must state that no change has occurred since issuance of the original permit. Said renewal shall be subject to the same investigation provided for in Section 14-270. SECTION 14-279. Denial, Revocation or Refusal to Renew not to be Based on Disagreement with Philosophy, Opinions, etc., of Applicant. Nothing in this Article shall be construed as granting to the City License Collector or any other person the authority to grant, deny, revoke, renew or suspend any permit by reason of disapproval or agreement with the philosophy, opinion, or belief of the applicant, permit holder or M person soliciting therefor, or for any other reason not specifically provided for herein. SECTION 14-280. Appeal of Denial, Revocation or Refusal to -Renew. • (a) Any applicant or permit holder under this Division,aggrieved by any action of the City License Collector to deny, revoke or refusal to renew a permit, may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City License Collector. Such appeal shall be filed within ten (10) days after the disputed action of the City License Collector and the City Council shall hear the appeal at its next regular meeting, not more than fifteen (15) days after filing thereof. ., (b) At the time of the appeal hearing, the City Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon. (c) In the event the City Council affirms the decision of the City License Collector, the appellant shall be given written notice thereof within two (2) days thereafter stating with specificity the reasons for the decision. The action of the City Council shall be final." • SECTION 2. Division 2 of Article VII of the West Covina.Municipal Code is hereby repealed. SECTION 3. That this Ordinance is hereby declared to be an urgency ordinance and shall take effect immediately upon its adoption by a four -fifths (4/5) vote of the Council. A statement of facts constituting the basis of such urgency is as follows: The City Council has been advised that as a result of recent court decisions, the present provisions of the Munici- pal Code relating.to Charity Solicitations would not withstand legal challenge. In order that there not be a void in the City's ability to impose and enforce valid regulations with respect to Charity Solicitations in the City, it is necessary for this Ordinance to take effect immediately so as to preserve the public health, safety and welfare. SECTION 4. The City Clerk shall certify to the immediate adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 24th day of March , 1980. -7- ATTEST: City Clerk PASSED AND ADOPTED as an Ordinance of the Citz f West Covina at a regular meeting thereof held on the 4th day of March , 1980. AYES: Councilmen: Miller, Tice, Shearer, Browne, Chappell NOES: Councilmen: None ABSENT: Councilment: None APPROVED AS TO FORM: 04. City Attorney 9 City Clerk