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HomeMy WebLinkAboutORD 450ORDINANCE NO. 450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT REPEALING CHAPTER 5.84 OF TITLE 5 AND ENACTING A NEW CHAPTER 5.84 PERTAINING TO SOLICITATION AND FUND RAISING ACTIVITIES. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1: That Title 5, Chapter 5.84 be and the same is hereby repealed. SECTION 2: That Title 5, Chapter 5.84, is hereby enacted to reads as follows: "CHAPTERS. 84. NONCOMMERCIAL SOLICITATIONS. 5.84.010 Definitions A. "Noncommercial purpose" means the purpose of any nonprofit organization which has obtained recognized state or federal tax exempt status. B. "Director of Code Compliance" means the person exercising that function or any City employee designated by the Director of Code Compliance to perform such functions hereunder. C. "Contribution" means the giving of anything of value, including money, property or any other type of financial assistance, or the pledging of anything of value, including money, property or any other type of financial assistance, or the purchasing or offering to purchase anything of value or not, including, but not limited to goods, services, books, pamphlets, tickets, subscriptions to publications, upon the implied or express representation that the proceeds, or a portion thereof, of the gift,pledge, or purchase will be used for a noncommercial purpose. D. "Permit Holder" means the person on whose behalf of the solicitation will be conducted. E. "Applicant" shall mean the person applying to the License Collector for a solicitation permit on behalf of the permit holder. -1- DJE8/16 F. "Person" means any individual, partnership, corporation, or association, including any firm, company, society, organization, church, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative thereof. G. "Organization" shall mean any partnership, corporation, or association, including any firm, company, society, church, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent or other similar representative thereof. H. "Solicit" and "solicitation" shall mean the request, directly or indirectly, for any contribution. A "solicitation" shall be complete when the request is made, whether or not the person making the request receives any contribution. I. "Solicitor" shall mean an individual who solicits or who engages in a solicitation as defined in this section. 5.84.020 Permit Required for Noncommercial Solicitation. A. No person shall; within the City, conduct or knowingly allow to be conducted on such person's behalf the solicitation of contributions for any noncommercial purpose, unless the person holds a valid permit issued pursuant to the provisions of this Chapter and the solicitation is conducted in accordance with all the provisions of this Chapter. B. No individual shall, within the City, solicit or engage in the solicitation of, contributions for any noncommercial purpose, unless the person on whose behalf the solicitation is being made holds a valid permit issued pursuant to the provisions of this Chapter and the solicitation is made in accordance with all the provisions of this Chapter. C. Nothing set forth in this Chapter shall be construed as granted to the Code Compliance Director of the City Council any discretion to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the permit holder. -2- DJE8/16 5.84.030 Exemptions The following are exempted from the operation of this Chapter. A. Solicitation by any organization from its members; • B. Solicitation by a person when such solicitation occurs on premises owned or controlled by the solicitor or with the permission of the person who owns or controls the premises. C. Solicitation which is subject to disclosure under state or federal political disclosure laws. D. The issuance of any announcement or advertisement that such solicitation as described in subsections A, B or C above will occur or which announces or advertises an event at which unannounced solicitation as described in subsections A, B or C above occurs. E. Solicitation conducted solely by means of radio or television broadcasts or solely by means of newspapers or magazines or solely by direct solicitations by United States mail. F. Bona fide organizations which have a place of worship or headquarters in the Coachella Valley, County of Riverside, for a period of at least one year. 5.84.040 Application for Permit A. Applications for noncommercial solicitation permits shall be made to the Director of Code Compliance upon forms prescribed by the City. The application shall be declared under penalty of perjury and filed with the License Collector. The application shall be accompanied by an application fee, in an amount to be set by resolution of the City Council. The application fee will not be refunded if a permit is not issued. B. Such application shall contain the following information and documentation: 1. The full name, mailing address, principal business, residential address, telephone number and date of birth of the applicant and the nature of the relationship between the applicant and the permit holder, including whether the applicant is a volunteer, -3- DJE8/16 a paid officer or employee, an independent contributor, or an agent of the permit holder; 2. Documentation from the United States Internal Revenue Service or from the California Franchise Tax Board. that the permit holder is tax exempt under federal or state income tax laws; 3. If the permit holder is: a. An individual, the full name, mailing address and principal business or residential address and telephone number. b. A partnership, the full name, mailing address and principal business or residential address an telephone number of each partner. However, if there are more than ten (10) partners, only the ten (10) principal partners need be listed. C. A corporation, whether it is organized under the laws of California or is a foreign corporation, and, if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business address and telephone number of the individual in charge of the local office of the corporation and of all officers, directors and trustees of the corporation. However, if there are more than ten (10) officers, directors and trustees, only the ten (10) principals among the officers, directors and trustees of the corporation need be listed. d. An association, the mailing address and principal business address and telephone number of the association and the full name, mailing address, and principal business or residential address and telephone number of each member of the association. However, if there are more than ten (10) members of the association, only the ten (10) principal members of the association need be listed. If the association is part of a multi -state association, the mailing address and business- address and telephone number of its central officer shall also be given. -4- DJES/16 4. If the permit holder intends to use a paid solicitor to solicit contributions on behalf of the permit holder, the information required by subsection (B)(3) above shall also be applicable to the paid solicitor; S. The full name, mailing address and principal business or residential address and telephone number, of each individual who will be in charge of supervising the solicitation; 6. The full name, mailing address, principal business or residential address, telephone number, social security number and driver's license number of each individual who will be in direct charge or control of the contribution solicited and of their disbursement; 7. The exact purpose of the solicitation and the exact geographic area in which the solicitation will be conducted; B. The total monetary value of contributions projected to be raised by the solicitation, and the estimated percentage of the total monetary value of the projected contributions that will be used for the noncommercial purpose; 9. A description of the records which will be kept of the contributions received and the revenues and expenses of the permit holder, including administrative and fund raising costs, and whether such records will be open to the public, and if so, the address and telephone number of the place where they may be inspected; 10. The time during the day when the solicitation will be made, and the dates for the commencement and termination of the solicitation; 11. A short outline of the method or methods to be used in conducting the solicitation, including the number of solicitors. 12. A statement that none of the solicitors have been convicted of any of the crimes specified in ,;� Section 5.84.070(E). -5- DJES/16 13. ' A statement that the permit holder assumes responsibility that all solicitors comply with all the requirements of Section 5.84.070. 14. A statement 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, officer or employer thereof; 15. The address of the applicant and of the permit holder where the Director of Code Compliance can send notices required by this part. C. The Director of Code Compliance shall forward a copy of the application to the Police Department. D. 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 on the application, the applicant shall notify the Director of Code Compliance in writing thereof within 24 hours after such change. 5.84.050 Issuance of Permits A. The Director of Code Compliance shall issue the permit to the applicants within thirty (30) days after the date the application is filed, unless the Director of Code Compliance finds that: 1. The applicant has not provided the information required by Section 5.84.080 and has failed to provide an amended application with the missing information after being requested to do so; and 2. The applicant indicates on the application that the proposed solicitation will violate any provision of Section 5.84.070 and has failed to amend the application to indicate compliance with said sections after being requested to do so; 3. The applicant failed to file the sworn financial statement required under Section 5.84.070(D) after the expiration of the applicant's previous solicitation permit; or 4. The applicant has knowingly and wilfully submitted false information on the application. 1 DJEB/16 B. The Director of Code Compliance shall have the duty to make the requests specified in subsection (A) above and shall do so by serving written notice upon the applicant within the time period of issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested. C. If the Director of Code Compliance requests an amended application pursuant to this section, he/she shall not act on the permit application for ten (10) days after the date the request is personally serviced or deposited in the United States mail. If the applicant fully complies with the request on or before the tenth day, the Director of Code Compliance shall issue the permit within five (5) days after the amended application is filed. D. The permit shall be valid for the time stated in the permit application but in no case shall the time exceed a period of one (1) year. E. If the permit is denied, the Director of Code Com- pliance shall have the duty to so notify the applicant and shall serve the notice within the time period specified in subsection (C) for issuance of the permit. Every such notice of denial shall be in writing, shall state the grounds therefor, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested. F. Any permit holder aggrieved by any action of the Director of Code Compliance to request an amended applica- tion or to deny a permit may appeal to the City Council by filing a written notice of appeal with the City Clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten (10) days after the date the notice of denial is personally served or deposited in the United States mail. The Council shall hear the appeal in accordance with the provisions of Section 5.84.090. F. The filing of an appeal with the City Council shall not stay the action of the Director of Code Compli- ance. If the applicant does not file a timely notice of appeal, as required by subsection (E) above, the permit holder shall have waived all rights to administrative remedy. -7- DJE8/16 5.84.060 Manner of Solicitation A. Solicitations pursuant to permits under this Part shall: 1. Not be made by any person under the age of sixteen (16) years, unless accompanied by an adult; and 2. Not be made at any house, apartment or other dwelling nor at any business to which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant. B. The solicitor shall: 1. Furnish credentials provided by the City to their solicitors for such solicitation. Such credentials shall include the name of the organization represented, a description of the purpose of the solicitatino, the name of the solicitor, address, age and duration of time which solicitation is authorized, solicitors' signature. The credentials shall be worn by the solicitor at all times when soliciting within the City.- 2. Upon receipt of a contribution valued in excess of Five Dollars ($5.00), give the contributor a written receipt signed by the solicitor showing plainly the name of the permit holder and the solicitor, the permit number, the date, the amount received, and the amount of the contribution which is tax-deductible. This subsection 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 contribution. 3. Not affix any object to the person or property of any contributor or member of the public without first receiving express permission therefor; 4. Not persistently or importunately request any contribution from any person after such person expresses his or her desire not to make a contribution; or 5. Not intentionally or deliberately obstruct the free movement of any person. -8- DJEB/16 D. The permit holder shall file with the Director of Code Compliance, within thirty (30) days after the expira- tion of solicitation permit, a sworn financial statement showing the total monetary value of the contributions raised by the solicitation, and the percentage of the total mone- tary value of the contributions solicited that were used for the noncommercial purpose. E. No individual shall solicit any contribution if that person has been convicted in any court of competent jurisdiction of any of the following crimes, as defined in the California Penal Code: murder, mayhem, kidnapping, robbery, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or attempt to commit any of the aforementioned crimes. 5.84.070 Nontransferrability of Permits No permit issued under this Chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void. 5.84.080 Revocation of Permits A. Whenever it shall be shown that any permit holder has violated any of the provisions of this Chapter, the Director of Code Compliance may suspend the permit by serving written notice on the permit holder no less than two (2) business days prior to the suspension. The notice shall be served by personal service or by deposit in United States Postal Service, certified mail, return receipt requested, at the address specified in the permit application or any amend- ment thereto. The notice shall state with specificity the reasons for the suspension and how it can be removed, that the permit will be revoked unless, within ten (10) days after the notice is served, the suspension is either removed or appealed to the City Council, and the method of appeal. B. If the violation concerns the manner of solicita- tion as set forth in Section 5.84.070, the Director of Code Compliance shall lift the suspension and proposed revocation if the permit holder discharges the offending solicitors. If the violation involves the disclosure of information as set forth in Section 5.84.040, the Director of Code Compli- ance shall lift the suspension and proposed revocation if the permit holder amends the application. DJES/16 C. Any permit holder aggrieved by any action of the Director of Code Compliance to suspend or revoke a permit may appeal to the City Council by filing a written notice of appeal to City Clerk. Such appeal shall state with specifi- city the reasons therefor and shall be filed within ten (10) days after the notice of suspension and proposed revocation is personally served or deposited in the United States mail. D. The appeal shall be heard at the next regularly scheduled Council meeting held at least ten (10) days after the appeal is filed. At the time of the hearing, the Council shall hear all relevant evidence and shall determine the merits of the appeal and it shall render a decision there- on within three (3) business days after the hearing. Said decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two (2) days thereafter by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested. E. The filing of an appeal with the Council shall not stay the action of the Director of Code Compliance. If the permit holder does not file a timely appeal, as required by subsection (C) above, the permit holder shall have waived ail rights to administrative remedy. �. 5.84.090 Penalty Any person violation or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine of not to exceed Five Hundred Dollars ($500) or by imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. SECTION 3: SEVERABILITY The City Council of the City of Palm Desert hereby declares that should any section, paragraph, sentence or word of this chapter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. -10- DJES/16 SECTION 4: SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations. were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions application to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5: CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Desert Sun, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Palm Desert this 23rd day of January, 1986, by the following vote: AYES: BENSON, SNYDER, WILSON and KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE MAYOR 0r THE C I TY OF PALM D'P6ERT ATTEST: i CITY CLERK CITY OF PALM DESERT, ALIFORNIA -11-