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HomeMy WebLinkAboutORD 495ORDINANCE NO. 495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.80 OF TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT AND ENACTING A NEW CHAPTER 5.80 PERTAINING TO CHARITABLE SOLICITATIONS. The City Council of the City of Palm Desert DOES HEREBY ORDAIN as follows: .SECTION 1: That Title 5, Chapter 5.80, of the Code of the City of Palm Desert be and the same is hereby repealed. SECTION 2: That Title 5, Chapter 5.80, is hereby enacted to read as follows: 5.80.010. Definitions. For the purposes of this chap- ter, the following words are defined and shall be construed as hereafter set forth unless it is apparent from the context that they have a different meaning: "Charitable" includes the words "philanthopic", "social services", "benevolent", "patriotic", either actual or purported; "Director" means the Code Compliance Director of the City of Palm Desert; "Contribution" includes the words "money", "property' or "donations" under the guise of a loan or money or property; "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. "Solicitation" means and includes the following: (A) The sale of, offer or attempt to sell any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose or the name of any charity, philanthropy or charitable association is used or referred in any such appeal as an inducement or reason DSP9/12 st/cr/11.5.8 i 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 charitable purpose or association. A solicitation as defined herein shall be deemed com- pleted when made, whether or not the person making the same received any contribution or makes any sale referred to in this chapter. 5.80.020 Compliance with Chapter --Notice of Intention. No person shall solicit, nor shall any officer or member of any association authorize any person to solicit any contri- bution for any charitable purpose until a "Notice of Intention" has been filed with the Director and the Director shall have supplied the applicant with a certificate hereinafter provided for and marking it "APPROVED" or "FOR INFORMATION PURPOSES ONLY". - 5.80.030 Notice of Intention - Contents. The applicant, within the fiscal year of the City in which such solicitation is made, and at least thirty days prior to the beginning of such solicitation, shall have filed with the Director, on a form, in triplicate, furnished by said Director to such applicant or association upon whose behalf the solicitation is made, a written notice of intention to solicit such contribution, which notice shall contain complete information as follows: (1) The purpose of the solicitation and use of the contribution to be solicited; (2) A specific statement, supported by reasons and, if available, figures showing the need for the contribution proposed to be solicited; (3) The character of such solicitation and how it will be made or conducted; (4) The expenses of the solicitation including salaries and other items, if any, regardless of from what funds such expenses are payable; (5) What portion of the contribution collected as a result of the solicitation will remain available for application to the specific purposes declared in the notice of intention as the object of the solicitation; (6) A specific statement of all contributions collected or received by such person or association within the calendar year immediately preceding the filing of such -2- DSP9/12 st/cr/11.5.86 notice of intention; the expenditures or use made of such contributions together with the name and addresses of all persons or associations receiving salaries, wages, compen- sation, commissions or emolument for such contributions, and the respective amounts thereof; (7) The names and addresses of the officers and directors of any such association for which the solicitation is proposed to be made; (8) A copy of the resolution, if any, of any such association authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof; (9) A statement that the signers of such notice have read and are familiar with the provisions of this chapter and will require all solicitors engaged in such solicitation prior to making any such solicitation. .5.80.040 Powers of the Director. The Director shall have the following powers: (1) To receive the notice of intention as provided in 5.80.030 investigate same and supply to the applicant a copy of a certificate with either the work "APPROVED" or "FOR INFORMATION PURPOSES ONLY" marked thereon; (2) To investigate the allegations of the notice of intention or any statement or representations; said investigation shall be for the time prescribed in Section 5.80.030; (3) To have access to and inspect and make copies of all books, records and papers of any applicant by or on whose behalf any solicitation is made; (4) To investigate at any time the methods of making or conducting any such solicitation; (5) To publish results of any investigation provided for or authorized by Section 5.80.030 and to ascertain and to publicize any additional information obtained as shall, in the opinion of the Director, be of assistance to the public to determine the nature and worthiness of the purpose for which the solicitation is made; DSP9/12 st/cr/11.5.86 (6) To give such publicity to any such results by such means as may be deemed best to reach the general public and persons interested; (7) To waive the whole or any part of the provi- sions of this chapter for the purpose of meeting any extra- ordinary emergency or calamity. 5.80.050 Standards. The days, approve the issuance of "APPROVED" marked thereon when to exist: Director shall, within thirty the certificate with the word the following facts are found (1) That all the statements made in the applica- tion are true; (2) That neither the applicant, nor any of its agents operating in the City, shall have been convicted of a crime, 'either felony or misdemeanor, involving moral turpi- tude; (3) That the applicant has not engaged in any fraudulent transaction or enterprise; (4) That the solicitation will not be a fraud on the public. If the notice of intention indicates the sum to remain available for application to the specific purposes declared in the notice of intention as the object of the solicitation is less than sixty percent of the amounts to be collected, such showing shall indicate and be prima facie evidence that the solicitation will be a fraud on the public. 5.80.060 Fraud. No person shall make or perpetuate any misstatement, deception or fraud in connection with any solicitation of any contribution for any charitable purpose. 5.80.070 Name. No person shall use in soliciting or give to any person whomsoever, either a fictitious name or any alias or any other than his full, true and correct name, or make any such solicitation without at the time giving to the person solicited his own full, true and correct name, nor shall he impersonate any other person in making such solicitation. 5.80.080 Accounting System. No person shall solicit any contributions for or on behalf of any charitable associ- ation unless such association is maintaining a system of accounting whereby all donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer. -4- DSP9/12 st/cr/11.5.86 5.80.090 A enc . No person shall solicit in the name of or on behalf of any charitable association unless such solicitor has: (1) Written authorization of two officers of such association, a copy of which shall be field with the Director, and which authorization and copy shall each bear a specimen signature of the solicitor; such written authorization shall expressly state on its face the period for which it is valid which shall not exceed ninety days from the date issued; (2) Such authorization with him when making solicitations and exhibits the same on request to persons solicited, a police officer or agents of the Director. 5.80.100 Verified Return. Every person soliciting any contribution for any charitable •purpose must file with the Director, within thirty days after a demand therefor, a verified return stating the contributions secured from or as a result of any such solicitation, and showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distributed. Every such return shall be sworn to by the persons or associations filing or obligated to file the notice of intention and such return, if made by any such association, shall be signed by at least two officers thereof; provided that when any such solicitation is made by any such association, such return need be filed only by such association and not by an individual solicitor engaged in any such solicitation. 5.80.110 Provisions Not Applicable. The provisions of this chapter, except Sections 5.80.010 and 5.80.060, shall not be applicable to any solicitation made upon premises owned or occupied by the association upon whose behalf such solicitation is made, nor to any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction whatever, shall be turned over to the named beneficiary, nor shall they be applicable to any association soliciting contributions solely from persons who are members thereof at the time of such solicitation, nor shall they be applicable to solicitations made solely for evangelical, missionary or religious purposes; however, that in any case where it comes to the attention of the Director that any solicitation has been or is being intended to be made for evangelical, missionary or religious purposes but in such manner as the opinion of the Director is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of such -5- DSP9/12 st/cr/11.5.86 solicitation is either in whole or in part charitable, then the Director, if in his/her opinion the public interest will be subserved thereby, shall investigate the matter of such solicitation and give publicity to its findings thereon in such manner as it may deem best to advise the public of the facts of the case. 5.80.120 Solicitation. No person shall park or stand any vehicle on State Highway 111 within the City limits for the purpose of soliciting funds for any charitable institu- tion, or otherwise. 5.80.130 Violation. Any person who violates any provision of this chapter is guilty of a misdemeanor. 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. 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 here- of, nor be construed as a waiver of any license or penalty or the penal provisions application to any violation there- of. 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 Palm Desert Post, 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. . I IM DSP9/12 st/cr/11.5.86 PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, this 12th day of February 1987 , by the following vote: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE A RIC RD KELLY, M yor City of Palm Desert, California ATTEST: SHEILA R. GILL.PGAN, City Cl' rk City of Palm Desert, Cali ornia -7-