Ordinance 1911CITY OF ALAMEDA ORDINANCE NO. 1911
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CERTAIN SECTIONS OF AND ADDING CERTAIN SECTIONS TO
CHAPTER 3 OF TITLE XIII RELATING TO CHARITABLE
SOLICITATION PERMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1. The Alameda Municipal Code is hereby amended
by amending Sections 13- 311(a), 13 -312, 13- 313(m), 13 -315, 13 -3116,
13 -3117, 13 -3118, 13 -3120 and 13 -3121 of Chapter 3, Title XIII, to
read as follows:
Sec. 13 -311 Def initions Whenever used in this
article unless a different meaning clearly appears from the
context:
(a) "Solicit" and "solicitation" shall mean the
request directly or indirectly of money, credit,
property, financial assistance, or other thing
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 or religious purpose as those purposes
arc defined in this article. These words shall
also mean and include the following methods of
securing money, credit, property, financial assist-
ance or other thing of value on the plea or
representation that, it will be used for a charit-
able or religious purpose as herein defined:
(1) Any oral or written request;
(2) The distribution, circulation, posting or
publishing of any handbill, written adver-
tisement, or publication;
(3) The sale o£, offer or attempt to sell, any
advertisement, advertising space, book, card,
chance, coupon, device, magazine, membership,
merchandise, subscription, ticket or other
thing in connection with which any appeal is
made for any charitable or religious purpose,
or where the name of any charitable or
religious person is used or referred to in
any such appeal as an inducement or reason
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 or religious purpose.
A "solicitation" as defined herein shall be deemed completed
when made, whether or not the person making the same receives
any contribution or makes any sale referred to in this
section.
Sec. 13 -312 Char itable Soli.c ions Permit Reau :re
Exceptions. No person shall solicit contributions for any
charitable purpose within the City of Alameda without a permit
from the Manager authorizing such solicitation. Provided,
however, tint the provisions of this Section shat] tot apply
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to:
(a) Any church congregation, religious society, sect,
group or order which solicits funds solely from
its own members or from its own conregation; and
(b) Any fraternal, social, partriotic, cultural or
educational organization which solicits funds solely
from its own members or from its own assemblies.
See. 1.3_313 m). A statement that the actual cost of the
solicitation will not exceed 20% of the total amount to be
raised;
Sec. 13 -315 Standard for Manager's Action in Granting
or Denvina Applications for Charitable Solicitation Permits.
The Manager shall issue the permit provided for in Section
13 -312 hereof whenever he shall find the following facts to
exist:
(1) The application is complete;
(2) That all of the statements made in the application
are true;
(3) The applicant is a non profit organization as defined
under Section 13- 311(1);
(4) That the applicant does not and has riot engaged in
any fraudulent transaction or enterprise;
(5) That no person listed in the application as
participating in the charitable solicitation has
been convicted of fraud or another similar crime; and
(G) That the expected cost of solicitation will not be
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excessive in relation to the expected cross autounC
to be raised. Any such cost in excess of twenty
per cent of the amount collected shall be deemed
to be unreasonable unless special facts or circum-
stances are presented showing that a cost higher
than twenty percent is not unreasonable.
The Manager shall file in his office for public inspection,
and shall serve upon the applicant by registered mail, a written
statement of his finding of facts and his decision upon each
application.
Sec. 13 -3116 Door to Door Religious Solicitation
Registration and Certificate Required Credentials for
Solicitors No person shall solicit door to door for contrib-
utions for any religious purpose within the City of Alameda
without a certificate from the Manager. Application for a
certificate shall be made to the Manager upon forms provided
by the City of Alameda. Such application shall be sworn to,
or affirmed, and shall contain the following information, or
in lieu thereof, a statement of the reason or reasons why
such information cannot be furnished:
(a) The name and address or headquarters of the person
applying for the permit;
(b) If applicant is not an individual, the names and
addresses of the applicant's principal officers and
managers and a copy of the resolution, if any, author-
izing such solicitation, certified to as a true and
correct copy of the original by the officer having
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charge of applicant's records;
(c) The name and address of the person or persons by
whom the receipt of such solicitations shall be
disbursed;
(d) The name and address of the person or persons who
will be in direct charge of conducting the solicit-
ation and the names of all promoters connected or to
be connected with the proposed solicitation;
(e) An outline of the method or methods to be used in
conducting the solicitations;
(f) The time when such solicitations shall be made,
giving the preferred dates for the beginning and
ending of such solicitation;
(g) The amount of any wages, fees, commissions, expenses
or emoluments to be expended or paid to any person
in connection with such solicitations, and the names
and addresses of all such persons;
(h) 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 of Alameda, or by any depart-
ment or officer Lhereof;
(i) Such other information as may be submitted to the
Manager in order for him to determine the kind and
character of the proposed solicitation.
If, while any application is pending, or during the term
of any certificate granted thereon, there is any change in
fact, policy, or method that would alter the information
givsm in the application, the applicant shall notify the
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Manager in writing thereof within twenty -four (24) hours
after such change.
Upon receipt of such application, the Manager shall
forthwith issue the applicant a certificate of registration.
The certificate shall remain in force and effect for a period
of six (6) months after the issuance thereof, and shall be
renewed upon the expiration of this period upon the filing
of a new application as provided for in this section.
Certificates of registration shall bear the name and address
of the person by whom the solicitation is to be made, the
number of the certificate, the date issued, and a statement
that the certificate does not constitute an endorsement by
the City of Alameda, or by any of its departments or:.officers,
of the purpose or of the person conducting the solicitation.
All persons to whom certificates of registration have been
issued shall furnish credentials to their agents and sol-
icitors, such credentials to conform to the requirements
specified for credentials in Section 13 -319 of this Article,
and a copy of such credentials shall be filed with the
Manager at the time of the filing of the application for
a certificate.
No person shall solicit from door to door for any
religious cause without having such credentials in his
possession, together with a copy of the certificate of
registration under which the solicitation is being conducted,
and such person shall, upon demand, present these credentials
and his copy of the certificate to any person sol-.cited or
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Lo any police officer of the City of Alameda. Provided,
however, that the provisions of this Section shall not
apply to any church, congregation, religious society, sect,
group or order soliciting funds from its own members or
from its own congregation.
Sec. 13 -3117 Investigation of Affairs of Persons
Soliciting Door to Door for Religious Purposes
Public.tion of Findings The Manager is authorized to
investigate the affairs of any person soliciting door to
door for religious purposes under a certificate issued under
Section 13 -3116 and make public his written findings in order
that the public may be fully informed as to the affairs of
any of said persons. Said persons shall make available to
the Manager, or to any representative, designated by the
Manager in writing for such specific purpose, all books,
records, or other information reasonably necessary to enable
the Manager to fully and fairly inform the public of all
facts necessary to a full understanding by the public of the
work and methods of operation of such persons. Provided,
that five (5) days before the public release of any findings
under this section, the Manager must first mail a copy of
said findings to the person investigated and at the time of
the release of his findings he must release a copy of any
written statement said person may file with the Manager in
explanation, denial, or confirmation of ::aid findings.
Sec. 13 -3118 Soli.cita Adviso,v Board The Social
Serr.ce Human Relations Board is hereby uthorized to advise
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and submit recommendations to the Manager regarding the
issuance of permits and certificates under this article. The
Manager may refer any applications for a permit under this
article to the Board for its recommendations thereon.
Sec. 13 -3120 Registration of Religious Solicitation
in Public Places All persons soliciting for religious pur-
poses who do not have a certificate issued pursuant to
Section 13 -3116 shall not solicit in public places without
registering their name, address and the location of their
religious order with the Chief of Police at lease one (1)
day prior to any solicitations. Persons must register every
six (6) months.
Sec. 13 -3121 Validity If any section, subsection,
sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent 1 11ria6i.cti.0n, such decision shall
not affect the validity of the remaining portions of the
ordinance.
Section 2 The Alameda Municipal Code is hereby amended
by adding Subsections 13- 311(1) and 13- 313(p) to Chapter 3,
Title XIII to read as follows:
Sec. 13- 311(i). "Non- profit, Charitable Organization"
shall mean an organization exempt from payment of Bank and
Corporation Tax by Section 23701(d) of the Revenue and
Taxation Code and a contribution or gift to which would
b, a charitable contribution under Section 170(c)(2; of
the Internal Revenue Code.
S#E
Sec. 13- 313(p) Certificates of the Franchise Tax Board
and the U. S. Internal Revenue Service that show that the
organization is currently exempted from the payment of the
Bank and Corporation Tax by Section 23701(d) of the Revenue
and Taxation Code and that a contribution or gift, to the
organization would be a charitable contribution under
Section 170(c)(2) of the Internal Revenue Code of 1954.
�i Section 3 This ordinance shall be in full force and
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effect from and after the expiration of thirty (30) days from
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the date of its final passage.
�Si k
Press g Officer of the Council
Attest:
i
City Clerk
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I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of Alameda
in regular meeting assembled on the 21st day of March, 1978, by the following
vote, to wit;
AYES: Councilmen Tillman, Diament, and President Corica, (3),
NOES: None.
ABSENT: Councilmen Sherratt and Beckam, (2).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of March, 1978.
ity erk O>• the City of ATdm�e -d