Ordinance 2063CITY OF ALAMEDA ORDINANCE NO. 2063
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
AND ADDING CERTAIN SECTIONS TO ARTICLE 1, CHAPTER 3
OF TITLE XIII THEREOF 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 subsection (m) of Section 13 -313; Section 13 -315 and
Section 13 -311, to read:
Sec. 13 -313 Application for Charitable Solicitations
Permit
(m) A statement that the actual cost of the solicata-
tion will not exceed 20/ of the total amount to be raised or
that costs in excess of 20% will be spent on information
dissemination;
Sec. 13 -315. Standards for Mana er's Action in Grant-
ing or Denying Applications for Charitable Solicatation
Permits Within ten (10) days from the filing of the applica-
tion, 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 not engaged in any
fraudulent transaction or enterprise;
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(5) That no person listed in the application as partici-
pating in the charitable solicitation has been
convicted of fraud or another similar crime; and
(6) That the expected cost of solicitation will not be
excessive in relation to the expected gross amount to
be raised. Any such cost in excess of 20% of the
amount collected shall be deemed to be unreasonable
unless special facts or circumstances are presented
showing that a cost higher than 20% is reasonable.
sec. 13 -3111 Hearing After Denial of Application for
a Permit -- Exceptions -- Decisions -- Judicial Review Within
five (5) days after receiving notification by registered
mail that his application for a permit to solicit under this
article has been denied, any applicant may file a written
request for a public hearing on the application before the
Manager, together with written exceptions to the findings of
fact upon which the Manager based his denial of the applica-
tion. Upon the filing of such a request, the Manager shall
fix a time and place for the hearing and shall notify the
applicant thereof. The hearing shall be held within five
(5) days after the request is filed. At the hearing the
applicant may present evidence in support of his application
and exceptions. Any interested person may, in the discretion
of the Manager, be allowed to participate in the hearing and
present evidence in opposition to the application and excep-
tions. Within ten (10) days after the conclusion of the
hearing the Manager shall render a written report either
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granting or denying the application for a permit. In this
report the Manager shall state the facts upon which his
decision is based, and his ruling upon any exceptions
filed to his original findings of fact upon the application.
This report shall be filed in the Manager's office for public
inspection and a copy shall be served by registered mail
upon the applicant and all parties to the hearing. If this
report denies the application, the applicant may seek
judicial review by filing a petition for writ of mandate
with the appropriate court.
Section 2 . The Alameda Municipal Code is hereby amended by
adding Section 13 -316 thereto, to read:
Sec. 13 -316 Cost of Solication Exceptions Costs
in excess of 20% of the amount collected shall be deemed
reasonable within Section 13 -315 (6) if they are spent on
information dissemination.
Section 3 . This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
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z Attest: Presidi Officer of the Council
aD
p V i y 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
July, 1981 by the following vote to wit:
AYES: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of July, 1981.
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