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Ordinance 2689CITY OF ALAMEDA ORDINANCE NO. New Series 2689 AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 5-20 (CHARITABLE SOLICITATION PERMITS) OF ARTICLE II (PERMITS), CHAPTER V (LICENSES AND PERMITS), THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALAMEDA as follows: section 1 The Alameda Municipal Code is hereby amended by amending section 5-20 (Charitable Solicitation Permits) of ArticleII Permits), Chapter V , thereof to read: 5-20 SOLICITATION PERMITS 5-20.Findings and Purpose. The City Council finds and declares that:a. Persons and organizations have been and aresolici ting funds and property in the City on the representation that such proceeds are to be used for charitable or religious purposes when such funds and property may be used wholly or in partfor the private profit of the individuals promoting suchsolicitations b. A var iety of misrepresentations and other frauds may be employed in such solicitations.c. This section is enacted to identify and registergroups and individuals sol ici ting for the chari table or religious purposes in the City so that the public can analyze the nature and worthiness of the solicitation in an informed fashion.d. This sectionhealth, safety and welfare. is necessary to protect the public 5-20.Def ini tions. apply: used in this shallsectionfollowing def ini tionsthe Central Permi ts Di vision shall mean the Division of the city Department of Public Works. Central Permi ts Charitable shall mean patriotic social service welfare, benevolentfraternal, either actual or purported. phi lanthropic educational religiouscivic Contribution shall mean alms , food clothing, money,subscription , property or donations under the guise of loan , or money or property. Manager shall mean the City Manager of the City of Alameda , or his or her designee. Non-profi chari table organization shall mean an organization that is exempt from payment of bank and corporation taxes pursuant to section 23701 (d) of the Revenue and Taxation Code and to which a contribution of gift would be a charitable contribution under section 170 (c) (2) of the Internal Revenue Code. Person shall mean an individual , firm copartnership, corporation company, association j oint stock associations church religious sect rel ig ious denomination, society organization or league and includes any trustee , receiver assignee , agent , or other similar representatives thereof. Promoter shall mean person who promotes supervises I organizes , or attempts to promote , manage or organize a solicitation campaign. manages supervise Public Works Director shall mean the Director of the Public Works Department of the city or his or her designee. Solici and Solici tation 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 moneycredit, property or financial assistance , or other thing of valuewill be used for chari table purposes as defined in this section. These words shall also mean the sale of , offer or attempt tosell in advertisement , advertising space , book , card , chance coupon, device , magaz ine , membership, merchandise , subscriptionticket, or other thing in connection with an appeal made for any chari table purpose, or where the name of a charitable person or organization is used or referred to in any such appeal as the inducement or reason for making the sale , or when or where in connection with any such sale , a statement is made that the whole or any part of the proceeds will go or be donated to a charitable purpose. A solicitation is deemed completed when made whether or not the person making the solicitation receives any contribution or makes any sale referred to in this section 5-20.Solici tat ion Permit Required; Exceptions. a . Permit Required No person shall solicit contributions for a charitable purpose within the City without a solicitation permit. ExceDtions.A permit is not required for: A solicitation conducted only by mail or telephone; 2. A church congregation , religious society,sect , group or order which solicits funds solely from its own members or from its own congregation; 3. The placement of closed boxes or other receptacles commonly places in business establishments , with the permission of the business owner; or 4. A fraternal , social , patriotic , cultural or educational organization which solicits funds solely from its own members or from its own assemblies. 5-20.Application For Permit. a. General Any application for a solicitation permit shall be made to the Central Permits Division upon forms provided by the city. The application shall be sworn to and filed at leastfifteen (15) days before the time at which the permit applied for is to become effective. The Public Works Director may, for good cause shown , allow the filing of any application less that fifteen (15) days before the effective date of the permit.b. The application is a public record available forpublic inspection. The application shall contain the followinginformation, or in lieu thereof , a detailed statement of the reason why the information cannot be furnished: 1. The name , address or headquarters and phone number of the person applying for the permit; 2. If applicant is not an individual , the names addresses and phone numbers of the applicant I s principal officers and managers and a copy of the resolution , if any I authorizing the solici tat ion , certif ied to as a true and correct copy of the original by the officer having charge of the applicant's records; The purpose for the solicitation; 4. The name , address and phone number of the personor persons who will be in direct charge of conducting thesolicitation, the names of all the promoters connected with the proposed solicitation , and the names of the persons who will besoliciting ; 5. An outline of the method or methods to be used in conducting the solicitation; 6. The time when the solicitations will be made giving the preferred dates for the beginning and ending of suchsolicitation; 7. A statement of the character and extent of the charitable work being done by the applicant within the City, any; 8. A statement that if a permit is granted it will not be used or represented in any way as an endorsement by the Ci ty, or by any department or officer thereof; 9. Such other information as may be reasonably required by the Central Permits Division; 10. certificates of the Franchise Tax Board and the U. S. Internal revenue Service showing the organization is currently exempted from the payment of 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 , orother ver if iable evidence of charitable and non-profit status 11. If the applicant is a commercial fundraiser for char i table purposes , a copy of the most recent annual financial report filed with the State Attorney General'Registry ofCharitable Trusts under Government Code section 12599. commercial fundraiser for charitable purposes " is defined as anindividual, corporation or other entity which , for compensation solici ts contributions for char i table purposes and 12. The form of the credentials to be provided to solicitors under subsection 5-20.11.c. The applicant shall notify the Central Permits Division in writing, within 48 hours , of any change in theinformation, either while the application is pending or during the term of the permit. 5-20.Investigation. The Central Permits Division shall examine each applicationfiled under subsection 5-20.and shall make such further investigation of the application and the applicant as deemednecessary. 5-20.Standards For Granting Or Deny ing Permit. within fifteen (15) days from the filing of the application, the permit shall be granted unless:a. The application is incomplete;b. Any statement made in the application is false misleading, or otherwise inaccurate;c. The applicant is not a non-prof it organization;d. The appl icant has engaged in a fraudulent transaction or enterprise; or e. A person listed in the application as participating in the charitable solicitation has been convicted of fraud , theft or another similar crime. Nothing set forth in this section shall be constructed as granting the Central Permits Division the discretion to grant deny, suspend , revoke or refuse to renew a permit by reason of disapproval or disagreement with the philosophy, opinion , or belief of the permit or appl icant. 5-20.Hear ing After Denial Judicial Review. wi thin five (5) business days after receiving notif ication by mail that the solicitation permit has been denied , an applicant may file written request for a public hearing before the City Manageron the application together with written exceptions to the findings of fact upon which the denial of the permit was based. Upon the filing of the request , the city Manager shall fix a time and place for the hearing and shall notify applicant thereof. The hearing shall be held within five (5) business days after therequest is filed. At the hearing I the applicant may present evidence in supportof the application and exceptions. Any interested person may, in the discretion of the city Manager, be allowed to participate the hearing and present evidence in opposition to the applicationand exceptions. wi thin ten (10) business days after the conclusion of the hearing, the Manager shall render a written report either granting or denying the solicitation permit. In the report , the Managershall state the facts upon which the decision is based and the ruling upon any exceptions filed to the original findings of fact. The report shall be served either personally or by certified mail upon applicant and all parties to the hearing. If the permit isdenied, the applicant may seek judicial review by filing a petition for writ of mandate with the appropriate court. 5-20.Revocation Of Permit. Whenever the Central Permits Division has knowledge that a person to whom a permit has been issued under this section has violated a provision under this section , or that a promoter , agent or solicitor of a permit holder has misrepresented- the purpose the solicitation , the permit shall be immediately be suspended , and the permit holder given written notice by personal service or by certified mail of a hearing to be held within two (2) business days of such suspension to determine whether or not the permit should berevoked. The notice shall contain a statement of the facts upon which the Central permi ts Division has acted in suspending thepermit. At the hearing, the permit holder and any other interested person , shall have the right to present evidence as to the facts upon which the suspension of the permit was based and any other facts which may aid in determining whether this section has been violated and whether the purpose of the solicitation has been misrepresented. , after the hearing, the Central Permits Division finds that this section has been violated , or the purpose of the solicitation has been misrepresented , the Central Permits Division shall, withintwo (2) business days after the hearing, serve upon the permit holder , either personally or by certified mail , a written statement of the facts and findings upon which the revocation of the permit was based. The statement of the facts and findings shall be available for public inspection for all interested persons participating in the hearings. , after the hearing, the Central Permits Division finds thatthis section has not been violated and the purpose of the solicitation has not been misrepresented , it shall , within two (2) business days , mail the permit holder a written statement canceling the suspension of the permit and notifying the permit holder that no violation or misrepresentation was found to have been committed. The Central Permits Division shall immediately notify the Chief of Police of the suspension or revocation of any permit. 5-20.Form Of Permit Term. a. Form of Permit . A permit issued under this section shall bear the name and address of the permittee , the number of the permit , the date issued , and the dates within the permit holder maysolicit. The permit shall also include (1) a statement that the permi t does not constitute an endorsement by the City or by any of its departments , off icers or employees of the purpose or of the person conducting the sol ici tation , and (2) a statement that the permit does not authorize the use of private property without the property owner I s consent. All permits must be signed by the Public Works Director. b. Term . A permit is granted for one year , unless the appl icant requests a shorter per iod of time. 5-20.permi t Nontransferable; Return of Expiration. A permit issued under permit shall be returned to (10) days of the date ofthereof. this section is nontransferable. The the Central Permits Di vision within ten expiration, together with all copies 5-20.Credentials. Each person to whom a permit has been issued under this section shall furnish proper credentials to agents and solicitors for the solicitation. The credentials shall include the name of the permit holder, the date , a statement describing the holder' charitable activity, a description of the purpose of thesolici tation , the signature of the permit holder or of the holder I s chief executive off icer , and the name , address , age , sex and signature of the solicitor to whom the credentials are issued , andthe specific period of time during which .the solicitor is authorized to solicit. A copy of the credentials must be filed wi th the Central Permits Division along with the application for the permit. No person shall solicit under any permit granted under this section without the credentials required by this subsection and afacsimile copy of the permit in their possession. The credentials and the facsimile copy of the permit must be shown , upon request to each person solicited and to any City Police Officer. 5-20.Wr i tten Receipts Required. A person receiving money or anything having a value of onedollar ($1) or more from contr ibutor resulting from solici tat ion under the permit granted by this section shall , uponrequest, provide to the contr ibutor a wr i tten receipt signed by the solicitor. The receipt shall plainly show the name and the permit number of the person under whose permit the solicitation is conducted , the date , and the amount received. This subsection shall not apply to a contribution collected by means of a closed box or receptacle used in solicitation with the written approval of the Manager , where it is impract ica 1 to determine the amount of the contr ibution. 5-30.Charitable Solicitation Permit Fee. The fee for Charitable Solicitation established by Resolution of the city Council. Permi ts shall section Severabili ty. If any section , subsection , sentence , clause phrase orportion of this ordinance is for any reason held invalid orunconstitutional by any court or competent jurisdiction suchportion shall be deemed a separate , distinct and independent provision of such ordinance and shall not affect the validity of the remaining portions thereof. section 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. ~~~ Pres lulng Off lce of the Cl ty Councll Attest: f& ttfL ty Clerk 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 7th day of March 1995 by the following vote to wit: AYES :Councilmembers Arnerich DeWitt Lucas Mannix and President Appezzato - NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS WHEREOF I have hereunto set my hand and aff ixed the off icial seal of said City this 8th day of March 1995. 1;. :ib Diane B. Felsch City Clerkci ty of Alameda