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HomeMy WebLinkAboutORD 2403•• _ .. • • ORDINANCE NO. 2403 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO \ AMENUING CHAPTER 4.30 OF 1 THE PALO' ALTO MUNICIPAL CODE TO ESTABLISH NEW REQUIREMENTS FOR SOLICITING FUNDS. SECTION 1. Chapter 4.30 of the Palo Alto Municipal Code is hereby amended so as to read as provided in Exhibit -nAtt, attached hereto. ' SECTION 2. This ordinance shall become effective upon the explracion of 30 days from its passage. INTRODUCED! January 22, 1968 PASSED: February 5, 1968 AYES: Arnold, Beahrs, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth NOES: Berwald, Wheatley ABSENT: None fORM: • ~ ; I (1 . . . f, ' '--it}J.M..a ~ . ~~~ (lt4 (3) ' pLe~r .-,)_ ·.- .I ' .. ,, '. ' .\ • Chapter 4o30 SOLICITING FUNDS •• 4~30 .. 010 Permit.Reruired. No person shall solicit within the city for a contribut on oI funds ~Qr a charitable, religious, educational, community, recreational or similar non-profit pur­ pose by means of calling upon places'of resi.dence or by means of direct personal contact in public plac·1s or upon public property without obtaining a permit as provided in this chapter. · 4.30~020 Excettions to PF?rmit Requirements. The provisions· of this chapter sha 1 not be applicable to solicitations for po· litical purposes or to solicitations from bona-fide members of a ~haritable, religious, educational; community,_ recreational, fraternal" or similar nonprofit organization by such organizati~n, except that no such soli.citations shall be made in violation of the provisions of Section 4.30.130. 4.30.030 Appli.cationo Application for a permit to solicit shall be made to the City Manager upon forms provided by the City. The application shall be sworn' to and filed with the City Manager at least 15 days prior to the time at which the pennit applied for shall become effective, provided, however, that the City Manager may, for .fi"good cause shown, allow the filing of an application less than 15 days prior to the effective date of the permit applied for. The application shall contain the following infonnation or, in lieu thereof, a detailed statement of· reason why such information cannot be furnished: . . a) The name, address or headquarters of the person applying for the pennit; · If_the J1pp_1JJ:~ant-__ i.s __ l1Q~ a.ii-individual, the·.names and addresses ot the appl:L.cant 's principal officers and managers and a copy of the resolution, if any, authorizi,ng such .solicitation, certified to as·a true ahd correct copy (:)f the original by the officer having char:ge of the applicant's record; c) Tl).e p_urpose for which the solicitation -is to be· made, the-tot~l amount of funds_ proposed to be raised therebyy an~ the use or disposition to be made of any recelpfs therefrom; d) A specific statement, supported 1J_y .. reasons, and, if. ayatlable, 'figures sJ:i:owing .·the need for the~ contributions ,tc: be solicited; e). ··The naines' and addres·ses'c of the persons .. by whom the. receiI?ts, pf such solicitations shall be dis- bursed;·-.. ·-----· .· ":·. . - f) The names and addr~sses of the per$~ns who will be !n direct charge of cQpductlng th~_ solicitation and the names of all promoters connected or to be connected with the proposed solicitation; -~ -g}:--,-A'ii-O,t,ltl~in~--6;--the-methcd~ to _be ns_~d. in cond~ctJng __ .·'the solici-tations ; ' . EXHIBIT-0 A" ,....-------------------------------- I h) . i) j) k) 1) m) n) • The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solicitatinn; The estimated amount of any waqes, fees, _ commissions, expenses or emoluments·to he ex­ pended or paid to any person in connection with such solicitations, and the names .:rnd addresses of ail such persons; \ A financial statement for the last preceding fiscal year of any funds collected by the applicant, said statement giving the amount -of money so raised, together with the cost· of raising it, and. final ~istributlon thereof~ A full statement of the character and extent (Jf the charitable or other non-profit work beinq done by the applicant ··ilithin the City; A statement that the actual cost of solicitation will not exceed 25% of the total amount to be raised, or in lieu thereof, a detailed statement as to the reasons why the costs will exceed 25%; A statement to the effect that i.f a permit is~ . granted! :'it w:i..11 not ba u=tt:!d or represented in any way as an endorsement by the City, or by any department or offh'er thereof; and Such other information as may be reasonably re­ quired by the City Manager in order for him to determine the.kind and ·character of the proposed solicitation and whether such solicitation is in the interest of, and not inimic~l to, th~ public welfare. If,.while any application is pending, or during the term of any· perm.it granted thereon, there is ~ny change in fact, policy, or method that would al~er the information given in the applica­ tion, the aprylicant shall notify the City Manager in writing thereof wi th..;n twenty-four ( 24) ·hours af te~ ·such change. 4 ;jJ. 040 l'.nvesti'lation of application •. The City Manager shall examine all' 'appli;cations filed a!'ld shall make,. or cause to be made, such further investigation. of the application and the applicant as tl}e City Manager shall deem necessary ;in.order for ·him to perfonn his-duties under this. qhapter. .Upqn request by the City Manager, the applicant shall. make ava.ilal;>le ·for in--·. spection by tne City Manager, or.any p~rson designated by the City Manager as, .his r~p~f".sent;a,tive for such purpose, all .. of the , applic;::ant' s books., record$ and . paper.S ... at_ any reaA:on,abl_e . time. Pe7 · fore the application is. gran.ted, during tfie time ~·permit: .is -iri · effect, or after a permit has expired. · 4.30.050 sta_ndards f9r Issuanpe Of }>ermit. The City Manager shall issue the permit provided· for in this chapter when­ ever he shall find the following facts to exist: ___ : --·-· _ a) Thi;tt ·all of the st~tements made in the appli- ----.-·-.·;.----·--· - - 2 -'·' ' l I • I .. ~ b) c) ..:_ .. • • · ... -- T~at the applicant has a good charact~r and reputation for honesty and integrity, or if the applicant is not an individual_pexson, that every member, managing officer or .agent of the applicant has a good character or reputation for honesty and integrity; That the control and supervision of .. the solici­ tation will be under responsible and reliable persons; · d) That the applicant has not engaged in any fraudulent transaction or ent~rprise; e) Th.at the solicitation will not be a fraud on the public; f) That the DoliCitat.ion is prompted solely by a desire to finance the charitable or other non­ profit cause described in the application, and will not be conducted primarily for private profit; g) That the co~t of raising the fun'~ will be reasonable. Any such cost in excess of twenty­ five (25%) percent of the amount collected shall be considered to be unreasonable unless facts are · presented which establish, in the. particular case, that a cost higher than 25% is reasonable. 4.30.060 Notification to AE_plicant. The city Manager shall· file in his off ice for public inspection, and sh<ill serve upon the applicant by mail, a written statement of his decision ·upon each application. In the case of a denial, the grounds shall be stated. 4.30.070 Pepnit; Time Limit; .Renewal. Permits issued pursuant to thischapter shall be valid a maxin\um of thirty days only and no person shall solicit with an expired permit. The City Manager shall prescribe procedures and standards· for the rene\1al of such permits, except that such standards and pro­ cedures shall not be stricter ihau those required for the original issuance of the permit. Each renewal period shall be for a maximum of thirty days. 4.30.080 Identification of Solicitors. The City Manager shall require tfie permittee to furnish suitable identification cards o.r badges to -al'l persons the permi ttee intends to use in soliq;i.t~ng. The cards Cir b*c;lges S:hall contain such information as the City Manager may reqtfire • 4 • 30. 090 , Identification Cards to be c·arried -and Produced. Any. i.dentificatTo~ ··card or badge .issued hereunder shall be kt~pt ,Q,f,l the person to _whom it is issued at all times during .such "··~ ' ,,_- 'i:f61i:citatidn. Such card o:r; badge shall be presented when any ·solicit~tionis made and shall be produced upo'n demand of the Chief of Police or any member of the Police Deoarttnent. . . . -~' -\ -.... 4. 30 .100 Penni ts Nontransferable. -~-No permit is~ued hereunder shall be transfet~ble. +-- \ : ------------------------------------------------ , ... -• • 4.30.110 Revocation or Sus~ension of Perm~t. Permits isaued under the provisions of t is cha!jter may be revoked or suspended by the City Manager for any of the following causes: a) Fraud, misrepresentat.ion or false statement contained in the application; b) Fraud, misrepresentation or false statement made in the course of carrying on the solici­ tation for which the permit is issued: c) Conducting the solicitation for which the permit is issued in an unlawfµl manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, morals, and general welfare of the public~ d) Conviction of the permittee of any felony, or of any misdeme3nor involving moral turpitude. Where the permittee is a corporati.:.n, such convic•· tion of any officer thereof shall be equivalent to conviction of the corporation. 4. 30 .120 Decision of Cit~ Manager Final. The decision of the City Manager as to the l.ssuance, renewal, revocation, or suspension of any permit issued hereunder shall be final. 4.30.130 Hours for Solicit~tion. No person shall solicit funds from 8:00 p.m. to ~a.m., except that a person soliciting pursuant .to the provisions of this ch.apter may call upon the ~ccupant of a residence during such hours when he has received express prior permission from such occupant to do so. - 4 - ......