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HomeMy WebLinkAbout94-12 CC OrdinanceORDINANCE NO. 94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TI~VIECULA REPEALING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO COMMERCIAL AND CHARITABLE SOLICITATIONS AND ADDING CHAPTER $.16 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR CHARITABLE, RELIGIOUS AND COMMERCIAL SOLICITATIONS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 90-04 adopted by reference certain portions of the non- codified Riverside County Ordinances. On the effective date of this Ordinance, Riverside County Ordinance Nos. 217 and 542, adopted by reference by City Ordinance No. 90-04, relating to regulating Charitable Solicitations and the Peddling of Goods, Wares, Merchandise, Fruits and Vegetables are hereby repealed. Section 2. The purpose of this Ordinance is to safeguard the public within Temecula against fraud, deceit and imposition, and to foster and encourage fair solicitations for charitable purposes wherein the person from whom the money is being solicited will know which organizations have applied for and received a valid permit for solicitation from the City of Temecula. This Ordinance will promote legitimate solicitations for charitable purposes and, therefore, will promote the public's safety and welfare. Section 3. Chapter 5.16 is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 5.16 Charitable, Religious and Commercial Solicitations 5.16.010 DEFINITIONS. As used in this Chapter, the following terms shall have meanings as set forth below. A. "Con~bution" means the giving of anything of value, including money, property or any other type of financial assistance, or the pledging of anything of value, including money, property or any other type of financial assistance, or the purchasing or offering to purchase Ords 94-12 I anything of value or not, including, but not limited to goods, services, books, pamphlets, tickets, subscriptions to publications, upon the implied or express representation that the proceeds, or a portion thereof, of the gift, pledge, or purchase will be used for a charitable purpose. B. "Charitable purpose" means the purpose of any nonprofit organization, including patriotic, philanthropic social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported. The term "charitable purpose" does not include any bona fide political purpose. C. "Commercial solicitation" means the: 1. Selling, peddling, or the soliciting, canvassing or taking orders for goods, wares, newspapers, magazines, books, merchandise, services, including real estate, or any other items or exchanges of value; 2. Conducting a survey or poll; 3. Distribution of advertising material or samples where the person distributing the material or samples enters the property of another or makes or attempts to make contact or discuss the material or samples with the person to receive it. D. "Permit Holder" means the person who has applied for a permit which has been granted and the organization or group on whose behalf solicitations will be made. E. "Peddling' means selling merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door. A "peddler" is a person who engages in peddling. F. "Solicit" and "solicitation" means the request, directly or indirectly, for any contribution used for a charitable purpose or commercial solicitation as defined in this section, conducted door-to-door, in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks, or in any public place. A "solicitation" shall be complete when the request is made, whether or not the person making the request receives any contribution. G. "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 Ords 94-12 2 thereof. H. "Fixed place of business* means any place where goods, wares, merchandise or service is offered to the public or such goods, wares, and merchandise are stored for commercial purposes providing the operation of such business is not in violation of any applicable Land Use, building, public health, or any applicable business license law where such fixed place of business has been operated for a period of at least sixty (60) days prior to application for any license for peddling or soliciting on the site in question. I. "City Mmmger" means that person whose duties and responsibilities are described in Sections 2.12.030 and 2.12.080 of this Code, or any person designated by the City Manager as the person's representative. 5.16.020 PERMIT REQUIRED. Except as provided in Section 5.16.070, it shall be unlawful for any person to directly or indirectly solicit contributions in any open public place or door to door, in any residential area for any charitable, religious, or commercial purpose within the City of Temecula without first having secured a valid permit therefor as herein provided. 5.16.030 APPIICATION FOR PERMIT. Any person required by this Chapter to have a permit shall submit a written application in duplicate together with a fee in an amount to be fixed by Resolution of the City Council of the City of Temecula. The application fee is to compensate the City for the cost of administering this Chapter, and such fee is not refundable if the permit is not issued. Said application shall be verified and shall contain the following information: A. The California driver's license number, full name, address, picture, telephone number, and date of birth of the applicant and the identity of each person doing the proposed solicitation. In the event there is more than one person doing the proposed solicitation, then each person shall submit a separate application under this Section. There shall be a five ($5.00) dollar fee for each additional person doing the solicitation; B. If the applicant is not an individual, or will be soliciting on behalf of an organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any; Ords 94-12 3 C. The purpose for which the proceeds of the solicitations are to be used; D. The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes. E. If paid fund-raisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fund-raising expenses. F. If the solicitation is not a sale solicitation, the card may state, in place of the amount of fund-raising expenses, that an audited financial statement of these expenses may be obtained by contacting the organization at the address disclosed. G. The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law. H. The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible, the card shall state that 'This contribution is not tax deductible.' I. If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term 'officer," 'peace officer,' 'police,' 'law enforcement,' 'reserve officer,' 'deputy,' 'California Highway Patrol,' 'Highway Patrol, ' or 'deputy sheriff,' which would reasonably be understood to imply that the organization is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear. J. If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term 'veteran' or 'veterans,' which would reasonably be understood to imply that the organization is composed of veterans, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This paragraph does not apply to federally chartered or state incorporated veterans' organizations with 200 or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans' organization. This paragraph does not apply to any state incorporated community based organization that provides direct services to veterans and their families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. Ord~ 94-12 4 K. The place and date of any court judgment rendered against the applicant as a defendant guilty of any serious felony as defined in California Penal Code Section 1192.7(c), theft as defined in California Penal Code Section 484 or attempt to commit any of the aforementioned crimes; L. A designation of the location or locations at which place or places the applicant proposes to solicit and the dates and time of the activity. M. Permits shall be issued for periods of two (2) months unless revoked, or suspended pursuant to the provisions of this Chapter. Upon expiration of the permit, the former permit holder may apply for a new permit in the same manner as a new applicant except that if the permit holder applies for a new permit before the old permit expires, the old permit shall remain in force until the City either approves or denies the application for the new permit. N. Upon obtaining a permit issued pursuant to this section, the permit holder shall keep the application information current by notifying the City in writing of any change or occurrence in the information listed above which would affect or change the status of the permit. Permit holder shall notify the City Manager in writing thereof within 24 hours after such change. O. Nothing set forth in this Chapter shall be construed as granting to the City Manager any discretion to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant. 5.16.040 SHERIFF'S OFFICE RECOMMENDATION: ISSUANCE OF A PERMIT 1 IMITATIONS. Upon the fding of the application required by SECTION 5.16.030 together with the fee(s), the City shall transmit one (1) copy to the Sheriff's office. The Sheriff's office shall report to the City Manager in writing recommending the approval or denial of the permit and stating the reasons therefor. The Sheriff's Office shall recommend approval of the permit unless there are specific facts justifying denial. Such facts may include but are not limited to the grounds for denial in Sections 5.16.040(a) through (c). The City Manager shall issue the permit within twenty (20) days after the application is fred. The City Manager shall issue the permit unless he/she finds that: A. The applicant has submitted an incorrect and incomplete application, and the applicant fails to correct the application after being requested to do so; B. The applicant has, within the past five (5) years, had a judgment rendered again him/her as a defendant guilty of any of those crimes set forth at Section 5.16.030. Orda 94-12 5 C. The place of the proposed permit activities is not in accordance with the regulations set forth herein. A permit issued pursuant to this Chapter will authorize the permit holder to solicit for the charitable, religious or commercial purpose, and at the locations designated in the application only. There shall be no permit activity until the permit is actually issued. 5.16.050 NON-TRANSFERARII.ITY OF PERMITS. No permit issued under this Chapter shall be transferred or assigned, and, any attempt at assignment or transfer shall be void. 5.16.060 EXF. MPTIONS. The following are exempted from the operation of this Chapter. A. Any person having a fixed place of business within the City of Temecula; B. Solicitation by any organization from its members; C. Solicitation by a person when such activity occurs on premises owned or controlled by the solicitor or with the permission of the person who owns or controls the premises; D. Solicitation conducted solely by means of radio or television broadcasts or solely by means of newspapers or magazines or solely by direct solicitation by United States mail; E. Solicitation by any volunteer who receives no compensation of any type from, or in connection with, a charitable organization which has furnished proof that it has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, and who 18 years of age or younger as certified by the organization; F. Solicitation conducted for a political purpose. 5.16.070 REVOCATION OF PERMITS. Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this Chapter, or where such person has exhibited a pattern of practice to violate any of the provisions of this Chapter after being requested by the City to cease such violation(s), the City Manager, shall suspend the permit after giving written notice to the permit holder, of not less than two (2) business days, in person or by registered special delivery, postage Ords 94-12 6 prepaid and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reason therefor. The permit holder may file with the City Manager, within ten (10) days of the delivery of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the City Manager has rendered his decision, except in instances where said suspension is necessary to protect the public safety. The City Manager shall hold a hearing within ten (10) days after the filing of such request. At the hearing, the City Manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall render a decision thereon within one (1) business day after the hearing. Said decision shall be communicated in writing to the permit holder within two (2) days thereafter and shall state with specificity the reasons therefor. In the event that the permit holder does not request a hearing within ten (10) days after the delivery of the notice of suspension and proposed revocation, the permit shall be revoked and the revocation shall not be appealable. 5.16.080 APPEAl. TO CITY COUNCII.. In a case where the City Manager denies, revokes or refuses to renew a permit, any applicant or permit holder, within ten (10) days of the date of written notification of the disputed action may appeal such to the City Council. The aptx:al shall be in the form of a letter, filed with the City Clerk stating therein where there was error in the City Manager's decision. Any appeal shall be accompanied by the appropriate appeal fee established by Resolution of the City Council. The filing of such an appeal with the City Council shall not stay the action of the City Manager. The Council shall hear the appeal at its next regular meeting. At the time of the appeal hearing, the Council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render a decision thereon within three (3) business days after the hearing. Said decision shall be communicated in writing to the applicant within two (2) days thereafter and shall state the reasons therefor. The decision of the City Council shall be final and conclusive. 5.16.090 MANNER OF SOIlCITATION: DISCI.OSURE REQUIREMENTS. A. Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled "Solicitation or Sale for Charitable Purposes Card." The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card Ords 94-12 7 and the name and business address of the paid individual who is doing the actual soliciting. In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided such material complies with the standards set forth below, and provided that the solicitor or seller infoms the prospective donor or purchaser that such infomarion as required below is contained in the printed material. Information on the card or printed material shall be presented in at least 10-point type and shall include the following: 1. The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes. 2. If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes. 3. The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes. 4. If paid fund-raisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fund- raising expenses. 5. If the solicitation is not a sale solicitation, the card may state, in place of the amount of fund-raising expenses, that an audited financial statement of these expenses may be obtained by contacting the organization at the address disclosed. 6. The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law. 7. The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible, the card shall state that "This contribution is not tax deductible.' 8. If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," "Highway Patrol," or "deputy sheriff," which would reasonably be understood to imply that the organi?ation is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide Ords 94-12 8 circulation of the publication in which the solicited ad will appear. 9. If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "veteran" or "veterans," which would reasonably be understood to imply that the organization is composed of veterans, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This paragraph does not apply to federally chartered or state incorporated veterans' organizations with 200 or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans' organization. This paragraph does not apply to any state incorporated community-based organization that provides direct services to veterans and their families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. B. Knowing and willful noncompliance by any individual volunteer who receives no compensation of any type from or in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law. C. When the solicitation is not a sales solicitation, any individual volunteer who receives no compensation of any type from, or in connection with, a solicitation by any chadtable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the chadtable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of the organization, including its administration and fund-raising costs, may be obtained by contacting the organizafion's office at the address disclosed. The organization shall provide this information to the person solicited within seven (7) days after receipt of the request. D. A volunteer who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a chadtable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, and who is 18 years of age or younger, is not required to make any disclosures pursuant to this section. E. Upon request by the person from whom a contribution is sought, a valid reproduction of the permit issued pursuant to this Chapter shall be shown by the person seeking the contribution. 5.16.100 POSTING OF "NO SOI.ICITORS" NOTICFS. A. Solicitations pursuant to permits issued under this Chapter shall not be made at any of the following locations: Ordn 94-12 9 1. Any house, apartment, or other dwelling to which is affixed a sign or notice indicating "NO SOLICITORS" or any similar indication that no solicitation contact is desired by the occupants thereof. 2. Any commercial establishment to which is affixed a sign or notice indicating "NO SOLICITORS" or any similar indication that no solicitation contact is desired by the occupants thereof and a map depicting the area within the commercial establishment where soliciting is prohibited. 3. Any retail establishment under five (5) acres to which is affixed a sign or notice indicating "NO SOLICITORS" or any similar indication that no solicitation contact is desired by the occupants thereof and a map depicting the area within the retail establishment where soliciting is prohibited. B. Solicitations shall not be made at any house, apartment or other dwelling within a homeowner's association where: 1. The homeowner's association has posted on each entry way to the subdivision a sign or notice in substantially the following form: "Solicitation or Peddling at any house, apartment or dwelling unit within the area on the below map is prohibited and subject to criminal prosecution and a free of up to $1,000.00"; the notice; and A map depicting the area within the homeowner's association is attached to 3. The homeowner's association has requested in writing that the City extend the provisions of this Chapter upon the homeowner's associafion's property. 5.16.110 RF, CEIPTS. Any person receiving money or anything of value in excess of five ($5.00) dollars from any contributor by means of a solicitation made pursuant to a permit shall, upon request, give such contributor a written receipt showing the name of the permit holder and the solicitor, the permit number, and the date and amount received. 5.16.120 VIO!,ATIONS. Any solicitation conducted without obtaining a permit as required by this Chapter shall constitute a violation of Section 1.01.200 of the Temecula Municipal Code and be subject to the Ords 94-12 10 enforcement and prosecution procedures set forth at Sections 1.01.220 and 1.01.230. Section 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this 10th day of May, 1994. Ron Roberts, Mayor ATTEST: reek, City [SEAL[ Ords 94-12 11 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS. I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of April, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th day of May, 1994, by the following vote, to wit: 4 COUNCILMEMBERS: Birdsdall, Mufioz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ~~S. Greek, City Clerk Ords 94-12 12