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HomeMy WebLinkAboutOrd 529-1965 ORDINANCE NO. 529 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING SOLICITATIONS FOR CHARITABLE, PATRI- OTIC, PHILANTHROPIC AND OTHER PURPOSES AND PRO- VIDING PENALTIES FOR VIOLATIONS THEREOF The City Council of the City of South San Francisco does or- dain as follows: SECTION I. REGULATING CHARITABLE SOLICITATIONS. It shall be unlawful for any person, organization, society, association or corporation, or any agent or representative there- of, by house-to-house canvass, or in residences, flats, apartment houses or hotels, or in offices or business buildings, or in any public building or place, or on the public highways in the City of South San Francisco, either personally or by telephone, mail or in any other manner, to solicit memberships, advertising, money, property, or anything of value, or any financial assistance of any kind, or to sell or offer for sale, any article or service or tickets of admission to any performance, card party, benefit, lec- ture, picnic or other place of amusement or entertainment whatso- ever, on the plea, statement or representation that such solicit- ation is for a charitable, patriotic or philanthropic purpose, un- less such person, organization, society or corporation, or any agent or representative thereof, shall have first obtained a per- mit therefor from the Chief of Police of said City. SECTION II. PERMITS PROVIDED FOR - PROCEDURE. Any person, organization, society, association or corporation, or any agent or representative thereof, desiring a permit to licit funds, as provided for in Section I of this Ordinance, shall file at least thirty ( 30 ) days before the proposed commence- ment of such solicitation, an application in writing and under oath with said Chief of Police, setting forth: (a) The name or names of the organization or of the per- son or persons by whom or by which such solicitation is to be made, with the address of such organization or person or per- sons, together with the name of the chief officer and secretary of such organization, and the names of the persons who will be responsible for the distribution of such funds, and the names of all persons who will solicit or manage or direct the solicit- ation of such funds; provided that the names of the persons who will solicit such funds without any remuneration or compensation, either direct or indirect, need not be required, when in the opinion of said Chief of Police the number of such persons make it impracticable to name them all. (b) The purpose or object for which such solicitation is made and t~e use to be made of the funds derived therefrom, and the address or location of the place or places from which dist- ribution or disbursement of said funds shall be made for such me purpose or object. (c) The time when such solicitation shall be made, giv- ing the dates of the beginning and ending of such solicit- ation, which in no case shall be for a period longer than one (1) year; provided that when such permit is issued for a period of less than one (1) year, it may be renewed for addi- tional periods not exceeding in all the total period of one (1) year for such original permit and renewals; provided that permits granted for a period of one (1) year may be extended for further periods not to exceed one (1) year upon the fil- ing of a new application, and if not issued in ten (10) days, said permit shall be deemed to have been denied. (d) A financial statement by such applicant setting forth: 1. The amount of any wages, fees, commissions, costs, expenses or emoluments to be expended or paid in con- nection with such solicitation, together with the manner in which such wages, fees, commissions, costs, expenses, or emoluments are to be expended, the charac- ter of the services for which said expenses are to be incurred and where possible the names of the per- sons to whom payments are to be made and the amounts each of said persons will receive. 2. Ail funds received and disbursed by said appli- cant during the calendar year or applicant's fiscal year next immediately preceding the filing of said application. 3. Ail funds received or collected by public soli- citation or otherwise during such preceding calendar year or fiscal year with a statement of the wages, fees, commissions, costs, expenses or emoluments ex- pended in connection with said solicitation during that year. Be 4. The purposes for which the funds proposed to be expended, together with a budget of said appli- cant for the calendar or fiscal year next immediate- ly succeeding the date of said application, in cases where applicant intends to continue its activities for such succeeding year. (e) Such information as may be deemed necessary by said Chief of Police in relation to the particular solicitation. (f) Whenever one (1) person, organization, society, asso- ciation or corporation or agent ct representative thereof files an application on behalf of several affiliated or associated persons, organizations, societies, associations or corporations, for whose benefit said solicitation is to be made, said appli- cation shall separately set forth the information required in this section as to said applicant and to each of its associates or affiliates; provided that the ~e~mzeR~iibms~ stated in Section E1 of this Ordinance shall be applicable to said affiliates or associates. SECTION III. PUBLIC RECORD. Upon such filing, said application shall become and remain a public record open to the inspection of all persons. SECTION IV. INVESTIGATION BY CHIEF OF POLICE. Upon receipt of the application as provided for in Section II. of this Ordinance, said Chief of Police shall make such investi- gation as he deems necessary in regard thereto, and if satisfied ® that such purpose or object of such solicitation is worthy and not incompatible with public interest, and that the applicant and other persons to be engaged in said solicitation are of good character and that the total costs and expenses of such solicit- ation are not disproportionate to the sum proposed to be collected thereby, and that a permit should be issued therefor, he shall issue such permit for such period, not to exceed one (1) year, as in his opinion is proper; provided that said permit may include the applicant, together with its agents or representatives, named in said application. Said Chief of Police shall issue or refuse in writing to issue said permit within ten (10) days of the filing of such application. SECTION V. FEE PAID TO CITY CLERK. Upon the granting of said permit, said Chief of Police shall forward said permit to the City Clerk, who shall issue said permit upon payment by the applicant of a fee of One Dollar ($1.00). SECTION VI. POWERS OF THE CHIEF OF POLICE. The Chief of Police shall have the power and authority: (a) To investigate the allegations made in the application for permit, or any statements or reports. (b) To have access to and make copies of all pertinent books, records and papers of any person, organization, society, association, or corporation by or on whose behalf any such solicitation is made. (c) To investigate at any time the methods of making or conducting any such solicitation. (d) To request the assistance of the City Manager in con- nection with the preparation and establishment of standard forms of application and report, and in connection with the investi- gation, review or audit of any statements or reports, or the books, records or papers of any person, organization, society, association or corporation by or on whose behalf any such so- licitation is made. The City Manager is hereby authorized and directed to furnish such assistance upon the request of the Chief of Police. SECTION VII. REPORTS TO BE FILED WITH CHIEF OF POLICE. Every person, organization, society, association or corporation soliciting any contribution for any charitable, patriotic or philan- thropic purpose must file with the Chief of Police within thirty days after the close of any such solicitation, unless an extension thereof not to exceed sixty days is granted by the Chief of Police in his sole discretion, a report to the department, stating the con- tributions secured from oras a result of any such solicitation and, in detail, all expenses of or connected with such solicitation, and showing exactly for what uses and in What manner all such contrib- utions were or are to be disbursed or distributed. Every such report shall be signed by the person, organization, society, asso- ciation or corporation filing or obligated to file the application for permit, and such report, if made by any organization, society, association or corporation, shall be signed by at least two officers thereof. Provided, that when any such solicitation is made by any organization, society, association or corporation, such report need be filed only by such organization, society, association or cor- poration and not by an individual solicitor engaged in any such so- licitation. SECTION VIII. FORMS PRESCRIBED BY CHIEF OF POLICE. The applications and reports required by Sections II and IV of this Ordinance shall be made on standard forms prescribed and furn- ished by the Chief of Police. SECTION IX. REVOCATION OF PERMIT. Upon written complaint being filed with the said Chief of Po- lice, or upon his own initiative, if it be found that any person soliciting under a license issued under the provisions of Sections I to XI, inclusive, of this Ordinance, or any agent or representa- tive of such solicitor, is misrepresenting or making untrue state- ments in regard thereto, or is using such permit as an endorsement of such solicitation, said Chief of ~olice may suspend or revoke such permit. SECTION X. APPEALS. If the said Chief of Police shall refuse to approve an appli- cation for permit as provided for in Sections I to XI, inclusive, of this Ordinance, or if such permit already issued shall be re- voked, the person, organization, society, association or corporation, or any agent or representative thereof, affected thereby, may ap- peal to the City Council of the City of South San Francisco. SECTION XI. EXCEPTIONS - PROCEDURE. The provisions of Sections I to X, inclusive, of this Ordinance shall not apply to solicitations made solely for evangelical, mission- ary, religious, charitable, educational or other elecmosynary pur- poses, by any religious corporation, denomination, society or church; provided that at least thirty ( 30 ) days before the com- mencement of any such solicitation such religious corporation, de- nomination, society or church shall file with the Chief of Police a written notice of its intention to make such solicitation, accom- panied by the written approval of such solicitation by its bishop, chief priest, presiding elder or other presiding officer; nor shall the provisions of Sections I to X, inclusive, of this Ordinance apply to solicitations made exclusively for the benefit of bona fide trade union labor organizations or their activities; nor shall the provisions of Sections t to X, inclusive, of this Ordinance apply to solicitations made solely for the benefit of their benefi- ciaries by parents and teachers organizations operating in this city and county; provided at least thirty ( 30 ) days before the commencement of any such solicitation such trade union, labor and/or parents and teachers organization shall file with the said Chief of Police a written notice of its intention to make such solicitation, accompanied by the written approval of such solicit- ation by its president, secretary or other presiding officers. Nor shall the provisions of Sections I to X, inclusive, of this Ordin- ance apply to any solicitation where no salary, commission, per- centage, remuneration or other compensation is paid to any person, firm, association or corporation in connection with the solicitation, and where the person, organization, society, association or corpor- ation proposing to solicit does not collect and/or propose to collect in such solicitation any sum in excess of Two Hundred Fifty Dollars ($250.00) and where said person, organization, society, association or corporation has not collected in the manner speci- fied in Section I of this Ordinance, any sum in excess of Five Hund- red Dollars ($500.00) during the twelve (12) months next immediate- ly preceding said proposed solicitation; provided at least thirty ( 30 ) days before the commencement of any such solicitatiOn, such person, organization, society, association or co~poration shall file with the Chief of Police a written notice of its intention to make such solicitation, accompanied by the written approval of such solicitation by its president, secretary or other presiding officer. SECTION XII. MISSTATEMENTS, ETC. No person, organization, society, association or corporation, or any agent or representative thereof, shall make or perpetuate any misstatement, deception or fraud in connection with any soli- citation mentioned in Sections I to XI, inclusive, of this Ordin- ance. SECTION XIII. PENALTY. Any person, organization, society, association or corporation, or any agent or representative thereof, violating any of the pro- visions of Sections I to XII, inclusive, of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. SECTION XIV. EMERGENCY MEASURE. This Ordinance is hereby declared to be an emergency measure for the immediate preservation of public peace, health and safety, and the following is a statement of the facts constituting such emergency: That numerous persons have been and are soliciting funds and property in the City of South San Francisco on the representation that such funds are to be used for charitable and religious pur- poses when in truth and fact all or unreasonably large portions of 10. such funds may be or are being used for the private profit of the individual promoting such solicitations; that a great variety of misleading representations are or may be employed in such solici- tations; that imitations of the names, slogans and familiar de- vices of great and worthy charitable and religious organizations are or may be fraudulently imposed on the public; that as a re- sult of such activities, honest and needed charities and religions are or may be suffering from the suspicion engendered by these practices; that the residents of the City of South San Francisco have or may be defrauded and imposed upon for lack of adequate protection; that the rapid increase in fraudulent solicitations by persons falsely claiming that they are acting for charitable or religious causes creates an emergency making immediate action to prevent such fraudulent solicitations necessary; and that the public safety, peace, comfort and convenience demands the exer- cise of the police power of this City in the enactment and strin- gent enforcement of this Ordinance. SECTION XV. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take affect and be in force immediately upon adoption and shall be published within fifteen days after adoption in the Enterprise Journal, a newspaper of general circu- lation, published and circulated in the City of South San Francisco. 11. Passed and adopted as an Ordinance of the City of South San Francisco as an urgency ordinance in accordance with Government Code Section 36737 at a regular meeting of the City Council of the CitY of South San Francisco this 7th day of June, 1965 by the following vote: AYES, COUNCILMEN Frank J. Bertucelli, Patrick E. Ahern, Emilio Cortesi, Andrew Rocca and Guido J. Rossi NOES, None ABSENT, " None ATTEST: ~./~<~'~City ~~,~-~ ?~ ~; As Mayor of the City of South San Francisco, I do hereby ap- prove the foregoing Ordinance this 7th day of June , 19_~5_. Mayor 12.