HomeMy WebLinkAbout1171 - Charitable & Religious Solicitations•
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7/21/66
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ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY OF NEWPORT BEACH. ADDING
CHAPTER 5.41 TO TITLE 5 OF THE NEWPORT BEACH
.MUNICIPAL CODE RELATING TO THE REGULATION OF
`:CHARITABLE AND RELIGIOUS SOLICITATIONS
The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1. Chapter 5.41 is added to Title 5 of the New-
port Beach Municipal Code to read:
"Chapter 5.41
REGULATION OF CHARITABLE
AND RELIUTOUS SOLICIT.AT.ONS
Sections.
5.41.010 Definitions.
5.41.020 Charitable Solicitations Permit -- Exemptions.
5.41.030 Application for Charitable Solicitations
Permit,
5.41.040 Permit Fee,
5.41.050 Investigation.
5.!1100 Standards to be Appli =? in Granting or
Denying Applications for Charitable Solici-
tation Permits.
5.41.070 Appeals from Action of Cit .,; Manages.,
5.41.080 Charitable Solicitations Permit -- Form.
5.41.090 Permit Nontransferable.
5.41.100 Agents' and Solicitors' Credentials.
5.41.1.10 Unlawful to Solicit Without a Permit,
5.41,120 Cash Receptacles -- Identification.
5.41.130 Written Receipts Required,
5.41.140 Hours of Solicitation in Residential.. Areas.
5.41,150 Solicitation by Children.
5.41.160 Suspension and Revocation of Permits.
5.41.170 Book:; and Records of Permit Holders.
5.41.1.80 Report Required from Permit Holder.
fi5.41.190 Use of Fictitious Name -- Fraudulent Mis-
representation and Misstatements Prohibited.
5.4L200 Waiver of Requirements in Extraordinary
Emergency.
5.41.210 Religious Solicitations -- Registration and
Certificate Required.
5.41.220 Religious Solicitation Certificate of Regis-
tration -- Contents - Credentials for Solic-
itors. -- Exemptions.
5,41 ,230 Religious Solicitation -- Hourly Restriction.
5.41,240 Religious Solicitations -- Inves'tigation of
Affairs of Person Soliciting for Religious
Purposes.
5.41.010 Definitions. As used in this chapter the fol-
lowing terms shall have the meanings indicated:,
SOLICIT or SOLICITATION. The term 'sol.i.cit' or 'solici-
tation' shall mean the request directly or indirectly of
money., credit, property, including discarded household fur-
pledges of donations, on the representation that such money,
credit, property or thing of value will be used for a char-
itable or religious purpose as those purposes are defined in
this chapter, or to sell or offer for sale or to ex:xibit any
thing or object whatever to raise money; onto secure or
attempt to secure money or donations or other property by
promoting any bazaar, sale, dance, card party, supper or
entertainment, whether any of such acts occurs on the streets,
in any office or public building, by house- to- hos_use canvass,
or in any public or private place, by pereonal solicitation.
Solicitations conducted b% mail, by telephone„ by radio or
television, or upon bona fide invitation of the'person solic-
• ited shall be exempt from the provisions ;of this chapter.
A 'solicitation' as defined herein shall be deemed com-
pleted -when !Wade, whether or not the person making the same
receives a---iy contribution or makes any sale referred to in
this section.
CHARITABLE. The term 'charitable' shall mean and include
the words patriotic, philanthropic, scientific research,
social service, welfare, benevolent;, educational, civic or
fraternal, either actual or purported.
RELIGIOUS and RELIGION., The ter:rs 'religious' and 're-
ligion' as used herein shall. not mear and include the word
'charitable' as herein defined, bud shall be given their
commonly accepted definitions.
CONTRIBUTIONS. The term 'contributions' shall mean and
• include the words alms, food, clothing, money, subscription,
property or donations under the guise of a loan of money or
property.
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nishings .
newspapers,
magazines,
cast-of f matar.ials, or
financial
assistance
of any kind.,
-includin& donations or
pledges of donations, on the representation that such money,
credit, property or thing of value will be used for a char-
itable or religious purpose as those purposes are defined in
this chapter, or to sell or offer for sale or to ex:xibit any
thing or object whatever to raise money; onto secure or
attempt to secure money or donations or other property by
promoting any bazaar, sale, dance, card party, supper or
entertainment, whether any of such acts occurs on the streets,
in any office or public building, by house- to- hos_use canvass,
or in any public or private place, by pereonal solicitation.
Solicitations conducted b% mail, by telephone„ by radio or
television, or upon bona fide invitation of the'person solic-
• ited shall be exempt from the provisions ;of this chapter.
A 'solicitation' as defined herein shall be deemed com-
pleted -when !Wade, whether or not the person making the same
receives a---iy contribution or makes any sale referred to in
this section.
CHARITABLE. The term 'charitable' shall mean and include
the words patriotic, philanthropic, scientific research,
social service, welfare, benevolent;, educational, civic or
fraternal, either actual or purported.
RELIGIOUS and RELIGION., The ter:rs 'religious' and 're-
ligion' as used herein shall. not mear and include the word
'charitable' as herein defined, bud shall be given their
commonly accepted definitions.
CONTRIBUTIONS. The term 'contributions' shall mean and
• include the words alms, food, clothing, money, subscription,
property or donations under the guise of a loan of money or
property.
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PERSON. The term 'person' shall mean any individual,
firm, copartner8hip, Corrorat on, company, associstion, or
joint stock tssocia *_ion, r_hcarcb., religiou sect, religious
• denomi a *.ioi1, ^^ w.Ft , or ar.izat?.nn or 'eat ,.ac, and includes
any trust-_e, roc ei':T?r, a3^iL -1ee0 a`ent, ^_r other simi -lar
representntive thereof.
PROMOTER. T` e term 'promoter' c?za.11. mean any person
who promotes.. man. s, Pute_'vises, or- an4."l.. -2s, or .attempts
to promote, manage, supervise., or oruanir,z c- cacmaaigr. of
solicitation.
PROFESSIONAL SOLICITOR. The term 'professional solic-
itor' shall mean any person other than a rr,moter who is
er.:ploye.-', or rota' ,ne-4 for C S: ^c ?7,'s: >af:l n "r, to - 11l:"n solicitations
,or charity or who directs or. per.r_:�es .o *H.er persons who
are engaged in mak _.:ig sc.l.ic-_�tati.ons :C r r.!oarity.
5.41.020 chnr.ita`la Svl.i..: ^..tr ^:t^ P<<rmit -- Exemptions..
No person as defined in Section . " AlO of this chapter.
• shall solicit contributions for anv charitable p.zr.;.ose
within the City without first obtaining a permit as re-
quired by this chapter; provided, however, that the pro -
visions of this chapter shall not a :'.)ply to rny established
Person orga- ,-AzAa. ar...d. opA:-ated e-rcluG^,'.val..y tor rel.ig:_ous or
charitable putposa:. and not eperate.el for tbe. pecuniary
profit_ of a:ny pnrsoa, if the �;oliri.t<,.tl ons ',_, such estab-
lished person are conducted among the me -mbers thereof by
other members or officers thereof, .,e1.u:1tar .l.Y and without
remuneratz.on far making such solicl.tationc7i, or if the solic-
itat?.ons are ir,. the form of collections r,r co^.t-ri.butions at
the regular assemblies or &cxviceo of sue':!. estal.i.'.she:l person.
5.41.030 Application for Charitable Solici..tations
Permit. An application for a permit to solicit for any char-
itable purpose shall be made to the City Manager upon forms
• supplied by the City. Such application shall be verified and
filed with the License Division at least thirty (30) days
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prior to the time at which the permit applied for is requested
to become effective; provided, however, that the City Manager
may for good cause shown allow the filing of an application
less than thirty (30) days prior to the requested effective
date of the permit applied for. The application herein re-
quired shall contain the following information, or in lieu
thereof a detailed statement of the reason or reasons why
such information cannot be furnished:
(a) The name, and address or headquarters, of the
person applying for the permit.
(b) If applicant is not an individual, the names and
addresses of the applicant's principal officers and managers
and a copy of the resolution, if any, authorizing such solic-
itation, certified to as a true and correct copy of the
original by the officer having charge of applicant's records.
(c) The purpose for which the solicitation. is to be
made, the total amount of funds proposed to be raised in New-
port Beach, and the use or disposition to be, made of any
receipts therefrom.
(d) A specific statement supporte,i by reasons and, if
available, figures showing the need for the contributions
to be solicited.
(e) The names and addresses of the parson or persons
by whom the receipts of such solicitations shall be disbursed,
(f) The names and addresses of the person or persons
who will be in direct charge of conducting the solicitation
and the names and addresses of all promoters and paid fund
raisers or professional solicitors connected or to be con-
nected with the proposed solicitation.
(g) A general outline of the method or methods to be
used in conducting the solicitation.
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(h) The time when such solicitations shall be made,
giving the dates for the beginning and ending of such
solicitations.
(i) An itemization of the estimated cost of the
solicitation.
(j) The amount of any wages, fees, commissions, ex-
penses or emoluments to be expended or paid to any person
in connection with such solicitations, and the names and
addresses of all such persons.
(k) A financial statement for the last preceding
fiscal year indicating any funds collected in this City or
elsewhere for charitable purposes by the applicant, giving
the amount of money so raised, the cost of raising it, and
the final distribution thereof. In addition, if the appli-
cant conducted a solicitation in this City at any time
during the preceding twelve (12) months, a separate finan-
cial statement of any funds collected thereby shall be sub-
mitted, containing information showing the amount of money
so raised, the cost of raising it, and the final distribution
thereof.
(1) A statement that the solicitation will be so con-
ducted as to reasonably guarantee that any minors acting as
solicitors will be adequately supervised by responsible adults,
together with an explanation of how this shall be accomplished.
(m) A statement that not less than 75% of the total
amount of money or property collected will be devoted to
charitable purposes or, if it is expected that less than
75% of the total amount of the money or property to be
collected will be devoted to charitable purposes, a state-
ment indicating what percentage of such money or property
to be collected will be devoted to charitable purposes, to-
gether with an explanation of any special facts showing
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that said lesser percentage is reasonable in the particular
case.
(n) A statement to the effect that if a permit is
• granted it will not be :ised or represented in any way as
an endorsement by the City or any officer or department
thereof.
(o) Such other information as may reasonably be re-
quired by the City Manager,
If, while the application is pending or during the
term of any permit granted thereon, there is any change in
fact, policy or method that would alter the information
given in the application, the applicant shall notify the
City Manager in writing thereof within twenty -four (24)
hours after such change,
5,41.000 Permit pee, At the time of filing an appli-
cation for a permit, a fee of Ten Dollars (,$10.00) shall be
paid to partially cover the cost of investigating and pro-
40 cessing the application and issuing the permit.
5.41,050 Investioationo The City Manager, or his desig-
nated representative, shall. examine all applications filed
pursuant to this chapter and shall cause such. further investi-
gation, to be made of the application and the applicant as the
City Manager may deem necessary to perform his duties under
this chanter. The applicant and any professional solicitors
to be employed in connection with the proposed solicitation
shall be fingerprinted by the Neu-port Beach Police Department
unless this requirement is waived by the City Manager. Upon
request by the City Manager, the applicant shall. make avail-
able for inspection by the City Manager, or any person desig-
nated in writing by the City Manager as his representative
for that purpose, all of the applicant's books, records and
• papers relevant to the application at any reasonable time
before the application is granted; during the time a permit
is in effect, or within one year after a permit has expired.
5.41.060 Standards to be_Lpplied in Granting or Denying
Applications for Charitable Solicitation Permits. The City
Manager shall issue the permit provided for in Section
5.41.020 hereof whenever he shall find the following facts
to exist:
(a) All. of the statements made in the application are
true.
(b) The applicant has a good character and reputation
for honesty and integrity.
(c) The control and supervision of the solicitation
will be under responsible and reliable persons.
(d) The applicant has not engaged in any fraudulent
transaction or enterprise.
(e) The solicitation will not be a fraud on the public.
(f) The solicitation is prompced solely by a desire to
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finance the charitable cause described in the application,
and is not to be conducted primarily, for private profit.
(g,) The total amount of funds or property to be devoted
to charitable ;purposes will be reasonable. If it appears
that less than 75% of the cyross aric-tint collected within the
City will be devoted to charit_al,le purposes, it shall be con-
sidered to be unreasonable unless special facts are presented
showing that such lesser percentage is reasonable in the
particular case.
(h) That if the applicant has collected or intends to
collect funds or property in other cities or derives revenue
from other sources, the applicant's total overhead and admin-
istrative costs are not excessive. Any such costs in excess
of 25% of the gross amount of money and /or property collected
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by the applicant in any fiscal year shall be considered to
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be unreasonable unless special facts are presented showing
that such higher costs are reasonable in the particular case.
5.41.070 Appeals from Action of City-Manager. I£ an
applicant is aggrieved by any action cr fail;.-e to act upon
the part of the City Manager in issuing, failing to issue,
suspending or revoking any permit under this chapter, such
.applicant may appeal to t_he.City Counc 4.1 by filing with the
City Cleriz a statement addressed to the C°.ty Col.mcil setting
forth the facts and circumst_ancee rega.re. -.gin:- the ac *_ion or
failure to act on the part of the City Manager. The City
Clerk shall notify the A7p1:_cant ?rx wY- J_t.'_n^ of the time and
Dlacc set foL hearinL `:is appeal. The City Council at its
next regular mecti.-S held not less than five (5) days from
the dote on which such appeal shall have been filed with the
City Clerk shall hear the applicant, the City Manager, end
all relevant evidence and shall determine the merits of the
appeal. In maki. -ag its determination with rsspect to the
• granting or denial of such permits, the City Council shall
be guided by the standards set forth in Section 5.41.060.
The action of the City Council thereon shall be final.
The right to appeal. to the City Council from the
denial or re.vocat _cn � f any permit reauirr.d by thi
chapter shall t_errinat...e upon the expirat -.on of fi.ft.e:3n (1S)
days following the deposit of a registered letter in the
United States Post Office advising the applicant of the action
of the City Manager and of his right to appeal such action to
the City Council.
5.41.080 Charitable Solicitations Permit m- Form.
Permits issued under this chapter shall bear the name and
address of the Berson by whom the solicitation is to be made,
• the number of the permit, the date issued, the dates within
which the permit holder may solicit, a statement that the
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permit does not authorize the conduct of any event or
activity prohibited by law, and a statement that the
permit does not constitute an endorsement by the City or
• by any of its departments, officers or empla;ees of the
purpose or of the person conducting,the solicitation.
All permits must be signed by the City Manager or his
authorized representative and by the permit holder, or
such holder's chief executive officer.
The City Manager may by permit_ grant the right to
solicit on one or more single, nonconsecutive days in
any calendar year, and may grant the right to solicit
for any number of consecutive clays not to exceed one year
from the date of the permit. Upon the expiration of any
permit, and if req•te�tsed :-.-t writing so to do, tIc City
Manager may renew the permit if he is satisfied teat the
requirements of this chapter are still being met .rynd that
no violation of this charter has been co=zmitted. A new
application shah be required unless waived by the City
Manager..
5.41.090 Permit: Nontransferable.. Any Permit issued
pursuant to this chapter shell not be +:rinsfe'rable or
assignable.
5.41.100 A,-nnts° .snd Solicitors' Credentials. All
persons to whom permite Y.at•e beer issued pursuant to this
chapter shall furnish credentials to their solicitors for
such solicitation. Such credentials shall. include the name
of the permit holder., the date, a statement describing said
holder's charitable activity, a description of the purpose
of the solicitation, the signature of the permit holder or
of one of the holder's executive officers, the name, address,
• age, sex and signature of the person to whom the credential
is issued., and the specific period of time during which the
solicitation is authorized,
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A copy of such credentials must be filed with the City
Manager at the time the application for a permit is filed
and must be approved by him as conforming to the require-
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ments of this section. The City Manager ma., require such
additional information to be endorsed on said credentials
as shall in his opinion be of assistance to the public in
determining the nature and worthiness of the charity for
which the solicitation is to be made. Said credenrials must
be shown to all persons solicite-i and.l. onon regLe t., to any
police officer of the City.
5.41.110' Unlawful. to Solic -it Without a Permit. No
agent or solicitor shall solicit contributions for any
charitable purpose for an y the City of Newport
Belch unless such. person has been grent:ed a permit pursuant
to this chapter.
5.41.120 Cash Receptacles -- Identification. Each
cash receptacle to be used to collect fi:.nds for any chari.-
ta'„le purpose shall be of a tyre; approvedl by the City Ma.na:,er
and shall be plainly marked with ,s decal showing the permit
number, the dates 111iring whico tha scl.ici_-.ation has been
approved, and E7tph additional information as may be. required
by the Citv Manager. Suc?a dccal.s shall '_ e provido' by the
City.
5.41.130 Written -.K eipts Required. Any perann- ro-
ceiving money or anything having a value of Two Dollars ($2.00)
or mcre from any contributor under a solicitation :nad.e pur-
suant to a permit granted pursuant to this chapter shall give
to the contributor a 4ritt_en receipt signed by the solicitor
showing plainly the name and permit number of the person under
whose permit the solicitation is conducted, the date, and the.
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amount received; provided, however, that this section shall
not apply to any contribution collected by means of a closed
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box or receptacle used in solicitation with the approval of
the City Manager where it is impractical to determine the
amount of such contribution.
5.41.140 Hours of Solicitation in Residential Areas.
No person shall solicit contributions for any charitable
purpose in any residential area of the City at a time other
than between ten a.m. and nine p.m. on any day except Sunday
and at any time except between the hours of twelve noon and
nine p.m. on Sundays.
5.41.150 Solicitation by Children. No person under
the age of sixteen (16) years shall, and no person shall
allow, permit, direct or encourage any .person under the age
of sixteen (16) years to, go from house to house or from
place to place within the City for the purpose of soliciting
charitable contributions after sunset.
5.41.160 Suspension and Revocation of Permits. If at
any time it shall come to the attention of the City Manager,
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or if the City Manager has reason to believe, that any person
to whom a permit has been issued pursuant to this chapter has
violated any of the provisions of this chapter or any term or
condition of the permit, or that any promoter, agent or
solicitor of a permit holder has misrepresented the purpose
of the solicitation, the City Manager shall. immediately sus-
pend the permit and give the permit holder written notice of
this action by registered, special delivery mail or by per-
sonal service. The notice shall contain a statement of the
facts upon which the City Manager has acted in suspending
the permit and shall advise the permit holder of the date
and time of a hearing to be held within three (3) days of
such suspension to determine whether the permit should be
revoked.
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At the hearing, the permit holder and any other inter-
ested person shall have the right to present evidence as to
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upon the books or records of such person's treasurer or
other financial officer.
5.41.180 Report Required from Permit Holder. All
persons issued permits pursuant to this chapter shall.fur.-
ni,:sh to the City M4.nager within sixty (60) days rafter the
solicitation has been corlpleted a report and financial
statement showing the amount raised by the solicitation,
the amount expended in collecting such funds, including a
report of the wages, fees, commissions and expenses paid
to any person in connection with such solicitation, and
the disposition of the balance of the funds collected by
the solicitation. This report shall be available for pub-
lic inspection at the City Clerk's office at any reasonable
time. The permit holder shall make available to the City
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why the permit should not be revoked and any other facts
which may aid the City Manager in determining whether there
has been a violation of this chapter or any term or condi-
tion of the permit. If, after such hearing, the City
Manager finds that this chapter or any term or condition
of the permit has been violated, or that any promoter,
agent or solicitor has misrepresented the purpose of the
solicitation, he shall revoke the permit. If he does not
so find, the City Manager shall cancel the suspension and
reinstate the permit.
No person shall solicit or encourage solicitation by
others for any charitable purpose after notice that a, per-
mit previously issued to such person for said charitable
purpose has been suspended or revoked.
5.41.170 Books and Records of Permit Holders. No
person shall solicit any contributions for any charitable
purpose without maintaining a system of accounting *.whereby
all contributions to it and all disbursements are entered
upon the books or records of such person's treasurer or
other financial officer.
5.41.180 Report Required from Permit Holder. All
persons issued permits pursuant to this chapter shall.fur.-
ni,:sh to the City M4.nager within sixty (60) days rafter the
solicitation has been corlpleted a report and financial
statement showing the amount raised by the solicitation,
the amount expended in collecting such funds, including a
report of the wages, fees, commissions and expenses paid
to any person in connection with such solicitation, and
the disposition of the balance of the funds collected by
the solicitation. This report shall be available for pub-
lic inspection at the City Clerk's office at any reasonable
time. The permit holder shall make available to the City
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Manager, or to any person designated in writing by the
City Manager as his representative for such purpose, all
books, records and papers whereby the accuracy of the report
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required by this section may '-)c checked.
5.41.19-0 Use of Fictiti ^us Name -- Fraudulent Misrep-
resentation, and Misstatements Prohibited. No person shall
directly or indirectly solicit contributions for any purpose
by misrepresentation of his name, occ u-nti_on.,; financial con -
dition, Social cenaitiori, rer,i.dennn. or a", other material
fact, and no person shall make or perpetuate any other mis-
statement, deception or fraud in connection with any S014 -
tation of any contribution for any purpose in the City in
any application or report: filed pursuant to this chapter.
`.4.. ?..2010 Wa. ?_ver of Requ.iremants in Extraordinary Emer-
ency. The City Manager may waive the requirements of this
chapter ir. whole or in part when lie determines that such
waiver iS necessary in order that the c'nar.i..table asscc:iat_i.on
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applying therefor may meet an ei.tracrdinary emergency or
great public calamity requiring immediate aid.
5.41.210 Relif;ious Solicitations -- Registration and
Certificate Required. No person shall ,, -3licit cone- 71.1-)nt.ions
for any relitious purpose within the City without a certifi-
cate frog. the City Manager. A.ppiicati.ou for a certificate
shall be made to the City Manager upon forma provided by
the City. Sucl: application shall be verified and shall con-
tain the following information:
(a) The name and address or headquairtera of the person
applying for the permit.
(b) If the applicant is not an individual, the names
and addresses of the applicant's principal officers and
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managers and a copy of the resolution, if any, authorizing
such solicitation, certified to as a true and correct copy
of the original by the officer having charge of applicant's
records.
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(c) The purpose for which such solicitation is to be
made, the total amount of funds proposed to be raised
thereby, and the use or disposition to be made of any re-
ceipts therefrom.
(d) A specific statement supported by reasons and, if
available, figures showing the need for the contributions
to be solicited.
(e) The name and address of the person or persons by
whom the receipts of such solicitat-_ons shall be disbursed.
(f) The name and address of the person or persons who
will be in direct charge of conducting the solicitation and
the names of all promoters connected or to be connected
with the proposed solicitation.
(g) An outline of the method or methods to be used in
conducting the solicitation.
(h) The time when such solicitation shall be .Wade,
giving the dates for the beginning and ending of such solici-
tation.
(i) The estimated cost of the solicitation.
(j) The amount of any wages, fees, commissions, ex-
penses or emoluments to be expended or paid to any person
in connection with such solicitation, and the names and ad-
dresses of all such persons.
(k) A financial statement for the last preceding
fiscal year of any funds collected for religious purposes
by the applicant, said statement giving the amount of money
so raised, together with the cost of raising it, and final
distribution thereof.
(1) A full statement of the character and extent of
the religious work being done by the applicant within the
city.
(m) A statement to the effect that'if a certificate
is granted it will not be used or represented in any way as
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an endorsement by the City or by any department or officer
thereof.
for a period of six (5) months after the :!..ssiiance thereof,
and shall be renewed upon the expiration of this period upon
the f-ling of a application as previd.ec; for in this
section. Certificat_s of registration shall hear the name
and address of the person by whom the solicitation is to
be made, the number of the certificate, the date issued, and
a statement that the certificate does riot constitute an en-
dorsement by the City or by any of its ricnartmerts or
officers of the purpose or the pereon conducting the solic-
itation. All persons to whom certificates of registration
• have been issued shall furnish credential-- to their agents
and solicitors. Such credentials shall state the name,
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(n) Such other information as the City Manager may
deem necessary in order for him to determine the kind and
character of the proposed solicitation.
The applicant and any solicitors receiving compensation
for their services shall be fingerprinted by the Newport
Beach Police Department unless this requirement is waived by
the City Manager.
If, while any application is pending or during the term
of any certificate granted thereon, there is any change in
fact, policy, or method that would alter the information
given in the application, the applicant shall. notify the
City Manager in writing thereof within twenty- fou: :: (24)
hours after such change.
5,41.220 Religious Solicitation Certificate. of Regis-
tration -- Contents -- Credentials for Solicitors -• F.acem -
tions. Upon receipt of such applica.ti.or., the City Manager
shall forthwith issue the applicant a certificate of regis-
tration. The certificate shall remain in force any effect
for a period of six (5) months after the :!..ssiiance thereof,
and shall be renewed upon the expiration of this period upon
the f-ling of a application as previd.ec; for in this
section. Certificat_s of registration shall hear the name
and address of the person by whom the solicitation is to
be made, the number of the certificate, the date issued, and
a statement that the certificate does riot constitute an en-
dorsement by the City or by any of its ricnartmerts or
officers of the purpose or the pereon conducting the solic-
itation. All persons to whom certificates of registration
• have been issued shall furnish credential-- to their agents
and solicitors. Such credentials shall state the name,
15.
address, age and sex of, and shall he sigried by, the agent
or solicitor to whom such credentials are issued. The cre-
dentials shall also indicate the specific period of time
•
during which said agent or solicitor to solicit
on behalf of the permit holder. No person shall solicit for
any religious cause without having such ..redenti.als in his
possession, ane such person shall present these credentials
to any person solicited or to any police c£fi.cer cr official
of the City., provided, however, that thr: ?z:cvisions of this
section shall not apply to any established person_ organized
and operated exclusively for religious purposes and not oper-
ated for the pecuniary profit of any person if the sali_cita-
tions b,T such established person are conducted among the
members thereof by other members or office_•s thereof, volun-
tarily and. rear, r.e:ration for ;a? °.i_ .g s:.ch. solicita-
tions, or if t'_-,e solicitaticnc are 4n the farm of collections
or COntSl.'.ti.C',..R at the regular E.ssembl.ies or S"ervice'., of any
such establi.she9. aersos .
5.41.230 RelIZ:1.ous 3olicitat €.on -- Hoorl;* Restriction.
No person sli.all sol _cit. ccntri'buti.r"ns for any religious
purpose i_n anv res.id_ -^.ti l area of the City at a ? . "_:,:= ,;ther
than between ten a.^., ane nine p. *;t. on any day except S° Inlay
and ar..a o rime Except I etwcen tho '".n,irs of twelve coon and.
nine p.m. on S,._. _ayF .
5.41.240 Re'_i-i.ous Solicitations -- Investigation of
Affairs of Person Solicit °_n& for Religiou.s P +. rp ses. The
City Manager is authorized to investigate the affairs of
any person soliciting for religious purp*ses udder a cer-
tificate issaec under Sec1-.:6cri 5.41.2 ^^ a.?.:i to ma ke pu': >.ic
his written findings of any of said persons. Said persons
shall mace available to the City Manager, or to any repre-
sentative designated by the City Manager in writing for
such specific purpose, all books, records, or other informa-
tion reasonably necessary to enable the City Manager to fully
and fairly inform the public of all facts necessary to a full
understanding by the public of the work and methods of opera-
tion of such persons; provided that five (5) days before the
public release of any findings under this section the City
Manager must first serve a copy of said findings upon the
person investigated, and at the time of the release of his
findings he must release a copy of any written statement said
person may file with the City Manager in explanation, denial,
or con£irmati.oa of said findings."
SECTION 2. This ordinance shall. be published once in
the official newspaper of th. City, and the same shall be effel --
tive 30 days after the data of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held nn the 25th
day of July 19W and was adopted or, the 8th day of
• August 1355, by the fcilowi.ng vote, to wi`t:
AYES, COUNCILMEN° Rogers, Parsons, Marshall,
Gruber, Cook, Forgit, Shelton
NOES, COUNCILMEN: _ None
ABSENT COUNCILMEN.° None
ATTEST:
Acting City Clerk
17.
Mayor