HomeMy WebLinkAbout831 - OrdinancesORDINANCE NO. 831
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA
ESTABLISHING REGULATIONS APPLICABLE TO SOLICITATION,
AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
Section 1. Chapter 9.31 of Title 9 of the Rancho Cucamonga Municipal Code is hereby repealed,
provided that such repeal shall not affect or excuse any violation thereof occurring prior to the effective
date of this Ordinance.
Section 2. Anew Chapter 9.31 is hereby added to Title 9 of the Rancho Cucamonga Municipal
Code to read as follows:
"Chapter 9.31
"SOLICITATION
"Sections:
9.31.010 Definitions and general restrictions.
9.31.020 Noncharitable solicitation.
9.31.030 Charitable solicitation.
9.31.010 Definitions and general restrictions.
A. As used in this chapter:
"Public place' means a place to which the public or a substantial group of persons has
access, and includes, but is not limited to, any street, highway, sidewalk, parking lot,
plaza, transportation facility, school, place of amusement, park, playground, and any
doorway, entrance, hallway, lobby and other portion of any business establishment, an
apartment house or hotel not constituting a room or apartment designed for actual
residence.
"Solicitation" or "solicit" means: (i) Any request, plea, demand, or invitation, or attempt
thereof, to give money or property for any purpose, without prior invitation, appointment
or consent, made upon any private property in the city in which the solicitor has no
possessory or ownership interest; or (ii) the sale of, offer to sell, or attempt to sell, for
consideration of any kind, and for any purpose and without prior invitation, appointment
or consent, any advertisement, advertising space, book, card, chance, coupon device,
magazine subscription, membership, merchandise, ticket of admission, or any other thing
upon any private property in the city in which the solicitor has no possessory or
ownership interest; or (iii) the act of traveling from house to house, from business to
business, or otherwise from place to place, and taking or attempting to take orders for the
sale of goods or merchandise, personal or intangible property of any nature for future
delivery, or for services of any kind to be furnished or performed in the future, whether or
not such person has, carries or displays for sale a sample of the subject of such sale or is
collecting advance payments for such sales or services; or (iv) the act of traveling from
house to house, from business to business, or otherwise from place to place, carrying,
conveying or transporting goods, merchandise or personal or intangible property of any
nature, and offering and/or displaying the same for sale or making sales and delivering
such items, or services of any kind, to any person at the place of sale or elsewhere; or (v)
the act of traveling from house to house, from business to business, or otherwise from
place to place, for any purpose and without prior invitation, appointment or consent, and
offering to sell, or attempting to sell, for consideration of any kind, any goods or
merchandise, personal or intangible property of any nature, or any kind of service.
"Solicitation" does not include the distribution of free literature, flyers or leaflets.
Solicitation is subject to the provisions of Section 5.04.350 of this code.
"Street, highway and sidewalk" shall have those meanings as set forth in Sections 360,
509 and 555, respectively, of the California Vehicle Code, or any successor provisions
thereto.
B. It is unlawful for any person(s) physically present in or on a street or
highway to solicit the occupant(s) of any vehicle traveling upon any street or highway.
This section does not prohibit solicitation by persons off the street or highway or on a
sidewalk.
C. No person shall engage in 'aggressive solicitation' in any public place.
'Aggressive solicitation' shall mean the following:
1. Approaching or speaking to a person, or following a person
before, during or after soliciting, asking, verbally confronting or begging, if that coriduct is
intended or is likely to cause a reasonable person to fear bodily harm to oneself or to
another, damage to or loss of property, or to otherwise be intimidated into giving money
or other thing of value, or where such conduct is intended to intimidate any person from
lawfully utilizing any public service or facility;
2. Intentionally touching or causing physical contact with another
person or an occupied vehicle without that person's consent in the course of soliciting,
asking or begging;
3. Intentionally blocking or interfering with the safe or free passage
of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or
vehicle operator to take evasive action to avoid physical contact;
4. Using violent or threatening gestures toward a person solicited
either before, during, or after soliciting, asking or begging;
5. Persisting in closely following or approaching a person, after the
person solicited has been solicited and informed the solicitor by words or conduct that
such person does not want to be solicited or does not want to give money or any other
thing of value to the solicitor; or
6. Using profane, offensive or abusive language before, during or
after solicitation, that is inherently likely to provoke an immediate, violent reaction.
D. No person shall solicit at the location of any residence from the time of
sunset in one day to the time of sunrise the next day.
adult
No person under the age of 16 may solicit unless accompanied by an
9.31.020 Noncharitable solicitation
A. Permit required.
It is unlawful for any person to engage in commercial solicitation activities as a
noncharitable solicitor within the city without first obtaining a permit therefor in
compliance with the provisions of this Section 9.31.020. For purposes of this section, the
term "noncharitable solicitor" shall mean any person who solicits for any commercial or
other purpose not intended to benefit nor benefiting, any "charity," as defined in California
Business and Professions Code Section 17510.2(d), or any successor provision thereto.
B. Application for permit
Ordinance No. 831 -Page 2 of 10
Applicants for a permit under this section shall file with the finance director a sworn
application in writing on a form to be furnished by the director, providing the following:
1. The name, birth date, and description of the applicant;
2. The permanent home address and full local and business address
of the applicant and the applicant's employer, if any, and any business represented by
the applicant;
3. A brief description of the nature of the business, the goods or
services to be sold, proposed method of delivery, and any vehicles to be utilized in
connection therewith;
4. If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
5. The length of time for which the permit is desired, not to exceed one
year;
6. A statement as to whether or not the applicant has been convicted
of any misdemeanor or felony within the previous ten years, the nature of the offense, the
date of conviction, and the punishment or penalty imposed therefor, or any misdemeanor
or felony for which the applicant is required to register pursuant to Penal Code Section
290;
7. A statement as to the nature and date of any revocation of any
permit held by the applicant to sell goods or services to the public within the previous ten
years;
8. Evidence of the applicant or applicant's employer possessing a
current city business license to conduct solicitation activities;
Where the applicant is a business entity utilizing noncharitable solicitors, the applicant
shall provide all of the required information as to such business entity and as to each
person who shall actually solicit.
C. Permit filing fee.
At the time of filing the application for a permit under this Section 9.31.020, a fee in an
amount established by resolution of the city council shall be paid to the finance director to
cover the cost of investigation of the facts stated therein, and the cost of the identification
card required to be carried by each solicitor. Such fee shall be paid by each business
entity applicant on behalf of each person who shall actually solicit.
D. Application investigation-Permit issuance conditions.
1. Upon receipt of a complete application for a permit under this
chapter, the finance director shall cause an investigation of the applicant and application
to be made. The finance director shall require the applicant to submit to LiveScan or
similar fingerprint means of identification and verification of information provided. The
application shall be approved or denied within thirty (30) days of receipt, unless the
finance director determines that additional time, not to exceed thirty (30) additional days,
is required to complete the investigation due to circumstances beyond the director's
control. In the event background information required to be obtained from the
Department of Justice or other State or federal agency has not been received as of the
end of the second thirty (30) day period, the finance director may issue a conditional,
temporary thirty (30) day permit pending receipt of the background information. The
temporary permit shall expire upon the issuance of an annual permit, receipt of
information establishing grounds for denial of the permit, or at the end of the thirty (30)
day permit term, whichever occurs first.
Ordinance No. 831 -Page 3 of 10
2. If, as a result of such investigation, the finance director determines
that any ground for denial set forth in Section 9.31.020 F.1 exists, the applicant shall be
provided written notice that the application is disapproved and that no permit will be
issued.
3. If, as a result of such investigation, the applicant is found to satisfy
the requirements of this chapter, the finance director shall approve the application and
issue a permit and an identification card for each solicitor. Such card shall contain the
signature of the issuing officer, and shall show the name and business or residential
address of the permittee, the kind of goods or services permitted to be sold thereunder,
the date of issuance and the term of the permit, as well as a description of any vehicle to
be used by a permitted solicitor. Each card shall also clearly state that issuance of such
permit and identification card does not constitute an official endorsement by the city of
the permittee or of anything sought to be sold by the solicitor. No permittee shall sell or
attempt to sell goods or services of a different nature than described in the permit. Each
permittee shall provide written notice to the finance director of any changes occurring
with respect to information set forth in an application made pursuant to this chapter,
within five (5) business days thereof.
4. The finance director shall keep a written record of all permits issued
for such time as required by law.
5. Each permittee shall comply with the provisions of Section 9.31,010
of this Chapter, with respect to the manner of solicitation.
E. Possession of permit required.
Each permitted solicitor shall maintain in his possession, at all times while soliciting, the
original identification card and a valid driver's license, identification card or other form of
identification bearing the solicitor's name and photograph, and shall exhibit the card and
picture identification to each prospective customer or law enforcement officer for
inspection upon request.
Permit denial and revocation.
1. Any permit applied for under the provisions of this chapter may
be denied for any of the following causes:
(a) Fraud, misrepresentation or false statement contained in
the application for a permit;
(b) Conviction of a misdemeanor or felony involving fraud,
theft, dishonesty, or injury to any person, within the previous ten years, or revocation of
any permit to sell goods or services to the public within the previous five years, or any
misdemeanor or felony for which the applicant is required to register pursuant to Penal
Code Secticn 290;
(c) Failure to comply with the requirements of this Chapter;
(d) Conviction within _the_,~_previous, twelve _(12)_vmonths;
2. Any permit issued under the provisions of this chapter may be
suspended or revoked after notice and hearing opportunity, for any of the following
causes:
(a) Fraud, misrepresentation or false statement made in the
course of solicitation activities; ,
Ordinance No. 831 -Page 4 of 10
(b) Any violation of this code or any state or federal law
while soliciting that is punishable as a misdemeanor or felony, provided that substantial
evidence of the fact of violation is found to exist;
(c) Conducting solicitation in such a manner as to constitute
a threat to the health, safety or general welfare of the public;
(d) Conviction of a misdemeanor or felony involving fraud,
theft, or dishonesty, or use of illegal drugs or injury to any person while soliciting, or
which requires the permittee to register pursuant to Penal Code Section 290.
3. Unless suspension is required in order to protect the immediate
health, safety or welfare of the public, a hearing shall be conducted prior to permit
revocation, pursuant to the procedures set forth in Section 9.31.030 D of this chapter,
applicable to revocation of charitable solicitation permits.
G. Appeal procedure.
Any person aggrieved by denial of a permit may appeal such denial in accordance with
the provisions of Section 9.31.030 E of this Chapter, applicable to denials of charitable
solicitation permits, provided, however, that a nonrefundable fee in such amount as may
be established by resolution of the city council shall be paid by the appellant at the time
of filing such appeal.
9.31.030 Charitable solicitation.
A. Definitions.
The following words and phrases, whenever used in this Section 9.31.030, shall be
defined as follows:
1. "Charity' means and has that definition set forth in California
Business and Professions Code Section 17510.2(d), or successor provision thereto,
which defines "charity' as including "any person who, or any nonprofit community
organization, fraternal, benevolent, educational, philanthropic, or service organization, or
governmental employee organization which, solicits or obtains contributions solicited from
the public for charitable purposes or holds any assets for charitable purposes."
Whenever the term "charitable purposes' is utilized in this chapter, such term shall mean
and include such purposes as will directly benefit or are purported to benefit any charity.
2. "Solicitor" means any person who solicits.
B. Charitable solicitation permit required.
1. No person shall solicit, or permit or cause any other person to
solicit on said person's behalf, where it is represented that any proceeds of such
solicitation are to be used for charitable purposes, or otherwise engage in any
"solicitation for charitable purposes" or "sales solicitation for charitable purposes," as
those terms are defined in California Business and Professions Code Section 17510.2, or
any successor provision thereto, without first obtaining and being the holder of a valid
charitable solicitation permit issued by the finance director. The fee for such permit shall
be in such amount as may be set by resolution of the city council and which will
compensate the city for the actual costs of the permit and identification card(s) required
to be in the possession of each solicitor at all times while soliciting, and the cost of
administering this chapter. Applicants providing proof of being or representing a non-
profit organization, association or other entity and exempt from the payment of taxes
pursuant to Section 501 (c)(3) of the Internal Revenue Code, or Section 23701d of the
California Revenue and Taxation Code, or any successor provision, shall not be required
to pay said fee.
Ordinance No. 831 -Page 5 of 10
2. The foregoing permit shall be required only of the person in
charge of charitable solicitations on behalf of a charity, but no person shall solicit as
agent, servant or representative of an unpermitted person required under the provisions
of this section to have a charitable solicitation permit.
3. Each person applying fora charitable solicitation permit or
renewal of an existing permit shall file with the finance director a sworn statement setting
forth the name of the charity on which behalf the charitable solicitation is to be made,
together with the address and telephone number of the charity (and if an organization,
the names and business addresses of its officers); the name of the person or persons
who are to act as charitable solicitors; the total amount to be raised; the estimated total
amount to be expended as compensation or reward for such charitable solicitation, or the
percentage of the total amount intended to be raised or realized in the drive or campaign
such estimated total of expenditures represents; and the purpose for which the money or
property derived from such charitable solicitation is to be used. This statement shall be
verified by declaration or affidavit of the person, or chief officer of the organization, for
whom charitable solicitation is to be made, or if solicitation is to be for an unorganized
class of persons, verification shall be made by the person in charge of such charitable
solicitation.
To the extent not required above, each applicant shall also provide to the finance
department as part of the sworn statement of the information required to be disclosed
pursuant to California Business and Professions Code Section 17510.3, the name and
address of each person who shall actually solicit for charitable purposes. This sworn
statement shall be on such form as provided by the finance department and shall
constitute the required application. Notwithstanding the foregoing, provided none of the
information given in connection with an application for an initial charitable solicitation
permit has changed, an applicant for renewal shall only be required to verify the same
under penalty of perjury and pay the required permit fee.
4. Before issuing a charitable solicitation permit, the finance
department may investigate the information provided in the application. Unless upon such
inquiry or from such statement the finance department discovers any false material
statement or representation, or that the applicant does not represent a bona fide charity,
as defined herein and in California Business and Professions Code Section 17510.2, or
that the solicitation activities proposed would violate any provision of California Business
and Professions Code Section 17510 et seq., or any other law, or that the applicant has
- - .. _
been convicted within the previous twelve (12)_ months of soliciting without_ a_permit
.required by this Chapter; the application shall be approved. Each complete application for
a charitable solicitation permit shall be approved or denied within fourteen (14) days of
receipt or the application shall be deemed approved. The permit shall be valid for one
year unless revoked or renewed as provided herein. If denied, the basis for denial shall
be provided in writing within seven (7) calendar days by mail to the applicant.
5. In accordance with the requirements of California Business and
Professions Code Section 17510.3, upon commencement of any charitable solicitation,
each charitable solicitor shall exhibit to the prospective donor or purchaser a card entitled
"Solicitation or Sale for Charitable Purposes Card," or alternatively, a solicitation
brochure, which card or brochure shall truthfully contain the following information:
(a) The name and address of the charitable campaign, each
organization, or fund on behalf of which all or any part of the money collected will be
utilized for charitable purposes;
(b) If there is no organization or fund, the manner in which
the money collected will be utilized for charitable purposes;
Ordinance No. 831 -Page 6 of 10
(c) The amount, stated as a percentage of the total gift or
purchase price, that will be used for charitable purposes;
(d) If the charitable solicitor is a paid fundraiser and is paid a
set fee rather than a percentage of the total amount raised, the card or brochure shall
show the total cost that is estimated will be used for direct fundraising expenses;
(e) If the charitable solicitation is not a sales solicitation for
charitable purposes, the card or brochure may state, in place of the amount of fundraising
expenses, that an audited financial statement of these expenses may be obtained by
contacting the organization at the address disclosed;
(f) 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;
(g) The percentage of the total gift, donation, 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 or brochure shall state that this contribution is
not tax deductible;
(h) If the organization making the charitable 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," or "firefighter,"
"firemen" or "fire department," which would reasonably be understood to imply that the
organization is composed of law enforcement or fire department or firefighting personnel,
the charitable solicitor shall give the total number of members in the organization,
including the name of their public agency employer, and the number of members working
or living within the county where the charitable solicitation is being made, and if the
solicitation is for advertising, the statewide circulation of the publication in which the
solicited ad will appear;
(i) If the organization making the charitable 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 charitable 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 subsection does not
apply to federally chartered or state incorporated veterans' organizations with two
hundred or more dues paying members or to a thrift store operated or controlled by a
federally chartered or state incorporated veterans organization. This subsection does not
apply to any state incorporated community-based organization that provides direct
services to veterans and their families and qualifies as atax-exempt organization under
Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701(d) of
the California Revenue and Taxation Code;
6. When the charitable solicitation is not a sales solicitation for
charitable purposes, any charitable solicitor who receives no compensation of any type
from, or in connection with, a solicitation by any charitable organization, may comply with
the provisions of subsection 8.5 of this section, 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 charitable purpose 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 fundraising costs, may be
obtained by contacting the organization's office at the address disclosed. The
organization shall provide this information to the person solicited within seven days after
receipt of the request.
Ordinance No. 831 -Page 7 of 10
A charitable solicitor who receives no compensation of any type from, or in connection
with, a solicitation or sales solicitation by a charitable organization which has qualified for
a tax exemption under Section 501(c)(3) of the Internal Revenue Code, and who is
eighteen years of age or younger shall be exempt from the provisions of subsection B.5
of this section;
7. Each charitable solicitor receiving money or property from any
person as a result of any solicitation shall provide a written receipt to such person. This
receipt shall indicate the amount of money or a description of property received, as well
as the name, business or home address and telephone number of the charitable solicitor.
The receipt shall also state whether or not the money or property received constitutes a
state or federal tax deduction;
8. Each charitable solicitor, or the charity on whose behalf such
solicitation is made, shall maintain full and complete written records of all money and
property received as a result of the permittetl charitable solicitation activities. Such
records shall be available for review by the finance director, or designee, during normal
business hours.
C. Identification.
1. Each charitable solicitor who shall actually solicit shall be issued,
and shall maintain in his/her possession at all times while soliciting, an original
identification card and a driver's license, identification card, or other form of identification
which bears the solicitor's name and photograph. The permit and identification card shall
also state that issuance of such permit does not constitute an official endorsement by the
city of the permittee or of the subject charity.
2. Solicitors shall display the permit and identification card to, and
allow the same to be examined by, any and all persons to whom any solicitation is to be
made, prior to the time of the solicitation, and to any law enforcement officer upon
request.
3. A charitable solicitor soliciting on behalf of a charitable
organization whose membership is comprised of at least fifteen members and at least
seventy-five percent Rancho Cucamonga residents, shall be deemed to comply with this
section provided each solicitor, while soliciting, is dressed in a recognizable uniform, or is
bearing some other farm of conspicuous identification, of such charitable organization.
D. Revocation.
Any charitable solicitation permit may be revoked or suspended by the finance director,
pending a hearing, when there is probable cause to believe that any fraud or criminal act
has been or is being committed by the permittee or agents thereof in connection with any
permitted solicitation. In all other cases, where any permittee is found to have included
any material misstatement or misrepresentation in the application, the permit may be
revoked or suspended after a hearing on the matter.
When a hearing is to be conducted as provided herein, the finance director shall
schedule such hearing to occur between seven and twenty-one calendar days, and shall
provide notice by first class mail of such hearing to the permittee at the address set forth
in the application on file. Said hearing shall be held before the city manager who shall
bear the burden of proof and his or her decision shall be based upon written findings and
shall be final.
Ordinance No. 831 -Page 8 of 10
E. Appeal.
Any person, business entity or organization aggrieved by a denial of a charitable
solicitation permit may appeal to the city manager by filing a written request for an
administrative hearing with the city clerk within thirty days after service of notice of the
finance director's decision. The city manager shall bear the burden of proof and no fee
shall be charged for such appeal. The decision of the city manager shall be final."
Section 3. The provisions of this Ordinance shall become operative and may be enforced, commencing
180 days after the effective date.
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance
which can be given effect without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be
severed and the balance of the Ordinance be enforced.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
Please see the Iol/owing page
!or lormal atloptlon, certilicatian antl signatures
Ordinance No. 831 -Page 9 of 10
PASSED, APPROVED, AND ADOPTED this 16`h day of June 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
~~~ ~. ~~
J nice C. Reynolds, City Jerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 2nd day of June 2010, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16`h day of June 2010.
Executed this 17`" day of June 2010, at Rancho Cucamonga, California.
Q~~ r. ~~-
~anice C. Reynolds, City Clerk
Ordinance No. 831 -Page 10 of 10