§ 5.28.050. Permit—Notice of intention—Contents.  


Latest version.
  • A.

    No person shall authorize any other person to make any solicitation, and no person shall make any solicitation, unless a permit to so solicit has been obtained from the City Manager within one (1) year of, and at least ten (10) days prior to, the beginning of such solicitation. Except as provided in this Chapter, such permit shall be issued by the City Manager upon the filing with the Police Department of a notice of intention to solicit, which notice of intention shall contain such of the following information as is pertinent, and such other information as the City Manager may require:

    1.

    The purpose of the solicitation and use of the contributions to be solicited;

    2.

    A specific statement, supported by reasons and, if available, figures, showing the need for the contribution proposed to be solicited;

    3.

    The character of such solicitation and how it will be made or conducted;

    4.

    The expenses of the solicitation, including all commissions, costs of collection, salaries and other items, if any, regardless of from what funds such expenses are payable;

    5.

    What portion of the contributions collected, as a result of the solicitation, will remain available for application to the specific purposes declared in the notice of intention as the object of such solicitation, and what portion of the contributions collected will be utilized within the City;

    6.

    A specific statement of all contributions collected or received for the same purpose by those on whose behalf the notice of intention is filed, within the calendar year immediately preceding the date of such filing. The expenditures, or use made of such contributions, together with the names and addresses of all persons receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof;

    7.

    The names and addresses of the officers and directors of any corporation or association for which the solicitation referred to in the notice of intention is proposed therein to be made;

    8.

    A certified true and correct copy of the resolution of the Board of Directors of any corporation or association upon behalf of which such permit is sought to be obtained;

    9.

    A statement of any agreement made with any agent, solicitor, promoter, manager or conductor of such solicitation, together with a certified true and correct copy of each agreement which may be in writing, or, if not in writing, written details thereof. A true and correct copy of any change in such agreement, or a new or further agreement if in writing, or, if not in writing, complete written details thereof, shall be filed with the City Manager within twenty-four (24) hours after such change;

    10.

    A certified, true and correct copy of the articles of incorporation, together with any amendments thereto, and a copy of the bylaws currently in effect of any corporation or association upon behalf of which such permit is sought to be obtained, and a written statement or other pertinent data which may be required setting forth the necessary facts in support of any claim that such corporation or association for religious, charitable, philanthropic or patriotic purposes;

    11.

    A statement that the signers of such notice have read and are familiar with the provisions of this Chapter and will require all solicitors engaged in such solicitation to read and be familiar with the provisions of this Chapter prior to making any such solicitation;

    12.

    Where paid solicitors are to be used, the person applying for a solicitation permit shall furnish, on forms prescribed by the Police Department, his photograph and fingerprints. Where the applicant is a corporation or association, its president shall furnish his picture and fingerprints. A fingerprint processing fee determined by the City Council by resolution shall be paid to the Police Department.

    B.

    Whenever, in the opinion of the City Manager, the notice of intention filed with the Police Department does not disclose sufficient information for the protection of the public concerning the facts required in this Section to be stated in such notice of intention, or concerning the person on whose behalf such solicitation is proposed to be made, then, upon the request of the City Manager therefor, such person shall, within forty-eight (48) hours or such additional time as may be allowed by the City Manager, file in writing with the Police Department such additional information as he may specifically require upon the foregoing subjects. The notice of intention, and such additional information provided for in this Section, shall be signed by the person intending to make such solicitation, or if such solicitation is to be made by, or on behalf of, any corporation or association, by at least two (2) officers thereof.

(ORD-10-0014, § 8, 2010; Ord. C-6260 § 1 (part), 1986)