§ 5.28.060. Permit—Notice of intention—Investigation.

A.

In connection with any solicitation where a notice of intention has been filed with the Police Department, the City Manager, or his representatives, shall have the power to investigate the allegations in the notice of intention and in statements or reports filed with the Police Department pertaining to the solicitation. The City Manager shall have access to, and the right to inspect and make a copy of, all the books, accounts and papers of the applicant pertaining to the solicitation or the use or expenditure of any contribution so solicited. The City Manager shall also have power to investigate at any time the methods of making or conducting any such solicitation.

B.

The City Manager shall disapprove any notice of intention and deny a permit, or shall revoke any permit previously issued, when he finds that the holder thereof or the applicant therefor, or any of the holder's or applicant's officers, agents, employees, solicitors, associates, managers, conductors, or promoters has:

1.

Violated any of the provisions of this Chapter or any of the provisions of any other law or ordinance regulating solicitation for charities or philanthropic work; or

2.

Made any false statement or misstatement in the application for a solicitation permit; or

3.

Repealed;

4.

Made false statements in order to procure donations; or

5.

Improperly diverted solicited contributions from the proposed purposes for such solicitation; or

6.

Been determined not to be a nonprofit charitable association; or

7.

Shown that the proposed solicitation is not primarily for charitable or philanthropic work or purposes.

Otherwise, he shall approve the application and issue the permit.

C.

If the City Manager denies a solicitation permit, he shall give written notice to the applicant specifying the reasons for such denial and stating applicant's right to appeal this decision to the City Council within ten (10) days after service of the notice by mail pursuant to Section 5.28.190.

D.

If the City Manager revokes a solicitation permit, he shall give written notice to the permittee specifying the reasons for such revocation and stating the permittee's right to appeal this decision to the City Council within ten (10) days after service of the notice by certified mail pursuant to Section 5.28.190.

The revocation shall take effect ten (10) days after service of the notice of revocation. If the decision is appealed to the City Council, the revocation is stayed until the City Council acts on the appeal.

If a solicitation permit is revoked, the permittee shall file its required closing reports and financial statements within thirty (30) days after the effective date of revocation.

(Ord. C-6430 § 3 (part), 1987; Ord. C-6325 § 15, 1986: Ord. C-6260 § 1 (part), 1986)