§ 5.28.080. Promoter registration certificate—Information required.

A.

Except as provided in this Section, no promoter shall solicit, manage, or otherwise engage in the business of soliciting, or receiving, contributions for any person unless such promoter first obtains a promoter's registration certificate. To obtain said certificate, the promoter shall file with the Police Department, on forms provided thereby, at least ten (10) days prior to the proposed solicitation, an application for a certificate which shall be in writing and under oath. Such application shall include, in addition to any information required by the City Manager:

1.

The name and address of applicant, and if a corporation, the names and addresses of its managing officers and agents, and if an unincorporated association, firm or partnership, the name and address of each member thereof;

2.

Repealed;

3.

The name and address of the person on whose behalf the promoter intends to solicit contributions, manage or conduct a drive or campaign, or otherwise secure contributions or donations;

4.

The general plan, character and method in or by which applicant proposes to conduct business as a promoter; and

5.

A showing that such promoter has sufficient financial responsibility to carry out the obligations incident to the proposed solicitation drive or campaign.

B.

At the time of filing the application applicant shall file, and if he is granted a promoter's registration certificate shall thereafter maintain, a bond approved as to sufficiency by the City Manager and as to form by the City Attorney in the penal sum of five thousand dollars ($5,000.00) Such bond shall be conditioned upon the payment of any direct pecuniary loss which may be sustained by any donee or by any person on whose behalf any contribution is solicited or received resulting directly from any illegal act by the promoter. Any person who sustains any injury covered by the bond may, in addition to any other remedy which he may have, bring an action in his own name upon the bond for the recovery of any damage sustained by him.

C.

The City Manager or his representatives shall examine the application and make such further investigation as deemed advisable. If, from such examination and investigation, the City Manager is satisfied in all of the following particulars, he shall approve the application and authorize the issuance by the Police Department of a promoter's registration certificate; otherwise he shall disapprove the application and the issuance of the certificate:

1.

Repealed;

2.

That neither the applicant, nor any officer, agent, partner or member of applicant, has violated any provision of this Chapter, nor any provision of any law or ordinance regulating charities or philanthropic work;

3.

That each and all statements in the application are true;

4.

That neither applicant, nor any officer, agent, partner nor member thereof has engaged in any fraudulent transaction or enterprise;

5.

That the business will be conducted fairly and honestly;

6.

That applicant has sufficient financial responsibility to carry out the obligations incident to any proposed solicitation; and

7.

Repealed.

D.

The Police Department shall collect a fee determined by the City Council by resolution with each such application so filed. Each promoter's registration certificate shall terminate one (1) calendar year from date of issue, or upon termination or cancellation of the bond required by this Chapter.

E.

The holder of a promoter's registration certificate shall be reregistered by the Police Department upon filing of an application as required in this Section and upon payment of a fee and the posting of a bond in the amounts as determined by the City Council by resolution which shall comply with all requirements of this Section.

F.

Such registered promoter shall notify the City Manager in writing of any change in address, and if the registered promoter is employed by more than one (1) person he must so notify the City Manager in writing of such fact, and of any subsequent termination or change of employment or, if a corporation, he must notify the City Manager in writing of any change in managing officers or agents or, if an unincorporated association or firm, of any change in members, partners or agents.

(ORD-10-0014, § 10, 2010; Ord. C-6430 § 3 (part), 1987: Ord. C-6260 § 1 (part), 1986)