§ 5.28.120. Solicitation regulations.

A.

Unless the requirement is waived by the City Manager as provided in this Section, no person shall make any solicitation as defined in this Chapter unless such person exhibits to every person solicited a true and correct copy of an information card which shall be issued by the City Manager whenever he issues a solicitation permit.

This information card shall state that it is issued for public information purposes only and that it is not the City's endorsement of the solicitation. The information card shall include the following:

1.

The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;

2.

If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;

3.

The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes;

4.

If paid fundraisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fundraising expenses;

5.

If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;

6.

The nontax-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;

7.

The percentage of the total gift 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 shall state that "This contribution is not tax deductible";

8.

If the organization making the 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", "fireman", "firefighter", "deputy", "deputy sheriff", which would reasonably be understood to imply that the organization is composed of law enforcement or safety personnel, the 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 and if the solicitation is for advertising, the State-wide circulation of the publication in which the solicited ad will appear.

When making any solicitation, the solicitor shall read the information card to the person solicited, or present it to such person for his perusal and allow him sufficient opportunity to read it, before accepting any contribution.

B.

In each instance where more than one (1) person solicits contributions under one (1) solicitation permit, each such person shall be supplied with a true and correct or facsimile copy of the information card issued by the City Manager. It shall be the responsibility of the organization or person to whom the solicitation permit has been issued to supply each such solicitor with such copy of the information card, unless the requirement for exhibiting such cards is waived by the City Manager as elsewhere provided in this Chapter.

C.

When a campaign or drive for raising funds for any philanthropic purpose is given general publicity through the press, or otherwise, and when more than twenty-five (25) persons serve as solicitors without compensation for their services, the City Manager may, upon application by the person filing the notice of intention, waive the requirements of this Chapter with respect to information cards and the filing of copies of written authorizations of the solicitors serving without compensation, if it is established to the satisfaction of the City Manager and he finds that the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required in this Section to be set forth on the information card.

D.

Upon receipt of additional information which, in the opinion of the City Manager, may render incorrect any statement set forth in the information card, the City Manager shall recall every such information card and amend or correct the same and shall issue in lieu thereof a new information card amended or corrected in accordance with such additional information. Upon receipt of notification to return any information card for amendment or correction and new issue, as provided in this Section, the person who filed the notice of intention for the solicitation for which such card was issued shall present such recalled information card to the Police Department within twenty-four (24) hours from the time of receipt of said notification.

E.

Upon request of the City Manager all information cards issued pursuant to this Chapter shall be returned to the Police Department upon completion of the solicitation for which they are issued, or at the expiration of the period for which they are valid.

(Ord. C-6385 §§ 1, 3, 1987; Ord. C-6260 § 1 (part), 1986)