HomeMy Public PortalAboutOrdinance 65-172ORDINANCE NO. 65 -172
AN ORDINANCE OF THE CITY OF TEMPLE
CITY ADDING A NEW CHAPTER 4 TO
ARTICLE IV OF THE TEMPLE CITY MUNI-
CIPAL CODE RELATING TO THE REGULA-
TING OF CHARITABLE SOLICITATIONS
AND REPEALING SECTION 4260 OF THE
TEMPLE CITY MUNICIPAL CODE IN CON-
NECTION THEREWITH.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. A new Chapter L}, reading as follows, is hereby
added to the Temple City Municipal Code:
CHAPTER 4
CHARITABLE - RELIGIOUS SOLICITATIONS
Sec. 4500. Charitable - Reli•ious Solicitations. Permit
Require •. o person, wit out aving first o•ta+ned
a permit therefor, as herein provided, shall make any appeal to
the public for a charity or charitable or religious purpose,
either by soliciting or collecting gifts, contributions, dona-
tions, or subscriptions, or by promoting or conducting any sale,
bazaar or exhibition by any other means, at any place or to any
person within the City.
Sec. 4501. Tickets. No person, without first having obtained
a perm t therefor, as hereinafter provided, shall
sell or solicit for or on behalf of any person, by telephone or
otherwise, for the sale of any ticket or right to admission to
any amusement, show, entertainment, lecture or other enterprise
not regularly carried on for private profit or gain by any per-
son at a fixed place of business in the City, or solicit any
contribution or gift in connection with such amusement, show,
entertainment, lecture or other enterprise, where such sale or
solicitation is for a charitable purpose and is made to persons
other than the bona fide members of the firm, association or
corporation, causing such solicitation or sale, or for or on
whose behalf such solicitation or sale is made and where, in
connection with any such amusement, show, entertainment, lecture
or other enterprise, it is represented, advertised, held out,
implied, or made to appear that such sale, solicitation, con-
tribution or gift or any part of the proceeds therefrom shall
belong to or be devoted or used for the benefit of any person,
firm, association or corporation.
Sec. 4502. Same. Application. Any person desiring a permit to
do any of the acts referred to in Sections 4500 and
4501 hereof, shall file a written application therefor with the
City Manager of the City containing the following information:
(1) Name and address of applicant (if applicant is a
corporation, partnership or association, the names
and addresses of all officers, partners, and /or
principals).
(2) Location of national, state and local headquarters,
if any.
(3) The names and addresses of all persons directly
interested in or who in any manner will be engaged
in the activity.
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(4) The purpose for which the proceeds of the
solicitations, sale, bazaar, exhibition,
promotion, amusement, show, lecture,
entertainment or other enterprise, or any
part thereof, are to be used, including
the manner and amount of any compensation
intended to be paid to any person, firm,
association or corporation, out of such
gross proceeds.
(5) The total amount sought to be raised, and
the bank or place where all or any part of
such funds will be placed on deposit or
invested.
(6) The type of records proposed to be kept of
funds received and the location of such
records and the custodian thereof.
(7) The type of identification to be carried or
uniform to be worn by persons engaged in the
activity.
(8) Such other information relating to applicant
and the parties directly interested or engaged
in the activity, as may necessary to enable
a full and complete investigation to be conducted
including but not limited to suitable photographs
and fingerprints.
Sec. 4503. Same. Investigation. The City Manager of
tcity, upon receipt of such an application
shall refer the same to the Police or Sheriff's Department
for investigation. After the investigation has been conducted,
the Chief of Police or his authorized deputy or sheriff shall
transmit to the City Manager, for referral to the City Council,
the report of the investigation.
Sec. 4504. Same. Granting. Denying, The City Council
shall consider the application and investigation
report and such other information as may be relevant, and
if it finds that the applicant has not stated true facts
in the application or that if a permit were to be granted
to applicant, a fraud, in all probability, would be perpe-
trated on the public, the Council shall refuse the issuance
of a permit to such applicant. If the Council finds that
the application is truthful, that the applicant is acting
in good faith and that in all probability a fraud would not
be perpetrated on the public, a permit shall be issued to
such applicant for such period of time as applicant may
request, not to exceed a period of three (3) months from
the date of issuance of said permit. Provided, that as a
condition to granting such permit, the Council may require
applicant to file a bond with the City Clerk, in a sum not
to exceed $1,000.00, in a form to be approved by the City
Attorney, conditioned so that if applicant should fail to
devote, pay or use the entire proceeds or percentage thereof,
as specified in the application, derived from the activity,
to the person for, or on whose behalf, or benefit such activity
was carried on, as indicated on the application, then the
surety will pay to such person the amount of such bond.
Sec. 4505. Same, Exc'lption. Renewal permits shall not be
r_uired z
�q r any of the acts or activities
described in Sections 4500 and 4501 hereof, by the members
of any religious or charitable organization which has been
in existence in, and which regularly has maintained a
headquarters or a place of wcr;hip in the City, for a
period of at least five (5) years next preceding the date
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on which such activity is proposed to be commenced; provided
that the Council has issued a basic permit authorizing the
acts or activities described in said Sections by such organ-
ization. Permits issued to organizations as described in
this, Section shall be valid until revoked by the Council;
provided such permittees shall advise the City of changes in
sponsors or officers.
Sec. 4506. Same. Suspension. Revocation. The City Manager
shall have the power to suspend any permit if he
finds that the Permittee is not operating in conformity with
the application pursuant to which the permit was issued, or
if he finds that further activity of the Permittee would, in
all probability allow fraud to be perpetrated upon the public
or any portion thereof. Notice of such suspension shall be
given to Permittee by registered mail directed to the Permittee
at his last known address, postage prepaid and deposited in
the United States mail. The said permit in such a case shall
be suspended and no further activity otherwise permitted there-
under shall be permitted, effective three (3) days after date
of mailing said letter. In such a case, Permittee shall have
a right of immediate appeal to the Council and at the next
regularly scheduled Council meeting after such suspension,
said Permittee shall show cause before the Council why the
permit should not be revoked. If the Council finds that the
suspension was justified, the permit shall forthwith be re-
voked. No formal public notice need be given by the Council
in connection with the denying or revocation of such permit,
provided that notice of such hearing is given to applicant by
depositing in the United States mail by registered mail di-
rected to the last known address of such applicant, at least
48 hours prior to the holding of such hearing.
Sec. 4507. Solicitation by Mail. No permit shall be required
for any solicitation through the United States mail.
SECTION 2. Section 4260 of the Temple City Municipal Code
is hereby repealed.
SECTION 3. PENALTY. Any person, firm or corporation viola-
ting this Ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not more than:
$500 or by imprisonment in the City or County Jail for a period
of not to exceed six months, or by both such fine and imprison-
ment.
SECTION 4. SEVERABILITY. IF any word, clause, phrase, sen-
tence or provision of this Ordinance or the application thereof
to any person or circumstances is held invalid, the remainder of
this Ordinance and the application of such provisions to other
persons or circumstances shall not be affected thereby; and the
Council declares that it would have enacted every word, phrase,
sentence and clause notwithstanding.
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SECTION 5. The CityClerk shall certify and attest to the
adoption of this Ordinance and shall cause the same to be published
once in the Temple City Times, a semi - weekly newspaper, published
and circulated in the City of Temple City.
PASSED, APPROVED and ADOPTED this 21st day of September, 1965.
ATTEST:
Deputy City / lerk
7ayor o t e ity o
Temple City, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
I, Ma orie A oodruf Deputy City Clerk of the City of
Temple City, •o ere •y cert y t at the foregoing Ordinance, being
Ordinance No. 65 -172 , was introduced at a regular meeting
of the City Council odEie City of Temple City, held on the 7th
day of September , 1965, and was duly passed, approved air—
signed by the ilayor and attested by the City Clerk at a regular
meeting of said City Council held on the 21st day of September__,
1965, by the following vote of the Counci1:---
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
Deputy ity ' er o t e ity
Tem,• e City, California
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