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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. -1- 499 Ordinance No. 65 -172 (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 - 2 - 500• Ordinance No. 65 -172 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. -3 50.1 1 1 1 Ordinance No. 65 -172 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 - 4 5.02