HomeMy WebLinkAbout88-41 - Amending Chapter 5.41 of the Newport Beach Municipal Code Pertaining to Noncommercial SolicitationORDINANCE NO. 88 - 41
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 5.41 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO NONCOMMERCIAL SOLICITATION
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1. Chapter 5.41 of the Newport Beach Municipal
_ Code is hereby amended to read as follows:
Chapter 5.41
NONCOMMERCIAL SOLICITATION
Sections:
5.41.005 Legislative Findings and Statement of Purpose.
5.41.010 Definitions.
5.41.015 Permit Requirement for Noncommercial
Solicitations.
5.41.020 Exemptions.
5.41.025 Application for Permit.
5.41.030 Permit Fee.
5.41.035 Issuance of Permit.
5.41.040 Form and Duration of the Permit.
5.41.045 Non - transferability of Permits.
5.41.050 Waiver of Requirements in Extraordinary
Emergency.
AMIAM Section 5.41.005 Legislative Findings and Statement of
Purpose.
The City Council hereby finds and declares as follows:
A. Persons and organizations have been and are soliciting
funds and property in the City on the representation that such
proceeds are to be used for noncommercial purposes when such funds
and property may be used wholly or in large part for the private
profit of the individuals promoting such solicitations.
B. A variety of misrepresentations and other frauds may be
employed in such solicitations.
C. This Ordinance is enacted to identify and register groups
soliciting for noncommercial purpose in the City so that the
ublic can analyze the nature and worthiness of the solicitation
in an informed fashion.
isD. This Ordinance is necessary to protect the public health,
safety and welfare.
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Section 5.41.010 Definitions.
As used in this Chapter the following terms shall have the
meanings indicated:
A. "Applicant" means the person applying to the City Manager
Alfor a solicitation permit on behalf of the permit holder.
B. "City Council" means the City Council of the City of
_ — Newport Beach.
C. "City Manager" means the City Manager of the City of
Newport Beach or his /her designee.
D. "Contribution" means the giving of anything of value,
including money, property or any other type of financial
assistance, or the pledging of anything of value, including money,
property, or any other type of financial assistance, or the
purchase or offer to purchase, anything of value, including, but
not limited to, goods, services, books, pamphlets, tickets,
subscriptions to publications, upon the implied or express
representation that the proceeds, or a portion thereof, of the
gift, pledge, or purchase will be used for a non - commercial
_,ijrpose.
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E. "Director of Finance" means the Director of Finance of the
City of Newport Beach or his /her designee.
F. "Noncommercial Purpose" means the purpose of any
nonprofit community organization, fraternal, benevolent,
educational, philanthropic, or service organization, or
governmental employee organization which solicits or obtains
contributions from the public for charitable purposes or holds any
assets for charitable purposes.
G. "Organization" means any partnership, corporation, or
association, including any firm, company, society, organization,
church, congregation, assembly, or league, and shall include any
Ajairector, officer, trustee, receiver, assignee, agent, or other
�— similar representative thereof.
H. "Permit Holder" means the person on whose behalf the
solicitation will be conducted.
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I. "Person" means any individual, partnership, corporation,
or association, including any firm, company, society,
organization, church, congregation, assembly, or league, and shall
include any director, officer, trustee, receiver, assignee, agent,
or other similar representative thereof.
J. "Solicitation" means:
at 1. Any request, plea, demand, or invitation, or attempt
thereof, to give money or property, in connection with which:
(a) Any appeal is made for charitable purposes, or
(b) The name of any charity, philanthropic or
charitable organization is used or referred to in any such
appeal as an inducement for making any such gift, or
(c) Any statement is made to the effect that such
gift or any part thereof will go to or be used for any
charitable purpose or organization; and /or
2. The sale of, offer to sell, or attempt to sell any
advertisement, advertising space, book, card, chance, coupon
device, magazine subscription, membership, merchandise, ticket of
:'mission or any other thing or service in connection with which:
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(a) Any appeal is made for charitable purposes, or
(b) The name of any charity, philanthropic or
charitable organization is used or referred to in any such
appeal as an inducement for making any such gift, or
(c) Any statement is made to the effect that such
gift or any part thereof will go to or be used for any
charitable purpose or organization.
K. "Solicitor" means an individual who solicits or engages in
a solicitation as defined in this section.
Section 5.41.015 Permit Required for Noncommercial
Solicitation.
A. No organization shall solicit or knowingly allow
solicitation on its behalf, contributions for any noncommercial
• purpose, unless that organization holds a valid permit issued
pursuant to the provisions of this Chapter.
B. No person shall solicit or engage in the solicitation of
contributions for any noncommercial purpose, unless the
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organization on whose behalf the solicitation is being made holds
a valid permit issued pursuant to the provisions of this Chapter.
Each solicitor shall carry a photocopy of the permit issued
pursuant to this Chapter completed with the solicitor's full name
while soliciting or engaging in the solicitation of contributions
for any noncommercial purpose.
C. Nothing set forth in this Chapter shall be construed as
granting to the City Manager or the City Council any discretion to
grant, deny, suspend, revoke or refuse to renew any permit by
reason of disapproval or disagreement with the philosophy, opinion
or belief of the permit holder.
Section 5.41.020 Exemptions.
The following are exempted from the provisions of this Chapter:
A. Any organization's solicitation of its members;
B. Solicitation on premises owned or controlled by the
solicitor;
C. Solicitation which is subject to disclosure under state or
federal political disclosure laws;
D. The issuance of any announcement or advertisement that
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such solicitation as described in Subsections (A), (B), or (C)
above will occur or which announces or advertises an event at
which unannounced solicitation as described in Subsections (A),
(B), or (C) above occurs; and
E. Solicitation conducted solely by means of radio or
television broadcasts, newspapers, magazines, solely by direct
solicitation by United States mail.
Section 5.41.025 Application for Permit.
A. An application for a permit to solicit for any
noncommercial purpose shall be made to the City Manager upon forms
supplied by the City. The applicant shall verify the application
Aor a permit and file it with the Director of Finance at least ten
(10) days prior to the time the permit requested is to become
• effective. The City Manager may, for good cause shown, allow the
filing of an application less than ten (10) days prior to the
effective date of the permit requested.
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B. The application shall contain the following information:
1. The full name, mailing address, principal business or
residential address and telephone number, and the nature of the
relationship between the applicant and the permit holder,
Otincluding whether the applicant is a volunteer, a paid officer or
employee, an independent contractor, or an agent of the permit
holder.
2. Documentation from the United States Internal Revenue
Service or from the California Franchise Tax Board that the permit
holder is tax exempt under federal or state income tax laws.
3. If the permit holder is:
(a) An individual, the application shall state the
full name, mailing address and principal business or residential
address and telephone number.
(b) A partnership, the application shall state the
full name, mailing address, and principal business or residential
address and telephone number of each partner. However, if there
re more than ten (10) principal partners, only the ten (10)
are
partners need to be listed.
(c) A corporation, the application shall state
whether it is organized under the laws of California or is a
foreign corporation and, if a foreign corporation, the place of
incorporation, the full name, mailing address, and principal
business and telephone number of the individual in charge of the
local office of the corporation and of all officers, directors and
trustees of the corporation. However, if there are more than ten
(10) officers, directors, and trustees, only the ten (10)
principals among the officers, directors and trustees of the
corporation need to be listed.
(d) An association, the application shall state
'number address, and principal business address and telephone
number of the association and the full name, mailing address, and
• principal business or residential address and the telephone number
of each member of the association. However, if there are more
than ten (10) members of the association, only the ten (10)
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principal members need to be listed. If the association is part
of a multi -state association, the mailing address and business
address and telephone number of its central officer shall also be
given.
4. If the permit holder intends to use a paid solicitor
to solicit contributions on behalf of the permit holder, the
information required by Subsection 3 above shall also be
applicable to the paid solicitor.
5. The full name, mailing address, and principal
business or residential address and telephone number of each
individual who will be in charge of supervising the solicitation.
6. The full name of each individual who will be
soliciting contributions on behalf of the permit holder.
7. The full name, mailing address, and principal
business or residential address, and telephone number of each
individual who will be in direct charge or control of the
contribution solicited and of the disbursement.
8. The exact purpose of the solicitation and the exact
j�_ographic area in which the solicitation will be conducted.
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9. A description of the records which will be kept if
the contributions received and the revenues and expenses of the
permit holder, including administrative and fund raising costs,
and whether such records will be open to the public and, if so,
the address and telephone number of the place where they may be
inspected.
10. The time during the day when the solicitation will be
made and the dates for the commencement and termination of the
solicitation.
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11.
A general outline of the method or methods to be used
_
in conducting the solicitation,
including the number of solicitors
�
o be used.
A statement that
the permit will not be used or
•12.
represented
in any way as an
endorsement by the City or any
department,
officer, or employee
thereof.
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C. If, while the application is pending or during the term of
any permit granted thereon, there is any change in fact, policy,
or method that would alter the information given in the
application, the applicant shall notify the City Manager in
• writing within twenty -four (24) hours after such change.
�- Section 5.41.030 Permit Fee.
_ At the time of filing an application for a permit, a fee as
established by Resolution of the City Council shall be paid to
cover the administrative cost of processing the application and
issuing the permit. The Resolution shall contain provisions for
waiver of the fee upon showing of necessity.
Section 5.41.035 Issuance of Permits.
A. The City Manager shall issue the permit to the applicant
within ten (10) days after the date the completed application is
filed.
Section 5.41.040 Form and Duration of the Permit.
A. Permits issued under this Chapter shall contain the
AMWAIM following information:
1. The name and address of the permit holder;
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2. The number of the permit and the date issued;
3. The dates solicitation is authorized;
4. The noncommercial purpose of the solicitation as
stated on the application;
5. A blank space for the individual solicitor to print
or type his /her name prior to soliciting contributions;
6. A statement that the permit does not authorize the
conduct of any event or activity prohibited by law, and a
statement that the permit does not constitute an endorsement by
the City or by any of its departments, officers, or employees of
the purpose or person conducting the solicitation; and
7. The signature of the City Manager and the signature of
• the permit holder.
B. The permit shall be valid for the time stated in the
permit application, but in no case shall the time exceed a period
of one (1) year from the date of the issuance of the permit.
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Section 5.41.045 Non - transferability of Permit.
No permit issued under this Chapter shall be transferred or
assigned, and any attempted assignment or transfer shall be void.
Section 5.41.050 Waiver of Requirements in Extraordinary
Emergency.
The City Manager may waive the requirements of this Chapter in
whole or in part when he /she determines that such waiver is
necessary in order that the permit holder applying for a permit
may meet an emergency or public calamity requiring solicitation of
immediate aid.
This ordinance was introduced at a regular meeting of the City
Council of the City of Newport beach held on the 24th day of
October ___, 198 8 _, and adopted on the __14th day
of November , 198 8 , by the following vote, to -wit:
AYES, COUNCILMEMBERS TURNER, PLUMMER,
HART, COX, STRAUSS, SANSONE, MAURER
NOES, COUNCILMEMBERS NONE
ABSENT
P
ILMEMBERS
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