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HomeMy WebLinkAbout1171 - Charitable & Religious Solicitations• THS :mec 7/21/66 s ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY OF NEWPORT BEACH. ADDING CHAPTER 5.41 TO TITLE 5 OF THE NEWPORT BEACH .MUNICIPAL CODE RELATING TO THE REGULATION OF `:CHARITABLE AND RELIGIOUS SOLICITATIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.41 is added to Title 5 of the New- port Beach Municipal Code to read: "Chapter 5.41 REGULATION OF CHARITABLE AND RELIUTOUS SOLICIT.AT.ONS Sections. 5.41.010 Definitions. 5.41.020 Charitable Solicitations Permit -- Exemptions. 5.41.030 Application for Charitable Solicitations Permit, 5.41.040 Permit Fee, 5.41.050 Investigation. 5.!1100 Standards to be Appli =? in Granting or Denying Applications for Charitable Solici- tation Permits. 5.41.070 Appeals from Action of Cit .,; Manages., 5.41.080 Charitable Solicitations Permit -- Form. 5.41.090 Permit Nontransferable. 5.41.100 Agents' and Solicitors' Credentials. 5.41.1.10 Unlawful to Solicit Without a Permit, 5.41,120 Cash Receptacles -- Identification. 5.41.130 Written Receipts Required, 5.41.140 Hours of Solicitation in Residential.. Areas. 5.41,150 Solicitation by Children. 5.41.160 Suspension and Revocation of Permits. 5.41.170 Book:; and Records of Permit Holders. 5.41.1.80 Report Required from Permit Holder. fi5.41.190 Use of Fictitious Name -- Fraudulent Mis- representation and Misstatements Prohibited. 5.4L200 Waiver of Requirements in Extraordinary Emergency. 5.41.210 Religious Solicitations -- Registration and Certificate Required. 5.41.220 Religious Solicitation Certificate of Regis- tration -- Contents -­ Credentials for Solic- itors. -- Exemptions. 5,41 ,230 Religious Solicitation -- Hourly Restriction. 5.41,240 Religious Solicitations -- Inves'tigation of Affairs of Person Soliciting for Religious Purposes. 5.41.010 Definitions. As used in this chapter the fol- lowing terms shall have the meanings indicated:, SOLICIT or SOLICITATION. The term 'sol.i.cit' or 'solici- tation' shall mean the request directly or indirectly of money., credit, property, including discarded household fur- pledges of donations, on the representation that such money, credit, property or thing of value will be used for a char- itable or religious purpose as those purposes are defined in this chapter, or to sell or offer for sale or to ex:xibit any thing or object whatever to raise money; onto secure or attempt to secure money or donations or other property by promoting any bazaar, sale, dance, card party, supper or entertainment, whether any of such acts occurs on the streets, in any office or public building, by house- to- hos_use canvass, or in any public or private place, by pereonal solicitation. Solicitations conducted b% mail, by telephone„ by radio or television, or upon bona fide invitation of the'person solic- • ited shall be exempt from the provisions ;of this chapter. A 'solicitation' as defined herein shall be deemed com- pleted -when !Wade, whether or not the person making the same receives a---iy contribution or makes any sale referred to in this section. CHARITABLE. The term 'charitable' shall mean and include the words patriotic, philanthropic, scientific research, social service, welfare, benevolent;, educational, civic or fraternal, either actual or purported. RELIGIOUS and RELIGION., The ter:rs 'religious' and 're- ligion' as used herein shall. not mear and include the word 'charitable' as herein defined, bud shall be given their commonly accepted definitions. CONTRIBUTIONS. The term 'contributions' shall mean and • include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. . ....._...._ ._ ...... .. -. _ .. _ .. . 2.. nishings . newspapers, magazines, cast-of f matar.ials, or financial assistance of any kind., -includin& donations or pledges of donations, on the representation that such money, credit, property or thing of value will be used for a char- itable or religious purpose as those purposes are defined in this chapter, or to sell or offer for sale or to ex:xibit any thing or object whatever to raise money; onto secure or attempt to secure money or donations or other property by promoting any bazaar, sale, dance, card party, supper or entertainment, whether any of such acts occurs on the streets, in any office or public building, by house- to- hos_use canvass, or in any public or private place, by pereonal solicitation. Solicitations conducted b% mail, by telephone„ by radio or television, or upon bona fide invitation of the'person solic- • ited shall be exempt from the provisions ;of this chapter. A 'solicitation' as defined herein shall be deemed com- pleted -when !Wade, whether or not the person making the same receives a---iy contribution or makes any sale referred to in this section. CHARITABLE. The term 'charitable' shall mean and include the words patriotic, philanthropic, scientific research, social service, welfare, benevolent;, educational, civic or fraternal, either actual or purported. RELIGIOUS and RELIGION., The ter:rs 'religious' and 're- ligion' as used herein shall. not mear and include the word 'charitable' as herein defined, bud shall be given their commonly accepted definitions. CONTRIBUTIONS. The term 'contributions' shall mean and • include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. . ....._...._ ._ ...... .. -. _ .. _ .. . 2.. PERSON. The term 'person' shall mean any individual, firm, copartner8hip, Corrorat on, company, associstion, or joint stock tssocia *_ion, r_hcarcb., religiou sect, religious • denomi a *.ioi1, ^^ w.Ft , or ar.izat?.nn or 'eat ,.ac, and includes any trust-_e, roc ei':T?r, a3^iL -1ee0 a`ent, ^_r other simi -lar representntive thereof. PROMOTER. T` e term 'promoter' c?za.11. mean any person who promotes.. man. s, Pute_'vises, or- an4."l.. -2s, or .attempts to promote, manage, supervise., or oruanir,z c- cacmaaigr. of solicitation. PROFESSIONAL SOLICITOR. The term 'professional solic- itor' shall mean any person other than a rr,moter who is er.:ploye.-', or rota' ,ne-4 for C S: ^c ?7,'s: >af:l n "r, to - 11l:"n solicitations ,or charity or who directs or. per.r_:�es .o *H.er persons who are engaged in mak _.:ig sc.l.ic-_�tati.ons :C r r.!oarity. 5.41.020 chnr.ita`la Svl.i..: ^..tr ^:t^ P<<rmit -- Exemptions.. No person as defined in Section . " AlO of this chapter. • shall solicit contributions for anv charitable p.zr.;.ose within the City without first obtaining a permit as re- quired by this chapter; provided, however, that the pro - visions of this chapter shall not a :'.)ply to rny established Person orga- ,-AzAa. ar...d. opA:-ated e-rcluG^,'.val..y tor rel.ig:_ous or charitable putposa:. and not eperate.el for tbe. pecuniary profit_ of a:ny pnrsoa, if the �;oliri.t<,.tl ons ',_, such estab- lished person are conducted among the me -mbers thereof by other members or officers thereof, .,e1.u:1tar .l.Y and without remuneratz.on far making such solicl.tationc7i, or if the solic- itat?.ons are ir,. the form of collections r,r co^.t-ri.butions at the regular assemblies or &cxviceo of sue':!. estal.i.'.she:l person. 5.41.030 Application for Charitable Solici..tations Permit. An application for a permit to solicit for any char- itable purpose shall be made to the City Manager upon forms • supplied by the City. Such application shall be verified and filed with the License Division at least thirty (30) days 3. J 0 prior to the time at which the permit applied for is requested to become effective; provided, however, that the City Manager may for good cause shown allow the filing of an application less than thirty (30) days prior to the requested effective date of the permit applied for. The application herein re- quired shall contain the following information, or in lieu thereof a detailed statement of the reason or reasons why such information cannot be furnished: (a) The name, and address or headquarters, of the person applying for the permit. (b) If applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solic- itation, certified to as a true and correct copy of the original by the officer having charge of applicant's records. (c) The purpose for which the solicitation. is to be made, the total amount of funds proposed to be raised in New- port Beach, and the use or disposition to be, made of any receipts therefrom. (d) A specific statement supporte,i by reasons and, if available, figures showing the need for the contributions to be solicited. (e) The names and addresses of the parson or persons by whom the receipts of such solicitations shall be disbursed, (f) The names and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names and addresses of all promoters and paid fund raisers or professional solicitors connected or to be con- nected with the proposed solicitation. (g) A general outline of the method or methods to be used in conducting the solicitation. 4. • • 0 (h) The time when such solicitations shall be made, giving the dates for the beginning and ending of such solicitations. (i) An itemization of the estimated cost of the solicitation. (j) The amount of any wages, fees, commissions, ex- penses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons. (k) A financial statement for the last preceding fiscal year indicating any funds collected in this City or elsewhere for charitable purposes by the applicant, giving the amount of money so raised, the cost of raising it, and the final distribution thereof. In addition, if the appli- cant conducted a solicitation in this City at any time during the preceding twelve (12) months, a separate finan- cial statement of any funds collected thereby shall be sub- mitted, containing information showing the amount of money so raised, the cost of raising it, and the final distribution thereof. (1) A statement that the solicitation will be so con- ducted as to reasonably guarantee that any minors acting as solicitors will be adequately supervised by responsible adults, together with an explanation of how this shall be accomplished. (m) A statement that not less than 75% of the total amount of money or property collected will be devoted to charitable purposes or, if it is expected that less than 75% of the total amount of the money or property to be collected will be devoted to charitable purposes, a state- ment indicating what percentage of such money or property to be collected will be devoted to charitable purposes, to- gether with an explanation of any special facts showing 5. that said lesser percentage is reasonable in the particular case. (n) A statement to the effect that if a permit is • granted it will not be :ised or represented in any way as an endorsement by the City or any officer or department thereof. (o) Such other information as may reasonably be re- quired by the City Manager, 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 thereof within twenty -four (24) hours after such change, 5,41.000 Permit pee, At the time of filing an appli- cation for a permit, a fee of Ten Dollars (,$10.00) shall be paid to partially cover the cost of investigating and pro- 40 cessing the application and issuing the permit. 5.41,050 Investioationo The City Manager, or his desig- nated representative, shall. examine all applications filed pursuant to this chapter and shall cause such. further investi- gation, to be made of the application and the applicant as the City Manager may deem necessary to perform his duties under this chanter. The applicant and any professional solicitors to be employed in connection with the proposed solicitation shall be fingerprinted by the Neu-port Beach Police Department unless this requirement is waived by the City Manager. Upon request by the City Manager, the applicant shall. make avail- able for inspection by the City Manager, or any person desig- nated in writing by the City Manager as his representative for that purpose, all of the applicant's books, records and • papers relevant to the application at any reasonable time before the application is granted; during the time a permit is in effect, or within one year after a permit has expired. 5.41.060 Standards to be_Lpplied in Granting or Denying Applications for Charitable Solicitation Permits. The City Manager shall issue the permit provided for in Section 5.41.020 hereof whenever he shall find the following facts to exist: (a) All. of the statements made in the application are true. (b) The applicant has a good character and reputation for honesty and integrity. (c) The control and supervision of the solicitation will be under responsible and reliable persons. (d) The applicant has not engaged in any fraudulent transaction or enterprise. (e) The solicitation will not be a fraud on the public. (f) The solicitation is prompced solely by a desire to • finance the charitable cause described in the application, and is not to be conducted primarily, for private profit. (g,) The total amount of funds or property to be devoted to charitable ;purposes will be reasonable. If it appears that less than 75% of the cyross aric-tint collected within the City will be devoted to charit_al,le purposes, it shall be con- sidered to be unreasonable unless special facts are presented showing that such lesser percentage is reasonable in the particular case. (h) That if the applicant has collected or intends to collect funds or property in other cities or derives revenue from other sources, the applicant's total overhead and admin- istrative costs are not excessive. Any such costs in excess of 25% of the gross amount of money and /or property collected • by the applicant in any fiscal year shall be considered to 7. be unreasonable unless special facts are presented showing that such higher costs are reasonable in the particular case. 5.41.070 Appeals from Action of City-Manager. I£ an applicant is aggrieved by any action cr fail;.-e to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such .applicant may appeal to t_he.City Counc 4.1 by filing with the City Cleriz a statement addressed to the C°.ty Col.mcil setting forth the facts and circumst_ancee rega.re. -.gin:- the ac *_ion or failure to act on the part of the City Manager. The City Clerk shall notify the A7p1:_cant ?rx wY- J_t.'_n^ of the time and Dlacc set foL hearinL `:is appeal. The City Council at its next regular mecti.-S held not less than five (5) days from the dote on which such appeal shall have been filed with the City Clerk shall hear the applicant, the City Manager, end all relevant evidence and shall determine the merits of the appeal. In maki. -ag its determination with rsspect to the • granting or denial of such permits, the City Council shall be guided by the standards set forth in Section 5.41.060. The action of the City Council thereon shall be final. The right to appeal. to the City Council from the denial or re.vocat _cn � f any permit reauirr.d by thi chapter shall t_errinat...e upon the expirat -.on of fi.ft.e:3n (1S) days following the deposit of a registered letter in the United States Post Office advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. 5.41.080 Charitable Solicitations Permit m- Form. Permits issued under this chapter shall bear the name and address of the Berson by whom the solicitation is to be made, • the number of the permit, the date issued, the dates within which the permit holder may solicit, a statement that the 8. 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 empla;ees of the purpose or of the person conducting,the solicitation. All permits must be signed by the City Manager or his authorized representative and by the permit holder, or such holder's chief executive officer. The City Manager may by permit_ grant the right to solicit on one or more single, nonconsecutive days in any calendar year, and may grant the right to solicit for any number of consecutive clays not to exceed one year from the date of the permit. Upon the expiration of any permit, and if req•te�tsed :-.-t writing so to do, tIc City Manager may renew the permit if he is satisfied teat the requirements of this chapter are still being met .rynd that no violation of this charter has been co=zmitted. A new application shah be required unless waived by the City Manager.. 5.41.090 Permit: Nontransferable.. Any Permit issued pursuant to this chapter shell not be +:rinsfe'rable or assignable. 5.41.100 A,-nnts° .snd Solicitors' Credentials. All persons to whom permite Y.at•e beer issued pursuant to this chapter shall furnish credentials to their solicitors for such solicitation. Such credentials shall. include the name of the permit holder., the date, a statement describing said holder's charitable activity, a description of the purpose of the solicitation, the signature of the permit holder or of one of the holder's executive officers, the name, address, • age, sex and signature of the person to whom the credential is issued., and the specific period of time during which the solicitation is authorized, 9. 10. A copy of such credentials must be filed with the City Manager at the time the application for a permit is filed and must be approved by him as conforming to the require- • ments of this section. The City Manager ma., require such additional information to be endorsed on said credentials as shall in his opinion be of assistance to the public in determining the nature and worthiness of the charity for which the solicitation is to be made. Said credenrials must be shown to all persons solicite-i and.l. onon regLe t., to any police officer of the City. 5.41.110' Unlawful. to Solic -it Without a Permit. No agent or solicitor shall solicit contributions for any charitable purpose for an y the City of Newport Belch unless such. person has been grent:ed a permit pursuant to this chapter. 5.41.120 Cash Receptacles -- Identification. Each cash receptacle to be used to collect fi:.nds for any chari.- ta'„le purpose shall be of a tyre; approvedl by the City Ma.na:,er and shall be plainly marked with ,s decal showing the permit number, the dates 111iring whico tha scl.ici_-.ation has been approved, and E7tph additional information as may be. required by the Citv Manager. Suc?a dccal.s shall '_ e provido' by the City. 5.41.130 Written -.K eipts Required. Any perann- ro- ceiving money or anything having a value of Two Dollars ($2.00) or mcre from any contributor under a solicitation :nad.e pur- suant to a permit granted pursuant to this chapter shall give to the contributor a 4ritt_en receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the. • amount received; provided, however, that this section shall not apply to any contribution collected by means of a closed 10. _11, box or receptacle used in solicitation with the approval of the City Manager where it is impractical to determine the amount of such contribution. 5.41.140 Hours of Solicitation in Residential Areas. No person shall solicit contributions for any charitable purpose in any residential area of the City at a time other than between ten a.m. and nine p.m. on any day except Sunday and at any time except between the hours of twelve noon and nine p.m. on Sundays. 5.41.150 Solicitation by Children. No person under the age of sixteen (16) years shall, and no person shall allow, permit, direct or encourage any .person under the age of sixteen (16) years to, go from house to house or from place to place within the City for the purpose of soliciting charitable contributions after sunset. 5.41.160 Suspension and Revocation of Permits. If at any time it shall come to the attention of the City Manager, • or if the City Manager has reason to believe, that any person to whom a permit has been issued pursuant to this chapter has violated any of the provisions of this chapter or any term or condition of the permit, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the City Manager shall. immediately sus- pend the permit and give the permit holder written notice of this action by registered, special delivery mail or by per- sonal service. The notice shall contain a statement of the facts upon which the City Manager has acted in suspending the permit and shall advise the permit holder of the date and time of a hearing to be held within three (3) days of such suspension to determine whether the permit should be revoked. • At the hearing, the permit holder and any other inter- ested person shall have the right to present evidence as to _11, upon the books or records of such person's treasurer or other financial officer. 5.41.180 Report Required from Permit Holder. All persons issued permits pursuant to this chapter shall.fur.- ni,:sh to the City M4.nager within sixty (60) days rafter the solicitation has been corlpleted a report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for pub- lic inspection at the City Clerk's office at any reasonable time. The permit holder shall make available to the City 12. why the permit should not be revoked and any other facts which may aid the City Manager in determining whether there has been a violation of this chapter or any term or condi- tion of the permit. If, after such hearing, the City Manager finds that this chapter or any term or condition of the permit has been violated, or that any promoter, agent or solicitor has misrepresented the purpose of the solicitation, he shall revoke the permit. If he does not so find, the City Manager shall cancel the suspension and reinstate the permit. No person shall solicit or encourage solicitation by others for any charitable purpose after notice that a, per- mit previously issued to such person for said charitable purpose has been suspended or revoked. 5.41.170 Books and Records of Permit Holders. No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting *.whereby all contributions to it and all disbursements are entered upon the books or records of such person's treasurer or other financial officer. 5.41.180 Report Required from Permit Holder. All persons issued permits pursuant to this chapter shall.fur.- ni,:sh to the City M4.nager within sixty (60) days rafter the solicitation has been corlpleted a report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for pub- lic inspection at the City Clerk's office at any reasonable time. The permit holder shall make available to the City 12. Manager, or to any person designated in writing by the City Manager as his representative for such purpose, all books, records and papers whereby the accuracy of the report • required by this section may '-)c checked. 5.41.19-0 Use of Fictiti ^us Name -- Fraudulent Misrep- resentation, and Misstatements Prohibited. No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occ u-nti_on.,; financial con - dition, Social cenaitiori, rer,i.dennn. or a", other material fact, and no person shall make or perpetuate any other mis- statement, deception or fraud in connection with any S014 - tation of any contribution for any purpose in the City in any application or report: filed pursuant to this chapter. `.4.. ?..2010 Wa. ?_ver of Requ.iremants in Extraordinary Emer- ency. The City Manager may waive the requirements of this chapter ir. whole or in part when lie determines that such waiver iS necessary in order that the c'nar.i..table asscc:iat_i.on • applying therefor may meet an ei.tracrdinary emergency or great public calamity requiring immediate aid. 5.41.210 Relif;ious Solicitations -- Registration and Certificate Required. No person shall ,, -3licit cone- 71.1-)nt.ions for any relitious purpose within the City without a certifi- cate frog. the City Manager. A.ppiicati.ou for a certificate shall be made to the City Manager upon forma provided by the City. Sucl: application shall be verified and shall con- tain the following information: (a) The name and address or headquairtera of the person applying for the permit. (b) If the applicant is not an individual, the names and addresses of the applicant's principal officers and • managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant's records. 13. 0 0 (c) The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any re- ceipts therefrom. (d) A specific statement supported by reasons and, if available, figures showing the need for the contributions to be solicited. (e) The name and address of the person or persons by whom the receipts of such solicitat-_ons shall be disbursed. (f) The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation. (g) An outline of the method or methods to be used in conducting the solicitation. (h) The time when such solicitation shall be .Wade, giving the dates for the beginning and ending of such solici- tation. (i) The estimated cost of the solicitation. (j) The amount of any wages, fees, commissions, ex- penses or emoluments to be expended or paid to any person in connection with such solicitation, and the names and ad- dresses of all such persons. (k) A financial statement for the last preceding fiscal year of any funds collected for religious purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof. (1) A full statement of the character and extent of the religious work being done by the applicant within the city. (m) A statement to the effect that'if a certificate is granted it will not be used or represented in any way as 14. an endorsement by the City or by any department or officer thereof. for a period of six (5) months after the :!..ssiiance thereof, and shall be renewed upon the expiration of this period upon the f-ling of a application as previd.ec; for in this section. Certificat_s of registration shall hear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does riot constitute an en- dorsement by the City or by any of its ricnartmerts or officers of the purpose or the pereon conducting the solic- itation. All persons to whom certificates of registration • have been issued shall furnish credential-- to their agents and solicitors. Such credentials shall state the name, 15. (n) Such other information as the City Manager may deem necessary in order for him to determine the kind and character of the proposed solicitation. The applicant and any solicitors receiving compensation for their services shall be fingerprinted by the Newport Beach Police Department unless this requirement is waived by the City Manager. If, while any application is pending or during the term of any certificate 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 thereof within twenty- fou: :: (24) hours after such change. 5,41.220 Religious Solicitation Certificate. of Regis- tration -- Contents -- Credentials for Solicitors -• F.acem - tions. Upon receipt of such applica.ti.or., the City Manager shall forthwith issue the applicant a certificate of regis- tration. The certificate shall remain in force any effect for a period of six (5) months after the :!..ssiiance thereof, and shall be renewed upon the expiration of this period upon the f-ling of a application as previd.ec; for in this section. Certificat_s of registration shall hear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued, and a statement that the certificate does riot constitute an en- dorsement by the City or by any of its ricnartmerts or officers of the purpose or the pereon conducting the solic- itation. All persons to whom certificates of registration • have been issued shall furnish credential-- to their agents and solicitors. Such credentials shall state the name, 15. address, age and sex of, and shall he sigried by, the agent or solicitor to whom such credentials are issued. The cre- dentials shall also indicate the specific period of time • during which said agent or solicitor to solicit on behalf of the permit holder. No person shall solicit for any religious cause without having such ..redenti.als in his possession, ane such person shall present these credentials to any person solicited or to any police c£fi.cer cr official of the City., provided, however, that thr: ?z:cvisions of this section shall not apply to any established person_ organized and operated exclusively for religious purposes and not oper- ated for the pecuniary profit of any person if the sali_cita- tions b,T such established person are conducted among the members thereof by other members or office_•s thereof, volun- tarily and. rear, r.e:ration for ;a? °.i_ .g s:.ch. solicita- tions, or if t'_-,e solicitaticnc are 4n the farm of collections or COntSl.'.ti.C',..R at the regular E.ssembl.ies or S"ervice'., of any such establi.she9. aersos . 5.41.230 RelIZ:1.ous 3olicitat €.on -- Hoorl;* Restriction. No person sli.all sol _cit. ccntri'buti.r"ns for any religious purpose i_n anv res.id_ -^.ti l area of the City at a ? . "_:,:= ,;ther than between ten a.^., ane nine p. *;t. on any day except S° Inlay and ar..a o rime Except I etwcen tho '".n,irs of twelve coon and. nine p.m. on S,._. _ayF . 5.41.240 Re'_i-i.ous Solicitations -- Investigation of Affairs of Person Solicit °_n& for Religiou.s P +. rp ses. The City Manager is authorized to investigate the affairs of any person soliciting for religious purp*ses udder a cer- tificate issaec under Sec1-.:6cri 5.41.2 ^^ a.?.:i to ma ke pu': >.ic his written findings of any of said persons. Said persons shall mace available to the City Manager, or to any repre- sentative designated by the City Manager in writing for such specific purpose, all books, records, or other informa- tion reasonably necessary to enable the City Manager to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of opera- tion of such persons; provided that five (5) days before the public release of any findings under this section the City Manager must first serve a copy of said findings upon the person investigated, and at the time of the release of his findings he must release a copy of any written statement said person may file with the City Manager in explanation, denial, or con£irmati.oa of said findings." SECTION 2. This ordinance shall. be published once in the official newspaper of th. City, and the same shall be effel -- tive 30 days after the data of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held nn the 25th day of July 19W and was adopted or, the 8th day of • August 1355, by the fcilowi.ng vote, to wi`t: AYES, COUNCILMEN° Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: _ None ABSENT COUNCILMEN.° None ATTEST: Acting City Clerk 17. Mayor