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HomeMy WebLinkAboutOrdinance No. 2290 ORDINANCE NO. 2290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REPEALING SECTIONS 5. 20.070 AND 5. 20 . 075, AND CHAPTER 5. 21 OF THE AZUSA MUNICIPAL CODE, AND AMENDING CHAPTER 5.16 RELATING TO CHARITABLE, RELIGIOUS AND COMMERCIAL SOLICITATIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 5. 20 . 070 and 5. 20 . 075, and Chapter 5. 21 of the Azusa Municipal Code are hereby repealed. SECTION 2. Title 5 of the Azusa Municipal Code is hereby amended by adding Chapter 5 .16, consisting of Sec- tions 5.16.010 through 5 . 16.140, inclusive, to read as fol- lows: CHAPTER 5 .16 RELIGIOUS, CHARITABLE AND COMMERCIAL SOLICITATIONS Sections: 5.16. 010 Definitions 5.16. 020 License Tax-Medicine Peddlers 5 .16 .030 License Tax-Commercial Solicitors 5. 16 . 040 Permits Required for Solicitations 5. 16 . 050 Applications for Permits 5. 16. 060 Issuance and Form of Permits 5 . 16. 070 Term of Permits 5 . 16 .080 Renewal of Permits 5. 16.090 Nontransferability of Permits 5. 16. 100 Revocation of Permits 5. 16. 110 Appeals 5 .16 .120 Manner of Solicitations 5 . 16. 130 Commercial Solicitation Receipts 5. 16. 140 Door-to-Door Solicitations of Residences 5.16 . 150 Purposes PMT/ORD1598 5.16.010 Definitions A. "Charitable purpose" shall mean benevolent, civic, educational, patriotic, political, philanthropic religious or other similar purposes. B. "City Administrator" shall mean and include the person exercising that function or any City employee designated by the City Administrator to perform such functions hereunder . C. "Charitable solicitation" or "Religious Solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance, or other things of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value, or any portion thereof , will be used for a charitable or religious purpose, as those purposes are defined in this section, conducted door-to- door , in any place of public accommodation, in any place of business open to the public generally, on the City streets and sidewalks, in the public parks, or in any public place. "Solicit" and "solicitation" shall also mean and include, but are not limited to, the following methods of securing such money, credit, property, financial assistance, or other thing of value, when conducted in the manner set forth in this subsection: 1. Any oral or written request; 2 . The local distribution, circulation, post- ing, or publishing of any handbill, written adver- tisement, or other local publication; 3. The sale of any goods or services; and 4. The sale of any ticket or right to admis- sion to any amusement, show, entertainment, lecture, or other enterprise, where such solicita- tion is made to persons other than the bona fide members of the organization or institution causing the solicitation of, for , or on whose behalf the solicitation is made, and where it is represented or made to appear that such solicitation, or any part of the proceeds thereform, shall be used for charitable or religions purposes. D. "Commercial solicitation" shall mean the: 1) Selling, peddling or hawking or, or , the soliciting, canvas- sing or taking orders for, goods, wares, newspapers, maga- zines, books, merchandise, services, or any other items or exchanges of value; 2) Conducting a survey or poll; 3) Distribution of advertising material or samples where the person distributing the material or samples enters the prop- erty of another or makes or attempts to make contact or discuss the material or samples with the person to receive it. Commercial solicitation as defined herein does not include solicitations by telephone, solicitations through the United States mail, nor solicitations or sales by com- mercial travelers or selling agents selling their goods wholesale to dealers by sample for future delivery. -2- PMT/ORD1598 E. "Contribution" shall mean and include the words alm, food, clothing, money, property, subscription, or pledge and also donations under the guise of loans of money or property. F. "Religious" or "religion" shall have the mean- ing established by the Supreme Court of the State or the Supreme Court of the United States. G. "Permit holder" shall mean the person who has applied for a permit which has been granted and the organi- zation or group on whose behalf solicitations will be made. H. "Person" shall mean any individual, firm, part- nership, corporation, company, association, society, organi- zation, church, congregation, assembly, or league, and shall include any trustee, receiver , assignee, agent, or other similar representative thereof. I . "Solicitation" shall be as defined in subsec- tions C and D of this section and shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section. J. "Solicitor" shall mean a person who solicits or who engages in a solicitation as defined in this section. 5 .16 .020 Exemptions The provisions of this Chapter shall not apply to solicitations through the United States mail or to charit- able or religious solicitations which are conducted among the members of the soliciting group by other members, whether at regular assemblies or services or otherwise. 5. 16. 030 License Tax-Commercial Solicitors Every person engaged in commercial solicitations shall pay a license tax in the amount set by resolution of the City Council . 5.16 .040 Permits Required for Solicitations A. No person shall directly or indirectly engage in commercial solicitations without having a permit issued pursuant to the provisions of this Chapter . B. No person shall directly or indirectly solicit contributions door-to-door in any residential areas for any charitable or religious purpose unless such person and/or organization on whose behalf the solicitation will be made has a valid permit issued pursuant to the provisions of this Chapter . 5.16 .050 Applications for Permits A. Applications for commercial solicitation permits and charitable/religious solicitation permits shall be made to the Business License Officer upon forms pre- scribed by the City. The application shall be declared to under penalty of perjury and filed with the Business License Officer not less than ten ( 10) days prior to the time at -3- PMT/ORD1598 which the permit applied for shall become effective; pro- vided, however, the Business License Officer, for good cause shown, may allow such filing less than ten ( 10) days prior to the effective date of the permit applied for . An appli- cation fee for commercial and/or charitable solicitation permits may be required in an amount to be set by Resolution of the City Council, based solely upon the administrative costs in processing the application and issuing the permits. B. Such applications shall contain the following information and documentation: 1. The full name, address, telephone number, date of birth and physical description of the per- son applying for the permit; 2 . If the applicant will be engaged in solic- itations on behalf of a person, corporation, company or any other organization, the name, street address and telephone number of such person or entity and the name, street address and telephone number of the person supervising the applicant. 3. A statement that the applicant has not been convicted of any of the crimes specified in Section 5 . 16.140 . 4. A statement that the applicant has read and is aware of the provisions of state law relating to home solicitation contracts; 5. A statement that the applicant has received and read a copy of this Chapter; 6. A short outline of the method or methods to be used in conducting the solicitation; 7 . A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City or any de- partment or officer thereof. 8. For charitable/religious solicitation permits in addition to the above: a. A statement of the purposes for which the solicitations are being made; b. A true current and complete copy of the determination letter from both the United States Internal Revenue Service and the Cali- fornia State Franchise Tax Board declaring that the organization or nonprofit corporation on whose behalf solicitations are being made is exempt from Federal and State income taxes. c. If the permit is sought on behalf of a group, the names and addresses of all persons who will be soliciting on behalf of the group and a statement that to the best of the applicant ' s knowledge none have been convicted of any of the crimes specified in Section 5. 16 .140. -4- PMT/ORD1598 C. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the Business License Officer in writing thereof within 24 hours after such change. D. The application documents shall be available for public inspection except for the names and addresses of solicitors sixteen years of age and under which shall be received in confidence and shall remain confidential in order to protect them. 5.16 . 060 Issuance and Form of Permits A. The Business License Officer shall issue the permit, unless he or she finds that: 1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application within ten ( 10) business days after being requested to do so; 2 . The applicant has not provided the infor- mation required by this Chapter and fails to pro- vide the missing information within ten ( 10) busi- ness days after being requested to do so; or 3 . The application indicates that the pro- posed solicitation will violate any of the require- ments of Section 5. 16. 120 and the applicant fails to amend the application to indicate compliance with said section after being requested to do so. 4. An applicant for a charitable/religious solicitation permit would be soliciting for an organization or entity which is not exempt from payment of Federal and State income taxes. B. Nothing set forth in this Chapter shall be construed as granting to the Business License Officer or any other person the authority to grant, deny, suspend, revoke or renew by permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor , or for any other reason not specifically provided for in this section. C. The Business License Officer shall either issue or deny the requested permit within ten ( 10) business days after the date the application is made or receipt of whatever additional information may have been requested from applicant. In the event of denial, the Business License Officer shall give the applicant a written notice which states with specificity the reasons therefor . In the event the Business License Officer fails to act within the time prescribed, the permit shall be deemed issued to the extent the applicant complies with the provisions of this Chapter . D. The permit, if issued, shall include the fol- lowing information: -5- PMT/ORD1598 1. The name of the permit holder and the person or entity on whose behalf the solicitations will be made; 2 . The dates the permit is valid; 3. A statement that the permit does not con- stitute an endorsement by the City, or any of its departments, officers, or employees, of the purpose of the solicitation; and 4. A permit number. E. Any action of the Business License Officer may be appealed as set forth in Section 5.16 . 110 . 5. 16 .070 Term of Permits Permits issued under this Chapter shall be valid for a period of six ( 6) months, unless revoked, suspended or renewed pursuant to the provisions of this Chapter . 5. 16 . 080 Renewal of Permits On or before the expiration of any permit, and if requested in writing to do so, the Business License Officer shall renew the Permit within ten (10) days after such re- quest if the factual information upon which the original application was granted remains unchanged. On such request for renewal, the applicant shall state that no change has occurred since the issuance of the original permit. 5.16.090 Nontransferability of Permits No permit issued under this Chapter shall be trans- ferred or assigned, and any attempt at assignment or trans- fer shall be void. 5.16 .100 Revocation of Permits - Hearing Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this Chapter, the City Administrator may suspend the permit after giving written notice to the permit holder , of not less than two ( 2) business days following delivery, in person or by registered special delivery United States mail, postage prepaid and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reasons therefor . The permit holder may file with the City Administrator within ten ( 10) business days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the City Administrator or his designee has rendered his decision, except in instances where said suspension is necessary to immediately protect the public safety. The City Administrator or his designee shall hold a hearing within ten ( 10) business days after the filing of such request. At the hearing, the City Administrator or his designee shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and may -6- PMT/ORD1598 dismiss the allegations, suspend the permit for up to six (6) months, condition the permit or revoke it as deemed appropriate. He shall render a decision thereon within one (1) business day after the hearing. Said decision shall be communicated in writing to the permit holder within one (1) business day thereafter and shall state with specificity the reasons therefor . In the event that the permit holder does not request a hearing within ten ( 10) business days after the delivery of the notice of suspension and proposed revo- cation, the permit shall be revoked and the revocation shall not be appealable. 5. 16 . 110 Appeals A. Any applicant or permit holder aggrieved by any action of the Business License Officer to deny, or refuse to renew a permit may appeal to the City Administrator by fil- ing with the City Administrator a statement setting forth the facts and circumstances regarding the action of the Business License Officer . Such appeal shall be filed within ten ( 10 ) business days after the disputed action of the Business License Officer, and the City Administrator shall hear the appeal within five ( 5) business days after filing. Such appeal shall not stay the action of the Business License Officer . At the time of the appeal hearing, the City Administrator shall hear all the relevant evidence and shall determine the merits of the appeal, and may deny, conditionally approve or approve the permit. He shall render a decision thereon within three ( 3) business days after the hearing. Said decision shall be communicated in writing to the appellant within one (1) day thereafter and shall state with specificity the reasons therefor . B. Any applicant or permit holder aggrieved by any action of the City Administrator pursuant to Sections 5.16.100 or 5. 16 .110 .A. may appeal such action to the City Council by filing with the City Clerk a statement addressed to the Council setting forth the facts and circumstances regarding the action of the City Administrator . Such appeal shall be filed within ten ( 10) business days after the disputed action of the City Administrator , and the Council shall hear the appeal at its next regular meeting. The filing of such an appeal with the City Council shall not stay the action of the City Administrator . At the time of the appeal hearing, the Council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render a decision thereon within three ( 3) business days after the hearing. Said decision shall be communicated in writing to the appellant within one (1) day thereafter and shall state with specificity the reasons therefor . The action of the Council shall be final and appealable to the Superior Court of the State pursuant to Section 1094. 5 of the Code of Civil Procedure of the State. Such an action in the Superior Court shall be filed within ninety ( 90) days following the Council ' s action pursuant to Code of Civil Procedure Section 1094.6 . 5. 21 . 110 Manner of Solicitation A. Commerical solicitations shall not be conducted by any person under the age of sixteen ( 16) years, unless in compliance with all laws of the State of California. -7- PMT/ORD1598 B. Solicitations shall not be made at any house, apartment, or other dwelling unit, nor at any business to which is affixed a sign clearly indicating "No Solicitors" or similar indication that no solicitation contact is desired by the Occupants thereof. C. No Solicitor shall: 1. Affix any object to the person of any member of the public without first receiving express permission therefor ; 2. Persistently and importunely engage in commercial solicitation with the person being solicited after he or she has indicated that he or she is not interested in the solicitation. 3. Intentionally and deliberately instruct the free movement of any person or any street, sidewalk, or other public place or any place open to the public generally. 4. Engage in commercial solicitations in violation of the specific provisions of Chapter 8.48 relating to street and sidewalk sales. D. A valid reproduction of the permit issued pur- suant to this Chapter shall be shown to the person to whom a charitable or commercial solicitation is made. 5.16. 130 Commercial Solicitation Receipts Upon request a commercial solicitation permit holder shall issue to the customer a written receipt for the sale or order of any goods, wares, newspapers, magazines, books, merchandise, services, or any other item or exchange of value, which receipt shall be signed by the permit holder and shall plainly indicate his name, the permit number , the date, the items or services purchased and the amount received. 5.16.130 Door-to-Door Solicitation No person shall conduct solicitations at residences if that person has been convicted of any of the following crimes, as defined in the California Penal Code: murder , mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, theft or attempt to commit any of the aforementioned crimes. 5.16.150 Purposes. The City Council of the City of Azusa finds, determines and declares that the adoption of this Chapter is a reasonable and appropriate regulation of the time, place and manner of charitable, religious and commercial solicitations and, recognizing the importance of such activity to the community and its protected status, finds that the regulations of this Chapter are essential in order to: -8- PMT/ORD1598 A. Generally protect the health, safety and welfare of the citizens of Azusa and persons in the community; B. Protect citizens and persons in the community from fraud and deceit by solicitors through registration of solicitors, requiring their review of state consumer protection laws concerning solicitations, and requiring certain minimal information about the persons and groups soliciting; C. Protect the right of privacy of citizens and other persons within the City by enabling them to decide whether to be subject to solicitations and to be free of harrassing and overbearing solicitors; D. Reduce the potential for crime by prohibiting persons convicted of certain crimes involving personal violence or theft from soliciting door-to-door at residences; and E. Provide for a simplified and prompt system for the issuance, denial, renewal and revocation of permits for solicitations and to provide a speedy and complete process of appeal from actions related to the issuance, denial, renewal and revocation of permits for solicitations. APPROVED and ADOPTED this 2nd day of December 1985 . ayor ATTEST: JZ' r Cit er i -9- PMT/ORD1598 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2290 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of November , 1985. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of December ,1985, by the following vote, to wit: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOLr SOLIS, City C erk -10- PMT/ORD1598