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Ordinance No. 136 - Regulating Charitable and Religious SolicitaionsCITY OF ROSEMEAD • ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROSEMEAD REGULATING CHARITABLE AND RELIGIOUS SOLICITATIONS AND ADDING CHAPTER V TO ARTICLE VI OF THE ROSEMEAD MUNICIPAL CODE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1, Chapter V is hereby added to Article VI of the RosemeaMun cipal Code to read as followst 6500. Soliciting. No person without first having applied or and received a permit from the City Administrator as provided in this chapter shall make any appeal., to the public for a charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any sale, bazaar or exhibition or by any other means whatsoever at any place or to any person in the City, 6501, Sellin or Soliciting Tickets.. No person without • first having app ed or an received a permit from t e,City Administrator as prow d'ed in this chapter a . , sell or solicit for or on behalf of any person, firm, association or corporatidn~ by telephone or otherwise, for the sale of any.tlcket or right to admission to any amuseifient, show, entertainmeritj lecture or other enterprise not regularly catried on for private profit or gain by such person, firm, association or corporation at a fixed plat of business in the City, or solicit any contributiop or gift in connection with any such amusement, show, entertainment, lecture or other enterprise where such sale or solicitation is for other than 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, solicita- tion, contribution 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. 6502, A Mcation for Permit. Any person desiring to o any o the acts mentioned in Sections 6500 or 6501 shall file an application with the City Administrator. Said application shall set forth the following information: (1) Name and address the applicant is affiliated other organization than the solicitation is intended. of the applicant. Whether with or working for any one for which this (2) Location of national, state and local headquarters, if any. (3) The names and addresses of all persons dax.rectly interested in or who in any manner will he croaked in the work. (4) The main purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, presenta- tion, amusement-, show, lecture, entertainment or other enterprise or any part thereof, are to be used, ir.cludxng the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds. (5) The total amount which is sought to be raised, (6) The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested. (7) What records of funds received will be kept and where. Where such records will be open to the public. (8) Whether the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity. • (9) Such other information in respect to the character and past and proposed activity of the applicant, and the parties directly interested in or engaged in the work as may be necessary to enable the City Administrator to make a full and complete investigation. 5503. Investigation. The City Administrator, upon receipt of an complying with the requirements of Section 6502 and containing the information required thereby shall conduct such investigation as he may deem necessary. 6504. Permit Grantin or Denying. Should the City ~dair_istrato., a ter a complete investigation of the . applicant and of the representations contained in the application, be of the opinion that the applicant has not stated true facts in his application, or that if arermit- should be granted to the applicant a fraud in all probability would be perpetrated upon the public, the said City Administrator may refuse to issue a permit to such applicant. Should the City Administrator be satisfied that the applicca'_ion is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated upon the public, a permit shall be issued to such applicant for such period of time as the applicant may request. Pro- vided, however, that no permit shall be valid for a period of more than six (6) months from the date of issuance; and provided further that as a condition to granting such permit the City Administrator may require the applicant to file a bond with the City Clerk in the sum of $1,000.00 in a form approved by the City Attorney and conditioned that if the principal thereof shall fail to devote, pay or use the entire proceeds or the percentage thereof specified in the application, derived from the activity mentioned in the application to the person, firm, Mpociation or corporation fs or on whose account or ben Writ such activity was rondu ed or carried on, then the surety will pay the same to such person, firm, association or corporation to the amount of such bond. a~05. Exce lion. No permit shall berequired for the so c tation of gifts, contributions, donations or subscriptions; or the promotion of any bazaar, sale;; or exhibition or other act of appeal to the public for a charity, made by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained headquarters or a place of worship in the City of Rosemead for a period of at least three (3) years next preceding the date on which such activity shall be begun; provided, that the.City Administrator has issued a permit authoiizing the conducting or carrying on of such activity by such organization. Application for such permits shall, be made to the City Administrator and shall be issued by him in accordance with the standards provided in Section 6504. Such permits shall be valid until revoked by the City Administrator. 6:05. Permits. Revocation. Any permit issued may be revoked ifthe-permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of said permittee would operate to defraud.the public. Such revocation may be made by a registered letter signed by the City Clerk at the direction of the City Administrator and directed to the address of the • applicant as stated upon the application pursuant to which the permit was issued. Said permit shall become null and void ,o and after the.third day from the a f h g s l d te a deposited in t e ter whip said etter i Urii.ted States Post Office in the City of Rosemead. C3507. Solicitatto b Ma i1. No permit shall be required a orf any so c non through the United States mail. 6-03. Tele hone Solicitation. No person shall use or cause to a uses a telephone to accomplish any of the acts set forth in Sections 6500 or 6501 unless such person is a bona fide member of an organization in whose name a permit has been issued pursuant to the provisions of this chapter and provided further that such person making such solicitation does not . receive any compensation therefor. 609. Upon the denial of any permit by the City Administrator, the applicant may appeal such decision to the City Council by filing written notice of such appeal within ten (10) days after receipt of written notice of the action of the City Administrator. The matter shall thereafter be set for hearing before the Council within thirty (30) days after receipt of the notice of appeal. The action of the City Council shall be final. Section 2. Section 4160 of Chapter 1 of Article IV oZ the Rosemead Municipal Code is hereby repealed. -3- 0 E PASSED, APPROVED and ADOPTED this day of , 1964. 0 ATTEST: CIT7MIM ~~G6~-~l~G✓-G!'t~ MAYOR OF THE c-OF- .4-