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(1) Definitions. For purposes of this section:

“Charitable purpose” shall mean and include any patriotic, political, philanthropic, welfare, benevolent, educational, religious, cultural, civic or fraternal purpose or function, or any other purpose or function exempt from taxation pursuant to Article I of Chapter 4 of the California Revenue and Taxation Code.

“Charitable organization” shall mean and include any organization, whether or not incorporated, that is organized and operated exclusively for a charitable purpose, as defined in this section, and which has been determined by the Franchise Tax Board to be exempt from taxation, or which has established its exemption under Section 501(c)(3) of the Internal Revenue Code.

“City manager” shall mean the city manager of the city of Cudahy, or his or her designee.

“Contribution” shall mean and include alms, food, clothing, or any other property, money, credit or any other financial assistance, or other thing of value; or subscriptions, pledges, or donations given or solicited either directly or indirectly, or under the guise of a loan of money or property.

“Identification card” shall mean a card issued pursuant to this section.

“Solicit” or “solicitation” shall mean a request, direct or indirect, for a contribution, which request is made door-to-door, in any place of public accommodation, in any place of business open to the public generally, on city streets and sidewalks, in public parks, or in any other public places.

“Solicit” or “solicitation” shall also mean and include the following methods of obtaining such a contribution: any verbal or written request; the local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication; and the sale of, or taking orders for, any goods, services, merchandise, wares or other tangible items.

An individual engaged in solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under CMC Title 5 and for which the individual or the individual’s employer has a current, valid business license shall not be deemed to be engaged in the business of solicitation.

A solicitation, as defined in this section, shall be deemed completed when made, whether or not the solicitor receives any contribution or makes any sale.

(2) Exemptions. The provisions of this section shall not apply to:

(a) Payments required by law to be collected or paid; or

(b) Payments to or from governmental agencies; or

(c) Solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made; or

(d) Solicitations made within a business open to the public generally and with the express permission of the owner or lessee of such business; or

(e) Solicitations by an organization or its authorized agents and employees of the members and employees of that organization.

(3) Permit Required. No person shall conduct solicitations within the city without having first obtained a permit from the city manager authorizing such solicitation, except that where a solicitation permit has been issued to any applicant, the individual agents and solicitors for such applicant, identified pursuant to subsection (4) of this section, shall not be required to obtain individual permits.

(4) Application Requirements. An application for a solicitation permit shall be filed with the city manager and shall include the following information:

(a) If the applicant is not an individual, the applicant’s correct legal name, taxpayer identification number (if any), address of its principal office, and the names, addresses and telephone numbers of the applicant’s principal officers and executives;

(b) A copy of the applicant’s current, valid business license, or a statement that such a license is not required by CMC Title 5;

(c) The name, address, and telephone number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all fundraisers or solicitors connected with, or to be connected with, the proposed solicitation;

(d) A description of the method or methods to be used in conducting the solicitation;

(e) The time when such solicitation will be made, giving the preferred dates and hours of the day for the commencement and termination of the solicitation;

(f) A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the city or by any department or officer thereof;

(g) An explanation of the reasons why any information required herein is not available if the applicant is unable to provide any of the foregoing information; and

(h) The signature of the applicant if the applicant is an individual; the signature of a managing or general partner if the applicant is a partnership; or the signature of an officer if the applicant is a corporation or an association. At the time the individual signs the application, said individual shall swear before the city clerk or another officer authorized to administer oaths that he or she has carefully read the application and that all the information contained therein is true and correct.

(5) Additional Application Requirements – Charitable Solicitations. In addition to the requirements set forth in subsection (4) of this section, an application for a permit to conduct solicitations for a charitable purpose shall include the following information:

(a) If the applicant is a charitable organization, as defined in this section, or if the applicant is engaged or is to be engaged by a charitable organization, documents which evidence the tax-exempt status of the charitable organization and its relationship, if any, to the applicant;

(b) A statement of the nature and extent of the charitable work being performed by the applicant within the city;

(c) The purpose for which the 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 receipts therefrom;

(d) A financial statement for the last preceding fiscal year setting forth all funds collected for charitable purposes by the applicant, including the amount of money raised, the costs of raising it, and the ultimate distribution thereof; and

(e) A projected schedule of salaries, wages, fees, commissions, or other compensation, expenses and costs to be expended or paid in connection with the solicitation or in connection with the disbursement of funds solicitated, and an estimated percentage of the total projected collections which the costs of solicitation will comprise.

(6) Permit Issuance or Denial.

(a) The city manager shall examine all applications for solicitation permits. The applicant shall make available for inspection all of the applicant’s financial books, records, and papers at any reasonable time. If, while any application is pending, there is any change in any fact, policy, or method that would alter the information set forth in the application, the applicant shall notify the city manager in writing thereof within 24 hours after such change.

(b) The city manager shall either approve, conditionally approve, or deny the requested permit within 10 calendar days of the date a complete application is submitted. In the event the city manager fails to act upon an application within the time prescribed herein, the permit shall be deemed granted.

(c) The city manager shall issue a permit for solicitation unless the applicant is required to and has failed to obtain a current and valid business license pursuant to CMC Title 5, the applicant has failed to provide any information required in this section, or any statement made in the application is false.

(d) If the city manager denies the permit, the city manager shall notify the applicant by registered or certified mail of the reasons for the denial within five business days of the denial.

(e) Nothing in this section shall be construed to grant the city manager, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, the permittee, or the person such applicant or permittee represents, or for any other reason not specifically set forth in this section.

(7) Permit Form, Duration, Assignability.

(a) Any permit issued under this section shall be signed by the city manager and shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates during which the permit is valid, a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of, or of the person conducting, the solicitation, and a brief statement describing by approximate percentage the proposed disbursement of all funds to be solicited under the permit.

(b) Any permit issued under this section shall be valid for three months unless renewed, revoked, or suspended pursuant to the provisions of this section. The permittee shall make available for inspection all of the permittee’s financial books, records, and papers at any reasonable time during the time a permit is in effect. If, during the term of any permit, there is any change in any fact, policy, or method that would alter the information set forth in the permit application, the permittee shall notify the city manager in writing thereof within 24 hours after such change.

(c) No permit issued under this section may be transferred or assigned. Any effort to transfer or assign a permit issued under this section shall be a violation of this code and of no effect.

(8) Identification Cards. All persons conducting solicitations shall obtain an identification card from the city which shall include the permit number, the name and street address of the permittee, a statement describing the permittee’s purpose and activity, the signature of the permittee or the permittee’s chief executive officer, the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the card which shall state: “This identification card is not an endorsement of the solicitation by the City of Cudahy or any of its departments, officers or employees.”

A sample copy of the identification card shall be filed with the city manager at the time the application for a permit is filed and shall be approved or rejected by the city manager as conforming or not conforming to the requirements of this section at the time of permit issuance or denial. Identification cards shall be issued automatically to fundraisers or solicitors whose names were provided pursuant to subsection (4) of this section.

No person shall alter an identification card issued or approved by the city without the express approval of the city manager.

If a permit issued under this section is revoked, all identification cards issued to persons conducting solicitations shall be canceled and such cards shall be returned to the city manager within 48 hours from the time of receipt of such notification.

(9) Solicitation Procedures.

(a) No person shall solicit any contributions without a valid permit issued pursuant to this section;

(b) No person shall solicit any contributions without a valid business license, where required by CMC Title 5;

(c) No person shall solicit any contributions unless an identification card of a form approved by the city manager is exhibited and presented for perusal by the person solicited;

(d) No person shall solicit any contributions at any dwelling or commercial establishment where there is a sign indicating “No Solicitors,” “Do Not Disturb,” or otherwise indicating that the occupants or owners do not wish to be solicited or have their privacy disturbed;

(e) No person shall touch, come into physical contact with, or affix any object to another person without first receiving express permission therefor from such person;

(f) No person shall solicit contributions from any person after such person expresses a desire not to be solicited or declines to make a purchase or contribution;

(g) No person shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other place generally open to the public;

(h) No person shall threaten any injury or damage to any person who declines to be solicited or who declines to make a purchase or contribution;

(i) No person shall, directly or indirectly, solicit any contributions from any person by misrepresentation of his or her name, occupation, physical, mental or financial condition, residence, or principal place of business, and no person shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation of any contribution;

(j) No person shall solicit any contributions using a name, symbol, or statement so closely related to, or similar to, that used by another person, organization or governmental agency, that the use thereof would tend to confuse or mislead the public;

(k) No person shall solicit any contributions using statements or materials indicating that contributions are being raised for any organization which has not given its explicit written consent for the solicitation of such contributions;

(l) No person shall solicit any contributions for any purpose other than the purpose(s) specified in the application upon which the license was issued;

(m) No person shall solicit any contributions without maintaining a system of accounting whereby all receipts and disbursements are entered upon the official books or records of such person’s treasurer or other financial officer;

(n) Any person receiving money or anything having a value of $5.00 or more from any contributor under a solicitation made pursuant to a permit issued hereunder shall give to the contributor a written receipt, signed by the solicitor, showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date of the solicitation, and the amount received; provided, however, that this requirement shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the city manager, where it is impractical to determine the amount of each such contribution; and

(o) No person shall solicit any contributions inside any building owned or controlled by the city.

(10) Permit Renewal. A permit shall be renewed within 10 calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this section or code has been committed. If any factual information upon which the original application was granted has changed in one or more material respects, the city manager shall require a new application subject to the provisions of this section.

(11) Permit Suspension and Revocation. Whenever it is shown that any person to whom a permit has been issued under this section has violated any of the provisions hereof, the city manager shall immediately suspend the permit by serving notice upon the permittee of the suspension by registered or certified mail or by personal service. The suspension shall become effective on the third calendar day after service by mail of the notice, or immediately upon personal service of the notice. The notice shall state the reasons for the suspension with specificity.

The permittee may request a hearing upon the suspension within five calendar days after the suspension becomes effective. Failure to request a hearing within such time shall result in automatic revocation of the permit. Notice of the revocation shall be served in the same manner as notice of the suspension.

A timely appeal shall be set for hearing before the city manager within three business days of a written request for such a hearing. The city manager shall, based upon the evidence presented at the hearing, render a decision within one business day by either revoking or reinstating the permit. Notice of the decision of the city manager shall be served in the same manner as notice of the suspension.

The city manager shall notify the sheriff of the suspension or revocation of any permit issued under this section.

(12) Appeal of Permit Denial or Revocation. An applicant or permittee may appeal any decision of the city manager to deny or revoke a permit. A written notice of appeal, setting forth the grounds for the appeal, shall be filed with the city clerk, within five calendar days after the effective date of a notice of denial or revocation. The city council shall hear the appeal of the applicant or the permittee or a designated representative, receive relevant information and documents, and act on the appeal at its next regularly scheduled meeting occurring not less than one calendar week after the notice of appeal is filed. The city council’s decision shall be final.

(13) Report Required. Every permittee hereunder shall, within 90 days after the expiration of the permit, file with the city manager a report and a financial statement setting forth the amount raised by the solicitation and the amount expended in conducting such solicitation, 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 any funds collected during the solicitation. The permittee shall make available for inspection all financial books, records and other documents whereby the accuracy of the report may be verified. (Ord. 484 § 2. 2002 Code § 3-1.33).