Académique Documents
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INTRODUCED BY
COUNCILMAN
ORDINANCE No
9tJi1
h
G
C M s
The
as
of the
City Council
City
of Oakland
does
ordain
follows
SECTION 1
Chapter
read
as
3 of the
follows
Q1
TERM
expired
at such
rules
it may fix
and may
its guidance
adopt
AND
SEC
3 2 02
SOLICITATION
SOLICIT
unless
Whenever
used
1n
thisart1cle
DEFINED
from
the
context
ferent meaning clearly appears
a
the
100
42
2
10
Solicit
request directly
dif
solicitation
shall mean
of
credit
money
indirectly
and
or
81
10
1
70
t 1
financial
property
on
plea
the
assistance
representation
financial assistance
property
will
or
be used
or
that
or
posting
ment
for
Any
oral
The
distribution
circulation
mailing
of any handbill
written advertise
publishing
publication
or
or
3
radio
or
written
request
or
religious
purpose
solicitation
as defined herein shall be deemed
when
made
whether
or not the person making the
completed
same receives any contribution or makes
any sale referred
to in this section
A
SEC
3 2 03
CHARITABLE
DEFINED
Unless a
char
different meaning clearly appears from the context
shall mean and include the words patriotic
itable
phil
social service
welfare
benevolent
educational
anthropic
fraternal
civic
or
either actual or purported
As
added
by
SEC
Religious
and
4875 C M S
Ordinance No
include
passed
March 20
1956
3 2 04
RELIGIOUS
AND
RELIGION
DEFINED
and
as
useanerein
shall
not mean
religion
the word
charitable
as herein defined
but
shall
be
SEC
3
shall
butions
their
given
clothing
money
guise
the
05
CONTRIBUTIONS
and
mean
under
include
subscription
of
loan
DEFINED
the words alms
Contri
food
property or donations
or property
of money
3 2 06
SEC
PERSON
DEFINED
Person
shall
f rm
co
any individual
partnership corporation
association
or joint
stock association
company
church
religious sect religious denomination
mean
organization or league
ceiver
assignee agent
society
thereof
3 2 07
PROMOTER
DEFINED
Promo te r
any person who promotes
manages
supervises
organizes or attempts to promote manage supervise
or organize
a campaign of solicitation
SEC
shall
mean
shall
mean
SEC
No
3 2 08
COMMISSION
DEFINED
Commission
the Commiss on of Pub11c Charities
3
SEC
shall
person
upon any
081
SOLICITING
street
public
or
Oakland
SEC
09
public place
in
h1mself
the
City
1n
or
of
SEC
3 2 10
APPLICATION FOR CHARITABLE
SOLICITATIONS PERMIT
An application tor a permit to
solicit as provided by Section 3 2 09 of this article
shall be made to the Commission upon forms provided
by
the Commission
Such application shall be executed
under oath by the applicant and
if a promoter is in
volved in the solicitation
he shall likewise execute
under oath such application
The application shall be
filed with the Commission at least thirty
30
days prior
to the time at which the permit
applied for shall become
effective
the
person
The
and address or
for the permit
name
applying
of
headquarters
names
and
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 receipts therefrom
d
A specific statement
and
if available
figures showing
contributions to be solicited
e
The
supported by
reasons
the
names
or
shall
f
The names and addresses of the person or
who
will
be in direct charge of conducting the
persons
solicitation and the names of all promoters connected
or to be connected with the proposed solicitation
An outline of the method
conducting the solicitations
g
used
in
h
The time when
made
giving the dates for
such solicitations
i
An
solicitation
methods
to be
itemization of the
or
estimated cost of
be
of
the
or
1
A full statement of the
of the charitable work being done by
the city
character and
extent
the
within
applicant
m
A statement that the cost of the solicitation
for direct gifts shall not exceed sixteen per cent
16
of the total amount to be raised
or for sale and benefit
affairs shall not exceed seventy five per cent
75
of
the total amount to be raised
and that in both types of
solicitations all wages
fees
commissions
and emolu
ments to be paid to all salesmen
collectors
solicitors
conductors
and managers will not exceed ten per cent
10
of the total amount to be raised
is
granted
as
an
permit
in any
or by any
is not
an
promoter
Chapter
If
while any application is pending
or during
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
the
Commission in writing thereof within twenty four
notify
hours after such change
24
the
term
SEC
3 2 11
INVESTIGATION BY COMMISSION OF
CHARITABLE SOLICITATION
PERMIT APPLICATIONS
The
Comm ssion shall exam ne all appl cations t led under
Section 3 2 10 of this article and shall make
or cause
to be made
such further investigation of the application
and the applicant as the Commission shall deem necessary
in order for it to perform its duties under this Article
the applicant shall make
Upon request by the Commission
available for inspection by the Commission
or any person
designated in writing by the Commission as its repre
sentative for such purpose
all of the applicant s books
records and papers at any reasonable time before the
application is granted during the time a permit is in
effect
or after a permit has expired
SEC
3 2 12
STANDARDS FOR COMMISSION S ACTION
IN GRANTING OR DENYING APPLICATIONS FOR CHARITABLE
SOLICITATION PERMITS
The Commission shall issue the
perm t provided for in Section 3 2 09 hereof whenever it
shall find the following facts to exist
That
cation
are
fraudulent
the
of the
statements
That
c
on
all
made
in the
true
solicitation will
in any
engaged
not
be
appli
fraud
public
d
That the cost of raising the funds will be
reasonable
Any such cost in excess of sixteen per cent
16
for direct gifts
or
75
seventy five per cent
for sale and benefit affairs
or ten per cent
10
for all wage
fees
commissions or emoluments paid or
to be paid to all salesmen
solicitors
collectors
con
and managers
ductors
of the total amount collected shall
be considered to be unreasonable unless
facts
are
presented showing
special
that
peculiar
make a cost
said sixteen per cent
16
or
said seventy
five per cent
75
or said ten per cent
10
respect
reasonable in the particular case
ively
reasons
higher than
citation
That
are
to be
none
of
the
following
methods
of soli
employed
Solicitations
by telephone by persons
paid primarily for that
employed
and
purpose
except of salvable
property
Solicitations
the
i
ii
following
the
exist
children
members of the
for
whose
benefit
organization
the solicitation is made
and
are
Delivery by
permitted
Solicitation
by
currency boxes
means
of coin
or
receptacles
or
except
i
and
ii
iii
iv
When such
When
the
use
3 2 13
SEC
The Commission shall file in its
for
office
public inspection and shall serve upon the
applicant by mail its decision upon each application
SEC
PERMIT
There
ot Oakland the
14
For filing
charitable
application
solicitation
for
permit
00
00
00
For
For
one
period
of
permit
For
each
branch
other
participating
group
division
department or
similar subdivision of the
person
For
filing petition
For
filing appeal
for
or
rehearing
1 00
3
00
00
SEC
3 2 15
CHARITABLE SOLICITATIONS lERMIT
FDRM OF GRANTING OF IS NOT ENDORSEMENT BY CITY
AGENTS
AND SOLICITORS FOR CHARLTABLE SOLICI
TION PERMIT HOLDERS
CREDENTIALS FOR SOLICITORS
All persons to whom perm ts
have been
ssued under th s article shall furnish to each
of their agents and solicitors
as
credentials
a facsimile
of
the
which
shall
the
ad
name
copy
permit upon
appear
dress
and
of
the
solicitor
to
sex
or
age
signature
agent
whom such credentials are issued and the specific period
of time during which said agent or solicitor is author
ized to solicit on behalf of the permit holder
A list
of all agents or solicitors to whom facsimile copies
have been provided shall be maintained by the permittee
and shall be available for inspection by the Commission
and any police officer of the City
its authorized agents
however
facsi
of Oakland
Provided
as
an alternative
address
mile copies of the permit
with the name
age
of the agent or solicitor shall be fur
sex and signature
nished by the Commission upon payment to it of ten cents
No person shall solicit under any permit
per copy
under
this
article without the credentials required
granted
this
section
in
his possession
Said credentials must
by
to
all
be shown
persons solicited and to
upon request
the
any police officer of
City of Oakland
10
RETURN OF
SEC
3 2 17
PERMIT NON TRANSFERABLE
under
issued
this
art cle
UPON EXPIRATION
Any permit
transferable
and
be
returned
to the
shall be non
shall
date
of
7
of
its
Commission within seven
days
expira
tion
together with all facsimile copies thereof
18
signed by the
permit number
tions
3 2 l9
SEC
HEARING AFTER DENIAL OF APPLI
CATION FOR A PERMIT
EXCEPTIONS
DECISIONS
W thin
of
from
the
date
ot
the
a
notice
tive
ma
5
ling
days
that his application for a permit to solicit under
this article has been denied
any applicant may file a
written request for a public hearing on the application
before the Commission
together with written exceptions
the
decision
of
the
to
Commission denying the applica
tion
of the
the president
Upon the filing of such a request
and
shall
fix
a
time
Commission
place for the
hearing
hearing
hearing
present
10
cation and exceptions
Within ten
days after the
the
the
conclusion of
Commission shall render
hearing
its decision either granting or denying the application
for a permit
Therein the Commission shall state the
and its ruling
facts upon which the decision is based
upon any exceptions filed to its original decision upon
the application
This decision shall be filed in the
Commission s office for public inspection and a copy
shall be served by registered mail upon the applicant
and all parties to the hearing
HEARING
REVOCATION OF PERMITS
or whenever any
DECISION
Whenever it shall be shown
that any person
member of the Commission has knowledge
this
article has
to whom a permit has been issued under
this
article
or any
violated any of the provisions of
of
a permit holder has mis
or
solicitor
promoter
agent
represented the purpose of the solicitation the President
may immediately suspend the permit and give the permit
holder written notice by registered special delivery mail
2
of a hearing to be held within two
days of such sus
pension to determine whether or not the permit should be
This notice must contain a statement of the
revoked
facts upon which the President has acted in suspending
SEC
20
the
the
At the hearing
which shall be held before
Commission
the permit holder
and any other interested
shall have the right to present evidence as to the
person
facts upon which the President based the
suspension of
permit
the permit
and any other facts which may aid the Commission
in determining whether this article has been violated and
whether the purpose of the solicitation has been
misrepre
sented
after such hearing
If
the Commission finds
that this article has been violated
or
the purpose of the
solicitation has been misrepresented
it shall within two
2
days after the hearing file in its office for public in
spection and serve upon the permit holder
and all interested
persons participating in the hearing
a written statement
of the facts upon which it bases such
finding and shall imme
revoke
the
If
after
diately
such hearing the Com
permit
mission finds that this article has not been violated and
the purpose of the solicitation has not been
misrepresented
it shall within two
2
days after the hearing give to the
and all interested persons
permit holder
participating in
said hearing
a written statement
cancelling the suspension
of the permit and stating that no violation or
misrepre
sentation was round to have been committed
SEC
3 2 2l NOTICE OF SUSPENSION OR REVOCATION OF
CHIEF OF POLICE
The Chief of Police shall be
not fied forthw th by the President of the
suspension or
revocation of any permit issued under this article
PERMIT TO
SEC
3 2 22 BOOKS AND RECORDS OF PERMIT HOLDERS
shall
solicit any contributions for any charitable
person
without
purpose
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
For each solicitation a separate
folder containing all vouchers supporting said
accounting
and containing a record of all contributions and disburse
ments will be maintained and available for
inspection for
a period of one year from
the end of the period of solici
tation
No
SEC
3 2 23 REPORT REQUIRED FROM PERMIT HOLDER
It shall be the duty of all persons issued permits under
this article to furnish to the Commission within
thirty
30
days after the solicitation has been completed a
lecting
such funds
including a detailed report of the wages
fees
commissions
and expenses paid to any person in con
nection with such solicitation
and the disposition of the
balance of the funds collected by the solicitation
When
ever the
sale or benefit affair is held in the City of
Oakland or the address or headquarters of the holder of
the permit is Oakland
all monies collected will be reported
whether received within or outside of the City
This
report shall be available for public inspection at the
10
Commission
Provided
time for the
filing
report required by this section for an
additional period of thirty
30
days upon proof that
the filing of the report within the time
specified will
work unnecessary hardship on the
The
permit holder
permit holder shall make available to the Commission or
however
to
that
of the
designated
its
and
3 2 24
SEC
RELIGIOUS SOLICITATIONS
REGIS
AND CERTIFICATE REQUIRED
No person shall solicit
contributions for any religious purpose within the
City
of Oakland without a certificate from the Commission
Application for a certificate shall be made to the Com
mission upon forms provided by the Commission
Such
application shall be sworn to or affirmed and shall
contain the following information
or in lieu thereof
TRATION
of the reason
be furnished
statement
cannot
and
The
name
the
person
If
or
address
applying
applicant
why
reasons
is not
or
for
an
such information
headquarters
the
of
permit
individual
the
and
by
c
proposed
use
or
to be
raised
disposition
thereby
to be made
and the
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
11
The estimated
The
A financial
fiscal year
trIi
j
solicitation
of any wages
fees
commissions
expenses or emoluments to be expended or
paid to any person in connection with such
solicitations
and the names and addresses
of all such persons
for the last preceding
of any funds collected for re
ligious purposes by the applicant said
statement giving the amount of money so
r ised
together with the cost of raising
it
and final distribution thereof
full
the
of the
amount
statement
statement
of
the
character
and
ex
tent
cost
of the
as may be submitted
Commission in order for it to deter
mine the kind and character of the proposed
solicitation
to the
3 2 25
CERTIFICATE OF REGISTRATION
CONTENTS
SEC
of
CREDENTIALS FOR SOLICITORS
EXEMP TIONS
receipt
Upon
such appl cat on
the Commission shall forthwith issue the
The certificate
applicant a certificate of registration
6
shall remain in force and effect for a period of six
months after the issuance thereof
and shall be renewed
upon the filing of a
this section
Certifi
for
in
application
provided
cates of registration shall bear the name and address of the
the number
person by whom the solicitation is to be made
of the certificate
the date issued
and a statement that
the certificate does not constitute an endorsement by the
upon the
new
expiration
of
this
as
12
period
City
of
or
any
contributions
such establ
at the regular
shed person
assemblies
or
services of
SEC
3 2 26
INVESTIGATION OF AFFAIRS OF PERSON
SOLICITING FOR RELIGIOUS PURPOSES AND PERSONS EXEMPT FROM
P RMIT
ERT FICA
QU REME TS
PUBLICA ION
F FINDINGS
T e Comm1ss1on 1S aut or1ze
to 1nvestigate the affairs of
any person soliciting for religious purposes under a certi
ficate issued under Section 3 2 24 and the affairs of an
person exempted from the requirement of a permit under
Section 3 2 09 or exempted from the requirement of a certi
ficate under Section 3 2 25 and make public its written find
ings in order that the public may be fully informed as to
the affairs of any of said persons
Said persons shall make
available to the Commission
or to any representative
desig
nated by the Commission in writing for such specific purpose
all books
records
or
other information reasonably neces
sary to enable the Commission to fully and fairly inform
the public of all facts necessary to a full understanding
by the public of the work and methods of operation of such
Provided
that five
5
persons
days before the public
release of any findings under this section
the Commission
must first serve a copy of said
findings upon the person ifl
and
at
the
time
of
the
release of its findings
vestigated
it must release a copy of any written statement said person
denial
may file with the Commission in explanation
or
confirmation of said findings
ID
M
3 2 27 APPEAL
SEC
Any person whose application
for a permit is denied after a hearing as provided in
Section 3 2 19
or whose
permit is revoked may appeal to
the City Council within fifteen
15
days from the date of
the mailing of notice of such denial or revocation
Said
Council shall conduct a hearing de novo thereon at a date
13
to be
set
5
at least five
to the Commission
and
interested persons
The
be
final
shall
said hearing
the
to
SEC
USE OF FICTITIOUS NAME
FRAUDULENT
3 2 28
MISREPRESENTATION AND MISSTATEMENTS PROHIBITED
No person
nd rectly sol c t contr butions for any
shall d rectly or
purpose by misrepresentation of his name
occupation
and
social condition or residence
financial condition
no
person
SEPARABILITY
It is the intention of
each
the City Council that
separate provision of this
article shall be deemed independent of all other provisions
therein
and it is further the intention of the City
Council that if any provision of this article is declared
all other provisions thereof shall remain valid
invalid
SEC
and
29
enforceable
SEC
3 2 30
REPORTS OF COMMISSION
The Commission
shall make written reports of its activities to the Council
annually as of July 1st and at such other times as shall
be requested by the Council
SECTION 2
Oakland
IN COUNCIL
Municipal
Section 3 2 16 of Chapter 2
Code is hereby repealed
OAKLAND CALIF
iIIOV
1914
Article 3 of
19
COTO
SUTTER
AYES
CHIALVO
MAGGIORA
OGAWA
AND
PREEIPEtlT
1BItlG
RE
NOES
ABSENT
50000242 el 691
qt
ROSE
UKASI