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HomeMy WebLinkAboutORD 1112 (1993) ORDINANCE NO. 1112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 2 OF THE TUSTIN CITY CODE TO REVISE THE APPLICATION REQUIREMENTS FOR A PERMIT TO SOLICIT DONATIONS FOR CHARITABLE PURPOSES WITHIN THE CITY The City Council of the City of Tustin finds and determines as follows: A. Individuals or organizations desiring to solicit donations ~ for charitable purposes within the City of Tustin are required to obtain a permit from the City by Section 2513b of the Tustin City Code; and B. The City Council desires to revise the application requirements and the procedures for obtaining a Charitable Solicitation Permit to conform to State law. NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Section 1. Article 2, Chapter 5, Part 1 of the Tustin City Code is hereby amended as follows: A. Subsection 2513b entitled "Organizations and Persons Exempted" is deleted in its entirety and replaced with the following: "b. Organizations and Persons Exempted. A license may be obtained without payment of the usual fee under the provisions of this Section by the following: (1) Any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, religious, eleemosynary or benevolent purposes and from which no profit is derived, either directly or indirectly, subject to compliance with the provisions of this Chapter. (2) Any non-profit organization which engages in fund-raising ventures, solicitations, carnivals, fairs or other events, when all of the net proceeds from the fund-raisinc venture, solicitation, carnival, fair or other event is solely utilized for a charitable or eleemosynary purpose, and no direct or Ordinance No. 1112 Page 2 indirect monetary profit or benefit is derived by any other person, institution or organization. However, any person or entity desiring to solicit.donations for a charitable purpose must first comply with the requirements set forth in Section 2513f of this Chapter. In no event shall a solicitation or event be engaged in within the City except in conformance with the provisions of all applicable ordinances-of the City regulating the particular event. If a portion of the proceeds of the charitable or eleemosynary fund-raising venture, solicitation, carnival, fair or other event are to be received by, or are for the direct or indirect benefit of any other person, institution or organization, then the fee which would ordinarily be charged for such venture, if it were wholly a profit venture, shall be reduced in proportion to the percentage of the proceeds which are to be received by any such person, institution or organization." Section 2: Article 2, Chapter 5, Part 1 of the Tustin City Code is hereby amended by adding a new Section 2513f as follows: "f- Charitable Solicitation Permits. (1) No person shall solicit donations for charitable purposes within the City without first obtaining a permit from the Community Development Department for the particular solicitation and for the stated purposes and period provided therein. (2) A completed application for a permit to solicit donations for charitable purposes shall be filed with the Community Development Department of the City of Tus.tin prior to soliciting donations in the City and a permit issued for such solicitation. The application shall contain all of the following information: (a) The name and address of the person or organization; * (b) The State Charitable Trust number; Ordinance No. 1112 Page 3 (c) Name, address, telephone number and birth date, along with any aliases used, of the individual in charge of the solicitation; (d) The purpose of the solicitation; (e) The type of donations to be solicited; (f) If the solicitation is for a special event, the nature of the event and time and place of the event; (g) The anticipated beginning and ending dates of the solicitation; (h) Whether the solicitation is on behalf of an organization other than the applicant and if so, the name, address and business telephone number of the other organization; (i) The method of solicitation to be utilized; (j) If paid solicitors are used, the total estimated cost of fund-raising expenses; and (k) The estimated percentage of the amount of donations which will be used for charitable purposes. (1) The names, residential addresses and day time telephone numbers of all officers and directors of the applicant; (m) The names, business addresses and day time telephone numbers of all agents, volunteers, solicitors, promoters and managers to be involved with the solicitation; In addition, the applicant shall provide the following documents, as they apply: (a) The Articles of Incorporation and By-Laws of corporations and By-Laws of unincorporated entities; Ordinance No. 1112 Page 4 4 (b) The Internal Revenue Service Notice of Tax-Exempt Status; 5 (c) The Notice from the California Attorney General Registrar of Charitable Trusts 6 confirming registration in good standing or in the case of a religious corporation 7 sole, a Certificate of Status of Domestic Corporation from the Secretary of the 8 State; 9 * (d) A copy of the most recent Periodic Report ]0 filed with the Attorney General; ]] , (e) A copy of the Solicitation or Sale for Charitable Purposes card which must be exhibited to prospective donors pursuant to Business and Professions Code Section ~3 17510.3; and (f) If the solicitation is for the benefit of an organization other than the applicant, a letter from such organization authorizing applicant's solicitation. ]G upon submittal of the application, the ~7 Community Development Department shall verify within five (5) working days as to whether the ]8 application is complete. If complete, a permit will be issued within five (5) working days or the ~9 City will apply to the Court for an order enjoining the applicant's solicitation. If the Community 20 Development Department determines that the application is incomplete, the applicant shall be notified within five (5) working days of such 2] determination, along with the specific reasons 22 therefor. The permit is valid for six (6) months." , - Not applicable to a corporation solely 25 organized for religious purposes. Ordinance No. 1112 Page 5 PASSED AND ADOPTED at a regular meeting of the City Council held on the 6th day of July 1993. ~OROTTS ' Y E. WYNN CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1112 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Urgency Ordinance was passed and adopted at a regular meeting of the City Council held on the 6th day of July 1993, by the following vote: COUNCILPERSONS AYES: Pot~s, Saltarelli, Pontious, Puckerr, Thomas COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: None Y E. WYNN,~City Clerk D0:kd\1112.ord