HomeMy WebLinkAboutORD FOR ADOPTION 1 07-06-93ORDINANCE FOR ADOPTION NO. 1
6-93
.Il::'
JULY 6, 1993
TO:
fFIOM:
S U b J ECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1112, NON-PROFIT SOLICITATION
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1112
(roll call vote).
BACKGROUND:
The following Ordinance No. 1112 had first reading and introduction
at the June 21, 1993 City Council meeting:
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
Valerie Whiteman --
Chief Deputy City Clerk
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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:
ae
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
S.
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:
ae
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-raising
venture, solicitation, carnival, fair or other
event is solely utilized for a charitable or
eleemosynary purpose, and no direct or
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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 2, 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 Tustin 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;
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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;
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Ordinance No. 1112
Page 4
(b) The Internal Revenue Service Notice of
Tax-Exempt Status;
(c) The Notice from the California Attorney
General Registrar of Charitable Trusts
confirming registration in good standing
or in the case of a religious corporation
sole, a Certificate of Status of Domestic
Corporation from the Secretary of the
State;
(d) A copy of the most recent Periodic Report
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
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.
Upon submittal of the application, the
Community Development Department shall verify
within five (5) working days as to whether the
application is complete. If complete, a permit
will be issued within five (5) working days or the
.City will apply to the Court for an order enjoining
the applicant's solicitation. If the Community
Development Department determines that the
application is incomplete, the applicant shall be
notified within five (5) working days of such
determination, along with the specific reasons
therefor. The permit is valid for six (6) months."
* - Not applicable to a corporation solely
organized for religious purposes.
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Ordinance No. 1112
Page 5
PASSED AND ADOPTED at a regular meeting of the City Council held
on the day of 1993.
JIM POTTS
MAYOR
MARY 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 tD~
City of Tustin is five; that the above and foregoing Urger
Ordinance was passed and adopted at a regular meeting of the
City Council held on the day of 1993, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
DO:kd\1112.ord