SOLICITOR'S PERMIT RENEWAL - City of Temecula

CITY OF TEMECULA POLICE DEPARTMENT28690 Mercedes StreetTEMECULA, CA 92589(951) 506 - 5130SOLICITOR’S PERMIT RENEWAL( NON-CHARITABLE / FOR-PROFIT )DATE _________FEES: RENEWAL = $ 24.00 EACH ADDITIONAL PERSON = $ 5.00 APPROVED _____ REVOKED _____-----------------------------------------------------------------------------------------------------------------------FAILURE TO COMPLETE ALL SECTIONS WILL RESULT IN DENIAL OF THIS PERMIT. IF A PORTION OF THIS APPLICATIONDOES NOT APPLY YOU MUST INDICATE N/A ON THE APPROPRIATE LINE.-----------------------------------------------------------------------------------------------------------------------( PLEASE PRINT IN BLACK INK )NAME OF SOLICITOR: _________________________________________________________________(FIRST) (MIDDLE) (LAST)CURRENT ADDRESS: __________________________________________________________________(NUMBER) (STREET) (CITY) (ZIP)CA DRIVER’S LIC # OR ID: ___________________________DATE OF BIRTH (MMDDYY): __________________________SSN #: __________________________AGE : __________________________CITY/STATE OF BIRTH: ______________________________ SEX: M FHEIGHT: ____________ WEIGHT: ___________ HAIR: ____________ EYES: ______________1. Since your last application for a Solicitor’s Permit, have you been arrested and/or convicted ofany crimes? Yes ____ No ____If Yes, state the crime, fines, and in what matter the case was settled: _______________________________________________________________________________________________________________2. Since applying for your last Solicitor’s Permit, has your CA driver’s license been revoked orsuspended? Yes ____ No ____If Yes, please explain: _______________________________________________________________________________________________________________________________________________________I CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION I HAVE GIVEN IS TRUE AND IAM AWARE THAT ANY FALSIFICATION OR OMISSION MADE ON THIS QUESTIONNAIRE WILLDEEM ME INELIGIBLE FOR A SOLICITOR’S PERMIT RENEWAL AND POSSIBLE CRIMINALPROSECUTION.DATED: _______________ SOLICITOR’S SIGNATURE: _______________________________________ACCEPTED BY: ________________________________________ DATE: ________________________Rev. 04/2011

CITY OF TEMECULA POLICE DEPARTMENT28690 Mercedes StreetTEMECULA, CA 92589(951) 506 - 5130TEMECULA MUNICIPAL CODETITLE 5 Chapter 5.20 OUTDOOR VENDORS5.20.080 Prohibited conduct and hours of operation.It shall be prohibited for any vendor to operate under any of the following conditions:A. Operate between ten p.m. and six a.m. of the following day unless in conjunction witha special event as set forth in Riverside County Ordinance No. 348, Section 19.51 asadopted by the city;B. Leave any vending stand unattended;C. Store, park or leave any vending stand within any public right-of-way or on anyundeveloped or otherwise vacant property;D. Sell food or beverages without appropriate health department permits for immediateconsumption or otherwise unless there is a litter receptacle available nearby for publicuse. Alcohol sales shall not be permitted unless in conjunction with a special event;E. Leave any location without first picking up, removing and disposing of all trash orrefuse remaining from sales made from the vending stand;F. Allow any items relating to the operation of the vending business to be placedanywhere other than in, or under the vending stand;G. Set up, maintain or permit the use of any additional table, crate, carton, rack, orother device to increase the selling or display capacity of the vending stand where suchadditional items have not been approved by the director of planning;H. Solicit or conduct business with persons in motor vehicles;I. Sell anything other than that which the outdoor vending license permits;J. Sound or permit the sounding of any device which produces a loud and raucousnoise, or use or operate any loudspeaker, public address system, radio, sound amplifier,or similar device to attract the attention of the public. Have any flashing, rotating, orother similar lights or lighting to attract the attention of the public or in violation of theCalifornia Vehicle Code Section 21466.5. (Ord. 95-05 § 7)

ut not limited to goods, services, books, pamphlets, tickets, subscriptions to publications, upon the impliedor express representation that the proceeds, or a portion thereof, of the gift, pledge or purchase will be usedfor a charitable purpose.“Fixed place of business” means any place where goods, wares, merchandise or service is offeredto the public or such goods, wares and merchandise are stored for commercial purposes providing theoperation of such business is not in violation of any applicable land use, building, public health, or anyapplicable business license law where such fixed place of business has been operated for a period of at leastsixty days prior to application for any license for peddling or soliciting on the site in question.“Peddling” means selling merchandise which is transported from place to place in the course ofapproaching prospective customers or selling merchandise or services from door to door. A “peddler” is aperson who engages in peddling.“Permit holder” means the person who has applied for a permit which has been granted and theorganization or group on whose behalf solicitations will be made.“Person” means any individual, partnership, corporation or association, including any firm,company, society, organization, church, congregation, assembly or league, and shall include any director,officer, trustee, receiver, assignee, agent or other similar representative thereof.“Solicit” and “solicitation” means the request, directly or indirectly, for any contribution used for acharitable purpose or commercial solicitation asdefined in this section, conducted door-to-door, in any place of public accommodation, in any place ofbusiness open to the public generally, on the city streets and sidewalks, in the public parks, or in any publicplace. A “solicitation” shall be complete when the request is made, whether or not the person making therequest receives any contribution. (Ord. 94-12 § 3 (part))5.16.020 Permit required.Except as provided in Section 5.16.070, it is unlawful for any person to directly or indirectly solicitcontributions in any open public place or door to door, in any residential area for any charitable, religiousor commercial purpose within the city without first having secured a valid permit therefor as hereinprovided. (Ord. 94-12 § 3 (part))5.16.030 Application for permit.Any person required by this chapter to have a permit shall submit a written application in duplicatetogether with a fee in an amount to be fixed by resolution of the city council of the city. The application feeis to compensate the city for the cost of administering this chapter, and such fee is not refundable if thepermit is not issued. Said application shall be verified and shall contain the following information:A. The California driver’s license number, full name, address, picture, telephone number and dateof birth of the applicant and the identity of each person doing the proposed solicitation. In the event there ismore than one person doing the proposed solicitation, then each person shall submit a separate applicationunder this section. There shall be a five- dollar fee for each additional person doing the solicitation;B. If the applicant is not an individual, or will be soliciting on behalf of an organization orinstitution, the names and addresses of the organization’s or institution’s principal officers and executives,and the address of the national, state and local headquarters, if any;

C. The purpose for which the proceeds of the solicitations are to be used;D. The amount, stated as a percentage of the total gift or purchase price, that will be used forcharitable purposes;E. If paid fund-raisers are paid a set fee rather than a percentage of the total amount raised, thecard shall show the total cost that is estimated will be used for direct fund-raising expenses;F. If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraisingexpenses, that an audited financial statement of these expenses may be obtained by contacting theorganization at the address disclosed;G. The non-tax-exempt status of the organization or fund, if the organization or fund for which themoney or funds are being solicited does not have a charitable tax exemption under both federal and statelaw;H. The percentage of the total gift or purchase price which may be deducted as a charitablecontribution under both federal and state law. If no portion is so deductible, the card shall state that “Thiscontribution is not tax deductible.”;I. If the organization making the solicitation represents any nongovernmental organization by anyname which includes, but is not limited to, the term “officer,” “peace officer,” “police,” “law enforcement,”“reserve officer,” “deputy,” “California Highway Patrol,” “Highway Patrol” or “deputy sheriff,” whichwould reasonably be understood to imply that the organization is composed of law enforcement personnel,the solicitor shall give the total number of members in the organization and the number of membersworking or living within the county where the solicitation is being made, and if the solicitation is foradvertising, the statewide circulation of the publication in which the solicited ad will appear;J. If the organization making the solicitation represents any nongovernmental organization by anyname which includes, but is not limited to, the term “veteran” or “veterans,” which would reasonably beunderstood to imply that the organization is composed of veterans, the solicitor shall give the total numberof members in the organization and the number of members working or living within the county where thesolicitation is being made. This paragraph does not apply to federally chartered or state incorporatedveterans’ organizations with two hundred or more dues-paying members or to a thrift store operated orcontrolled by a federally chartered or state incorporated veterans’ organization. This paragraph does notapply to any state incorporated community-based organization that provides direct services to veterans andtheir families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of theInternal Revenue Code and Section 23701d of the Revenue and Taxation Code;K. The place and date of any court judgment rendered against the applicant as a defendant guiltyof any serious felony as defined in California Penal Code Section 1192.7(c), theft as defined in CaliforniaPenal Code Section 484 or attempt to commit any of the aforementioned crimes;L. A designation of the location or locations at which place or places the applicant proposes tosolicit and the dates and time of the activity;M. Permits shall be issued for periods of two months unless revoked, or suspended pursuant to theprovisions of this chapter. Upon expiration of the permit, the former permit holder may apply for a newpermit in the same manner as a new applicant except that if the permit holder applies for a new permitbefore the old permit expires, the old permit shall remain in force until the city either approves or deniesthe application for the new permit;N. Upon obtaining a permit issued pursuant to this section, the permit holder shall keep theapplication information current by notifying the city in writing of any change or occurrence in theinformation listed above which would affect or change the status of the permit. Permit holder shall notifythe city manager in writing thereof within twenty-four hours after such change;

Section 501(c)(3) of the Internal Revenue Code of 1954, and who is eighteen years of age or younger ascertified by the organization;F. Solicitation conducted for a political purpose. (Ord. 94-12 § 3 (part))5.16.070 Revocation of permits.A. Whenever it shall be shown that any person to whom a permit has been issued has violated anyof the provisions of this chapter, or where such person has exhibited a pattern of practice to violate any ofthe provisions of this chapter after being requested by the city to cease such violation(s), the city managershall suspend the permit after giving written notice to the permit holder, of not less than two business days,in person or by registered special delivery, postage prepaid and addressed to the permit holder at theaddress specified in the permit application or any amendment thereto, of the suspension and proposedrevocation, stating with specificity the reason therefor. The permit holder may file with the city manager,within ten days of the delivery of the notice of suspension and proposed revocation, a written request for ahearing, which request shall have the effect of staying the suspension until the city manager has renderedhis decision, except in instances where said suspension is necessary to protect the public safety.B. The city manager shall hold a hearing within ten days after the filing of such request. At thehearing, the city manager shall hear all relevant evidence, shall consider the merits of the proposedrevocation, including any actions which have been taken to cure the alleged violation, and shall render adecision thereon within one business day after the hearing. Said decision shall be communicated in writingto the permit holder within two days thereafter and shall state with specificity the reasons therefor.C. In the event that the permit holder does not request a hearing within ten days after the deliveryof the notice of suspension and proposed revocation, the permit shall be revoked and the revocation shallnot be appealable. (Ord. 94-12 § 3 (part))5.16.080 Appeal to city council.A. In a case where the city manager denies, revokes or refuses to renew a permit, any applicant orpermit holder, within ten days of the date of written notification of the disputed action may appeal such tothe city council. The appeal shall be in the form of a letter, filed with the city clerk stating therein wherethere was error in the city manager’s decision. Any appeal shall be accompanied by the appropriate appealfee established by resolution of the city council. The filing of such an appeal with the city council shall notstay the action of the city manager.B. The council shall hear the appeal at its next regular meeting. At the time of the appeal hearing,the council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render adecision thereon within three business days after the hearing. Said decision shall be communicated inwriting to the applicant within two days thereafter and shall state the reasons therefor. The decision of thecity council shall be final and conclusive. (Ord. 94-12 § 3 (part))5.16.090 Manner of solicitation—Disclosure requirements.

A. Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shallexhibit to the prospective donor or purchaser a card entitled “Solicitation or Sale for Charitable PurposesCard.” The card shall be signed and dated under penalty of perjury by an individual who is a principal, staffmember or officer of the soliciting organization. The card shall give the name and address of the solicitingorganization or the person who signed the card and the name and business address of the paid individualwho is doing the actual soliciting.In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitationany printed material, such as a solicitation brochure, provided such material complies with the standards setforth below, and provided that the solicitor or seller informs the prospective donor or purchaser that suchinformation as required below is contained in the printed material.Information on the card or printed material shall be presented in at least ten-point type and shallinclude the following:1. The name and address of the combined campaign, each organization or fund on behalf of whichall or any part of the money collected will be utilized for charitable purposes;2. If there is no organization or fund, the manner in which the money collected will be utilized forcharitable purposes;3. The amount, stated as a percentage of the total gift or purchase price, that will be used forcharitable purposes;4. If paid fund-raisers are paid a set fee rather than a percentage of the total amount raised, thecard shall show the total cost that is estimated will be used for direct fundraising expenses;5. If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraisingexpenses, that an audited financial statement of these expenses may be obtained by contacting theorganization at the address disclosed;6. The non-tax-exempt status of the organization or fund, if the organization or fund for which themoney or funds are being solicited does not have a charitable tax exemption under both federal and statelaw;7. The percentage of the total gift or purchase price which may be deducted as a charitablecontribution under both federal and state law. If no portion is so deductible, the card shall state that “Thiscontribution is not tax deductible”;8. If the organization making the solicitation represents any nongovemmental organization by anyname which includes, but is not limited to, the term “officer,” “peace officer,” “police,” “law enforcement,”“reserve officer,” “deputy,” “California Highway Patrol,” “Highway Patrol” or “deputy sheriff,” whichwould reasonably be understood to imply that the organization is composed of law enforcement personnel,the solicitor shall give the total number of members in the organization and the number of membersworking or living within the county where the solicitation is being made, and if the solicitation is foradvertising, the statewide circulation of the publication in which the solicited ad will appear;9. If the organization making the solicitation represents any nongovernmental organization by anyname which includes, but is not limited to, the term “veteran” or “veterans,” which would reasonably beunderstood to imply that the organization is composed of veterans, the solicitor shall give the total numberof members in the organization and the number of members working or living within the county where thesolicitation is being made. This paragraph does not apply to federally chartered or state incorporatedveterans’ organizations with two hundred or more dues-paying members or to a thrift store operated orcontrolled by a federally chartered or state incorporated veterans’ organization. This paragraph does notapply to any state incorporated community-based organization that provides direct services to veterans and

their families and qualifies as a tax-exempt organization under Section 501(c) (3) or 501(c)(19) of theInternal Revenue Code and Section 23701d of the Revenue and Taxation Code.B. Knowing and wilful noncompliance by any individual volunteer who receives no compensationof any type from or in connection with a solicitation by any charitable organization shall subject thesolicitor or seller to the penalties of the law.C. When the solicitation is not a sales solicitation, any individual volunteer who receives nocompensation of any type from, or in connection with, a solicitation by any charitable organization maycomply with the disclosure provisions by providing the name and address of the charitable organization onbehalf of which all or any part of the money collected will be utilized for charitable purposes, by stating thecharitable purposes for which the solicitation is made, and by stating to the person solicited thatinformation about revenues and expenses of the organization, including its administration and fund-raisingcosts, may be obtained by contacting the organization’s office at the address disclosed. The organizationshall provide this information to the person solicited within seven days after receipt of the request.D. A volunteer who receives no compensation of any type from, or in connection with, asolicitation or sales solicitation by a charitable organization which has qualified for a tax exemption underSection 501(c)(3) of the Internal Revenue Code of 1954, and who is eighteen years of age or younger, isnot required to make any disclosures pursuant to this section.E. Upon request by the person from whom a contribution is sought, a valid reproduction of thepermit issued pursuant to this chapter shall be shown by the person seeking the contribution. (Ord. 94-12§ 3 (part))5.16.100 Posting of “NO SOLICITORS” notices.A. Solicitations pursuant to permits issued under this chapter shall not be made at any of thefollowing locations:1. Any house, apartment, or other dwelling to which is affixed a sign or notice indicating “NOSOLICITORS” or any similar indication that no solicitation contact is desired by the occupants thereof;2. Any commercial establishment to which is affixed a sign or notice indicating “NOSOLICITORS” or any similar indication that no solicitation contact is desired by the occupants thereof anda map depicting the area within the commercial establishment where soliciting is prohibited;3. Any retail establishment under five acres to which is affixed a sign or notice indicating “NOSOLICITORS” or any similar indication that no solicitation contact is desired by the occupants thereof anda map depicting the area within the retail establishment where soliciting is prohibited.B. Solicitations shall not be made at any house, apartment or other dwelling within a homeowner’sassociation where:1. The homeowner’s association has posted on each entry way to the subdivision a sign or noticein substantially the following form:Solicitation or Peddling at any house, apartment or dwelling unit within the area on the below map isprohibited and subject to criminal prosecution and a fine of up to $1,000.00;

2. A map depicting the area within the homeowner’s association is attached to the notice; and3. The homeowner’s association has requested in writing that the city extend the provisions of thischapter upon the homeowner’s association’s property. (Ord. 94-12 § 3 (part))5.16.110 Receipts.Any person receiving money or anything of value in excess of five dollars from any contributor bymeans of a solicitation made pursuant to a permit shall, upon request, give such contributor a writtenreceipt showing the name of the permit holder and the solicitor, the permit number, and the date andamount received. (Ord. 94-12 § 3 (part))5.16.120 Violation—Penalty.Any solicitation conducted without obtaining a permit as required by this chapter shall constitute amisdemeanor. Notwithstanding the foregoing, any such violation may be prosecuted as an administrativecivil action pursuant to Chapter 1.21 or Chapter 1.22 of this code. (Ord. 98-04 § 4: Ord. 94-12 § 3 (part))