SOLICITOR'S PERMIT RENEWAL - City of Temecula

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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;
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SOLICITOR'S PERMIT RENEWAL - City of Temecula

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