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HomeMy WebLinkAboutORD 257ORD 257ê79wV ×PîÊ FIRST READING 2-- y. ORDINANCE NO. 257 SECOND READING g P. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMENDING SECTIONS 6700, 6700,1, 6700.2, 6700.3, AND 6700,4 OF THE BALDNIN PARK MUNICIPAL CODE; AND ADDING SECTIONS 6700.5, 6700.6, 6700.7 AND 6700.8 TO SAID CODE, RELATING TO CHARITABLE AND RELIGIOUS SOLICITATIONS. FOLLONS: THE CITY COUNCIL OF THE CITY OF BALDNIN PARK DOES ORDAIN AS SECTION I. That Sections 6700, 6700.1, 6700.2, 6700.3, and 6700.4 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows: 6700. Charitable Religious Solicitations. Permit Required. No person, without having first obtained a permit therefor, as herein provided, shall make any appeal to the public for a charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations, or subscriptions, or by promoting or conducting any sale, bazaar or exhibition by any other means, at any place or to any person within the City. 6700.1 Same. Tickets. No person, without first having obtained a permit therefor, as hereinafter provided, shall sell or solicit for or on behalf of any person, by telephone or otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by any person at a fixed place of business in the City, or solicit any contribution or gift in connection with such amusement, show, entertainment, lecture or other enterprise, where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale, or for or on whose behalf such solicitation or sale is made and where, in connection with any such amusement, show, entertainment, lecture or other enterprise, it is represented, advertised, held out, implied, or made to appear that such sale, solicitation, contribution or gift or any part of the proceeds therefrom shall belong to or be devoted or used for the benefit of any person, firm, association or corporation. 6700.2 Same. Application.. Any person desiring a permit to do any of the acts referred to in Sections 6700 and 6700.1 hereof, shall file a written application therefor with the City Clerk of the City containing the following information: I) Name and address of applicant if applicant is a corporation, partnership or association, the names and addresses of all officers, partners, and/or principals). 2) Location of national, state and local headquarters, if any. 3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the activity. 4) The purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, enter- tainment or other enterprise, or any part thereof, are to be used, including the manner and amount of any compensation intended to be paid to any person, firm, association or corpor- ation, out of such gross proceeds. 1- ORD 257ê79wV ×PîÊ 5) The total amount sought to be raised, and the bank or place where all or any part.of such funds will be placed on deposit or invested. 6) The type of records proposed to be kept of funds received and the location of such records and the custodian there- of. 7) The type of identification to be carried or uniform to be worn by persons engaged in the activity. 8) Such other information relating to applicant and the parties directly interested or engaged in the activity, as may be necessary to enable a full and complete investi- gation to be conducted, including but not limited to suit- able photographs and fingerprints. 6700.3. Same. lnvesti ation. The City Clerk of the City, upon receipt of such an application, shall refer the same to the Police Department for investigation. After the investigation has been conducted, the Chief of Police or his authorized deputy shall transmit to the City Clerk, for referral to the City Council, the report of the investigation. 6700.4. Same. Granting. Denying. The City Council shall consider the application and investiga- tion report and such other information as may be relevant, and if it finds that the applicant has not stated true facts in the application or that if a permit were to be granted to appli- cant, a fraud, in all probability, would be perpetrated on the public, the Council shall refuse the issuance of a permit to such applicant. If the Council finds that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated on the public, a permit shall be issued to such applicant for such period of time as applicant may request, not to exceed a period of three 3) months from the date of issuance of said permit. Provided, that as a condition to granting such permit, the Council may re- quire applicant to file a bond with the City Clerk, in a sum not to exceed $1,000.00, in a form to be approved by the City Attorney, conditioned so that if applicant should fail to devote, pay or use the entire proceeds or percentage thereof, as specified in the application, derived from the activity, to the person for or on whose behalf or benefit such activity was carried on, as indicated on the application, then the surety will pay to such person the amount of such bond.$$ SECTION 2. That the Baldwin Park Municipal Code is hereby amended by adding thereto, as Sections 6700.5, 6700.6, 6700.7, and 6700.8, respectively, the following: 6700.5. Same. Exception. No permit shall be required for any of the acts or activities described in Sections 6700 and 6700.( hereof by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained a headquarters or a place of worship in the City, for a period of at least five 5) years next preceding the date on which such activity is proposed to be commenced; provided that the Council has issued a permit authorizing the acts or activities described in Sections 6700 and 6700.1 hereof by such organization. Permits issued to organizations as described in this section shall be valid until revoked by the Council. 2- ORD 257ê79wV ×PîÊ 6700.6. Same. Suspension. Revocation. The Chief of Police shall have the power to suspend any permit if he finds that the Permittee is not operating in conformity with the application pursuant to which the permit was issued, or if he finds that further activity of the Permittee would, in all probability allow fraud to be perpetrated upon the public or any portion thereof. Notice of such suspension shall be given to Permittee by registered mail, directed to the Permittee at his last known address, postage prepaid and deposited in the United States mail. The said permit in such a case shall be suspended and no further activity otherwise permitted thereunder shall be permitted, effective three 3) days after date of mailing said letter. In such case, Permittee shall have a right of immediate appeal to the Council and at the next regularly scheduled Council meeting after such suspension, said Permittee shall show cause before the Council why the permit should not be revoked. If the Council finds that the suspension was justified, the permit shall forthwith be revoked. No formal public notice need be given by the Council in connection with the denying or revocation of such permit provided that notice of such hearing is given to applicant by depositing in the United States mail a registered letter directed to the last known address of such appli- cant, at least 48 hours prior to the holding of such hearing. 6700.7. solicitation by Mail. No permit shall be required for any solicitation through the United States mail." 6700.8. Hours of Solicitation. No person shall conduct any of the activities described in Section 6700 and 6700.1 hereof prior to the hour of 9:00 a.m. or after the hour of 9:00 p.m. on any day of the week, except when the City Council shall permit such activities during other hours of each day. SECTION 3. That the City Clerk shall certify to the adoption of this ordinance and shall post or publish the same in the manner prescribed by law. ADOPTED and APPROVED this 18 day of February 1963. i Letcher Bishop, ayor ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA l COUNTY OF LOS ANGELES l SS. CITY OF BALDVIN PARK l I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 257 was regularly adopted, at a regular meeting of the City Council on the 18 day of February 1963, by the following vote, to wit: AYES: COUNCILMEN: MOREHEAD, BLOXHAM, HOLMES, TAYLOR AND MAYOR BISHOP NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE T e ma Ba kus, Ity Clerk BIB] 39008-U01 ORD-U02 257-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94781-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04