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HomeMy WebLinkAboutOrd 1108ORDINANCE NO. 1108 AN ORDINANCE ADDING CHAPTER 6.26 TO THE BURLINGAME MUNICIPAL CODE REGULATING CHARITABLE SALES AND SOLICITATIONS AND INFORMATION SOLICITATIONS The CITY COUNCIL of the City of Burlingame does ORDAIN as follows: Section 1. Chapter 6.263 requiring permits for charitable sales and solicitations and information solicitations, is hereby added to the Burlingame P4unicpal Code to read as follows: "CHAPTER 6.26 PERMITS FOR CHARITABLE SALES AND SOLICI- TATIONS AND INFORMATION SOLICITATIONS 6.26.010 Permits Required. It is hereby declared unlawful for any person to sell or solicit for the sale of any goods, wares or merchandise for which a permit and license is not required under any ordinance of the city, or to solicit for the taking of subscriptions for newspapers, periodicals or maga- zines, or subscriptions for any other thing or book, or for collecting money or goods or wares for charitable organizations or for charitable purposes, without first securing a permit from the police department authorizing such person to do so; provided, however, that the provisions of this section shall not apply to any established person organized and operated for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person. It is also declared unlawful for any person or organization to solicit information by means of calling upon places of residence or by means of direct personal contact in public places or upon public 5/27/77 6/21/77 -1- 7/19/77 property. Any peddling or soliciting which is carried on in connection with said solicitation of information is unlawful unless a permit also has been obtained for such peddling or soliciting. 6. 26.020 Application for Permit All applications for a permit required by the preceding section shall be in writing, giving: (a) The name and address of the person applying for the permit. (b) The firm, company, corporation or institution, if any, repre- sented by such person and the location thereof. (c) What such person desires to do under such permit, including the methods of solicitation and the use or disposition to be made of any receipts therefrom. (d) The length of time such permit is desired. (e) The name and address of the person or persons who will be in direct, charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation. (f) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City, or by any department or officer thereof. (g) Such other information as the police department may desire. 6.26.030 Investigation by Police The police department shall require evidence of proper credentials by the applicant when representing another person, corporation or institution other than himself, and may also take the fingerprints of applicants if desired by the police department, and may delay the granting of such permits for a period not exceeding one week within which to give the police department an opportunity to check the in- formation supplied by applicants. The applicant shall pay costs incurred by the City for processing fingerprints or other investi- gative procedures required hereunder. -2- 6.26.040 Disolav of Permit Each person issued a permit under this article shall have it in his possession and it shall be displayed to any person upon request. 6.26.050 Refusal to Grant Permit If after the investigation by the police department it should deem it advisable, it may refuse to grant a permit under this chapter. 6.26.060 Appeal from Denial of Permit Any applicant desiring to appeal from the action of the police department in denying a permit under this chapter may do so by filing a written appeal with the City Clerk within five (5) days of receiving notice of the denial. The City Clerk shall set a time and place for a hearing before the City Council. The City Council shall thereupon hear the applicant and all interested parties and make a final determination regarding the issuance of the permit. 6.26.070 Duration of Permit The permits issued under this chapter shall be issued for a period of not less than two days nor more than six months, and each permit shall specify upon its face the expiration date thereof. The permittee shall return the permit to the police department upon the expiration or revocation of the permit. 6.26.080 Transferability of Permit and Badge; Persons Authorized to Act Under Permits issued under this article, and identification badges issued in connection therewith, are not transferable and only authorize the particular person to whom the same is issued to act thereunder. 99 non Misrepresentation Prohibited No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make -3- or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter. the provisions 6.26.100 Hours for Solicitation. No person shall solicit from eight p.m. to nine a.m., except that a person soliciting pursuant to the provisions of this chapter may call upon the occupant of a residence during such hours when he has received express prior permission from such occupant to do so. 6.26.110 Revocation of Permit All permits issued under this chapter may be suspended or revoked if the person receiving the same has made any false statement in the application for such permit or if such person violates any law of the 'state or ordinance of the city. Any revocation shall be made only after notice to the permittee and hearing by the City Council; provided, however, that any suspensions may be effective pending said hearing upon written notification to the permittee." Section 2. This ordinance shall be published as required by law. aawa Mayor I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the In day of 7„ ly., 1977, and was adopted thereafter at a regular meeting of the City Council held on the 1st day of August 1977, by the following vote: AYES: COUNCILMEN: AMSTRUP,CROSBY ,HARRISON ,MANGINI,MARTIN NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Ci;�y Clerk -4-