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
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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.
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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
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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
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