(Amended by Ord. No. 175,060, Eff. 3/4/03.)
(a) Commercial Fund-Raisers. No commercial fund-raiser shall solicit charitable contributions for any actual or purported charitable purpose without a license issued by the Department. A commercial fund-raiser shall not solicit charitable contributions for any person without first notifying the Department. A commercial fund-raiser shall notify the Department in writing of all contracts and working agreements with each charitable organization with which the commercial fund-raiser is associated.
(b) Application. Applicants shall file for a commercial fund-raiser’s license on forms furnished by the Department.
(c) Investigation. The Department shall investigate the applicant and verify:
(1) That the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years; and
(2) That all statements in the application are true.
(d) Issuance. The Department shall issue to the applicant a license to solicit as a commercial fund-raiser when all of the foregoing conditions are met. If all of the foregoing conditions have not been met, the Department shall deny a license to the applicant, subject to the following conditions:
(1) The Department shall notify the applicant in writing, no later than 15 days after receipt of the complete application of the reasons for denial of a license;
(2) The applicant may appeal the denial of a license by written request filed with the Board of Police Commissioners within 10 days after notification of the denial;
(3) The Board of Police Commissioners shall schedule a hearing within 30 days after receipt of the request for appeal and shall send notice of the time and place of the hearing to the applicant by certified mail no later than ten days prior to the date set for the hearing;
(4) The applicant and the Department may submit evidence relative to their respective positions in writing prior to the hearing or in writing or orally at the hearing and the burden of proof at the hearing shall be upon the Department; and
(5) The hearing shall be held before the Board of Police Commissioners, which shall notify the applicant in writing of its decision within five days after completion of the hearing process. The Department shall immediately issue the license upon a finding by the Board of Police Commissioners that the Department has failed to sustain its burden of proof at the hearing. The Department shall not issue a license upon a finding by the Board of Police Commissioners that the Department has met its burden of proof at the hearing. Upon a denial of a license, the Department may seek an injunction to prohibit any act in violation of this section.
(e) Revocation. A commercial fund-raiser’s license may be revoked if the Department finds that any act or omission of such commercial fund-raiser or his or her agents or employees in making any solicitation or in the conduct of the business of a commercial fund- raiser is illegal or fraudulent. The Department must revoke a commercial fund-raiser’s license if it finds the existence of any grounds upon which the issuance of such license would be denied under this section. No revocation of a commercial fund-raiser’s license shall be effective except upon notice and an opportunity to be heard as provided in Subsection (d) of this section.
(f) Expiration. Each commercial fund-raiser’s license shall expire 12 months after issuance.
(g) Funds. A commercial fund-raiser shall not commingle charitable contributions with his or her funds or property.
(h) Solicitors.
(1) It shall be unlawful for any commercial fund-raiser to cause or permit any person for compensation to solicit or receive any charitable contribution unless such person is licensed as a solicitor by the Department. Each solicitor shall be under the direction and control of a licensed commercial fund-raiser.
(2) Except as provided in Subsections (a) through (h) of this section, no person shall for compensation solicit charitable contributions for or on behalf of any other person without a license issued by the Department.
(3) Each initial application shall be accompanied by the applicant’s photograph and fingerprints, on forms prescribed by the Department, and by a fingerprint processing fee payable to the Department. The Department is authorized to adjust the amount of the fee for the processing of fingerprints so that it is equal in amount to the fee charged to the City of Los Angeles by the State of California for the processing of fingerprints. The fingerprint processing fee shall not exceed the amount charged to the City by the State.
(4) A solicitor’s license shall be issued upon verification by the Department that the statements in the application are true and that the applicant has not been convicted of any felony or misdemeanor involving moral turpitude within the past seven years.
(5) A solicitor must notify the Department in writing of any change of address and of any termination or change of employment.
(6) A solicitor’s license may be revoked if the Department finds that any act or omission of such solicitor in making any solicitation is illegal or fraudulent. The Department must revoke a solicitor’s license if it finds the existence of any grounds upon which the issuance of such license would be denied under this subsection. No revocation of a solicitor’s license shall be effective except upon notice and an opportunity to be heard as provided in Subsection (d) of this section.
(7) Consideration of a solicitor’s license application and issuance or denial of a license shall be subject to the time periods and procedures set forth in Subsection (d) of this section. Each solicitor’s license shall expire 12 months after issuance.