(Amended by Ord. No. 161,622, Eff. 10/5/86.)
(a) Definitions. As used in this section:
1. “Organization” shall mean any actual or purported peace officers’ or firefighters’ organization.
2. “Promoter” shall mean any person who for pecuniary compensation or consideration, other than as an employee, conducts a solicitation or is engaged in the business of conducting solicitations on behalf of or in the name of any organization.
3. “Solicitor” shall mean any person, other than a promoter or a bona fide peace officer or firefighter, who for pecuniary compensation or consideration conducts a solicitation or makes a collection for or on behalf of or in the name of an organization or a promoter for an organization.
4. “Solicitation” shall mean any oral or written request for a contribution or donation to, or the purchase of any membership in, an organization, or the purchase of any ticket to any benefit, show or other entertainment or event, or any subscription to or any advertising space in any magazine or other publication.
(b) Organizations.
1. No organization shall conduct a solicitation nor authorize any person to conduct a solicitation on its behalf without a valid permit from the Board of Police Commissioners authorizing such solicitation. Each permit issued under this subsection shall be accompanied by a form issued by the Board which shall bear on its face the name and address of the organization for whom the solicitation is conducted; an identification number; the date of its expiration; the percentage of anticipated collections that the organization will receive; the percentage of anticipated collections that will be retained by or paid to any promoter and/or any solicitor; the percentage of voting members of the organization who are either active or retired peace officers or firefighters; if the solicitation is for advertising, the state-wide circulation of the publication in which the solicited advertisement will appear; the percentage of the total contribution or purchase price which may be deducted as a charitable contribution under both federal and state law; and if no portion of the contribution or purchase price is deductible, a statement that “This contribution or purchase is not tax deductible.”
2. Each organization, at the time of application for a permit to solicit, shall file with the Board a statement of any agreement made with any promoter or solicitor, together with a true copy of each such agreement which may be in writing. Within 48 hours after any change in any such agreement or the making of any new or further such agreement, a true copy of such change or new or further agreement, if in writing, or written details thereof, if not in writing, shall be filed with the Board.
3. Each organization shall maintain a system of accounting whereby all transactions are entered upon its books or records, either on the cash or accrual basis, according to established and customary accounting principles.
4. Within 30 days after the termination of its solicitation, each organization shall file with the Board an affidavit or declaration under penalty of perjury setting forth the total amount collected in the solicitation, the total amount received by the organization and the detailed expenses of the solicitation.
(c) Solicitations. (Amended by Ord. No 164,871, Eff. 6/23/89.) Each person shall, when conducting a solicitation, have the permit and accompanying form, or facsimiles thereof, required under Subsection (b) of this section on his or her person. When making a personal solicitation or collection each person shall exhibit such permit and accompanying form to the person solicited or from whom collection is being made. Each person soliciting or collecting on behalf of an organization shall state to the person solicited his or her true name and, if employed by or under contract to a promoter, the promoter’s name and whether or not the promoter is a professional fund raiser. Each person soliciting as an employee of an organization shall inform the person solicited that he or she is an employee of the organization. No person shall attempt to collect a contribution or payment prior to 48 hours after any person has agreed to make such contribution or payment. Each person receiving a contribution or payment pursuant to a solicitation shall deliver a signed receipt to the person making the contribution or payment. If a publication or program is produced for an organization, such publication or program shall be provided to the Board within ten (10) days after publication or the date of the event for which the program was prepared.
(d) Promoters.
1. No promoter shall conduct any solicitation without a valid permit from the Board. A promoter holding a valid permit from the Board shall not conduct any solicitation on behalf of or in the name of any organization without first notifying the Board. It shall be the responsibility of each promoter to notify the Board in writing of all contracts and working agreements with each organization with which the promoter is associated. Insofar as applicable, each promoter shall comply with, and shall be responsible for each solicitor operating under his, her or its direction and control complying with, the provisions of Subsection (c) of this section.
2. At the time of filing an application for a promoter’s permit the applicant shall file with the Board satisfactory proof of the existence of a good and sufficient surety bond or bonds, in the aggregate sum of not less than $5,000.00, running to each organization for whom the applicant proposes to solicit. Such bond or bonds shall be issued by a surety company authorized to do business in the State of California and shall provide for the reimbursement for direct loss of money or property sustained through any dishonest or criminal act on the part of the applicant. Such bond or bonds or a substitute or substitutes therefor shall remain in force and effect for the entire period of the promoter’s permit.
(e) Solicitors.
1. No solicitor shall conduct any solicitation or make any collection without a valid permit from the Board. Each solicitor shall be under the direction and control of a promoter holding a valid permit from the Board or an organization holding a valid permit from the Board. Each solicitor shall comply with the provisions of Subsection (c) of this section.
2. At the time of filing an application for a solicitor’s permit the applicant shall file with the Board satisfactory proof of the existence of a good and sufficient bond or bonds, in the sum of not less than $1,000.00 each, running to each organization for whom the applicant proposes to solicit or collect. Such bond or bonds shall be issued by a surety company authorized to do business in the State of California and shall provide for the reimbursement for direct loss of money or property sustained through any dishonest or criminal act on the part of the applicant. Such bond or bonds or a substitute or substitutes therefor shall remain in force and effect for the entire period of the solicitor’s permit.