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(a) A charitable organization shall not authorize a person to conduct a solicitation on its behalf unless the organization has prepared a written disclosure statement that contains the following information in at least 10 point type.
(1) The name and address of the charitable organization on whose behalf the contribution is being requested. If the mailing address is a post office box, the charitable organization shall also provide its street address.
(2) The specific purpose for which the charitable organization intends to use the contribution.
(3) The percentage of the contribution that will be allocated to fund raising expenses. In cases where solicitors will be paid a set fee rather than a percentage of the total contributions, the statement shall disclose the total monetary amount allocated to fund- raising expenses.
(4) Whether or not the charitable organization for which a contribution is sought has tax exempt status under federal and/or State law.
(5) The percentage of the total contribution which may be deducted as a charitable contribution under federal and/or State law. If no portion is deductible, the written material shall state that no part of the contribution to the organization is tax deductible.
(b) A disclosure statement may be in the form of a brochure or other written solicitation provided that it complies with paragraph (a) above and does not contain misleading or inaccurate information.
(c) It shall be unlawful for a solicitor to make a solicitation to a donor without first providing the donor with a copy of the "disclosure statement" required by paragraph (a) above.
(d) It shall be unlawful for a charitable organization to allow a volunteer to present a solicitation on its behalf without providing the volunteer with a disclosure statement to present to any donor with whom the volunteer intends to meet.
(Amended by Ord. No. 7210 (N.S.), effective 10-30-86; amended by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 7666 (N.S.), effective 9-19-89; Ord. No. 7670 (N.S.), adopted 9-26-89, effective 10-26-89, supersedes Ord. No. 7666; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
If a solicitor or charitable organization makes a solicitation to a donor by telephone, the solicitor or charitable organization shall orally provide the donor with information required by section 21.554(a), and if the donor makes or promises to make a contribution, the solicitor or charitable organization shall mail or personally deliver a disclosure statement to the donor.
(Amended by Ord. No. 7210 (N.S.), effective 10-30-86; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
A charitable organization intending to solicit contributions regulated by this article shall, before presenting a solicitation, complete a registration form with the Sheriff that provides the following:
(a) A copy of the disclosure statement required by section 21.554(a);
(b) The full name, mailing and address and telephone number of any person who will receive any pecuniary compensation or consideration for soliciting contributions on the charitable organization's behalf. If the person identified is not an individual, the charitable organization shall also provide the full name of any individual who will supervise the solicitation and the full name of any individual who will be making the solicitation. If the person soliciting on the organization's behalf is required to register with the State the organization shall also provide proof the person is complying with all State law requirements.
(c) The means by which the charitable organization intends to make the solicitations.
(d) The beginning and ending dates for the proposed solicitations and the hours of the day when the solicitations will be made.
(e) Proof of exemption from taxation of the California Revenue and Taxation Code as a non-profit organization.
(Amended by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 7666 (N.S.), effective 9-19-89; Ord. No. 7670 (N.S.), adopted 9-26-89, effective 10-26-89, supersedes Ord. No. 7666; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10312 (N.S.), effective 2-6-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board and shall comply with all State and federal laws and requirements.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
This article shall not apply to a solicitation made by a charitable organization:
(a) To its members, or
(b) On the organization's premises, or
(c) Conducting a legal bingo game under this code.
(Amended by Ord. No. 7210 (N.S.), effective 10-30-86; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10822 (N.S.), effective 1-13-23)