Findings and Purpose. | |
Definitions. | |
Unlawful Solicitation. | |
Statement of Registration. | |
Issuance of Certificate of Registration. | |
Audits. | |
Registration of Commercial Fundraisers. | |
Change in Fact, Policy or Method. | |
Certificate of Registration and Identification Cards Nontransferable-Return Upon Expiration. | |
Registration Fee. | |
Solicitors' Identification Cards and Lists of Solicitors. | |
Written Receipts Required. | |
Financial Records. | |
Public Disclosure. | |
Exceptions. | |
Penalties. | |
Forfeiture. | |
City Undertaking Limited to Promotion of General Welfare. | |
Severability. | |
Preemption. | |
(a) The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; however, state and federal courts have determined that sidewalks are also traditional public for a for the exchange of ideas and views protected by our Federal and State Constitutions.
(b) The sale of goods, products and services with its corresponding inquiry regarding the quality and price of goods, bargaining over that price, and exchange of goods, products and services for consideration, by its nature has created greater problems with regard to the use of the public sidewalk than the traditional solicitation of contributions by charitable organizations. In particular, the unregulated sale of goods, products and services on the public sidewalks by charitable organizations and persons soliciting by sales on behalf of charitable organizations has caused congestion and potential use of force that threatens the safety of pedestrians attempting to use the sidewalks and public transit for their primary purpose. It has also interfered with pedestrian access to private residences, Municipal Railway, cable car and bus zones, and places of business. One of the primary causes of these problems is the sales activities on the public sidewalks of commercial enterprises who represent that part of their profits will go to a charitable organization.
(c) Reasonable regulation of sidewalk sales activities is necessary to protect the public safety, health, welfare, as well as the substantial esthetic interest in preserving the beauty, solitude and viewing areas of certain parts of the City. The sales activities of charitable organizations pose esthetic problems different from and greater than those presented by street artists and other sidewalk peddlers. Street artists sell goods of their own making. Thus, street artists offer a variety of goods, and the volume of their merchandise is limited. On the other hand, almost without exception, those selling on behalf of charitable organizations peddle t-shirts and sweatshirts. The presence on the sidewalk of tables piled high with sweatshirts and t-shirts is much more visually offensive than the sale of jewelry and other items sold by street artists and other sidewalk vendors. Indeed, the sales activities of charitable organizations have had the effect of converting many areas of the City into permanent flea markets.
(d) The City repeatedly has sought to address the problems created by the sales activities of charitable solicitors by means less restrictive than those set out in this legislation, including restrictions on where charitable sales activities may take place and the type of information that charitable organizations must disclose. These less restrictive measures have failed to alleviate adequately the problems caused by the sales activities of charitable organizations. In particular, the current locational regulations, such as the amount of sidewalk space that must be left for pedestrian passage, the sales of merchandise adjacent to unloading and bus zones, and the space between persons engaged in charitable sales, have proved ineffective to adequately protect public health and safety. These locational restrictions were initially intended to apply to the sale of books, pamphlets and other purely communicative items. Experience has taught that the safety problems created by the sales of sweatshirts and other commercial merchandise by charitable organizations are greater than those caused by other sidewalk vending or that would be caused by the sales of purely communicative items. Sidewalk sweatshirt vending by charitable organizations consistently draws larger crowds of prospective buyers than does sidewalk sales by street artists and other peddlers. Therefore, the safety concerns associated with charitable sales are different from those posed by other vendors. Accordingly, different regulations are needed. In particular, sales activities on the building side of sidewalks, with their attendant crowds, frequently force pedestrians to walk in the street, which endangers those pedestrians.
(e) The San Francisco Street Artists Program, established by a mandate of the people of the City and County of San Francisco with the adoption of Proposition L on November 4, 1975, is an essential component of this City's effort to support the work of its resident artisans. Permitting the sale of merchandise in spaces designated as Street Artists spaces by persons other than Street Artists tends to confuse the public regarding the nature of the products sold and adversely affects the credibility of the Street Artists Program.
(f) The City and County of San Francisco has a duty to safeguard its citizens from fraudulent solicitors. Like other communities, San Francisco has traditionally been plagued with persons defrauding its citizens by falsely representing that they are soliciting contributions for charitable purposes. The most effective method for protecting citizens from fraudulent solicitors is to require full disclosure to the public of information regarding the operations and purposes of persons soliciting for charitable purposes and to ensure that the information disclosed is truthful.
(g) The City also has a duty to preserve the visual quality of its sidewalks, parks and plazas, prevent the obstruction of public viewing areas, and preserve the tranquility and special ambience of areas that have been created to provide members of the public with zones of peace, quiet and solitude. There are areas of the City, such as Twin Peaks and portions of the Fisherman's Wharf area and parks, where the Board finds that sales activities, whether conducted by charitable organizations or for-profit entities, are inconsistent with these esthetic qualities as well as public safety. The Board also finds that because of the unique nature of City parks, the regulation of sales activities in parks is better left to the Recreation and Parks Commission.
(h) In adopting these amendments, the Board of Supervisors is aware that a federal appellate court has enjoined the enforcement of Section 660.2(j) of this Article with respect to the sale of items that are inextricably intertwined with a political, ideological, religious or philosophical message. The Board is also aware that the City is pursuing a further appeal of this ruling. The amendments to this Article are in no way intended as a substitute for the City's appeal. Rather, these amendments are intended to reduce somewhat the problems caused by the sales activities of charitable organizations, pending a resolution of the City's appeal.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
Whenever used in this Article unless a different meaning clearly appears from the context:
(a) "Association" shall mean any unincorporated organization or group of individuals sharing a common purpose or common purposes.
(b) "Charitable Organization" shall mean and include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes of or holds any assets solely for charitable purposes.
(c) (1) "Charitable Purpose" shall mean religious, charitable, scientific, testing for public safety, literary, educational, or for the prevention of cruelty to children or animals, and all other purposes recognized as charitable under common law.
(c) (2) "Charitable Purpose" shall not be construed to include solicitations primarily for the direct benefit of the individual making the solicitation.
(d) "Contributions" shall mean and include the words alms, food, clothing, money, subscription or property. "Contributions" shall also mean donations under the guise of a loan of money or property.
(e) "Department" shall mean the San Francisco Police Department.
(f) "Person" shall mean any individual, partnership, corporation, or association.
(g) "Public Sidewalk" shall mean all improved sidewalks owned or under the control of the City and County of San Francisco.
(h) "Solicit," "solicitation," and "solicitation for a charitable purpose," shall mean any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, that occurs on the streets, sidewalks, or parks or other property under the control of the City and County of San Francisco in connection with which:
(1) Any appeal is made for charitable purposes; or
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift; or
(3) Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable purpose or organization.
(i) "Sales solicitation for a charitable purpose" shall mean the sale of, offer to sell, or attempt to sell, or the solicitation or receipt of money in exchange in whole or part for, any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket or admission or any other thing or service or other consideration, which occurs on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco, in connection with which:
(1) Any appeal is made for charitable purposes; or
(2) The name of any charity or philanthropic organization is used or referred to in any such appeal as an inducement for making any such sale; or
(3) Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable purpose or organization.
(j) "Agent" shall mean any person authorized by any other person or organization to transact some business, manage some affair, or perform any other act, on behalf of that person or organization.
(k) "Commercial fundraiser" shall mean any individual, corporation, or other legal entity who qualifies as a commercial fundraiser for charitable purposes as defined in California Government Code Section 12599(a).
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
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