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)
(a) No charitable organization may solicit, directly or through an agent or employee, any contribution for any charitable purpose or conduct any sales solicitation for charitable purposes activity on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco unless such charitable organization shall have first obtained a Certificate of Registration from the Chief of Police or his or her designate, as hereinafter provided or has received a receipt from the Department indicating that the organization has filed a Statement of Registration and is authorized to solicit pending issuance by the Department of a Certificate of Registration.
(b) No individual, as agent or employee of another, shall solicit contributions for a charitable purpose on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco unless the charitable organization on whose behalf the individual is soliciting has received a Certificate of Registration or has received a receipt from the Department indicating that the organization has filed a Statement of Registration and is authorized to solicit pending issuance by the Department of a Certificate of Registration.
(c) No individual shall engage in sales solicitations for a charitable purpose on the streets, sidewalks or other property under the control of the City and County of San Francisco without visibly displaying an identification card issued to that individual by the Chief of Police or his or her designate as hereinafter provided. This provision shall not be enforced with respect to a charitable organization during the period after the organization has obtained a receipt indicating that the organization has filed a Statement of Registration and before the issuance to the organization of a Certificate of Registration.
(d) (1) No individual shall solicit for a charitable purpose or engage in sales solicitation for a charitable purpose on the streets, sidewalks or other property under the control of the City and County of San Francisco, unless, upon request from the person solicited for information about the organization, the solicitor shall provide to the person a card entitled "Solicitation for Charitable Purposes Card." The card shall be of a size to be prescribed by the Chief of Police or his or her designate, signed and dated under penalty of perjury by an individual who is a principal or officer of the charitable organization on whose behalf the solicitation is made.
The information on the card shall be printed in at least 10-point type and shall include the following:
(A) The name and address of the charitable organization on whose behalf the money will be collected.
(B) The name of the individual soliciting on behalf of the charitable organization.
(C) The number of the Certificate of Registration issued to the organization by the Chief of Police.
(D) If there is no charitable organization, the manner in which the money collected will be utilized for charitable purposes.
(E) The percentage of the purchase price that will be used for charitable purposes.
(F) If the solicitation is not a sales solicitation, the card may state, in place of the amount of fund raising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed.
(G) Whether the charitable organization on whose behalf the solicitation is made is tax exempt under state and federal law.
(H) The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that "This contribution is not tax deductible."
(I) If the charitable organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term, "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," or "deputy sheriff," which would reasonably be understood to imply that the organization is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.
(d) (2) No individual shall engage in sales solicitation for a charitable purpose by means of selling goods, products or services from a stationary display on the streets or sidewalks or other places held open to the public unless, in addition to the requirements of Subsection (d)(1), the individual displays a sign which shall contain the name and address of the person on whose behalf the charitable solicitation is being made, and the fact that more information about the charitable organization is available upon request. This sign also shall state that a receipt must be provided to the person solicited for any sales transaction of $5 or more and that for sales transactions of less than $5, a receipt will be provided upon request. The sign shall be two feet by two feet square and shall be printed in black 36 point bold face print on a white background.
(d) (3) A volunteer who receives no compensation of any type from, or in connection with, a solicitation for a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and who is 15 years of age or younger, is not required to make any disclosures pursuant to this Section.
(d) (4) When the solicitation is not a sales solicitation, any individual may comply with the disclosure provisions of Section 660.2(d)(1) by providing in writing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, the charitable purposes for which the solicitation is made and that the information about revenues and expenses of such organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited immediately upon receipt of the request.
(e) No person, other than the Chief of Police or his or her designate, may alter an identification card or certificate of registration.
(f) No individual shall engage in a sales solicitation for charitable purposes while displaying an identification card issued by the Chief of Police or his or her designate in the name of another individual.
(g) No individual shall solicit for charitable purposes or engage in sales solicitations for charitable purposes from any vehicle.
(h) No individual shall engage in sales solicitations for charitable purposes by means of selling goods, products, services, or merchandise on the public sidewalks:
(1) Within five feet of any of the following:
(a) A space designated by the Public Works Department of the City and County of San Francisco as a street artist space pursuant to Article 24 of the San Francisco Police Code. For the purposes of this Subsection, the five feet shall be measured from the outer edges of the street artist space in each direction parallel to the building side of the space and thence at a 90-degree angle to the curbside and building side of the sidewalk.
(b) A person Vending Food, and/or Merchandise, pursuant to any applicable permit, including but not limited to a permit issued under Article 5.9 of the Public Works Code or any other provision of the Charter or Municipal Code.
(c) A crosswalk.
(d) A fire hydrant.
(e) The end of the fire escape.
(2) Within eight feet of a person already engaged in sales solicitations pursuant to a Certificate of Registration issued under this article.
(3) Within 10 feet from the outer edge of any entrance to any building, including, but not limited to, doors, driveways, emergency exits measured in each direction parallel to the building line and thence at a 90-degree angle to the curb.
(4) Within 18 inches of the curb line of a sidewalk or more than 4-1/2 feet from the curb line of a sidewalk.
(5) In a space more than four feet long or five feet high. The height of the person or persons conducting the sales solicitation shall not be considered in determining compliance with this subsection.
(6) On any sidewalk adjacent to a curb that has been designated pursuant to ordinance or regulation as a bus zone or a white, blue, green, or yellow zone.
(7) If, due to such solicitation for sales on a public sidewalk, there remains open for the passage of pedestrians a space of less than eight feet in width, as measured on a line perpendicular to the curb line, from the edge of the solicitor's activities to the edge of the sidewalk or the edge of the building farthest from the edge of those activities. No portion of the area occupied by the solicitor for its activities shall be included in measuring the eight foot space. If there are located on a particular side of a block two or more spaces that meet all other time, place and manner restrictions set out in this Section and leave available for pedestrian passage a space more than eight feet in width, the solicitor shall conduct his or her sales solicitation in that space that leaves available for pedestrian travel the maximum amount of sidewalk width.
(8) In any of the following areas:
(a) In any "P" district, as defined in Section 234 of the City Planning Code (Part II, Chapter II, San Francisco Municipal Code), located on Twin Peaks.
(b) On the sidewalk on the north side of Jefferson Street between Jones and Taylor.
(i) No individual shall directly or indirectly solicit contributions for any purpose by misrepresentation of his or her name, occupation, financial condition, exemption status, or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the City and County of San Francisco or in any Statement of Registration or report filed under this Article.
(j) No individual shall engage in sales solicitations for charitable purposes by means of selling clothing, jewelry, or any other goods, products, services, or merchandise in any area of the City unless that person obtains the appropriate permit, including but not limited to a permit issued pursuant to Article 24 of the Police Code or or1
Article 5.9
of the Public Works Code. This subsection (j) shall not apply to the sale of books, pamphlets, buttons, bumperstickers, posters, or any other type of item that has no intrinsic value or purpose other than to communicate a message.
(k) Every charitable organization whose employee or agent violates any provision of this Article also shall be deemed to have violated such provision.
(l) Every commercial fundraiser whose employee or agent violates any provision of this Article also shall be deemed to have violated such provision.
(m) Sales solicitations for charitable purposes occurring on property under the jurisdiction of the Recreation and Parks Department shall be regulated by the San Francisco Park Code and written rules and regulations promulgated by the San Francisco Recreation and Parks Commission.
CODIFICATION NOTE
All charitable organizations desiring to solicit funds for charitable purposes in the City and County of San Francisco shall file with the Chief of Police or his or her designate a written Statement of Registration, which Statement shall contain complete information as follows:
(a) The name of the charitable organization registering to solicit funds for charitable purposes.
(b) The purpose of the solicitation and use of the contribution to be solicited.
(c) Whether the charitable organization registering is an individual, partnership, corporation or association, and
(1) If a natural person, the person's business or residence address and telephone number.
(2) If a partnership, the name of all the partners and principal business address and telephone number of each partner.
(3) If a corporation, whether it is organized under the laws of California or is a foreign corporation, the mailing address, business location, and telephone number, name of the individual in charge of the San Francisco office of the corporation, and the names of all officers and directors or trustees of said corporation, and if a foreign corporation, the place of incorporation.
(4) If an association, the association's principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi-state organization or association, the mailing address and business location of its central office and the mailing address and business location of its local office.
(d) A description of the methods and means by which the solicitation of funds is to be accomplished, including whether solicitations will be accomplished by the sale of any item.
(e) A financial statement, on a form provided by the San Francisco Police Department, setting forth all of the following information:
(1) The total revenue, contributions and similar amounts solicited or generated by sales activities by such charitable organization or association or their agents or commercial fundraisers within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
(2) The gross total sales by such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
(3) The total amount of expenditures by such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
(4) The total cost of goods sold by or on behalf of such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
(5) The names and business addresses of all persons or associations, including commercial fundraising, receiving compensation or emoluments from such revenue, contributions and similar amounts solicited or generated by sales activities in the City and County of San Francisco, and the respective amounts thereof;
(6) A detailed accounting of the allocations made to achieve the purposes of the charitable organization within the 180-day period immediately preceding the filing of such Statement of Registration.
(f) If the charitable organization is a corporation, partnership, or association, a copy of the resolution or other document issued in compliance with the bylaws or internal rules of any organization authorizing such solicitation and authorizing a particular individual to apply for the Certificate of Registration certified to as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof.
(g) A statement that the signers of such Statement of Registration have read and are familiar with the provisions of this Article and will require all persons authorized to engage in such solicitation to read and be familiar with all sections of this Article prior to making any such solicitation.
(h) A projected schedule for the next 180-day period of salaries, fees, commissions, expenses and costs to be expended and paid in connection with the solicitation of funds or in connection with their disbursement, an estimated percentage of the total projected collections which the costs of solicitation will comprise and what portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the Statement of Registration.
(i) The names, business mailing addresses and telephone numbers of all individuals who will be in direct charge or control of the solicitation and disbursement of funds, and the name of any commercial fundraiser employed or utilized by the charitable organization during the immediately preceding reporting period.
(j) A statement to the effect that if a Certificate of Registration is granted, such Certificate will not be used as or represented to be an endorsement by the City or any of its officers or employees.
(k) The names of any officer, director, trustee, partner, or any current agent or employee engaging in the solicitation of funds who has been convicted of any felony within the past seven years, the nature of the offense, the state where the conviction occurred, and the year of the conviction.
(l) Whether the applicant has received tax exempt status from either the State of California or the United States, or both, and a copy of its current tax exempt determination letter, if any.
(m) If the charitable organization is a corporation, partnership, or association, the Statement of Registration must be signed by the person authorized to apply for the Certificate of Registration by the resolution required in Section 660.3 (g) and, under penalty of perjury, declared to contain true and correct information. If the charitable organization is an individual, the Statement of Registration must be signed by that individual and, under penalty of perjury, declared to contain true and correct information.
(n) The name of an agent of the organization for service of process.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
(a) Upon the filing by a charitable organization of a Statement of Registration and the payment of the fee required by Section 660.7, including any fine or penalty assessed against the organization for violation of this Article that has been outstanding for more than 60 days, the Chief of Police or his or her designate shall issue to the organization a receipt that indicates that the organization has filed a Statement of Registration and authorizes the organization to solicit contributions for charitable purposes pending the issuance of the Certificate of Registration.
(b) The Chief of Police or his or her designate shall, after a review of the Statement of Registration to determine its compliance with Section 660.3 above, and within 10 working days of the receipt of the Statement of Registration, either issue a Certificate of Registration or notify the person registering that the Statement of Registration does not comply with the requirements of Section 660.3 above and specifying what information has not been furnished. Upon receipt of that additional information, the Chief of Police or his or her designate shall, within five working days of the receipt of the revised Statement, issue a Certificate of Registration. Any charitable organization that has received a receipt authorizing the organization to solicit contributions in the City and County of San Francisco and that fails to provide the additional information sought by the Chief shall be in violation of this Article. Certificates of Registration shall be valid for 180 days after issuance.
(c) Any charitable organization that has obtained a Certificate of Registration prior to the most recent amendment of this Article shall obtain a Certificate of Registration under the amended provisions of this Article within 30 days of the effective date of the such amended provisions.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
(a) At the request of the Police Department, the Controller of the City and County of San Francisco shall audit for accuracy and completeness any identified financial statements submitted by a charitable organization under Section 660.3(e) of this Code, provided that charitable organizations whose financial statements indicate that the organization received less than $1,000.00 in contributions from solicitations and sales solicitations in the immediately preceding reporting period shall not be subject to such audits. When audits are performed, the Controller shall prepare reports which shall be sent to the San Francisco District Attorney and California Attorney General. The reports of the Controller shall be public documents and shall contain the Controller's findings with respect to the accuracy and completeness of each statement reviewed. The audit should be conducted with maximum efficiency in a cost-effective manner and should be as unobtrusive as possible consistent with the foregoing purposes of the audit. No employee or agent of the Controller shall divulge or make known any record or information received pursuant to this section except in furtherance of the purposes of this section.
(b) It shall be the duty of each charitable organization to keep such detailed accounts and records as shall be reasonably necessary for the Controller to conduct the audits required by this section.
(Added by Ord. 289-90, App. 8/1/90; Ord. 56-07, File No. 070090, App. 3/23/2007)
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