(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