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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)
Prior to soliciting contributions on behalf of a charitable organization, a commercial fundraiser shall register with the Department by filing with the Department a copy of the commercial fundraiser's most recent registration form and annual financial report filed with the California Attorney General's Registry of Charitable Trusts pursuant to California Government Code Sections 12599(b) and 12599(c).
(Added by Ord. 289-90, App. 8/1/90)
If, while any Statement of Registration is pending, or during the term of any Certificate of Registration granted thereon, there is any change in fact, policy, or method that would materially alter the information given in the Statement of Registration, the registrant shall notify the Chief of Police or his or her designate in writing thereof within 48 hours after such change. Such notice shall specifically indicate what section of the Statement of Registration is affected by the change, in what manner the information in that section has been changed, and include the fee for amendments to Statements of Registration set by the Police Commission.
(Amended by Ord. 106-87, App. 4/3/87)
No person may transfer a Certificate of Registration or identification card issued under this Article. Certificate of Registration and identification cards issued under this Article shall be returned to the Chief of Police or his or her designate within five days of its date of expiration.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89)
The Police Commission shall, within 180 days of the effective date of this Article as amended, set the fees for registration and amendments to Statements and Certificates of Registration, and additional identification cards, required under this Article. These fees shall be based on the costs of issuing and amending the Certificates of Registration and identification cards and conducting the lottery provided for in this Article. The Chief of Police or his or her designate shall waive these fees if the registrant files with the Chief of Police an affidavit signed under penalty of perjury declaring the registrant's inability to pay the fees would prevent the registrant from soliciting contributions for a charitable purpose. Pending determination of these fees by the Police Commission, every Statement of Registration shall be accompanied by a registration fee of $30 for solicitation of $50 for sales solicitations to defray the costs incurred by the City and County of San Francisco in administering the provisions of this Article. Fees collected under this Section shall be used exclusively for administering the provisions of this Article.
(Amended by Ord. 106-87, App. 4/3/87)
Consistent with the standards and purposes of this Article, the Chief of Police or his or her designate shall create identification cards for persons engaged in sales solicitations for charitable purposes. Each such identification card shall be laminated and shall bear the name and residence or business address of the charitable organization registering, a recent photograph of the solicitor; to be supplied by the charitable organization registering and to be of a size prescribed by the Chief of Police or his or her designate, the registration number, the name and signature of the solicitor or agent, the expiration date of the Certificate of Registration, and it shall have printed prominently thereon in red: "This identification card is not an endorsement of the solicitation by the City and County of San Francisco or any of its officers or employees." The name of the organization, photograph of the individual and statement of nonendorsement shall appear on the front of the card with the remaining information appearing on the back of the card. This card shall be prepared and laminated by the Chief of Police or his or her designate or, at the election of the charitable organization, by the charitable organization on pre-numbered cards supplied by the Department.
The Chief of Police or his or her designate shall issue up to five identification cards with the Certificate of Registration without any additional charge. The registrant may obtain additional identification cards by paying to the City its actual cost as established by resolution of the Police Commission.
With respect to sales solicitations, the charitable organization registering shall maintain on its premises or the premises of a designated agent of the organization or, in the alternative, shall provide to the Department, a list of the names, addresses, identification card number, and dates of birth of all agents and employees to whom identification cards are issued. With respect to nonsales solicitations, the charitable organization registering shall maintain on its premises or the premises of a designated agent of the organization or, in the alternative, shall provide to the Department, a list of the names of all agents and employees authorized to solicit on behalf of the organization. Where lists required under this Section are maintained on the premises of the charitable organization, the charitable organization shall make such lists available to members of the Department upon request.
(Amended by Ord. 106-87, App. 4/3/87)
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