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(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)
Any person receiving money or anything having a value of $5 or more from any contributor under a solicitation or sales solicitation for a charitable purpose made pursuant to a Certificate of Registration granted under this Article, or any person receiving money or anything having a value of less than $5 from any contributor under a solicitation or sales solicitation for charitable purposes made pursuant to a Certificate of Registration granted under this Article when the contributor so requests, shall give to the contributor at the time the contribution is received a written sequentially numbered receipt signed by the solicitor showing plainly the name and Certificate of Registration number of the charitable organization for which the solicitation is conducted, the Internal Revenue Service and California Franchise Tax Board tax exempt identification numbers, if any, the date and the amount received, and whether the contribution, or what part thereof, is tax deductible; provided, however, that where a solicitation is made and a donation is received for a ticket of admission to an event held specifically to raise money or any other thing of value for charitable purposes, such ticket, when retained by the contributor, shall constitute a valid receipt if it contains the name and Certificate of Registration number, the person from whom the solicitation is conducted, the date and location of the event, and the amount received. This Section shall not apply to any contributions collected by means of a sealed or locked box or receptacle which shall have permanently imprinted on it the name of the Certificate of Registration holder used in solicitation with the written approval of the Chief of Police or his or her designate, where it is impractical to determine the amount of such contributions.
(Amended by Ord. 106-87, App. 4/3/87)
The financial records of a charitable organization on whose behalf soliciting for charitable purposes is conducted 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. The disclosure requirements of Subsection (f) of Section 660.3 shall be based on the same accounting principles used to maintain the soliciting charitable organization's financial records.
(Amended by Ord. 106-87, App. 4/3/87)
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