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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)
All registration and financial record statements filed with the Chief of Police or his or her designate shall be a public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at a charge to be determined by the Chief of Police or his or her designate.
(Amended by Ord. 106-87, App. 4/3/87)
(a) The provisions of this Article shall not apply to:
(1) Any recruiting for volunteer services;
(2) Any solicitation made in the name of a person who has died, if the solicitation is made by members of the family of the person or the legal guardian of the deceased person;
(3) Any solicitation made by or on behalf of a nonprofit organization to or amount persons who are members thereof at the time of such solicitation, or a solicitation or solicitations made in the form of collections or contributions at regular assemblies or services of any such organization;
(4) Any solicitation made by an employer to his employees, by an employee to his employer, or by an employee to other members of the same employee group where a common employer exists;
(5) Any solicitation made upon premises owned or occupied by the person on whose behalf such solicitation is made;
(6) Any solicitation in an area subject to a street closure approved by the San Francisco Board of Supervisors of the City and County of San Francisco approved pursuant to San Francisco Administration Code Section 2.70 for street fairs or other public gatherings.
(b) Persons making solicitations on behalf of any political group or political organization that is subject to financial disclosure under state or federal law are not subject to the registration or financial disclosure provisions of this Article.
(c) The provisions of this ordinance pertaining to the sales activities of charitable organizations shall not apply to transactions where both (i) the item offered for sale is not sold from tables or other fixed locations and (ii) the item sold is only of token value or the item is sold by a volunteer under fourteen years of age and the sales price of the item is less than three dollars.
(Amended by Ord. 106-87, App. 4/3/87)
(a) Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $125 or more than $250 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $600 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Article, if the defendant has been previously convicted of a violation of this Article, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Article a second time within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $650 and not more than $750 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this Article a third time, and each subsequent time, within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $750 and not more than $1,000 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(b) Any person who violates or proposes to violate any of the provisions of this Article may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any charitable organization or person of any practices which violate this Article, or which may be necessary to restore to any person any money or property, real or personal, which may have been required by means of any practice in this Article declared to be unlawful.
Actions for injunction under this Section may be prosecuted by the Attorney General, the District Attorney, or City Attorney upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
(c) Any person who intentionally violates any injunction issued pursuant to this Section shall be liable for a civil penalty not to exceed $6,000 for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.
(d) If any action for violation of Subsection (c) is brought by the Attorney General, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco, and one-half to the State Treasurer for deposit in the General Fund. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
(e) Any person who violates any provision of this Article shall be liable for a civil penalty not to exceed $2,500 for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the Attorney General, the District Attorney, or the City Attorney in any court of competent jurisdiction, upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
(f) If any action for violation of Subsection (e) is brought by the Attorney General, one-half of the penalty collected shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund and one-half to the State Treasurer. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
(g) Any person who intentionally or negligently violates any of the reporting requirements of this Article shall be liable in a civil action brought by any person otherwise authorized to file an action under this Article for an amount of three times the amount not properly reported if the violation was intentional or the amount not properly reported if the violation was negligent.
(h) The remedies provided for in this Section are cumulative to each other and to the remedies or penalties available under all other laws of the City and County of San Francisco and the State of California.
(i) If two or more persons are responsible for any violation of this Article, they shall be jointly and severably liable.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord. 289-90, App. 8/1/90)
(a) Any item of merchandise sold or offered for sale in violation of Section 660.2(j) of this Article which is in the possession of the City and County of San Francisco is subject to forfeiture pursuant to this section, provided that so long as the injunction imposed by the United States Court of Appeals for the Ninth Circuit in Case Number 88-1904 remains in effect, this section shall not apply to goods the sale of which is inextricably intertwined with a statement carrying a religious, political, philosophical or ideological message.
(b) An action to forfeit matter described in Subdivision (a) may be brought by the District Attorney or the City Attorney. Proceedings shall be initiated by a petition of forfeiture filed in the Superior Court.
(c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the property, which notice shall state that any interested party may file a verified claim with the Superior Court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency's allegation. If the notices cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the goods seized is required to be filed.
(d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the Superior Court a verified claim stating his or her interest in the property. A verified copy of the claim shall be given by the claimant to the District Attorney or City Attorney, as appropriate.
(2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with Subdivision (c). All goods forfeited under this section shall be donated to charitable organizations having tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code for the purpose of having those goods distributed to those in need free of charge.
(e) The burden shall be on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section.
(f) It shall not be necessary to seek or obtain a criminal conviction prior to the entry of an order for the forfeiture of property pursuant to this section. Any property described in Subdivision (a) which is in the possession of the City and County obtained as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered forfeited.
(Added by Ord. 289-90, App. 8/1/90)
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