§ 8-342. Required; exemptions; defenses.

(a)

No person or organization may conduct a charitable solicitation by handbills, advertisements, house-to-house canvass or by any other method in the city without the person, organization, society or corporation responsible for conducting the solicitation first obtaining a permit in compliance with the terms of this article.

(b)

If a person or organization conducts or manages a charitable solicitation in the name of or on behalf of another person or organization, each entity shall obtain a charitable solicitation permit.

(c)

It is a defense to prosecution under this division that:

(1)

An organization solicits funds or goods only from its own membership;

(2)

A person or organization solicits funds only by use of public broadcasting media;

(3)

A person or organization solicits funds only from foundations;

(4)

The organization, person, society or corporation holds a religious solicitation permit under this division.

(d)

This division shall not apply to persons under 18 years of age if engaged in fundraising activities for a nonprofit organization using all profits for young people's activities or donating all profits to charities other than a sponsoring organization. This article shall neither apply to persons under 15 years of age engaged in fundraising activities for a nonprofit organization which is using all profits for young people's activities or which will donate all profits to charities other than the sponsoring organization when said young persons are accompanied by an adult; nor shall this division apply to the organization for which such young persons are soliciting.

(e)

The following shall be exempt from the licensing requirements of this article:

(1)

Religious organizations exclusively for the distribution of literature and other items for the purpose of proselytizing, provided that no fees are charged and no donations are solicited.

(2)

Anonymous political speech.

(3)

Sales made under authority and by order of law, nor to persons, or their authorized representatives, who have previously established with the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship.

(4)

Any operation which is exempted by state or federal statute from this article.

(5)

Any person claiming to be legally exempt from the provisions of this division, including the payment of the license or investigation fee shall make such a claim in writing to the city manager, or his designee, citing the applicable statute or authority, and providing proof of its applicability.

(f)

A solicitation is conducted within the city when it is communicated to a person then located within the city, whether or not the person making the solicitation receives a contribution or makes a sale.

(Ord. No. O-1119, § 1(1-107), 4-19-2010)