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HomeMy WebLinkAboutOrdinance 1254 (Charitable Solicitations)CLERK'S CERTIFICATE 1, MARION A. GRADY, City Clerk of the City-pf San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance mo. 1254 entitled: An Urgency Ordinance of the City of San Rafael Repealing Section 10.50.110, Charitable Solicita- tions, Exceptions - Procedure of the San Rafael Municipal Code and Amending the Following Sections: 10.50,020, Permits Provided for Procedure; 10.50.090 Revocation of Permit; 10.50.100 Appeals; 10.50.120 Misstatements, etc. is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on,the 21st day of March 19 77 Published as re- quired by City Charter in the Independent Journal , a newspaper printed and published in the City of Sam Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 21st day of March 19 77 by the following vote, to -wit: Ayes: Councilmen- Jensen, Miskimen, Nixon and Acting Mayor Mulryan Noes: Councilmen: None Absent: Councilman: Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this 677—day of jo? r-;/ 19-)I 14ARION A. GRADY, City Clerk ORDINANCE NO. 1254 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING SECTION 10.50.110, CHARITABLE SOLICITATIONS, EXCEPTIONS - PROCEDURE OF THE SAN RAFAEL MUNICIPAL CODE AND AMENDING THE FOLLOWING SECTIONS: 10.50,020, PERMITS PROVIDED FOR PROCEDURE; 10.50.090 REVOCATION OF PERMIT; 10.50.100 APPEALS; 10.50.120 MISSTATEMENTS, ETC. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 10.50, Charitable Solicitations, Section 110, Exceptions - Procedure, of the San Rafael Municipal Code is hereby repealed in its entirety. Chapter 10.50, Charitable Solicitations, Section 020, Permits Provided for Procedure, Subparagraph (f), of the San Rafael Municipal Code is hereby amended and shall read in its entiretv as follows: 10.50.020 (f) - Whenever one person, organization, society, association or corporation or agent or representative thereof files an application on behalf of several affiliated or associated persons, or- ganizations, societies, associations or corporations, for whose benefit said solicitation is to be made, said application shall separately set .forth the information required in this section as to said applicant and to each of its associates or affiliates. Chapter 10.50, Charitable Solicitations, Section 090, Revocation of Permit, of the San Rafael Municipal Code is hereby amended and shall read in its entirety as follows: 10.50.090 - Upon written complaint being filed with the Chief of Police, or upon his own initiative, if it be found that any person soliciting under a license issued under the provisions of Sections 10.50.010 through 10.50.100 inclusive, of this Chapter, or any agent or representative of such solicitor, is misrepresenting or making untrue statements in regard thereto, or is using such permit as an endorsement of such solicitation, the Chief of Police may suspend or revoke such permit. - 1 - �t� IMP,1 Chapter 10.50, Charitable Solicitations, Section 100, Appeals, of the San Rafael Municipal Code is hereby amended and shall read in its entirety as follows: 10.50.100 - If the Chief of Police refuses to approve an appli- cation for permit as provided for in Sections 10.50.010 through 10.50.100 inclusive, or if such permit already issued is revoked, the person, or- ganization, society, association or corporation, or any agent or repre- sentative thereof, affected thereby may appeal to the City Council. Chapter 10.50, Charitable Solicitatons, Section 120, Mis- statements, etc., of the San Rafael Municipal Code is hereby amended and shall read in its entirety as follows: 10.50.120 - No person, organization, society, association or corporation, or any agent or representative thereof, shall make or perpetrate any misstatement, deception or fraud in connection with any solicitation mentioned in Sections 10.50.010 to 10.50.100, inclusive. DIVISION 2. This Ordinance is an Urgency Ordinance for the needed preservation of the public peace, health, or safety within the meaning of Government Code Section 25123 and shall go into effect im- mediately. The facts constituting such necessity are: The Unification Church, commonly known as the "Moonies" have submitted an application under the provisions of Section 10.50.110 of the San Rafael Municipal Code, which makes them an exempt organization. The Unification Church is involved in litigation throughout the United States; the contents of the litigation and the news reports indicate that the Moonies' motives and operations are not always for the public good. Allegations have been made that they brainwash the minds of the young, the weak, and the old to serve the Unification Church for purposes not compatible with the public good. Deletion of Section 10.50.110 would subject the Unification Church and all other organizations who apply for solicita- tions for evangelical, missionary, religious, charitable, educational, or other eleemosynary purposes to be investigated and evaluated by the Chief of Police as set forth in Section 10.50.040 of the San Rafael Municipal Code. This Ordinance is urgently needed to preserve the peace, tranquility, and order of this community. - 2 - DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. �L WRENCE E. MULRYAN, Acting Mayor Attest: MARION A. GRADY, City C rk The above and foregoing Ordinance No. 1254 was adopted as an Urgency Ordinance of the City of San Rafael at a regular meeting of the City Council of San Rafael held on the 21st day of March 1977, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Betti ni 14ARION A. GRADY Cit Cl�rk City - 3 - From the desk of J JEANNE LEONCINI Thursday, October 18, 1979 MAYOR'S EXECUTIVE ORDER issued suspending further enforcement of the CHARITABLE SOLICITATION ORDINANCE - URGENCY ORDINANCE NO,1254 SEE FILE NO, 13--18-1 FOR FULL EXPLANATION