SEC. 171.07. [SOLICITATION AND RECEIPT OF FUNDS.]
(Added by Ord. No. 174,957*
* Section 3 of Ordinance No. 174,957 states: “This ordinance shall cease to be operative if the City Council determines that there is a final court decision in International Society of Krishna Consciousness of California, Inc., et al. v. City of Los Angeles, et al., Case No. 97-3616 CBM, upholding the constitutionality of any portion of the Los Angeles Municipal Code Section 171.02(c), formerly Los Angeles Administrative Code Section 23.27(c), or in the event said litigation is dismissed.”
, Eff. 12/16/02.)
* Section 3 of Ordinance No. 174,957 states: “This ordinance shall cease to be operative if the City Council determines that there is a final court decision in International Society of Krishna Consciousness of California, Inc., et al. v. City of Los Angeles, et al., Case No. 97-3616 CBM, upholding the constitutionality of any portion of the Los Angeles Municipal Code Section 171.02(c), formerly Los Angeles Administrative Code Section 23.27(c), or in the event said litigation is dismissed.”
(A) Definitions.
(1) The definitions contained in Section 171.01 shall apply to this Section.
(2) “Solicit and receive funds” shall mean any oral or written request for funds conducted by a person to or with passers-by in a continuous and repetitive manner where funds are immediately received.
(3) “Funds” shall mean (a) money, alms, property or anything of value, (b) the written pledge of a future donation of money, alms, property or anything of value; or (c) money or anything of value received from the sale or offering for sale of any property upon the representation, express or implied, that the proceeds of the sale will be used for a charitable or religious purpose.
(4) “Organization” shall include any person as defined in Section 171.01 (g) or any other entity, group, individual, corporation, partnership, association, club, or society, whether for profit or otherwise.
(B) Rules for the Solicitation and Receipt of Funds at Airport.
(1) Permit Required. No person or organization shall solicit and receive funds in any terminal at Airport without first obtaining a written permit from the General Manager.
(2) Use of Locations. Every person or organization holding a valid permit issued by the General Manager to solicit and receive funds at Airport shall do so only within those locations assigned in a written permit issued by the General Manager.
(3) Rules of Conduct for Persons and Organizations with Airport Permits. While soliciting and receiving funds in any terminal at Airport, every person and organization holding a valid airport permit shall comply with the following rules:
(a) Information Cards. No person or organization shall solicit and receive funds unless an Information Card or an authentic reproduction of the card, as provided for in Section 44.02, is given or exhibited to the individual solicited before accepting any funds.
(b) Display of Badges. Every person shall wear a badge issued pursuant to Section 171.07(d)(1) on the upper left front portion of the garment being worn, so that the badge is fully and clearly visible. Upon request, the person shall make the badge available for inspection by, and shall provide verification of identity to, any law enforcement officer.
(c) Outside Booth or Area. No person or organization shall solicit and receive funds outside the booth or area assigned to the person or organization for this activity by the General Manager.
(d) Assigned Locations and Times. No person or organization shall solicit and receive funds at any terminal booth or area except during the days, the times and the locations assigned by the General Manager in a valid permit.
(e) Maximum Occupancy. No person or organization holding a permit shall occupy or cause a booth or area in any terminal to be occupied by more individuals than the maximum number specified for that location in the permit issued by the General Manager.
(f) Bonafide Representative. No person shall solicit and receive funds on behalf of a permitted organization unless that person is a bonafide representative of the organization.
(g) Representations. No person shall represent that the person is an agent or representative of the Airport or the City of Los Angeles, or that the person’s activities are sponsored or supported by the Airport or the City.
(h) Misrepresentations. No person or organization shall misrepresent the identity, purpose, cause, or activity of the organization that the person represents.
(i) Checks and Credit/Debit Card Invoices. No person shall alter any check, credit card invoice or debit card invoice received as a donation or contribution.
(j) Obey All Laws. Every person and organization shall obey all City, state and federal laws.
(k) Boxes and Materials. No boxes or other materials or accessories used in conjunction with the solicitation and receipt of funds shall be placed or deposited on the concourse or floors in any Airport terminal, except within a booth or area specified by City for that purpose.
(l) Receipts. Every person who solicits and receives funds shall provide a written receipt if requested to do so by the donor.
(m) Signs and Placards. No person or organization shall display or carry, or cause to be displayed or carried, any sign or placard which exceeds 430 square inches in total area, or which exceeds 1/16 of an inch in thickness, or which has a staff or handle.
(n) Sound and Lighting Systems. No person shall use any type of sound or voice amplification system, musical instrument, radio system, laser, lighting system designed to attract attention, vending machine, or other mechanical sound device.
(o) Loud and Disruptive Noise. No person shall sing, chant, dance, shout, or make any noise in a loud and disruptive manner.
(p) Food and Drink. No person shall sell, distribute or hand out any type of food or drink.
(q) Litter and Debris. Every person occupying a booth or area, designated by City for the solicitation and receipt of funds, shall maintain it free and clear of litter and debris.
(r) Furniture. No person shall erect, place or use any furniture, table, stand, or structure in a permitted booth or area, without the express written consent of the General Manager.
(s) Interference. No person shall in any way physically obstruct or interfere with the free movement of any other person.
(t) Impeding Business. No person shall in any manner hamper or impede the lawful conduct of any authorized tenant, airport employee or business at Airport.
(u) Touching Others. No person shall affix, pin, button or attach any item, flower, pin, or other article or material on, or otherwise touch, any member of the public unless first given express permission by that person to do so.
(v) Cessation of Activities. Every person shall immediately cease all activities directed at any individual, when that individual has indicated their unwillingness to listen to the person or accept anything proffered by the person.
(w) Unattended Property. No person shall leave unattended any bag, container, written material, sign, display or other personal property in any terminal area at the Airport, except in Airport trash receptacles.
(x) Obscene Material. No person shall display or distribute obscene material.
(y) Graphic Matter. No person shall affix any written or graphic matter to any Airport structure, facility, wall, column, display, bulletin board, or other Airport or airport tenant property without the written consent of the General Manager.
(z) Accident Reports. Every person involved in an accident in any terminal at Airport, which results in injury to a person or damage to property, shall immediately report the occurrence to the Airport Police.
(aa) Business and Commerce. No person or organization shall conduct any type of business or commercial activity pursuant to the permit or badge issued under this ordinance.
(bb) Application. Notwithstanding any provision of this ordinance to the contrary, the conduct restrictions contained here shall apply only to persons and organizations who solicit and receive funds in a terminal at Airport.
(C) Application for and Issuance of Permits.
(1) Permit Application. A permit to solicit and receive funds shall be issued after a written Airport application form is submitted to the General Manager containing the following:
(a) the full name, mailing address and telephone number of the person or organization applying to conduct the proposed activities;
(b) the full name, mailing address and telephone number of the person and organization sponsoring, promoting or conducting the proposed activities;
(c) the name and address of each representative authorized to conduct the solicitation of funds on behalf of the permit applicant;
(d) the purpose of the proposed activities;
(e) a description of the proposed activities, indicating the specific terminal where activities are to occur and the type of communication to be involved;
(f) the dates and hours on and during which the activities are proposed to be carried out, including the expected duration of the proposed activities;
(g) the number and names of the persons that propose to engage in these activities at the Airport at any given time;
(h) a valid copy of the current City of Los Angeles Information Card issued to permittee under the provisions of Section 44.02, or any successor section, if the section has been determined to be legally enforceable; and
(i) the applicant’s tax-exempt status under state and/or federal law, including copies of any applicable Federal Tax Exempt Status Form pursuant to United States Internal Revenue Code § 501(c) and California Tax Exempt Status Form pursuant to California Revenue and Taxation Code § 23701.
(2) Permit Issuance. Upon receipt of a fully completed permit application, the General Manager, or the General Manager’s designee, shall issue a permit to solicit and receive funds within two days, not counting weekends, unless: (i) a permit for the area(s) or booth(s) requested has already been issued for the date(s) and times(s) specified in the permit application; or (ii) the conduct of the permit applicant or its representatives while soliciting funds, on three or more occasions during a 90 day period, has violated the rules of conduct specified in Section 171.07(B) as determined by a court of competent jurisdiction and conviction on the third violation occurred within six months of the permit application.
(3) “First Come - First Served” Basis. The General Manager shall issue permits each month on a “first come-first served” basis until all terminal locations have been reserved and assigned.
(4) 30 Day Limit. The General Manager shall not issue a permit for a period of time in excess of 30 days.
(5) Location and Time. Each permit shall state: (i) the terminal booth or area locations assigned; (ii) the day(s) and time(s) assigned; and (iii) the corresponding number of persons who may solicit funds at each location.
(6) Administrative Hearing for Denials. In the event a permit application is denied by City, the applicant shall have the right within three days to request in writing an administrative hearing to determine the truthfulness of the evidence considered in denying the permit and the lawfulness of the City’s actions. The hearing shall be held within five days of City receiving the applicant’s written request for hearing.
(D) Issuance of Badges.
(1) Badges. Upon issuance of each permit to solicit and receive funds, City at the same time shall issue a badge to each individual and representative named in the permit. Upon the written request of a permittee for additional badges for new representatives, City shall issues the badges within three days of receiving the request. Each badge shall measure approximately 2 1/4" x 3 1/2" and shall state the time period for which it is valid, the applicable terminal and permitted location, the name of the individual, and the name of the permitted organization the individual represents.
(2) 30-Day Limit. Badges issued by the General Manager shall be for the period of time covered by the permit issued, but shall be extended upon application to cover additional permit time periods not to exceed six months.
(3) Free of Charge. Badges issued under each permit shall be issued free of charge, however a nominal fee may be charged for the cost of replacing a lost or mislaid badge in an amount not to exceed the cost of replacement.
(E) Airport Terminal Booths and Areas for Permitted Activities.
(1) Location of Booths and Areas. Booths and areas shall be located in each terminal at Airport at public locations as the General Manager may designate from time to time. At least one location shall be designated in each terminal. Locations shall be selected and designated by the General Manager, taking into consideration reasonable access by permitted solicitors to the traveling public, safety, airport security, public congestion, public egress and ingress, compatibility with airport and tenant operations near the location, and cost.
(2) One Organization for Each Booth or Area. Unless the General Manager determines that the size of the booth or area is sufficiently large to safely allow more, at any given time, only one organization shall be permitted to solicit and receive funds at each designated booth or area established pursuant to this section. Use of each particular designated booth or area shall be limited exclusively to the one or more organizations scheduled by City to be in that booth or area. For each designated booth and area, the General Manager shall establish the maximum total number of persons that may safely occupy the booth and area for soliciting and receiving funds.
(3) Apportionment of Locations. In the event two or more organizations seek to solicit and receive funds at the same time at Airport, the General Manager shall apportion the number of available booths, areas and times in the various terminals between or among them on as equitable a basis as possible.
(4) Duty to Allocate. When the General Manager receives more applications for permits than the General Manager is able to grant in accordance with the rules set out in this section, the General Manager shall impose other reasonable and equitable restrictions as to allowable dates, hours or numbers of participants as may reasonably be required to provide fair opportunities as equal as possible for all applicants, while ensuring the efficient and effective operation of the Airport.
(F) Terminations, Suspensions and Denials of Permits and Badges.
(1) Termination/Suspension. The General Manager may suspend or terminate the permit of any person or organization violating any provisions of Section 171.07(B), including terminating the privilege to solicit and receive funds in the terminals at Airport, in accordance with the procedures set forth in this subsection.
(2) Three Violation Rule. In the event of three or more convictions of violating any provisions contained in Section 171.07(B) by the same person or representatives of the same organization, said violations having first been determined by a court of law and having all occurred within a period of ninety days, then upon the third conviction any permit issued to the person or organization represented shall be terminated.
(3) Ineligibility for Permit. Whenever the General Manager has terminated a permit of any person or organization for a third or successive violation, the person or organization shall thereafter be ineligible to receive any permit under this section for a period of six months.
(4) Hearing. In the event that the General Manager denies a permit application, terminates a permit, or suspends a permit, the applicant, permittee or the permitted organization may, within three days of receiving written notice of the City’s action, request a hearing by filing written notice with the General Manager. Within five days following a request for a hearing, City shall conduct a hearing to determine whether the denial, termination or suspension action was lawful. The City shall exert reasonable efforts to have a decision rendered on the merits without unnecessary delay and in all events shall render a decision within three days.
(5) Emergencies. The General Manager may immediately suspend any permit to solicit and receive funds upon the occurrence of an emergency affecting the safety of persons or property in the terminal buildings or when required in the implementation of lawful and mandatory security measures.
(G) Interpretation, Reservations and Exemptions.
(1) Temporary Nature. The provisions of this ordinance are adopted as temporary and provisional pending the outcome of litigation challenging Los Angeles Municipal Code Section 171.07(c), formerly Los Angeles Administrative Code Section 23.27(c).
(2) Inapplicability. Nothing in Section 171.07 is intended to prohibit the lawful distribution of flyers, brochures, pamphlets, books or any other printed or written matter in any airport terminal so long as the distribution is made without the immediate receipt of funds.
(3) Savings Clause. If any provision, section or subsection of this ordinance is declared invalid, the validity of all other provisions contained in Section 171.07 shall remain in full force and effect.
(4) Calculation of Time. Whenever any time limit or time period is stated in this section, the time shall be calculated excluding weekends and official City, state and federal holidays.
