HomeMy WebLinkAbout7.1 Solicitor Permits Deposit/Bond
CITY CLERK
File # D~~~.~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 3, 2008
SUBJECT:
Adoption of Resolution Establishing a Cash Deposit or Bond
Amount for Solicitor Permits
Elizabeth H. Silver, Assistant City Attorney, Amy Cunningham,
Senior Administrative Analyst and Stephen Muzio, Associate
Attorney
ATTACHMENTS:
1.
Resolution Establishing a Cash Deposit or Bond
Amount for Solicitor Permits.
RECOMMENDATION:4J!I'1.
ADOPT the Resolution Establishing a Cash Deposit or Bond
Amount for Solicitor Permits (Attachment 1).
FINANCIAL STATEMENT:
None.
DESCRIPTION:
Dublin Municipal Code Chapter 4.16 requires solicitors and peddlers operating within the City to obtain a
permit for their activities. Section 4.16.080 provides that persons engaging in the business of solicitor,
except for those persons engaged in interstate commerce, shall provide a cash deposit or bond to the City.
The cash deposit or bond is intended to' provide a source of recompense to any resident aggrieved by the
conduct or actions of a solicitor, and who seeks to recover either money advanced to a solicitor, or the
costs of any damages suffered due to the actions of the solicitor. The deposit or bond amount shall remain
in full force or effect for ninety days after the expiration of the permit issued under the chapter.
Chapter 4.16 provides that the amount of the cash deposit or bond shall be in an amount established by
resolution of the City Council upon recommendation of the Chief of Police. Based on research of
surrounding jurisdictions and insurance industry standards, the Chief of Police recommends a cash deposit
or bond amount for solicitor permits in the amount of $5,000.00.
Chapter 4.16 applies only to solicitors and peddlers who are engaged in sales for "commercial purposes."
Commercial purposes are defined in Section 4.16.020.A to mean any activities "excepting activities for
charitable purposes, as set forth in Section 4.18.020(A)." Chapter 4.18 (Charitable Solicitation and Sales)
COPY TO:
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ITEM NO.
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EBMAIN_1081374_3; 114.1015
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defines "charitable purposes" as "activities for the benefit of non-profit philanthropic, social service,
benevolent, patriotic, education or religious activities, including, but not limited to, nonprofit
organizations, tax-exempt organizations, and public and private schools." A person seeking to engage in
charitable solicitation on behalf of a nonprofit or school group is not required to get a permit subject to the
requirements of Chapter 4.16, but a permit subject to the provisions of Chapter 4.18. Chapter 4.18 does
not require permit applicants to post a bond or cash deposit. (Chapter 4.18 does impose some additional
requirements on applicants for permits who are not residentsofthe city or who are not engaging in the
conduct of charitable solicitation on behalf of an organization located within the City. However, these
additional requirements do not include the posting of a bond or cash deposit.)
RECOMMENDATION
Staff recommends that the City Council: 1) ADOPT the Resolution Establishing a Cash Deposit or Bond
Amount for Solicitor Permits (Attachment 1).
1081374.3
Page 2 of2
[~I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ESTABLISHING A CASH DEPOSIT OR BOND
FOR SOLICITOR PERMITS
WHEREAS, the City Council of the City of Dublin (the "City") adopted Ordinance No. 4-07
amending Dublin Municipal Code (DMC) Chapter 4.16 relating to peddlers and solicitors (the
"Ordinance"); and
WHEREAS, the Ordinance provides that the City Council shall, by resolution, establish a
cash deposit or bond amount for solicitor permits upon recommendation of the Chief of Police; and
WHEREAS, based on research of surrounding jurisdictions and insurance industry standards,
the Chief of Police recommends a cash deposit or bond amount for solicitor permits in the amount of
$5,000.00.
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE that a
cash deposit or bond in the amount of $5,000.00 shall be provided to the City by each applicant
for a solicitor permit, except for those solicitors engaged in interstate commerce, pursuant to
Dublin Municipal Code Section 4.16.080.
PASSED, APPROVED, AND ADOPTED this _ day of
following vote:
2008, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
Page 1 of 1
'Jfe.m:rF- /, I b /3 foe 1-
ATTACHMENT 1