SECTIONS 148-148.9 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 148-148.9

148. As used in this chapter:
(a) "Solicit" or any of its derivatives means to request directly
or indirectly the giving of any kind of salvageable personal property
on the plea or representation, express or implied, to the person
requested that the property or any proceeds to be derived therefrom
are to be devoted to charitable uses. The word shall extend to such
requests made by any of the following means, whether or not the
person making the request is given anything as a result:
1. Orally or in writing, by telephone or otherwise.
2. By distribution, circulation, mailing, posting, or publishing
of any handbill, advertisement, or publication.
3. By means of any box or receptacle, upon any public street,
sidewalk or way, or in any public park or in any publicly owned or
controlled place; or by means of any box or receptacle in any place
immediately abutting upon any public sidewalk or way, or in any place
of business open to the public, or in any room, hallway, corridor,
lobby, or entranceway, or other place open or accessible to the
public.
4. By making of any announcement through the press, radio,
telephone, television, or telegraph concerning an appeal, assemblage,
athletic or sports event, bazaar, benefit, campaign, contest, dance,
drive, entertainment, exhibition, exposition, party, performance,
picnic, sale, or social gathering, which the public is requested to
patronize.
(b) "Salvageable personal property" means any type of corporeal
personalty, new or used, but not including money or evidences of
debt.

148.1. None of the provisions of this chapter shall apply to the
activities of any organization or association of persons or any
person engaged by or under its authority, in soliciting donations of
salvageable personal property solely from members of the organization
or in selling salvageable personal property obtained from the
organization's members by that soliciting, or the soliciting and sale
of salvageable personal property by fraternal, social, political, or
service organizations for occasional rummage sales or bazaars where
the activity does not constitute a major part of the organization's
activities and is not conducted as a permanent or continuous
operation. Nor shall the provisions of this chapter apply to an
association which is exempt under Section 23701d or 23701f of the
Revenue and Taxation Code if the membership of the association is
comprised of persons with physical, mental, or developmental
disabilities and the primary purpose of the association is to provide
services to persons with those disabilities.

148.2. Any organization qualified under Section 148.3 to solicit
donations of salvageable personal property, or to sell salvageable
personal property obtained by soliciting, shall: (a) maintain
separate bank accounts and separate books and records for such
solicitations or sales, and shall not commingle any proceeds of such
solicitations or sales with any other assets; and (b) fully comply
with the provisions of the Uniform Supervision of Trustees for
Charitable Purposes Act (Article 7 of Chapter 6 (commencing with
Section 12580) of the Government Code).

148.3. It shall be unlawful for any association of persons to
engage, directly or indirectly, in soliciting donations of
salvageable personal property, or in selling salvageable personal
property obtained by soliciting, except an association which is
exempt under Section 23701d or 23701f of the Revenue and Taxation
Code from any tax imposed by the Bank and Corporations Tax Law.

148.4. It shall be unlawful for any organization qualified under
Section 148.3 to solicit donations of salvageable personal property,
to contract with or otherwise engage any independent contractor to
perform the work of soliciting such donations or selling any personal
property donated. All soliciting shall be done by the officers of
the organization or agents appointed by or under the authority of
such officers.

148.5. It shall be unlawful for any person to engage in soliciting
donations of salvageable personal property except as an officer or
agent of an organization meeting the requirements of Section 148.3,
and who has been appointed in the manner prescribed by this chapter.

148.6. Every organization qualified under Section 148.3 to solicit
donations of salvageable personal property, shall furnish each
officer or agent engaged to work as a solicitor with an
identification card stating the name and address of the solicitor,
the name of the organization for whom he is soliciting, that he has
been appointed by the organization to act as a solicitor, and the
signature of the person by whom he was so appointed. The
identification card must be exhibited on the demand of any person
solicited or of any peace officer. Any such organization receiving
the proceeds from any sale of salvageable personal property obtained
by soliciting, shall see that each purchaser of such property is
given a receipt stating the price paid for the property sold. Every
such organization shall keep accurate books and records setting out
the proceeds of such sales and the amounts devoted directly to
charitable uses, which books and records shall be open to the
inspection of any peace officer.

148.8. The violation of any provision of this chapter by any person
or organization is a misdemeanor. Any person who solicits a donation
of salvageable personal property, and uses any device purporting to
be an identification card and which is not furnished in accordance
with the provisions of this chapter is guilty of a misdemeanor.

148.9. The enactment of this chapter shall in no way limit or
infringe upon the powers of counties and cities to impose additional
requirements for the privilege of soliciting and selling salvageable
personal property within their jurisdictions.