HomeMy WebLinkAboutOrdinance - 9467-1991 - Amending Article IV Chapter 20 Code Of Ordinances - 07/25/1991ij
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First Reading
July 25, 1991
Item #19
Second Reading
August 8, 1991
Item #8
ORDINANCE NO. 9467
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 20 OF THE CODE OF ORDI-
NANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CHARITABLE SOLICITA-
TIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to make the
following changes to Article IV of Chapter 20 of the Code of Ordinances;
NOW THEREFORE:
BE IT ORDAINED BY THE.CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 20-48 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-48. Registration required.
It shall be unlawful to conduct any charitable solicita-
tions campaign in the City of Lubbock unless the person, orga-
nization, society, association, or corporation conducting same
and responsible therefor shall first have registered in compli-
ance with the terms of this article, provided, however, that
except to the extent hereinafter stated in this section, the
provisions of this article shall not apply to:
(1) Any church, congregation, religious society, sect,
or group or order, which solicits funds for reli-
gious purposes and possesses a valid certificate of
exemption from federal income taxes as an organiza-
tion described in Section 50l(c)(3) of the Internal
Revenue Code.
(2) Any organization which solicits funds solely from
its own voting members, not using public streets or
public places for such purposes. "Members" means
those persons who, for the payment of fees, dues,
or other such assessments, receive a bona fide
right, privilege, professional standing, honor or
other direct benefit, in addition to the right to
vote, elect officers, or hold office.
(3) Any individual or organization that must obtain a
charitable solicitations permit or license by
registering with a federal agency or an agency of
the State of Texas, including Texas Tech Univer-
sity. The filing of tax reports or other corpora-tion reports to authorities shall not constitute
such registration as to permit charitable solicita-
tions without having registered with the city. The director may periodically request lists of such
registered individuals or organizations from other
governmental agencies in order to make the
registrations public.
SECTION 2. THAT Section 20-49 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-49. Initial application, information to be contained.
(a) An initial registration to conduct a charitable
solicitations campaign in the City of Lubbock shall be granted
only after an application fee of fifteen dollars ($15.00) is
paid and an application form is filed with the director not
less than three (3) days prior to the initiation of the first
campaign following the passage of this Ordinance Number 8872
[adopted Jan. 9, 1986]. Such application shall be sworn to by
the applicant, and shall contain the following information:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The full name, telephone number, street address and
mailing address of the organization applying for
the registration to solicit, and if the organiza-
tion is a chapter or other affiliate of an organi-
zation having its principal office outside the
city, the name and address of the parent organiza-
tion.
The purpose or purposes for which the gross
receipts derived from such charitable solicitations
campaign are to be used.
The name and telephone number of the person or
persons by whom the receipts of such solicitations
shall be disbursed.
The name, telephone number and address of the
person or persons who will be in charge of conduct-
ing the charitable solicitations campaign in the City of Lubbock.
A brief outline of the method or methods to be used
in conducting the charitable solicitations campaign.
The period within which such charitable solicita-
tions campaign shall be conducted, including the proposed date for the beginning and end of such
campaign(s).
The total amount of funds proposed to be raised.
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(8)
(9)
(10)
(11)
(12)
(13)
The maximum percentage of funds to be collected
which are intended to be used to pay the cost of
promotion.
If a professional promoter or professional solici-
tor is used by the organization for a campaign(s)
and the professional promoter or professional solicitor is to receive payment or benefit for such
services out of the funds collected, then such
facts must be stated in the application.
If applicant is a charitable corporation or other
organization, an indication of its current status
as an organization to which contributions are tax
deductable for federal income tax purposes.
The annual reporting date established by a continu-
ously operating applicant for submitting the annual
report in section 20-54.
The applicant shall state that it has not failed to
keep or observe any promised agreement, representa-
tion or commitment with regard to the allocation of
funds, or methods of solicitation made to the
director in connection with any previous applica-tion.
The applicant shall state that it does not intend
to use a specious charitable solicitations campaign
as a means of selling private merchandise or
promoting personal or commercial interests, and
that such solicitation and the method used in the
conduct thereof may jeopardize the health, life and
property of the citizens of the city.
(b) A renewal registration will be issued to those
charities that are renewing their expired registration. A
renewal registration will only be issued within one year from
the date the original registration expired. The renewal regis-
tration will be granted only after an application fee of five
dollars ($5.00) is paid and an application form containing any
information that has changed since the initial registration application was approved is filed with the director.
SECTION 3. THAT Section 20-51 of the Code of Ordinances of the City
of lubbock, Texas, is hereby amended to read as follows:
Sec. 20-51. Conditions of approval.
Upon receipt of the proper application, as provided
herein, the director will issue the registration applied for
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within three {3) working days, if the following conditions are
met:
{1)
{2)
{3)
The applicant or person in charge has not been
convicted of violating any of the terms of this
article.
The applicant has fully supplied all the informa-
tion required in the registration process.
In no event, however, shall the director deny a
registration except for those reasons stated in
section 20-51 and section 20-57 of this article.
SECTION 4. THAT Section 20-54 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-54. Duration of the registrations.
(a) Charitable solicitation registrations are valid
only for the period specified in the registration, which shall
not exceed one {1) year.
(b) Charitable organizations continuously operating on
an annual basis may hold registrations effective for a' one {1)
year period which shall correspond with the fiscal year of the
organization, or such other annual reporting date as is
requested by such organizations.
{c) Charitable organizations may be issued a temporary registration for thirty (30) days upon payment of the applica-
tion fee in full while the application process is being
completed by the applicant.
SECTION 5. THAT Section 20-55 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-55. Registration nontransferable.
No registration issued hereunder shall be assigned.
Nothing in this section shall, however, prohibit a registrant from using a number of solicitors and representatives in
conducting the solicitation.
SECTION 6. THAT Section 20-56 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-56. Revocation of registration.
If after notice and hearing, the director shall determine
that any registrant or any agent or representative of a regis-
trant, has violated any of the terms of the registration, or is
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violating or has violated any of the provisions of this arti-
cle, then it shall be the duty of the director to revoke the
registration. The registrant shall be given at least seventy-
two (72) hours written notice by certified mail of time and place of the revocation hearing. In the event of revocation
the registrant may appeal to the board.
SECTION 7. THAT Section 20-57 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-57. Denial of registration.
An application registration under this article may be
denied only for the following reasons:
(1) Whether the applicant's campaign, as described in
the application to the director, complies with all
applicable state and federal laws and city ordi-
nances; and
(2) Whether the applicant fully completed all the
information required on the application.
SECTION 8. THAT Section 20-59 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 20-59. Reports to be filed.
(a) All persons or organizations registered under this
article shall furnish to the director within thirty (30) days
after the charitable solicitations campaign has been completed,
a detailed report and a financial statement showing the amount
of funds raised by the charitable solicitations campaign, the
amount expended for cost of solicitation or cost of promotion.
The director may extend the time for filing the report for
thirty (30) days for good cause shown.
(b) An organization which is granted an annual solici-
tation registration and which prepared an annual report and financial statement shall be permitted to furnish a copy of
such report and statement to the director within sixty (60)
days after the close of its fiscal year or upon the date speci-
fied by such organization pursuant to section 20-49(a)(ll) in
lieu of the report required by subsection (a) above.
(c) The annual report and memorandum may be submitted through the mail.
SECTION 9. THAT Section 20-60 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows:
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Sec. 20·60. Violation and penalty; enforcement.
(a) Any group, person, organization or corporation that
fails to obtain the registration and conducts a solicitations
campaign shall be in violation of this article. Such violation
shall constitute a misdemeanor and upon conviction thereof,
punishable by a fine not to exceed two hundred dollars
($200.00).
(b) The police department for the City of lubbock shall
enforce this article.
SECTION 10. THAT should any section, paragraph, sentence, phrase,
clause or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected
thereby.
SECTION 11. THAT the City Secretary is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of
July , 1991.
Passed by the City Council on second reading this __ St_h ______ day of
August , 1991.
~~d~ B:it. McMINN, MAYOR
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
R-880
Before me Ton r 1 lit n rr a Notary Public in and for Lubbock County, Texas on this day
personally appeared T.J. Auf111, Account Manai!er oftheSouthwesternNewspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-
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ed copy of the a e i! a 1 n e t 1 c e is a true copy of the original and was printed in the Lubbock
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
R•880
Before me Tonva Ntnrv a Notary Public in and for Lubbock County, Texas on this day
personallyappeared T • ..r. Auftll• Account M•neater · oftheSouthwesternNewspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this ___ .:..le=-lf=aa...:..l__.;:,.;n:...:;o.....;t:...:t:...;c;;_e;;;.._ _________________ _
------.....,.-:::::-:=-.......... =-=....,.,......-:::-::=--No.B22 973 at Lubbock County, Texas and the attached print-
ed copy of the I el!al n_,tlce is a true copy Of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: --,At-urrl!l:htU1tS~t-'11rf0t1tr-'1~9~t<91it't:1---,------------
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