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HomeMy WebLinkAboutOrdinance - 8872-1985 - Ordinance Amending Chapter 20 By Amending The Language Of Article IV - 12/13/1985DGV:js First Reading December 13, 1985 Agenda Item #4 Second Reading January 9, 1986 Agenda Item #9 ORDINANCE NO. 8872 AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF ARTICLE IV PERTAINING TO CHARITABLE SOLICITATIONS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Lubbock has been heretofore enjoined from enforcement of Article IV, Chapter 20, of the Code of Ordinances of the City of Lubbock pursuant to the judgment in Holy Spirit Association v. Alley, 460 F.Supp. 346 (N.D. of Texas, 1978); and WHEREAS, the City Council of the City of Lubbock has continued to observe a very real local need to prevent interference with the lives of citizens of the City of Lubbock both at home and at work by specious charitable solicitations campaigns; and WHEREAS, it is the desire of the City Council of the City of Lubbock to provide a means of obtaining information about those persons soliciting funds for charitable purposes from the citizens of the City of Lubbock while placing minimum burden upon persons conducting such solicitations; and WHEREAS, in view of the above stated purpose, the City Council of the City of Lubbock finds that it would be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to provide a new charitable solicitations ordinance; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Article IV, Chapter 20, of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: ARTICLE IV: SOLICITATIONS FOR CONTRIBUTIONS DIVISION 1. GENERALLY Sec. 20-46. Purpose and Intent of article. The purpose of this article is regulatory so as to generally require registration and identification of persons soliciting or selling on behalf of charitable, educational, patriotic or philan- thropic organizations; and insofar as is reasonably possible by the method herein established, to protect the health, life, property and welfare of the citizens of the city against unwarranted and unreason- able solicitations and sales scheme promotions designed for profit primarily to the promoters, and secondarily to any such organization which may lend its name for such purpose; to lessen the possibility of unauthorized or unscrupulous persons overriding,~over-soliciting or overselling by coupling such solicitations and sales with such organizations; and to establish a licensing officer and designate a location where members of the public may make inquiry concerning such solicitors. Sec. 20-47. Definitions. In this article: 1. "Charitable, educational, patriotic or philanthropic purpose" shall mean the use, actual or represented, of money or property for any of the following purposes: (1) For the benefit of any poor, underprivileged, needy, sick, or handicapped person; (2) For patriotic purposes such as the teaching of patrio- tism; (3) For the benefit of any veteran or veteran's organiza- tion or association; (4) For the defense or general welfare of the United States, or any state or nation; (5) For the relief of any race or group of people; (6) For civic purposes such as social or cultural functions or the improvement or beautification of any state, city or community; (7) For the benefit of any fraternal or social organiza- tion, or any member or group of members of such organization; (8) For the benefit of existing educational institutions or for the establishment or endowment of educational institutions, or for the aid and assistance in the education of any person or group of persons. 2. "Charitable solicitation campaign" shall mean: (1) Any course of conduct whereby any person shall solicit money or property on the plea of representation that the proceeds therefrom are for any charitable, educa- tional, patriotic or philanthropic purpose; or (2) Any course or conduct whereby any corporation chartered under the Texas Nonprofit Corporation Act, or any of its agents, solicits money or property; or - 2 - (3) Any course of conduct whereby any person shall solicit money or property for an organization which is organ- ized for any charitable, educational, patriotic or philanthropic purpose. 3. "Board" shall mean the Permit and License Appeal Board of the City. 4. "Cost of solicitation" shall mean all costs incurred in raising the funds solicited, including compensation paid to a professional promoter or professional solicitor, but shall not include the following: (1) The cost of giving or holding a show, benefit, dance, bazaar, dinner, sporting or social event, or other similar event; (2) The cost of making or acquiring goods or commodities to be sold or used as prizes; (3) The cost of maintaining offices and staff on an annual basis. 5. 11 Cost of promotion" shall mean all costs incurred in ra1.s1ng the funds solicited, including the cost of solicitation. 6. "Director" shall mean the individual appointed by the City Manager to administer the ordinance and issue the permits. 7. "Organization" shall include associations, clubs, societies, firms, partnerships and corporations as well as individuals or groups of individuals. 8. "Professional promoter" or "professional solicitor" shall mean a person who, for compensation, plans, promotes, conducts, manages, carries on, or makes solicitations for any charitable solicitations campaign. A bona fide officer, regular or temporary salaried employee of a charitable, educational, patriotic or philanthropic organization shall not be deemed a professional promoter or professional solicitor by reason of his participation in a charitable solicitations campaign by or behalf of his employer. 9. "Solicit" or "solicitation" shall mean the following methods of securing or attempting to secure money or property: (1) Any oral or written request; (2) The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement or publication; -3 - (3) The making of any announcement through the press, radio, television or by telephone or telegraph concern- ing an appeal, assembly, athletic or sporting event, bazaar, benefit campaign, contest, dance, dinner, entertainment, exhibition, exposition, party, perfor- mance, picnic, sale, social gathering, or similar event which the general public is requested to patronize, or to which the general public is requested to make contributions; (4) The sale, or the offer or attempt to sell any adver- tisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, or other thing. A solicitation shall be deemed completed when made, whether or not the person making the solicitation receives any money or property, or makes any sale. Sec. 20-48. Permit Required. It shall be unlawful to conduct any charitable solicitations campaign in the City of Lubbock unless the person, organization, society, association, or corporation conducting same and responsible therefor shall first have obtained the permit in compliance with the terms of this division, 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 religious purposes and possesses a valid certificate of exemption from federal income taxes as an organization described in Section 501(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 register with another government entity including federal, state, or county agencies. The filing of tax reports or other corporation reports to authorities shall not constitute such registration. Such agencies shall include Texas Tech University, Lubbock Independent School District and all other school districts, universities and not for profit - 4 - hospitals. The Director may periodically request lists of such registered individuals or organizations from other government agencies in order to make the registrations public. Sec. 20-49. Initial application, information to be contained. An initial permit to conduct a charitable solicitations campaign in the City of Lubbock shall be granted only after an application fee of $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. Such application shall be sworn to by the Applicant, and shall contain the following information: 1. The full name, telephone number, street address and mailing address of the organization applying for the permit to solicit, and if the organization is a chapter or other affiliate of an organization having its principal office outside the city, the name and address of the parent organization. 2. The purpose or purposes for which the gross receipts derived from such charitable solicitations campaign are to be used. 3. The name and telephone number of the person or persons by whom the receipts of such solicitations shall be disbursed. 4. The name, telephone number and address of the person or persons who will be in charge of conducting the charitable solicitations campaign in the City of Lubbock. 5. A brief outline of the method or methods to be used in conducting the charitable solicitations campaign. 6. The period within which such charitable solicitations campaign shall be conducted, including the proposed date for the beginning and end of such campaign(s). 7. The total amount of funds proposed to be raised. B. The maximum percentage of funds to be collected which are intended to be used to pay the cost of promotion. 9. If a professional promoter or professional solicitor 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. -5 - 10. If applicant is a charitable corporation or other organiza- tion, an indication of its current status as an organization to which contributions are tax deductable for federal income tax purposes. 11. The annual reporting date established by a continuously operating applicant for submitting the annual report in Sec. 20-54. A renewal permit will be issued to those charities that are renewing their expired permit. A renewal permit will only be issued within one year from the date the original permit expired. The renewal permit will be granted only after an application fee of $5.00 is paid and an application form containing any information that has changed since the initial permit application was approved is filed with the director. Sec. 20-50. Sponsorship disclosure. In addition to the aforementioned application, all applicants must submit to the director, letters of authorization from all non-affiliated charities benefiting, directly or indirectly, from the solicitation campaign(s) to be conducted by the applicant. Sec. 20-51. Conditions of Approval. Upon receipt of the proper application, as provided herein, the director will issue the permit applied for within three (3) working days, if the following conditions are met: 1. The applicant or person in charge of the charitable soli- citations campaign has not been convicted of a misdemeanor involving moral turpitude or a felony, or that the applicant ~ or such person has not made or caused to be made false statements or representations to any member of the public with regard to the charitable solicitations campaign, or other activities described in the permit, or has not made or caused to be made false statements or misrepresentations in the application or in any way publicly represented that the permit hereunder is an endorsement or recommendation of the cause on which the charitable solicitations campaign is being conducted, or has otherwise violated any of the terms of this article. 2. The applicant has not failed to keep or observe any promised agreement, representation or commitment with regard to the allocation of funds, or methods of solicitation made to the director in connection with any previous application. 3. The applicant does not intend to use a specious charitable solicitations campaign as a means of selling private merchandise or promoting personal or commercial interests, - 6 - . . . ' 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. 4. In no event, however, shall the director deny a permit except for those reasons stated in Sec. 20-51 snd Sec. 20-57 of this Ordinance. Sec. 20-52. Disclosure to the public. Any and all solicitors must disclose the tax exempt status of the soliciting organization upon request to all persons solicited. Sec. 20-53. Disclosure by Paid Telephone Solicitors. Any organization conducting a campaign involving the use of paid telephone solicitors must comply with the following: 1. Provide to the director, as part of the application for a permit, a copy of its proposed disclosure statement which is to be read by all telephone solicitors. The statement must state that "City Ordinance requires me to disclose to you that approximately (the percentage of funds stated in the application) percentage of the solicited funds will go for fund raising and approximately (the percentage of funds stated in the application) will actually go to (the cha- rity). I also must inform you that I am a compensated solicitor. further information is available from the director upon request." 2. Such disclosure statement must be read prior to any other statement made in the course of the solicitation, other than a brief statement identifying the caller and the organiza- tion represented. 3. All telephone solicitors will comply with reading only the statement provided to the director as to disclosure, and no other. The organization must provide s copy of the disclo- sure statement to sll telephone solicitors, fully explain to all telephone solicitors the disclosure requirement of this Ordinance, and monitor compliance with same. 4. Allow an authorized representative of the director access to the premises where the solicitation is being conducted so that the director csn monitor compliance with the disclosure requirements of this Ordinance. 5. Sign a statement acknowledging that the applicant knows that if any of the above terms and conditions are not met, that the organization's solicitation permit is subject to revocation by the director as provided in this Ordinance. - 7 - Sec. 20-54. Duration of the permit. 1. Charitable solicitation permits are valid only for the period specified in the permit, which shall not exceed one (1) year. 2. Charitable organizations continuously operating on an annual basis may hold permits effective for a one (1) year period which shall correspond with the fiscal year of the organiza- tion, or such other annual reporting date as is requested by such organizations. Sec. 20-55. Permit nontransferable. No permit issued hereunder shall be assigned. Nothing in this Section shall, however, prohibit a permittee from using a number of solicitors and representatives in conducting the solicitation. Sec. 20-56. Revocation. If after notice and hearing, the director shall determine that any permit holder, or any agent or representative of a permit holder, has violated any of the terms of the permit, or is violating or has violated any of the provisions of this division, then it shall be the duty of the director to revoke the permit. The permit holder 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 revoca- tion the permittee may appeal to the Board. Sec. 20-57. Denial or revocation of a permit. An application for permit 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 ordinances; and 2. Whether the applicant fully completed all the information required on the application. Sec. 20-58. Certain conditions of solicitations. 1. Solicitations which involve the selling of tickets to an event where the ticket sales will exceed the capacity of the facilities where the event is to be held are prohibited. 2. Solicitations from motorists on public streets or highways is prohibited. - 8 - • < Sec. 20-59. Reports to be filed. 1. All persons or organizations issued permits under this division 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. 2. An organization which is granted an annual solicitation permit 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 Sec. 20-49(11) in lieu of the report required by subsection (1) above. 3. The annual report and memorandum may be submitted through the mail. Sec. 20-60. Violation. 1. Any group, person, organization or corporation that fails to obtain the permit and conducts a solicitations campaign shall be in violation of this division. Such violation shall constitute a misdemeanor and upon conviction thereof, punishable by a fine not to exceed Two Hundred Dollars ($200). 2. The police department for the City of lubbock shall enforce this article. SECTION 3. THAT violation of any prov1s1ons of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) as provided in Section 1-4 of the City Code. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. - 9 - SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 13th Passed by City Council on second reading this 9th ALAN ATTEST: APPROVED AS TO CONTENT: ~' ~ministrative Assistant to the City Manager APPROVED AS TO fORM: -10 - December , 1985• ___,...;;;,;,;.;:;;.;;;;.;;....__, 1985 • LUBBOCK ART ASSOCIATION SUMMARY OF OPERATIONS COMPARED WITH BUDGET • YEAR ENDED MAY 31, 1989 \ ACTUAL BUDGET RECEIPTS Dues * 4,144.38 2,800.00 Art Sales -Commissions 279.71 400.00 Profit on Shows (Loss) Classic (1988) 699.06 250.00 Classic (1989) 145.41 Membership 8.19 200.00 Photo 85.72 -o-Gala (250.00) (240.00) Merit Invitational (327.92) (185.00) l Sculpture (17 .69) Past Presidents -o-(210.00) Net 342.77 (185.00) Contributions 80.00 Interest 1,704.55 1,600.00 Old Checks Voided 128.50 Total Receipts 6,679.91 4,615.00 DISBURSEMENTS Loss on Workshops Wilkes (175.00) Swinney 12.00 r-, Dawson 892.02 Total 729.02 -o-Postage 528.00 500.00 Supplies and Printing 829.70 400.00 Salaries 2,668.00 2,750.00 Mileage 41.20 70.00 Linda's Insurance 109.50 Dues and Subscriptions 131.50 50.00 Bond Premium 150.00 200.00 Scholarships 140.00 100.00 Miscellaneous 111.95 100.00 1 Pay on Copier 500.00 Educational Program 196.94 Stools 55.40 Advertising 129.90 Total Disbursements 6,321.1l 4,170.00 NET GAIN FOR YEAR 358.80 445.00 * Dues Income includes $1,720.00 received in May, 1989, for year 6/1/89 -5/31/90. CASH ON HAND 6/1/88 24!005.00 CASH ON HAND 5/31/89 Checking 4,363.80 ' Savings 20,000.00 ' Total 24~363.80 .. ~1'2 ~~ Date Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK M2320-R97 Before me Theo Sel!ebie I a Notarv Public in and for Lubbock Countv. Texas on this dav personally appeared Twil a AufiJJ, Account Manal!er of the S~uthwestern Newsp~­ pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been P-Ublished continuously for more than fifty-two weeks prior to the first insertion of this lei! a I Not ice --------------No. 719 838 at Lubbock County. Texas and the attached print- ed copy of the le.:!a I Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal Qll the following dates: 1/11,18/86 271 w@ .76 = $205i96 Account M nal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 20thday Qf JanuarY ~. 19~ FORM.SS-10