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HomeMy WebLinkAboutOrdinance - 7264-1976 - Ord. Amending Article II Of Chapter 21 Of Ord. Code, By Amending Sec. 21-10 - 05/27/1976., KJ/sf 0 RDINANCE NO. 7261t AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 21 OF THE CODE OF ORDINANCES: CITY OF LUBBOCK, ENTITLED nSOLIClTA TIONS FOR CONTRIBUTIONS", BY AMENDING SECTION 21-10 THEREOF RE- GARDING PURPOSE; AMENDING SECTION 21-11 THEREOF PROVIDING FOR PERMITS AND EXCEPTIONS; AMENDING SECTION 21-12 THEREOF PROVIDING FOR REGULATIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the change in the regulations governing solicitations for contributions, as set forth below, would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 21-10 of Article II, Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended to read as follows: 11Section 21-10. Purpose and intent of article. The purpose of this article is regulatory so as to generally re- quire registration and identification of persons soliciting or selling o behalf of charitable, educational, patriotic, philanthropic or religiouJ 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 unreasonable solicitations and sales scheme promotions designed for profit prim- arily 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 over-riding, over-soliciting, or over-selling by coupling such solicitations and sales with such organizations; and to establish a Review Committee and designate a location where members of the public m~y make inquiry concerning such solicitors. 11 SECTION 2. THAT Section 21-11 of Article II, Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended to read as follows: "Section 21-11. Permit -Required, exceptions. It shall be unlawful for any person within the corporate limits of the city, or on any street or in any office building, or by house to house canvass, or in any other public or private place, by telephone, or personal solicitation to solicit property or financial assistance of any kind for himself or on behalf of any person or organization, or to sell or offer to sell any article, tag, service, emblem, publication, J:lb ticket, advertisement, subscription, or anything of value, or repre- sented value, on the plea or the representation that such sale, or solicitation or the proceeds therefrom, is for a charitable, education[ al, patriotic, philanthropic or religious purpose unless such person shall have first been issued a permit by the city licensing officer as provided by this article and such permit has not expired or been sus- pended or revoked at the time of such solicitation. Provided, however, the provisions of this section shall not apply to any group where the solicitation of such organizations shall be conducted among the mem- bers thereof by other members or officers thereof, voluntarily and without remuneration for such solicitation, or where such solicitation may be in the form of collections or contributions at the regular exerl cises or services of any society, lodge, church, benevolent order or fraternity or similar organization, or any branch thereof. 11 SECTION 3. THAT Section 21-12 of Article II, Chapter 21 of the Co e of Ordinances, City of Lubbock, BE and is hereby amended to read as follows: "Section 21-12. Same -Regulations for administration. (a) The city licensing officer as provided by this article shall adopt such reasonable rules, regulations and requirements as are ne cessary to make effective the purpose, and intent of this article. Such regulations shall be effective only after approval by the City Council. Such regulations shall include a requirement for written application for permit to solicit, with disclosure of such information as is deemed necessary to carry out the intent and purpose of this article, including period of time desired for solicitations, which said written application shall be sworn to by the applicant, or agent or re- presentative thereof. (b) The city licensing officer may, at his discretion. refer ap- plications for permits as required by this article to the solicitations committee of the Better Business Bureau for its review and recom- mendation. The use, by the committee, or any member thereof or any officer or employee of the Better Business Bureau, of any infor- mation in such applications in any of its publications, broadcasts or telecasts shall be considered a breach of confidentiality and is hereb prohibited. The applications shall be returned to the city licensing officer with its written recommendation, after review by the commit- tee. (c) An application for a permit shall be on file thirty (30) days before the issuance of a permit, if such application is approved, in order that a proper investigation can be made. Solicitation shall not commence until the issuance of a permit. J:lb {d) Upon approval of an application the city licensing officer shall issue a license to the applicant along with copies to be carried by eacH person soliciting under such license. SECTION 4. THAT should any section, 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. l SECTION 5. THAT the City Secretary is hereby authorized to cause ublication of the descriptive caption of this Ordinance as an alternative me- thod provided by law. l AND IT IS SO ORDERED. 1 assed by the Council on first reading this 27th day of ___ ___.,M..,a..,.y __ ~• 197~. Passed by the Council on second reading this 22nd day of July • 1976:. TTEST: [reva Phillips, ty Secretary-Treasurer PPROVED AS TO FORM: