Loading...
HomeMy WebLinkAboutOrd 75-1853ORDINANCE NO. 75-1853 AN ORDINANCE REGULATING SOLICITATIONS FOR CHARITABLE, PATRIOTIC, EDUCATIONAL OR PHILANTHROPIC PURPOSES IN THE CITY OF PLAINVIEW; PROVIDING FOR THE CREATION AND OPERATION OF A CHARITABLE SOLICI- TATIONS COMMISSION; REQUIRING A PERMIT TO CONDUCT CHARITABLE SOLI- CITATIONS ON ANY PUBLIC STREET, IN ANY PUBLIC PLACE OR BY HOUSE TO~ HOUSE CANVASS; PROVIDING DUE NOTICE AND ~ARING; EXEMPTING CHURCHES AND RELIGIOUS ORGANIZATIONS; PRO~'~ING FOR THE FILING OF AN APPLICATION FOR A CHARITABLE SOLIO-~TATIONS PERMIT; LIMITING FUND RAISING EXPENSE TO TWENTY-FIVE PER CENT OF THE AMOUNT COL- LECTED; PROVIDING THAT THE PERMIT SHALL BE ISSUED UNLESS THE APPLICANT FAILS TO MEET PRESCRIBED STANDARDS; LIMITING PERMIT TO THREE MONTHS; MAKING PERMITS NONTRANSFERABLE; PROVIDING STANDARDS FOR REVOCATION OF PERMITS; PROVIDING FOR APPEAL DE NOVO TO THE CITY COUNCIL; REQUIRING FINANCIAL AND ACCOUNTING REPORTS FROM PERMIT HOLDERS; PROVIDING ACCOUNTING STANDARDS; MAKING THIS ORDI- NANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE PLAINVIEW CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVI- DING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1 - Charitable Solicitations Commission -- Created; composition, term of members. There is hereby created for the administration of this ordinance a Charitable Solicitations Commission which shall be composed of seven mem- bers who shall serve without remuneration for their services and who shall be appointed by the City Council. Each member of the Commission shall hold office for a term of three years or until his successor is appointed and confirmed. Section 2 - Internal organization; duties. The Commission shall elect a Chairman and a Vice-Chairman from its members and shall adopt rules and regulations for the conduct of its busi- ness. The City Clerk or his delegate shall serve as Secretary of the Commission. Four members of the Commission, exclusive of the Secretary, shall constitute a quorum for the transaction of business. No application for a permit to conduct a charitable solicitations campaign on the streets and in public places in the City of Plainview, Texas, shall be either granted or refused without due notice and hearing. No hearing on any such application shall be held unless and until the applicant shall have been given at least ten days notice in writing of the date, time, place and purpose of such hearing. All parties testifying at such hearing shall be placed under oath by the Chairman or the Secretary of the Com- mission. In general, the rules of evidence in force in the district and county courts in the State of Texas shall be followed. Each party at such hearing shall be given full opportunity to present evidence and wit- nesses. No ex parte testimony given by witnesses not under oath and not subject to cross examination by other parties shall be admitted or con- sidered by the Commission. The findings of the Commission must conform to the evidence adduced at the hearing. Each ruling of the Commission must be supported by "adequate" factual findings based upon the evidence. Section 3 - Permit -- Required. As used in this ordinance, the term "charitable solicitations campaign" shall mean any course of conduct whereby any person, organization, society, association, corporation or any agent, member or representative thereof shall solicit property or financial assistance of any kind or sell or offer to sell any article, tag, service, emblem, publication, ticket, advertise- ment, subscription or any thing of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. It shall be unlawful to conduct any charitable solicitations campaign on the streets or in any public place or bM house to house canvass in the City of Plainview, unless the person, organization, society, association or corporation conducting same and responsible therefor shall first have obtained a permit in com- pliance with the terms of this ordinance; provided, however, that the provi- sions hereof shall not apply to: (a) Any church, congregation, religious society, sect, group or order which solicits funds for religious purposes; or (b) Any organization which solicits funds solely from its own members or from its own assemblies not using public streets or public places for such purposes. Section 4 -- Application; information to be contained. A permit to conduct a charitable solicitations campaign on the streets or in any public place or by house to house canvass in the City of Plainview shall be granted only after notice and hearing upon an application for such permit filed in triplicate with the City of Plainview City Clerk not less than forty-five (45) days prior to the initiation of the proposed charitable solicitations campaign and not less than ten (10) days prior to the date of the hearing. Such application shall be sworn to by the applicant and shall contain the following information: (a) The full name of the organization applying for a permit to soli- cit and the address of the headquarters in the city; 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. (b) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (c) The purpose or purposes for which the gross receipts derived from such solicitations or other activities are to be used. (d) The name of the person or persons by whom the receipts of such solicitation shall be disbursed; if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling amd disbursement of all funds and a detailed and com- plete financial statement of the parent organization for the last preceding fiscal year. (e) The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign. (f) An outline of the method or methods to be used in conducting the charitable solicitations campaign. (g) The period within which such charitable solicitations campaign shall be conducted, including the proposed dates for the beginning and ending of such campaign. -2- (h) The total amount of funds proposed to be raised. (i) The amount of all salaries, wages, fees, commissions, ex- penses and costs to be expended or paid to anyone in connection with such campaign, together with the manner in which such wages, fees, commissions, expenses and costs are to be expended, and the maximum per- centage of funds collected which are to be used to pay such expenses of solicitation and collection. (j) The names of all officers, directors or trustees present when the decisions were made in. reference to subsections (h) and (i) above. (k) by the applicant during the preceding activities described in Section 3, wt the same as those for which the appl~ statement to show the gross amount cc or solicitation, and the final distri A detailed and complete statement of the funds (if any) collected year from solicitations or other ich were the same or substantially cant is seeking a permit, such llected, all costs of collection bution thereof. (1) A full statement of the cha educational, patriotic or philanthrop within the city during the last prece (m) If the applicant is a corpo articles of incorporation from its st applicant is a foreign corporation, business in Texas. (n) If the applicant is a chari tion, proof of its current status as tions are tax deductible for federal racter and extent of the charitable, ic work done by the applicant ding year. ration, a copy of its charter or ate of incorporation; if the copy of its certificate to do table corporation or other organiza- ~n organization to which contribu- ncome tax purposes. Section 5 - Notice of hearing; cpnditions of approval; certification ~--- to City Clerk. Upon receipt of a proper application as provided in Section 4, the City Clerk shall set a time and place for hearing of said application, and such time for hearing shall be at least ten days after the date on which the application is received. ~ T e City Clerk shall notify the applicant of the time and place set f r hearing. In the absence of notice acknowledged by the applicant, the City Clerk shall give written notice to the applicant by depositing same i~ the United States mail in a sealed envelope with sufficient postage attached, addressed to applicant at the address shown on the application. SuCh mailed written notice shall be sufficient if deposited in the United States mail at least ten days prior to the date of hearing. At the conclqsion of the hearing on any such application, the Charitable Solicitations Commission shall authorize and direct the City Clerk to issue the permit applied for unless the Commission finds from a preponderance_of the credible evidence adduced at such hearing that: (a) One or more of the statements made in the application are not true. (b) The applicant or person in qharge of the charitable solicitations campaign has been convicted in a cour~ of competent jurisdiction of a crime involving moral turpitude, or that the applicant or such person has made or caused to be made false s~atements or misrepresentations to any member of the public with regard 4o the charitable solicitations cam- paign or other activities described iq the permit, or has made or caused to be made false statements or misrepresentations in the application or at the hearing on the application, or has in any way publicly represented that the permit granted hereunder is an endorsement or recommendation of the cause for which the charitable solicitations campaign is being con- ducted or has otherwise violated any of the terms of the permit os this ordinance. -3- (c) The applicant's fund-raising expense in any charitable soli- citations campaign conducted by it during any of the three years immediately preceding the date of application exceeded twenty-five per cent (25%) of the gross amount collected. (d) The expected fund-raising expense of applicant in the chari- table solicitations campaign which application for permit is being made will exceed twenty-five per cent (25%) of the gross amount collected based upon accounting data concerning prior campaigns of the applicant and such other evidence as may be adduced at the hearing. (e) Applicant has failed to keep or observe any promise, agreement, representation or commitment with regard to the allocation of funds or methods of fund-raising or solicitations made to the Charitable Solicitations Commission in connection with any previous application. Section 6 -- Issuance. Upon receipt of written authorization and direction from the Charitable Solicitations Commission as provided in Section 5 or upon notification of action by the City Council of the City of Plainview in connection with any appeal from a decision of the Charitable Solicitations Commission as provided in Section 10, the City Clerk shall issue a permit to conduct a charitable solicitations campaign for the period and in the manner authorized by the Charitable Solicitations Commission or the City Council. Section 7 -- Duration. The .Charitabl~ Soli~lations Commission shall determine from the application and from a preponderance of the credible evidence adduced at the hearing the period during which the applicant shall be permitted to conduct its charitable solicitat%ons campaign; provided, however, that such period shall not exceed three calendar months. Any extension of such period shall be granted only upon the filing of an application and after notice and hearing of the same kind and character as is required for the original permit. Section 8 -- Nontransferable. Any permit issued hereunder shall be personal to the applicant and shall not be assigned or transferred to any other person, firm, corpora- tion or association. Any such attempted assignment or transfer shall render the permit void. However, nothing in this section shall prohibit a permittee from using the number of solicitors and representatives specified in the permit. Section 9 -- Revocation. If, after notice and hearing, the Charitable Solicitations Commission shall determine and make findings of fact that any permit holder or any agent or representative of a permit holder is making or has made any false statements or misrepresentations to any member of the public with regard to the campaign of solicitations or other activities described in the permit, or has made false statements or misrepresentations in the application or at the hearing on the application, or has in any way publicly represented that the permit granted hereunder is an endorsement or recom- mendation of the cause for which the charitable solicitations campaign is being conducted, or has violated any of the terms of the permit or has otherwise violated the provisions of this ordinance, then it shall be the duty of the Charitable Soli~ations Commission to revoke the permit; provided, however, that the permit holder shall be given at least twenty- four hours written notice that a hearing on the revocation is to be held, -4- and provided further that such hearing on the revocation shall be conducted under the same rules as the hearing on the application. Section 10 -- Appeal from decisions of Charitable Solicitations Commission. Every applicant shall have the right to appeal to the City Council from any adverse decision or ruling of the Charitable Solicitations Commission. Such appeal, if taken, must be in writing addressed to the City Council and filed with the City Clerk within ten days after the date of the decision or ruling appealed from. The City Council shall hold an open public hearing on such appeal at either a regular or special meeting of that body after furnishing notice of such hearing to the applicant and appellant as provided in Section 5 for the original hearing. The appeal shall be de novo, and the hearing shall be conducted by the City Council in accordance with the same rules as are prescribed for~the hearing before the Charitable Solicitakions Commission. Section 11 -- Reports to be filed. Ail persons or organizations issued permits under this ordinance shall furnish to the Commission, within thirty days after the charitable solicitations campaign has been completed, a detailed report and financial statement showing the amount of funds raised by the charitable solicitations~ampaign, the amount expended in collecting such funds, including a detailed report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the campaign; provided however, that the Commission may extend the time for filing of the report required by this section for an additional period of thirty days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the Commission, or to any person designated in writing by the Commission as its representative for such purpose, all books, records and papers whereby the accuracy of the report required by this section may be investigated. Ail financial statements and reports and all applications sub- mitted by any applicant or permit holder hereunder, and all determina- tions, findings and rulings involving accounting procedures made by either the Charitable Solicitations Commission or by the City Council shall be prepared, made and interpreted in accordance with the accounting standards and practices set out in Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations, copyright 1964, National Health Council, National Social Welfare Assembly, which is incorporated herein by reference and a copy of which shall be maintained On file in the office of the City Clerk of the City of Plainview. Section 12 --Agents and solicitors for charitable solicitation p~rmit holders. Ail persons to whom permits have been issued under this ordinance shall furnish proper credentials to their agents and solicitors for such charitable solicitations campaign. Such credentials shall include the name of the permit holder, the date, a statement describing the holder's chari- table, educational, patriotic or Philanthropic activity, a description of the purpose of the solicitation, the signature of the-permit holder or of the holder's chief executive officer, and the name, address, age, sex, and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this o~dinance~withOut the..credentials~r~quire~ by this section and a facsimile copy of the permit in his possession. The -5- credentials and facsimile copy of the permit shall be shown, upon request, to all persons solicited and to any police officer Of hhe city. No agent or solicitor shall conduct or participate in any chari- table solicitations campaign except under a valid permit issued in compliance with this ordinance. Section 13 -- Responsibility for acts of solicitors. The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of his authorized representatives in connection with such campaign. Section 14 -- Public inspection of records. Ail applications, all records of hearing, all permits or rulings of either the Charitable Solicitations Commission or the City Council and all instruments filed in connection with any application or hearing shall be public records. Section 15 -- Ordinance enacted as governmental function. All of the regulations provided for in this ordinance are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, the Charitable Solicitations Commission, any city official or employee, or any person charged with the enforcement of this ordinance, acting for the city in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any such official or employee because of such act performed by him in the enforcement of any provision of this ordinance shall be defended by the City Attorney until the final adjudication of the proceedings. Section 16 -- Certain methods of solicitation prohibited. The following methods of solicitation are and shall be prOhibited within the city: (a) Solicitations by telephone by persons employed and paid pri- marily for that purpose. (b) Solicitation by means of coin or currency boxes, or receptacles, except: (i) When each such box or receptacle is serially numbered and the Commission advised of the number and location of each; and (2) When each~such box or receptacle is the responsibility of a bona fide member, agent, or solicitor of the soliciting organization; and (3) When such responsible person is required to pick up each box or receptacle at the end of the solicitation period; and (4) When the use of such boxes and receptacles in the solicitation is expressly authorized by the Commission; and -6- (5) When such responsible person has no more than a reasonable number of such boxes or receptacles for which he must account. Section 17 -- Repeal. All ordinances or parts of ordinances of the City of Plainview in direct conflict with the provisions of this ordinance are hereby repealed. Section 18 -- Savings Clause. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitu- tional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or '~uncon~titutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. Section 19 -- Penalty. That any person, firm or corporation violating any of the provisions of this ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each day's violation thereof shall constitute a separate offense. Section 20. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. Passed and approved this the -~2th day of AuKus.t A. D. 1975. / ~~t_~Mayor of the clt~.~ t~l~vie~~w/ ATTEST: M. L. REA City Clerk