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HomeMy WebLinkAboutOrdinance 1957 DO NOT GIVE OUT THIS COPY It should be retained to. make other copies on the Thermofax, as the original is in poor condition and cannot be used. ORDINANCE NO. 1957 AN ORDINANCE TO REGULATE AND TO PERMIT SOLICITATIONS FOR CHARITABLE, PATRIOTIC, RELIGIOUS, EDUCATIONAL OR PHILANTHROPIC PURPOSES IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR THE CREATION AND FUNCTIONING OF A CHARITY SOLICITATIONS COMMISSION; DESIGNATING A TIME WHEN IT SHALL BECOME EFFECTIVE; CONTAINING A SAVING CLAUSE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. PERMIT NECESSARY.— It shall be unlawful for any person, organization, society, association or corporation, or for any agent, member or representative thereof, to solicit property or financial assistance of any kind, to sell or offer to -sell any article, tag, service, emblem, publication, ticket, advertise- went, subscription or anything of value on the plea or the representation that such sale or solicitation, or the proceeds thereof, is for a charitable, educa- tional, religious, patriotic or philanthropic purpose, on the streets, in any office building, by house to house canvass, or in any other public or private place, by telephone, personal solicitation, in the City of Fort Worth, unless such person, organization, society, association or corporation shall have first been duly permitted as herein provided in this ordinance. Provided, however, that the provisions of this section shall not apply to any established society, association or corporation that is organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where the solicitation of such organization shall be conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for such solicitation, or where such solicit- ation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or frater- nity or similar organization, or of any branch thereof. SECTION 2. CHARITY SOLICIATIONS COMMISSION CREATED. -- There is hereby created for the administration of this ordinance a Charity Solicitations Commission which shall be composed of seven (7) members who shall serve without remuneration for (1) such services and who shall be appointed by the City Manager by and with the consent of the City Council. Each member of said Commission apnointed by the City Manager shall hold office for a term of one (1) year or until his successor l.s appoint,d and confirmed. The CitY Manager 3haselect five (5) of the appointees hereunder from the following organizations, naming a represent— ative of each to said Commission: Retail Merchants Association, Better Business Bureau of Fort Wbrth, Inc., Fort Worth Advertising Clubo Manufacturers Bureau., and Fort Worth Ministerial Alliance. The other members of the Commission shall tonsist of the Chief of Police and City Attorney of said City or members of their staff appointed by said City Officials. Any vacancies occurring shall be filled in the same manner as provided for in the original appointment. SECTION 3. COMMI33ION ORGANIZATION. -- That the Commission shall elect a Chairman anl 3ecretary from its membership and shall adopt rules and regulations for the co>_ duct of its business and the times and places of its meetings. Four (4) members of said Commission shall constitute a quortun for the transaction of business. SECTION 4. APPLICATION. written application for a permit to solicit for any cause whatever as provided in Section 1 of this ordinance shall be sworn to and filed with the 3ecretary of the City "o£` Fort Worth, who shall refer it to the Charity Solicitations Commission for action, and said application shall contain the folloWl— ing information: (a) Name of organization applyino for a permit to solicit and the address of its headquarters. (b) Names mid addresses of its principal officers and managements. (c) The purpose for which any receipts derived from such solicitation are to be used. (d) The name of the person or persons by whom the raceipts of such solicitation shall be disbursed. (e) The name and address of the person or persons who will be in direct charge of conducting this solicitation. () An outline of the method or methods to be used in conducting the solicitation. (g) The time when such Solicitations shall be malleo giving the proposed dates for the beginning and ending of such Solicitations. (h) The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to anyone in connection with sush solicitation, together with the manner in which such wages, feeso expenses, con>_ missions or emoluments are to be expended, to whom paid, and the amount thereof. (2) Q) A financial statement for the last preceding fiscal year of any funds collected for the purposes set out in Section I hereof by the organization or persons seeking a permit for such solicita— tion, said statement QvAng the amount of money so raised, together with the cost of raising it, and the final distribution thereof. 00 A full statement of the character and extent of the charitable, religious, educational or philanthropic work being done by the appli— cant organization within the City of Fort Worth. (k) Such other information as may be required by the Charity Solicita— tions Commission in order for such Commission to fully determine the kind and character and worthiness of the proposed solicitations and as to whether or not such solicitation is in the interest of protecting the health, life and property of the citizens of Fort Worth and in the interest of preserving and enforcing good gover�ni_ ment and for the security of the City of Fort Worth and its inhabitants. SECTIOM 5. !NVESTTGATION; CONDITIONS OF APPROVAL OF APPLICATION; CERTIFICATION TO THE CLERK. -- Upon receipt of an application as provided in Section 4 hereof, the Charity 3olicitations Commission shall make or cause to be made such investigation as shall by the Commission be deemed necessary in regard thereto, in order to determine that suchproposed solicitation is in fact to be conducted for a worthy charitable, educational, religious, philanthropic or patriotic purpose, and that the proceeds from such solicitation shall be so used, and if the Commission shall be satisfied that such cause for which such solicitation is to be made is in fact for a worthy charitable, educational, religious, patriotic or philanthropic pur— pose arid that the nroceeds derived from such solicitation will be used for such purpose, and that not more than 20% of the gross proceeds from such solicitation, shall be used in the promotion expenses of such solicitation and that such solicit— ation is not promoted or conducted primarily for private profit of its promoters, and that such soliciation will not be incompatible with the protection of health, life and property of the citizens of the City of Fort Worth, Texas, then the Com— mission shall approve such application and shall certify such fact to the City Clerk of the City of Fort Worth. SECTION 6. PERMIT ISSUANCE. -- Upon receipt of written notification of approval from the Charity Solicitations Commission, as provided in Section 5 hereof, the City Clerk shall issue a permit to such applicant for the period designated in such notification. SECTION 7. PERMIT DURATION AND RENEWAL. -- The Charity Solicitations Commission shall determine from the application and from such facts as may be developed in connec— tion with suoh application the period for which such permit Mall be approved and granted, provided that such period shall not exceed three (3) calendar months; and (3 the Commission shall certify to the City Secretary the period for which said Secretary shall issne said permit, provided, however, that upon furtherappli— cation, information or reports, as it may deem necessary to safeguard the interests of the public and carry out the purposes of this ordinance, the Com— mission may renew and extend such per for additional periods, not to exceed three (3) calendar months. SECTTON REQUTRTUG REPORTS. -- The Charity Solicitations Comnission may require from any permittee hereunder any reports or information at any time and at such intervals as in the discretion of the Commission shall be necessary for the successful administration of the provisions of this ordinance and the prction of the health, life and property of the citizens of the City of Fort Worth.ote SECTION 9. PERMIT NON—TRANSF ERABLE.-- Any permit approved and issued under this ordi— nance shall be non—transferable, provided, however, t,halt this shall not prevent any permittee from using any number of solicitors and representatives as shall be reported to the Commission. SECTION 10. REVOCATION OF PERMIT. -- If, upon receipt of written information or upon its own investigation, the Charity Solicitations Commission shall find that any agent or representative of the permittee is misrepresenting or making untrue statements with regard to the solicitation, or has made untrue statements in the application, or that in any other way the solicitation has been conducted or is being conducted in a manner inimical to the protection of the itith, life and property of the citizenof the City of Fort Worth and not in conformity with the intent and purpose of this ordinance, or representing in any way that any permit granted hereunder is an endorsement of such solicitation, then it shall be the Uty of the Charity Solicitations Commission to revoke said permit, pro— vided, however, that before any permit is revoked, the said Comm issdon shall give the permittee twenty—four (24) hours' notice in writing that a hearing is to be had, and that at saii hearing the %mmissicn shall ascertain the facts, and if any reasons above set forth for revoking the permit are found to exist, the permit shall be revoked. SECTICH U. FENALTY.-- Any person, organization, society, association or corporation, or any agent or representatiye thereof, who shall violate any provision of this or shall be guilty of an offense, and upon ocnviction shall be fined (4) not to exceed Two Hundred Dollars ($200.00). Each ya ® continuance of any violation of this ordinance shall constitute a separate offense. SECTION 12. APPEAL. -- An appeal from any act of the said Commission in granting, re- fusing or revoRing any permit may be taken to the City Council within ten (10) days. SECTION 13. If any part of this ordinance or any rule, regulation or requirement herein shall be held to be invalid by a court of competent JuTisdiction, such invalidity' shall not affect the validity of any other part or section, or other rule, regula- tion or requirement herein. SECTTON 14, EMERCENCY. -- Whereas, it being immediately necessary for the preservation of the peace, health and safetyof Fort Nbrth and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist,, by reason whereof this ordinance shall take effect and be in full force from and after its passage and publication as provided by law. ADOPTED by the City Council on Wednesday, June 23, 1937. PUBLISHED in the Fort Worth Star-Telegram on June 25, 26, 27, 28 29, 1937.