Loading...
HomeMy WebLinkAboutOrdinance 4753 ORDINANCE N0,l-7Zo AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF FORT WORTH, 1950, BEING A CHAPTER REGULATING AND PERMITTING SOLICITATIONS FOR CHARITABLE, PATRIOTIC, RELIGIOUS, EDUCATIONAL OR PHILANTHROPIC PURPOSES IN THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR THE CREATION AND OPERATION OF A CHARITABLE SO- LICITATIONS COMMISSION; DESIGNATING A TIME WHEN IT SHALL BECOME EFFECTIVE; CONTAINING A SAVINGS CLAUSE AND PROVIDING A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE INSOFAR AS THEY MAY CON- FLICT WITH THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CF 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 representa- tive thereof, to solicit property or financial assistance of any kind, to sell or offer to sell any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or the repre- sentation that such sale or solicitation, or the proceeds thereof, is for a charitable, educational, 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, radio, television, mail or personal solicitation, in the City of Fort Worth, unless such person, organ- ization, society, association or corporation shall have first been duly permitted as herein provided in this ordinance, provided, however, that the provisions of this ordinance shall not apply to: (a) Any church, congregation, religious society, sect, group or order which solicits funds for its own use solely from its own members, or from its own congregation; (b) Any fraternal, social, patriotic, cultural or educational organization which solicits funds solely from its own members, or from its own assemblies. SECTION 2. CHARITABLE SOLICITATIONS COMMISSION CREATED -- There is hereby created for the administration of this ordinance a Charitable Solicitations Commission • a L which shall be composed of seven (7) m embers who shall serve without re- muneration 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 (3) years or until his successor is appointed and confirmed, except that three (3) mem- bers of the initial Commission hereunder shall be appointed for three (3) year terms, two (2) members for two (2) years, and two (2) members for one (1) year terms, thus providing for staggered terms, SECTION 3. COMMISSION ORGANIZATION -- The Commission shall elect a Chairman, a Vice-Chairman and a Secretary from its membership and shall adopt rules and regulations for the conduct of its business. Four (4) members of the Com- mission shall constitute a quorum for the transaction of business. Commission meetings shall be held on the second Tuesday of each month, at which time applications received not less than ten (10) days prior to the meeting and thirty (30) days prior to the initiation of the proposed solicitation shall be acted upon. The thirty (30) day waiting period may be waived by the Com- mission for adequate cause shown. SECTION 4. APPLICATION -- A 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 in triplicate with the Secretary of the City of Fort Worth not less than thirty (30) days prior to the initiation of the proposed solicitation and ten (10) days prior to the meeting date of the Commission. The City Secretary shall refer two (2) copies of the application to the Charitable Solicitations Commission for action. Said application shall contain the following informa- tions (a) The name of the organization applying for a permit to soli- cit and the address of the headquarters in Fort Worth; if the organization is a chapter or other affiliate of an organi- zation having its principal office outside Fort Worth, the name and address of the parent organization. (b) The names and addresses of all officers and directors or trustees of the organization; name and city of residence of all officers, directors or trustees of the parent or- ganization, if any. (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 receipts of such solicitation shall be disbursed, if the receipts are transmitted to a parent organization for further disburse- ment, detailed information on the methods of handling and disbursement of all funds and a detailed and complete fi- nancial 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 direct charge of conducting this solicitation. (f) An outline of the method or methods to be used in conducting the solicitation. (g) The period within which such solicitation shall be made, including the proposed dates for the beginning and ending of such solicitation. (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 con- nection with such solicitation, together with the manner in which such wages, fees, expense, commissions and costs are to be expended, and the maximum percentage of funds collected which are to be used to pay such expenses of solicitation and collection. (�) The names of all officers, directors or trustees present when the decisions were made in reference to sub-section (h) and (i) above. t (k) A detailed and complete financial statement for the last preceding fiscal year of any funds collected for the purposes set out in Section 1 hereof by the organi- zation or persons seeking a permit for such solicita- tion, said statement giving the amount of money so raised, together with the cost of raising it and the final distribution thereof. (1) A full statement of the character and extent of the charitable, religious, educational or philanthropic work done by the applicant organization within the City of Fort Worth during the last preceding fiscal year. (m) If the applicant is a charitable corporation, a copy of its charter from the State of Texas as a charitable corpora- tion. (n) If the applicant is a charitable corporation or other organization, proof of its current status as an organi- zation to which contributions are tax deductible for federal income tax purposes. (o) Such other information as may be required by the Chari- table Solicitations Commission in order for such Commission to determine fully the kind of character and worthiness of the proposed solicitation and whether or not such solici- tation 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 government and for the security of the City of Fort Worth and its inhabi- tants. The application shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths, if a partnership, by a member of the firm; if a corporation, trust or association by one of its officers or trustees. Immediately above his signature, the individual signing shall write out the following statement in his own handwriting: "I have carefully read the foregoing application and swear that every statement made therein is true and correct." SECTION 5. RESTRICTIONS AGAINST CERTAIN METHODS OF SOLICITATION -. The following methods of solicitation are and shall be prohibited within the City of Fort Worth: (a) Solicitations by telephone by persons employed and paid primarily for that purpose, except of salvable property. (b) Solicitations from patrons at any theater where admissions are charged for the privilege of attending. (c) Solicitations by children under fourteen (14) years of age except where both of the following exist: (1) The children are members of the organization for whose benefit the solicitation is made; and, (2) All funds so solicited, less permissible costs, are to be expended primarily for the direct bene- fit of children. (d) Delivery by mail or otherwise of any unordered merchandise, except "seals". (e) Solicitation by means of coin or currency boxes or recep- tacles, except: (1) 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 responsi- bility of a bona fide member, agent or solicitor of the soliciting organization; (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 Com- mission; and (5) When such responsible person has no more than a reasonable number of such boxes or receptacles for which he must account. SECTION 6. INVESTIGATION: CONDITIONS OF APPROVAL CF APPLICATION: CERTIFICATION TO THE CITY SECRETARY -- Upon receipt of an application as provided in Section 4 hereof, the Charitable Solicitations Commission shall make or cause to be made such investigation as shall by the Commission be deemed necessary in regard thereto. As a result of its investigation and action the Commission may certify to the City Secretary of the City of Fort Worth its approval to issue a permit, provided all other provisions of this ordinance are complied with and unless one or more of the following facts is found to exist: (1) That one or more of the statements made in the application is not true; (2) That the applicant is not a responsible person of good character and reputation for honesty and integrity, or if the applicant is not an individual person, that an officer or agent of the applicant is not a responsible person of good character and reputation for honesty and integrity; (3) That the control and supervision of solicitations on behalf of the applicant will not be under responsible and reliable persons; (1+) That the applicant is or has engaged in a fraudulent trans- action or enterprise; (5) That a solicitation on behalf of the applicant would be a fraud upon the public; (6) That the cost of solicitation for a charitable solicitation made in the City of Fort Worth during any of the three (3) years immAdiately preceding the date of application exceeded twenty (20) percent of the gross amount raised; (7) That the expected cost of solicitation will exceed fifteen (15) percent of the expected gross amount to be raised; (8) That such solicitation will be incompatible with the pro- tection of health, life and property of the citizens of the City of Fort Worth, Texas. SECTION 7. PERMIT ISSUANCE -- Upon receipt of written notification of approval from the Charitable Solicitations Commission, as provided in Section 6 hereof, the City Secretary shall issue a permit to such applicant for the period desig- nated in such notification. SECTION 8. PERMIT DURATION AND RENEWAL -- The Charitable Solicitations Commission shall determine from the application and from such facts as may be developed in connection with such application the period of active solicitation for which such permit shall be approved and granted, provided that such period shall not exceed three (3) calendar months; and the Commission shall certify to the City Secretary the period for which said Secretary shall issue said permit, provided, however, that upon further application, information or re- ports, as it may deem necessary to safeguard the interests of the public and carry out the purposescf this ordinance, the Commission may renew and extend such permit for additional periods, not to exceed three (3) calendar months. SECTION 9. REQUIRING REPORTS -- All persons or organizations issued permits under this ordinance shall furnish to the Commission within thirty (30) days after the solicitation has been completed, a detailed report and financial state- ment showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, com- missions, and expenses paid to'any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation; provided,however, that the Commission may extend the time for filing of the report required by this Section for an additional period of thirty (30) 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 avail- able to the Commission, or to any person designated in writing by the Commis- sion as its representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this Section may be checked. SECTION 10. AGENTS AND SOLICITORS FOR CHARITABLE SOLICITATION PERMIT HOLDERS -- All persons to whom permits have been issued under this ordinance shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the permit holder, the date, a statement describing said holder's charitable 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 so- licitor to whom such credentials are issued and the specific period of time during which said solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this ordin- ance without the credentials required by this section and a facsimile copy of said permit in his possession. Said credentials and said facsimile copy of the permit must be shown, upon request, to all persons solicited and to any police officer of the City of Fort Worth. No agent or solicitor shall solicit contributions for any charitable purpose for any person in the City of Fort Worth unless such person has been granted a permit under the provisions of this ordinance. SECTION 11. RESPONSIBILITY FOR OVERT ACTS OF SOLICITORS--The recipient of a solici- tation permit shall be responsible for the overt acts of his authorized repre- sentative in connection with such solicitation. SECTION 12. INVESTIGATION OF AFFAIRS OF PERSONS SOLICITING FOR CHARITABLE PURPOSES WHETHER AUTHORIZED BY, OR EXEMPT FROM, PERMIT AND CERTIFICATE REQUIREMENTS UNDER THIS ORDINANCE---PUBLICATION OF FINDINGS - The Charitable Solicitations Commission is authorized to investigate the affairs of any person soliciting for charitable purposes under a permit issued or the affairs of any person soliciting for charitable purposes exempted from the permit requirement by this ordinance, and make public the commission's written findings in order that the public may be fully informed as to the affairs of any of said persons. Said persons shall make available to the Commission, or to any representative designated by the Commission in writing for such specific purpose, all books, records, or other information reasonably necessary to enable the Commission to fully and fairly inform the public of all facts necessary to a full under- standing by the public of the work and methods of operation of such persons; Provided, that five (5) days before the public release of any findings under this Section, the Commission must first serve a copy of said findings upon the person investigated and at the time of the release of his findings he must release a copy of any written statement said person may file with the Commis- sion in explanation, denial, or confirmation of said findings. SECTION 13. PUBLIC INSPECTION -- The City Secretary shall file each application for Charitable Solicitation Permit, as provided for in Section 4 herein, together with all supplemental reports submitted to the Charitable Solicitations com- mission, as provided for in Section 9 herein, and such written notice of approval of permit from said Charitable Solicitations Commission, as provided for in Section 6 herein, also such written findings arising out of any inves- tigation by said Commission, as provided for in Section 12 herein; and, upon request of any individual, the City Secretary shall produce such aforementioned documents for inspection. SECTION 14. PERMIT NON-TRANSFERABLE -- Any permit approved and issued under this ordinance shall be non-transferable; provided, however, that this shall not prevent any permittee from using any number of solicitors and representatives as shall be reported to the Commission. SECTION 15. REVOCATION OF PERMIT -- If, upon receipt of written information or upon its own investigation, the Charitable Solicitations Commission shall find that any agent or representative of the permit-holder is misrepresenting or making untrue statements with regard to the solieitation,or has made untrue statements in the application or otherwise violated the provisions of Section 6, or that f in any other way the solicitation has been conducted or is being conducted in a manner inimical to the protection of the health, life and property of the citizens of 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 duty of the Charitable Solicitations Commission to revoke said permit; provided, however, that before any permit is revoked, the Commission shall give the permit-holder twenty-four (24) hours' notice in writing that a hearing is to be had and that at said hearing the Commission shall ascertain the facts, and if any reasons above set forth for revoking the permit are found to exist, the permit shall be revoked. SECTION 16. PENALTIES -- Any person, organization, society, association or corpora- tion, or any agent or representative thereof, who shall violate any provision of this ordinance or who shall give false information on any application form or report made pursuant to this ordinance shall be fined not to exceed two hundred dollars ($200.00). Each days continuance of any violation of this ordinance shall constitute a separate offense. SECTION 17. APPEAL -- An appeal from any act of the Charitable Solicitations Com- mission in granting, refusing or revoking any permit may be made to the City Council in writing not less than ten (10)days following such action; provided, however, that personal appearance may be made before the City Council at the time the appeal is reviewed by the Council. Such appeal in writing must be delivered to the City Secretary within ten (10) days after the action of the Commission; otherwise, any action of the Commission in granting, refusing or revoking any permit shall become final. SECTION 18. LIABILITY -- 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 �s this ordinance, acting for the City of Fort Worth 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 enployee because of such act performed by him in the enforcement of any provision of this Ordinance shall be defended by the Department of Last until the final adjudica- tion of the proceedings. SECTION 19. SEPARABILITY -- It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provi- sions herein, and it is further the intention of the City Council that if any provision of this Ordinance is declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 20. REPEAL OF CONFLICTING ORDINANCES -- All ordinances or parts of ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. SECTION 21. EFFECTIVE DATE -- This Ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law. However, this Ordinance shall not apply to litigation pending as of the effective date of this Ordinance. APPROVED: 7'9414 m City Attorney ORDINANCE Not/; c� Title `J-' Adopted � ✓J � Final Adoption Published Id4 Filed -�` Day of %�, 19_ City Secretary P. o. 12216-A