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HomeMy WebLinkAbout03087 ORD - 07/10/1951WRAnderson:el 6/13/51 AN ORDINANCE A -4d'7 REGULATING THE SOLICITATION OF MONEY AND GIFTS FCR RELIEF 'DR FOR -ANY CHARITABLE PURPOSES BY ANY PERSON OR PERSONS, INSTITUTION -OR ORGANIZATION WITHOUT FIRST OBTAINING A PERMIT FROM THE CITY OF CORPUS CHRISTI] MAKING IT UNLAWFUL FOR ANY PERSON, PERSONS, OR ORGANIZATION TO HOLD BENEFIT DANCES, RUMGE SALES, OR SALES FOR CHARITY, PRII.ANTHROSr OR PATRIOTIC PURPOSES WITHOUT FIRST OBTAINING A PERMIT FROM THE CITY OF CORPUS CHRISTI; MAKING IT UNLi1WFUL FOR ANY PERSON OR PERSONS TO TO SOLICIT GIFTS OR MONEY OR MERCHANDISE BY MIS- REPRESENTATION; PROVIDING FOR A SWORN STATEMENT TO BE SUBMITTED TO THE CITY SECRETARY BY EACH APPLICANT;PROVIDING FOR THE ESTABLISHMENT OF A CITY SOLICITATIONS 00MMISSION;PROVIDING THAT FERMITS,TO SOLICIT FOR CHARITABLE PURPOSES MAY BE GRANTED BY THE CITY SECRETARY ONLY ON APPROVAL OF THE CITY SOLICITATIONS COMMISSION AND THAT SAID PERMITS SHALL BE, GRANTED FOR A PERIOD NOT IN EXCESS OF THIRTY (30) DAYS; PROVIDING THAT AT TILE CLOSE OF SOLICITATION THE APPLICANT SHALL FILE AN AUDIT OF THE SOLICITATION WITH THE CITY SECRETARY: PROVIDING THAT IN TEE EVENT THE CITY SECRETARY HAS REASON TO BELIEVE THAT THE SOLICITATION IS BEING CARRIED ON IMPROPERLY A HEARING MAY BE CALLED BEFORE TEE CITY SOLICITATIONS COMMISSION, PROVIDING THAT THE DECISION OF THE CITY SOLICITATIONS COMMISSION BE '1 FINAL,EXCEPT FOR AFPEAL-TO THE CITY COUNCIL; AND PROVIDING'PENALTIES"FOR THE VIOLATION OF THIS ORDINANCE. _.. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. No person, firm, corporation, or association of any type whatsoever shall be permitted to solicit or to accept alms or gifts in money, checks, money orders, merchandise, trade or any other thing or article representing monetary value, directly or indirectly, for or on behalf of any person or persons or charitable, patriotic, social, religious or philanthropic organization-in the City of Corpus Christi; nor shall ary person, firm, corporation or association of any kind whatsoever promote or participate in any entertainment, benefit dance, fair, bazaar or any other type of organized social entertainment in the name of charity, patriotism, religion, or philanthropy; nor shall any person, firm, corporation or association of any kind whatsoever sell or seek to sell by telephone solicitations, hand bills, advertisements, house -to -house contacts, or any other manner, articles or products of any nature whatsoever in the JDO / 2 name of and for the alleged benefit of handicapped, disabled or underprivileged citizens of the City of Corpus Christi, but pro- vided, however, that any such person, firm, corporation or associa- tion may do or tarty on any of the activities herein, if a permit is first secured under the terms and regulations herein stated. This article shall not be conatrued so as to prohibit any organization from soliciting funds from its own membership at any time or at any place within the City of Corpus Christi, Texas. Section 2. It shall be unlavful for any person, persons, organization or association to hold a benefit dance, for the general public, a public rummage sale, or to sell or offer for sale any pro- perty which has been given for sale or charity, philanthropy, or pa- triotic purposes, vithout first obtaining a permit as hereinafter pro- vided. Section 3. It shall be unlawful for any person or persons, firm or association, to solicit or obtain alms or gifts in money or merchandise directly or indirectly, by the misrepresentation of names, occupation, financial condition, social condition or residence. Section 4. Each applicant for a permit to solicit funds in the City of Corpus Christi shall submit to the City Secretary a state- ment sworn to and containing the following information: 1. Name and address of the organization sponsoring solicitation. 2. Name and address of the officers of its Governing Board. 3. The amount to be solicited. 4. The percentage of collection to be paid solicitors. 5. The charity to be benefited. 6. The name of soliciting organization and its representatives. 7. Nature of solicitation. Section 5. A City Solicitations Commission is hereby established and charged with responsibility for screening all applicants for permits made to the City Secretary under this ordinance. This coffiiesion shall consist of nine members appointed by the City Council, with the initial appointments to be for staggered terms, three members appointed for a term of one year, three members, for a term of two years, and three members, for a term of three years. Each year thereafter three mem- bers shall be appointed for a term of three years. 3. The decision of the Commission shall be final in regard to the, granting of a permit to solicit, except that appeal may be taken to the City Council. Section 6. The City Secretary shall keep such appli- cation on file and a record of the action by the City Solicitations Commission thereon in a well bound book, subject to inspeotion by any person at any reasonable time. Section 7. The City Secretary shall present to the City Solicitations Commission those matters which in the City Secretary's judgement shall properly receive the attention of the City Solicitationa Commission, and upon decision by the City Solicitations Commission, the City Secretary will then either grant orieihse the solicitation permit. Section 8. Said solicitation permits when granted by the City Secretary shall be valid for the period specified and no longer, and in no case shall they exceed a period of thirty days thereafter; unless same shall be renewed in due course by the City Secretary. Section 9. All applicants receiving permits shall supply their solicitors with proper credentials and the recipient of such permit shall be responsible for the overt acts of his, or its authorized representatives in connection with this solicitation. Section 10. The solicitation permit herein prescribed shall be nontransferable; and may be revoked at any time by the City Secretary and shall never operate as a grant or privilege or mature into a right. Section 11. The person, persons, firm or association receiving a permit to solicit funds in the City of Corpus Christi, at the close of the solicitation shall file with the City Secretary an audit made by a certified public accountant, or in lieu thereof, a sworn official statement containing an accounting of the hinds received. and the disbursement thereof. The list of subscribers and the amounts paid shall be open to inspection by the City Secretary. Bastion 12. In all oases where the City Secretary, is of the opinion that the funds of, any institution or organization operating under a permit from the City Secretary have been, or are being diverted from the purpose for Wiich they are collected, or have been secured by misrepresentation, such person, persons, institutions or organizations, shall be subject to investigation by said City Secretary, and if the City Secretary deems it warranted, may require such person or organization to file an immediate account of its receipts and expenditures with the City Solicitations Commission and shall summon such witnesses to appear before the Commission as shall be necessary to ascertain the truth or falsity as to the facts of such representation, or of such divertinb of funds from their proper purposes and the Commission upon hearing the witnesses and after investigating all the facts shalic-nder his decision as to whether or not the solicitation permit shell then and there be cancelled and the City Secretary shall be so instructed. Section 13. The decision of the City Solicitations Commission shall be final except that a now hearing can be granted by said Commission in its discretion upon request of the City Secretary, or upon application of the interested parties seeking a permit, and provided that appeal may be taken to the City Counoil within ten days of the decision by notice given by said Council. Section 14. No solicitation or contribution as provided . herein shall be asked, demanded or received by any person, or the representatives of any person, firm, institution, organization or association, until the provisions herein are fully complied with and until a permit therefor as herein provided, shall be issued by the City Secretary authorizing such solicitation in the City of Corpus Christi. Nothing in this ordinance shall be deemed to grant a right to solicit or ,bag upon the streets or in public places of the City of Corpus Christi, without first scouring from the City Secretary a permit specifically for this purpose after due application for same in the manner above prescribed has been made to the City Secretary and such application has been granted. -- , 5.. Section 15. That if any part of this ordinance shall be found to be in conflict with any law of the State or to be for any reason void or unenforceable such defeat shall extend only in so far to avoid such conflict or other objection, and shall not in- validate any other provision or any other and lawful application of the same provision or any other and lawful application of the same provision of this ordinance. Section 16. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall be sufficient if it contain the caption sand title hereof, and state in summary the purpose of the ordinance and penalty for violation thereof. Section 17. In case a corporation is the violator of any provision of this ordinance, the president, vice - president, secretary, treasurer, manager or any agent or employee of such corporation shall be also severally liable for the penalties here- in prescribed, provided further, that should a different punish- ment be prescribed in any case by state law for any offense includ- ed in this ordinance, and should the punishment prescribed by state law be the only punishment which can lawfully be adjudged for any such offense, then the punishment prescribed by stage law shall be adjudged by the corporation court against such offender in lieu of the penalty herein provided in Section 18. The imposition of one fine for any violation of this ordinance shall not excuse the violation or permit it to continue; and all such persons, firma, partnerships or corporations shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application cc the above penalty shall not be held to prevent the enforced removal of prohibited oonditions. 6. Section 16. Any person violating any of the provisions of this ordinance shall be dee—d guilty of a misdemeanor and upon conviction shall be subject to a penalty of not to exceed $200.00 for each offense. Section 19. In accordance with the City Charter of the City of Corpus Christi, Texas, the foregoing ordinance was read the first time and passed to the second reading on the.&—doy by the following vote: ^ LESLIE WASSERMAN CIA—, _, JACK DEFORREST BARNEY COTT SYDNEY HERNDON �AD GEORGE LOPlMAi] The foregoing ordinance was read the second time end passed to the third reading on the,Z(. day o 1951, by the following vote. LESLIE WASSERMAN Lw,� JACK DEFORREST HARVEY COTT SYDNEY HERNDON _ GEORGE LOMIAN The foregoing 'ordinance was read time and passed finally and passed and approved on the 16 of ,L 1951, by the following vote: LESLIE WASSERMAN JACK DEFORREST a^ l BARNEY COTT SYDNEY HERNDON GEORGE LOYMliN APPROVED, This the�day of , 1951- REM ATTEST: THE CITY OF CORPUS CHRISTI City Secretary, APPROVED AS TO LEGAL FORM. Ulty orney 0077