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Home My WebLink About18621 ORD - 01/02/1985AN ORDINANCE AMENDING CHAPTER 38 OF THE CITY CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO ELIMINATE THE REQUIREMENT OF IDENTIFICATION CARDS FOR PERSONS SOLICITING FUNDS FOR CHARITABLE PURPOSES, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED GY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION I. That paragraph (e) of Section 38-20 of the Code of Ordinances, Corpus Christi, Texas, is hereby amended to read as follows: (e) The term "costs of solicitation" shall mean the difference between the gross contributions received in connection with the solicitation and net contributions actually disbursed to the charitable entity or purpose and includes but is not limited to salaries, wages, fees, commissions, overhead, and other expenses paid out of the contributions to or by the registrant or its solicitors. If goodsor e a provided connection with the solicitation of contributions, the gross contribution shall be the difference between the costs to the registrant of the goods or services and the amount for which the goods or services are sold to the public. The following expenses shall not be considered as costs of solicitation", so long as such costs do not unreasonably exceed the fair market value of such goods or services (1) Entertainers and copyright fees, (2) Stagehands; (3) Security; (4) Space rental; (5) Insurance; (6) Actual purchase cost of the tangible product to be sold, (7) Printing of tickets. The following expenses shall be considered as costs of solicitation". 18621 (1) Producer/Promoter, (2) Advertising and Public Relations, (3) Telephone solicitations (4) Fund raising consultants; (5) Posters and printed materials, (6) Collection expenses; (7) Show office rent; (8) Monies paid to persons to perform any of the above (9) Printing of programs. or (10) The difference between the actual costs to the registrant and the fair wholesale market value of the goods or services when the actual cost to the registrant unreasonably exceeds the fair market value of such goods or services. SECTION 2. That paragraphs (c), (d), and (e) of Section 38-21 of the Code of Ordinances, City of Corpus Christi, Texas, be deleted and that paragraphs (c)),, (d)'. (e), ,(7)�,) (g), (9), (1)(,i and( m(j), a respect) ,beelyrelettered as SECTION 3. That new paragraph (h) of Section 38-21 be amended to delete the wards "or an identification card." SECT10N 4. That subparagraph (c) of paragraph (2) of Section 38-22 be amended to read as follows. (c) If a corporation, the person registering must state whether it is organized under the laws of Texas or is an out of state of foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the Corpus Christi office of such corporation, and the names of all officers and directors or trustees of said corporation, and, if an out of state o foreign corporation, the place of incorporatnon. The person registering must also state whether the corporation is authorized to do business in the State of Texas. SECTION 5. That Section 38-25 of the Code of Ordinances, Corpus Christi, Texas, is hereby amended to read as follows. The City Secretary shall prescribe the form of the Certificate of Registration. However, each such Certificate of Registration shall be printed in black except that the following shall be printed or stamped prominently thereon in red: "Theeof this Certificate of Registration i n nota endorsement by the City of Corpus Christi or any of its officersr employees." Each Certificate of Registration shallbear a registration number which is the sm as the file containing the registration statement filed by the registrant SECTION 6. That Section 38-26 be amended to read as follows Section 38-26. Registrant Responsible for Acts of Solicitors. Every person receiving a Certificate of Registration shall be responsible for the acts of his solicitors to connection with the solicitation for which the Certificate of Registration was issued. SECTION 7. That Section 38-27 0f the Code of Ordinances, Corpus Christi, Texas, be amended by amending the second paragraph of said Section to delete the words "an Identification Card." SECTION 8 That Section 38-33 of the Code of Ordinances, Corpus Christi, Texas, is hereby amended by amending the last sentence of said Section to read as follows. After investigation, the Solicitations Commission shall render its written findings and recommendations to the City Attorney for further appropriate action which may include but is not limited to obtaining injunctive relief to restrain any violation or to compel compliance with this Article. SECTION 9. That Section 38-29, of the Code of Ordinances, City of Corpus Christi, Texas, is hereby amended by amending Subsection (2) to read as follows "(2) The solicitation of funds for charitable purposes by a person when such solicitation occurs Orl premises owned or controlled by the person soliciting funds, .. . SECTION 10. That Section 38-35 of the Code of Ordinances, City of Corpus Christi, Texas, 1s hereby amended to read as (011000 "All tickets, including but not limited to tickets for admission t0 any sporting or entertainment event, which are sold or for which contributions are made by the consuming public must be serially numbered. Each numbered ticket may be sold or contribution accepted by or on behalf of the charitable organization, only one tine." SECTION 11. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances 1s for any reason n n held t0 be unconstitutional, void orvalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion thereof r provision, or regulation contained herein, shall became inoperative or fail by reason of any unconstitutionality of any other portion hereof and all provisions of this Ordinance are declared t0 be severable for that purpose. I't."%.7,7:7gtv-trece:2,Q readfor!w°,95 followIng vote Luther Jones Leo Guerrero Betty N. Turner Dr Charles W. Kennedy Davld Berlanga, Sr. Joe McComb Welder Brown Frank Mendez Mary Pat SlavA Ttigtr, threj,ozgoolnngtho,Irgence4iLrzyd ‘e,zn,d4 etze 999 95 by its follow," vote• Luther Jones Betty N. Turner Davld Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W Kennedy Joe McComb Frank Mendez Mary Pat Slavlk That t" "regoln"rdln"ce w" r"d "r 1:5Jert 1%?"lyy Ole 41=,0 Luther Jones Betty N Turner DavId Berlanga, Sr. Welder Brown a?, ag° Or Charles W. Kennedy Joe McComb Frank Mend" Mary Pat Slaylk PASSED AND APPROVED, this the ATTEST MAY tzvDE°: A01 , 1999 J. BRUCE OCK, CITY ATTORNEY 3YAs Is 1CrOV95 1 r fir T CITY OF CORPUS CHRISTI, TEXAS 18671 PUBLISHER'S AFFIDAVIT / I STATE OF TERAS. .. County of Nueces. ^ Before me, the undersigned. a Notary Pubh, We day personally came PIARCARE'r RAMAGE_ _ _ who being tint duly swocv, according to law, says that he is the ax,RT1TT)E @F 4 U SU4SIEASRR- of the Corpus Christi Caller red The Corpus Chnah Times, Daily Newspapers pubbahed at Corpus Cbrub. Tema in said County and State, and that the publication of • NT/TICE OF PASSI,GE er ormorosr A18821 MENDING CHAPTER 38 oeTf¢CPFY CDOE of 0mimnic0s of which the annexed u a true copy, was pubBshed in _SEISM1024s m the _3tla. deyof Janu0y - - 10..05, and once each. afiT__— thereafter for 91?_ - _ consecutive _ _ �Y _ .one _ _ Timm R 26.45MAR9AREP RAMAGE _ `�/`J_.�G/_ Subscribed end sworn to before me this @*11_ - day 3011110,, _C/ 198i_ _ MIA ROSTER 11-30-88 Not, Public. County, Texas R motionMOTION Mayor Pro Tem Betty Turner moved and Council Member Leo Guerrero seconded the to amend the ordinance amending the charitable third reading o ordinance, f g having solicitations nbeen held on tober t23, 1994 a and the second reeding on December 18, 19 , as follows: Approving an amendment to the Charitable solicitation Ordinance prior to third reading o (1) delete persons sting mbyps else example shopping centers and mise(2) deleting controlled l language innSection 238-35 referring to raffles or drawings, which might suggest that such activities are legal. )/2/85 Passed