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21-82 ORDINANCE NO. 21-~2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICI- TORS AND PEDDLERS", ARTICLE III "CHARITABLE SOLICITA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 22-/+9 "ELIGIBILITY FOR PERMIT" TO ELIMINATE THE REQUIREMENT THAT THE ACTIVE SUPERVISOR OF A DRIVE BE A RESIDENT OF THE CITY; REPEALING SECTION 22-52 AND ENACTING A NEW SECTION 22-52 "ACTION BY COUNCIL ON APPLICATION"; AMENDING SECTION 22-58 "ALLOCATION OF FUNDS; EFFECT UPON ISSUANCE OF PERMITS"; TO PROVIDE FOR AN EXCEPTION TO ITS TERMS UPON A SHOWING THAT THE FAILURE TO MEET ITS TERMS IS NOT UNREASONABLE, AND TO ELIMINATE PROVI- SIONS FOR CITY COUNCIL ENDORSEMENTS; PROVIDING A SAV- ING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 22 "Solicitors and Peddlers", Article III "Charitable Solicita- tions', Section 22-/+9 "Eligibility for permit" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: No organization shall be eligible for a permit under this article unless there is a fully organized unit in Palm Beach County. Section 2. That Chapter 22 "Solicitors and Peddlers", Article III "Charitable Solicita- tions'', Section 22-52 "Action by council on application" of the Code of Ordinances of the City Delray Beach, Florida, is hereby repealed and a new Section 22-52 is hereby enacted to read as follows: Sec. 22-52. Action by council on application. The city council shall consider said application and grant the issuance of a permit for the solicitation of funds for charitable purposes upon a determination that the requirements of this Article are met by the applicant. Section 3. That Chapter 22 "Solicitors and Peddlers", Article III "Charitable Solicita- tions'', Section 22-58 "Allocation of funds; effect upon issuance of permits" of the Code Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: It is required by the city council that at least sixty per cent (6096) of the money collected in the previous year's drive should have gone for the purpose of the drive, such as research and patient services in the case of health agencies~, and not more than forty per cent (~0%) should have ~one for fund raising, administration, public information and reserve funds, unless special facts or circumstances are presented showing that a cost hi~her than fort}, per cent (~0%) for fund raising~ administration~ public information and reserve funds is not unreasonable. hercln~., thc. a~-w&ii-~-,~--~puee~-i-e~--pe~mie-w~t,e-sei~- ¢×pcr,~c~ c×cccd ~hir-~--fi~i-~la-a~-ever+t--v,g,14 The city council shall not grant a permit when said expenses, excluding reserve funds, exceeded thirty per cent (30%) of the money collected, unless special facts or circumstances are presented showing that a cost hi~her than ~.hirty per cent (30%) is not unreasonable. ~~-t. he~cx~cncc: are l~ss ......... : par 'Section ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Cour~ of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediatel7 after its pa~age on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rcl day of March ,1982. LEON M. WEEKES ATTEST: C~y/Clerk First Reading March 9~ 1982 Second. Reading March 23, 1982 2 ORD. NO. 21-82