40-82 ORDINANCE NO. 40-82
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICI-
TORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE III,
"CHARITABLE SOLICITATIONS" AND ENACTING A NEW ARTICLE
III, "CHARITABLE SOLICITATIONS"; REQUIRING A PERMIT PRIOR
TO SOLICITATION; PROVIDING CERTAIN EXEMPTIONS; PROVID-
ING FOR PUBLICATION OF INFORMATION PERTAINING TO
EXPENDITURES OF THE APPLICANT; ESTABLISHING A MAXIMUM
DURATION OF THE PERMIT OF FOUR WEEKS UNLESS SPECIAL
CIRCUMSTANCES ARE SHOWN; PROHIBITING OVERLAPPING
DRIVES EXCEPT UNDER CERTAIN CIRCUMSTANCES; REQUIRING
A REPORT ON THE RESULTS OF THE SOLICITATIONS; PROVID-
ING FOR INSPECTION OF BOOKS AND RECORDS BY THE CITY;
REQUIRING AN. IDENTIFICATION CARD; RESTRICTIONS ON
SOLICITATIONS; PROVIDING FOR REVOCATION OF THE PERMIT
UNDER CERTAIN CONDITIONS; REGULATING SOLICITATION BY
COIN OR CURRENCY BOXES; PROHIBITING SOLICITATIONS ON
THANKSGIVING AND CHRISTMAS DAYS; REQUIRING ADULT
SUPERVISION OF MINORS; ALLOWING CITY COUNCIL TO WAIVE
CERTAIN PROVISIONS OF THE ORDINANCE IN THE EVENT OF AN
EMERGENCY; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section i. That Chapter 22, "Solicitors and Peddlers", Article III, "Charitable SoLicita-
tions'' of the Code of Ordinances of the City of Defray Beach, Florida, be, and the same is hereby
repealed and a new Article III, "Charitable Solicitations" is hereby enacted to read as follows:
Sec. 22-#6. Definitions.
As used in this article;
Charitable means and includes the words patriotic, philanthropic, religious, social service,
including research, welfare, benevolent, educational, civic, political, or fraternal, either actual or
purported.
Cost of soLicitation means all costs of whatever nature incurred, directly or indirectly,
whether underwritten by others or paid directly, in raising the funds solicited. The term shall also
specifical.ly include the foUowing; A11 fund raising, administration and items which some agencies
refer to as "public information." Any printed material which includes a request for a contribution or
instructions of where to send a contribution regardless of what else may be included on the page or
leaflet. Any material which is handed out by persons requesting a contribution or which is included
with a letter or other requests for a contribution is part of the cost of fund raising regardless of the
nature of the material.
Solicit or solicitation means the request, either directly or indirectly, for money, property
or financial assistance on the plea, or representation that such money, property or financial
assistance will be used for a charitable purpose.
Sec. 22-~7. Application and permit required.
It shaLl be unlawful to engage in any charitable solicitation in the city without having first
obtained a permit therefor as provided in this article. Any person desiring, a permit to solicit funds
in any manner whatsoever for charitable purposes shall file an application in the city clerk's office,
in duplicate in the form set forth in Section 22-62. The application must be filed with the city clerk
at least six (G) weeks prior to the commencement of the requested period for solicitation, but not
more than six (6) months prior to said period.
Sec. 22-#8. Exemptions.
The provisions herein except Section 22-36, shall not apply to:
(a) Any established church, which solicits funds solely from its own members or
from its own congregation.
(b) Any fraternal, social, patriotic, culturnl or educational organization which
solicits funds solely from its own members or from its own assemblies.
(c) Any organization selling a product at or near its normal retail value.
(d) A political c~ndidate, political committee, commitee of continuous existence,
the national, state or county executive committee of a political party, all as
defined in the Florida Election Code, provided that they comply with the
campaign finance and disclosure requirements of either state or federal law.
Sec. 22-#9. Information in application to be public and published.
(a) The information contained in an application for a permit to solicit funds for
charitable purposes shall be available to the public. The information contained therein,
except as otherwise provided in this ordinance, shall be published in a newspaper
designated by the city council, which newspaper is published in the city. The publication
shall occur at least two (2) weeks and not more than three (3) weeks before any
solicitation of funds shall begin, with the fee for such publication to be borne by the
applicant. The form of the information published shall b& approved in. advance by the city
council and shall be submitted with the application. The published information shall
include a pictorial representation (i.e., a piegraph) which shows how each dollar collected
the previous year was distributed. The expenses shown in this advertisement shall include
a pro rata apportionment of all expenses such as local, area, regional, state and national,
and the advertisement shall be not less than three (3) columns wide and eight (8) inches in
length. Any organization with expenses of ten per cent (10%) or less shall be exempt from
publishing an ad. If the applicant did not conduct a solicitation the previous year, then
the piegraph shall include an estimate of how each dollar collected in the current year's
drive will be distributed.
(b) Upon a showing by the applicant that the fee for the publication of the
advertisement is beyond the financial capacity of the organization, the city council shall
elect to do one of the following:
(1) Authorize the city to pay for the publication of the advertisement on the
condition that the organization shall repay the city for such costs out of the
· . ' proceeds coUected by the organization from the solicitation conducted within
the city.
(2) Authorize the applicant to place an alternative, [ess costly public notice
regarding the solicitation, such as a public service newspaper or radio
advertisement in lieu of the advertisement required in paragraph (A) above.
(3) ~/aive the requirement of publishing an advertisement.
Sec. 22-30. Action by council on application.
Once an application is complete and provides the required information, the city council
shall thereafter within fifteen (13) days consider such application and grant the issuance of a permit
for the solicitation of funds for charitable purposes if the requirements of this article are met by
the applicant.
Sec. 22-3l. Permit duration.
Permits issued pursuant to this article shall be effective for the period of time
requested in the application, but shall not be effective for a period in excess of four (4)
2 ORD. NO. 40-82
weeks for door-to-door solicitations, unless special facts and circumstances are presented
showin§ that a four (6) week period is insufficient to conduct the solicitation. Upon such
a showing~ the city council may grant additional time for the solicitation. No such
extension of time shall be scheduled durin§ a week for which another charitable
organization has requested or received permission to solicit, subject to the provisions of
Sec. 22-32.
Sec. 22-32. Overlapping drives; exceeding duration.
No more than one (1) door-to-door charitable solicitation drive may be conducted during
any approved period unless the solicitations of the different applicants can be scheduled so that no
two applicants are soliciting in the same section of the city at the same time. Nor in any event
shall more than one (1) door-to-door solicitation or other type solicitation be conducted during any
approved period tf the organizations on whose behalf such solicitation is being conducted have
substantially similar names. Any or§anization which overlaps another drive without the permission
of the city council or conducts its solicitation beyond the time period granted by the city council,
shall be denied a permit for the next year's drive in addition to being in violation of this code.
Sec. 22-33. Report on result of solicitation.
(a) Thirty (30) days after the solicitation of funds is completed, the results of such
solicitation shall be filed with the city council, and it shall be available to the public at all times.
The following information shall be provided:
(1) Name and address of or§anization.
(2) Kind of activity.
(3) Dates of solicitations.
(6) Receipts:
Ticket sales or admission charges;
Cash contributions and pledges;
Membership fees;
Sale of advertising space;
Cash value of donations in kind and/or items underwritten;
Other receipts:
Less federal, state and city taxes;
Total re~. eipts.
(3) Expenses:
Salaries, wages, commissions;
Remuneration to promoters or managers;
Remuneration to entertainers, musicians,'etc.;
Rentals, auditoriums, building, etc.;
Rental or purchase of equipment;
Cost of refreshments, food, merchandise~ etc.~
Administrative costs (including printing~ stationery~ postage~ telephone, etc.);
Advertisin§ and publicity;
Other expenditures;
Total expenditures.
(6) Net remaining for charitable purposes.
(7) Distribution of fun(ls: Furnish detailed information. If solicitation was in behalf of
another or§aniz~tion or association, show its name, address, date funds were
released and amount.
(b) Said report of the results of the solicitation shall be si§ned and sworn to by an
authorized official of the organization.
3 ORD. NO. 40-82
Sec. 22-5#. Inspection of books; furnishing additional information.
The city council upon thirty (30) days' notice to the applicant shall have the right, either
itself or thrOugh a designee of the council, to examine the books and records of the applicant (if the
applicant is soliciting for another organization then this snail also include the books and records of
the organization on whose behalf the solicitation is being conducted). The council or its designee
may inspect the books and records under this subsection only once a year to verify the accuracy of
the financial information submitted to the city on behalf of the applicant.
In addition to the right of inspection in the above paragraph, the council or its designee, if
probable cause exists to believe there has been a misrepresentation or falsification in the financial
information submitted to the city, may require that the books and records of the applicant (including
the organization on whose behalf the applicant is soliciting) be made available for inspection and
examination.
The applicant and organization on whose behalf the applicant is soliciting may be required
by the city council or i~s designee to answer reasonable questions concerning the manner of keeping
their respective books and records including allocations of income and expenses· In any event, the
books and records shall be kept in such manner so that a determination can be made therefrom as to
the amounts of funds expended to accomplish the purposes of the organization, i.e., such as research
and patient services in the case of health agencies vs. the amount of funds expended for fund
raising, administration, public information and reserve funds.
In the event that the city council determines that there has been a material misrepre-
sentation or falsification in the financial information submitted to the city, then the applicant or
the organization upon whose behalf it solicits or both, if applicable, shall be denied a permit to
solicit in the city of Delray Beach for the current and next ensuing fiscal year.
Sec. 22-55. Identification card.
All persons to whom permits have been issued under this article shall furnish proper
credentials to their agents and solicitors for such solicitation. In addition, each agent and solicitor
shall obtain from the police department an identification card, which shall include the name of the
solicitor, his home address, and the name of the organization on whose behalf the solicitation is
being conducted· This identification card shall be worn by the agent and solicitor while engaging in
charitable solicitation in the city of Delray Beach. The identification card shall be worn in a
conspicuous place so that it is easily observable by the person to whom the-solicitation is directed.
The card shall also be shown upon request to any police officer of the city.
When solicitation is being conducted by mail, a copy of the identification card shall be
included with 'the correspondence requesting a contribution.
Sec. 22-56. Restrictions on solicitation.
(a) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free
movement of any person, or coerce, harrass, or physically disturb any other person.
(b) No solicitor shall in any way misrepresent the following:
(1) The identity of the person, firm or corporation on whose behalf the solicitation
is being conducted.
(2) How the proceeds of the solicitation will be expended.
(3) The purposes of the person, firm or organization upon whose behalf the
solicitation is being conducted.
(t~) Any other material misrepresentation.
(c) No solicitor shall in any way obstruct, delay or interfere with vehicular traffic
within the city or use any public street, road or highway in the city for the purpose of charitable
solicitations.
ORD. NO. 40-82
(d) No solicitor may solicit on a date or at a time not allowed by the permit.
{e) No solicitor may solicit on any property where the owner or occupant has posted a
notice evidencing an intent that the owner does not wish for solicitations generally or the specific
type of solicitation involved, to be conducted on the property. It shall also be unlawful for any
solicitor to remain on private property after having been requested by the property owner or
occupant to leave the premises.
Sec. 22-.57. Revocation of permission to soticit.
Permits issued under the provisions of this article may be revoked by the city council,
after twenty-four {20) hours' notice that a hearing is to be had before the city council or its
designee, for any of the following causes:
(a) Any material misrepresentation or false statements contained in the application for
the permit or supplemental information furnished in regard thereto.
{b) FalsLfication or misrepresentation contained in the books and records of the
applicant or the books and records of the person, firm or corporation on whose
behalf the solicitation is being conducted.
(c} Failure to make available the financial books and records as required in Sec.
(d) Misrepresentations or false statements made by a solicitor in the course of the
solicitation. However, unless it is shown that the manager(s) of the solicitation
knowingly permitted such misrepresentation or false statements, then the revoca-
tion shall be applicable only to the individual solicitor and not a revocation of the
permit as a whole.
(e) Conviction of any felony or a misdemeanor involving moral turpitude. Under this
subsection revocation will apply only to the individual convicted unless the individ-
ual is an officer, director, or managing agent of the applicant or the organization on
whose behalf the solicitation is being conducted, in which case the permit as a whole
will be revoked.
(f) If the solicitation is being conducted in such a manner as to constitute a breach of
the peace or is inimical to the protection of the health or life of the citizens of
Delray Beach.
(g) If there has been a material violation of any of the terms and conditions of this
article on charitable solicitations.
Sec. 22-.58. Solicitation by coin or currency boxes.
Solicitation .by means of coin or currency boxes or receptacles is prohibited within the
city, except: .
(a) Wl~en 'each such box or receptacle, is serially numbered and the city council advised
of the number and' location of each~ and
(b) When each such box or receptacle is the responsibility of a bona fide member, a§ent
or solicitor of the soliciting or§anization; and
(c) When some responsible person is required to pick up each box or receptacle at the
end of any approved solicitation period which, for such receptacles, shall not exceed
two (2) weeks~ and,
(d) When such responsible person has no more than a reasonable number of such boxes or
receptacles for which he must account.
Sec. 22-59. Prohibited on Thanksgiving or Christmas.
No charitable solicitation shall be made on Thanksgiving or Christmas days.
ORD. NO. 40-82
Sec. 22=60. Aduit supervision of children.
It shall be unlawful for any organization to allow children under eighteen (15) years of age
to engage in charitable solicitation within this city unless under the direct supervision of an adult.
Sec. 22=61. Waiver by city council.
In order to meet any bona fide emergency or calamity, the city council shall have the
right, upon a proper showing by an applicant, to waive the following provisions of this article on
charitable solicitations: Those time limitations contained in Sections 22-#7 and 22-#9.
The city council shall waive the above provisions upon a showing by the applicant that
there is a bona fide emergency or calamity whereby the imposition of the above-referenced
provision would delay the solicitation to such an extent that it would defeat the purposes thereof. In
waiving such requirements, the council may impose such substitute reasonable requirements as in its
judgment the emergency conditions warrant. In no event will the council however grant a waiver of
any or all of the above provisions in the event that it appears that there is not a bona fide
emergency or that if there is an emer§ency, that it was created due to the action or inaction of the
applicant such as when the applicant has had notice for a substantial period of time that an event
was to take place, yet the applicant delayed until shortly before the event making application to the
city for a solicitation permit.
Sec. 22-62. Application.
APPLICATION FOR PERMIT TO SOLICIT
IN THE CITY OF DELRAY BEACH) FLORIDA
Name of Organization
Address Telephone Number
Incorporated: Yes: ~ No: ~ Date of Incorporation:
Names of Officers and Directors
Purpose of Organization
Name of Local Paid Executive:
KI~ID OF ACTIVITY:
(General Solicitation, Ball, Motion Picture, etc.)
Specific Purpose of Solicitation
Each of the persons who will be doing soliciting are listed on a separate Exhibit A to be
attached to this Application which shall list the solicitors name, home address, telephone
number, date of birth, social security number, drivers license number if the solicitor has a
drivers license, and as to solicitation that is not occurring at a fixed location such as a
V.F.W. Hall, the applicant shall specify in what area of the city each solicitor shall be for
· each day the solicitation is requested to take place. This Exhibit A need not be published
as part of the required publication set forth in Section 22-~9 of the Charitable
Solicitations ordinance.
6 ORD. NO. ~-0-82
Name and Address of Local Chairman or Person Directing Solicitation
Goal Dates of Solicitation
Methods of Solicitation
Paid Promoters or Solicitors Percentage Agreement
Estimated Administrative Cost of Fund Raising in Items Underwritten
Deiray Beach
Estimated Percentage of Proceeds to be expended in Delray Beach:
LATEST SOLICITATION IN THE CITY OF DELRAY 5EACH:
Total Amount collected in 19
Total Expenses in 19
Remitted to Nationa[ or State in 19
Amount of Proceeds Expended in Palm Beach County in 19
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures for previous year for local, regional and
national organization.
The applicant hereby agrees that prior to allowing solicitors to undertake activity
soliciting charitable contributions that the applicant will inform each solicitor of the
nature and purpose of the drive and provide each solicitor with a copy of the
advertisement or other publication approved under Section 22-49 of the Charitable
Solicitations ordinance. The solicitor shall be informed that he is to show this material to
any person raising a question as to the expenc[iture of funds being solicited.
The applicant further agrees to acquaint said solicitors with' all the rules and
regulations provided in Article III, Chapter 22, Code of Ordinances of this City, and
agrees that any violations thereof will subiect the organization to punishment as provided ·
therein, including the revocation of the right to solicit in this City.
This application shall be sworn to by the applicant and shall be accompanied by a
consent of the charitable organization involved consenting to the solicitation of funds on
behalf of said charitable organization.
Name of Applicant
By:
Title:
SWORN TO AND SUBSCRIBED before me this day of
7 ORD. NO. 40'82
Notary Public, State of Florida
My Commission Expires:
City Council:
Approved:
Disapproved:
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by.a Court of competent jurisdiction to be invalid,
such decision shall not aSfect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. This Ordinance shall take effect immediately upon its passage on second and
final reading·
PASSED AND ADOPTED in regular session on this the 8th day of June ,1982.
MAYOR
ATTEST:
~ Clerk
First Reading May 25, 1982
Second Reading June 8, 1982 '
8 ORD. NO. ¢0-82