02-79 ORDINANCE NO, 2-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE III, "CHARITABLE
SOLICITATIONS", SECTION 18-35 TO MODIFY THE REQUIREMENT FOR
NEWSPAPER ADVERTISING; AMENDING SECTION 18-41 TO INCREASE
THE PERCENTAGE OF MONEY COLLECTED WHICH IS REQUIRED TO BE
SPENT FOR PURPOSES OF THE DRIVE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLO¥~$:
Section
~t Chapter 18, Section 18,35, of the Code of
Ordinances of the City of Delray Beach is hereby amended to read as follows:
Section 18-35. Same - Information to be Public and Published.
The information contained in said application for permit
to solicit funds for charitable purposes shall be available to
the public. The information contained therein shall be published
in a newspaper designated by the city Council, of general cir-
culation in the City, 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 be approved in
advance by the City Council or the Committee designated by the
City Council for this purpose. 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 ~e~ ~4~ ee~m~s w~e a~ ~e~ ~ ~ehes ~ ~e~ 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.
Section 2. That Chapter 18, Section 18-41, of the Code of
Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Section 18-41. Allocation of Funds; Effect Upon Issuance of
Permits.
It is required by the City Council of the City of Delray
Beach, Florida, that at least ~y ~e~ ee~ ~%~ sixty per
cent (6~%) 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 ~y forty per cent ~%~ (40%)~ should have gone for fund
raising administration, public information and reserve funds.
· ~ ~a~e~ a pe~m~ ~e se~e~ ~e~ ~he p~e~s~e~s he~e~a~ the
~ay ~e~ae~ w~ ~e~se a ~eg~es~ {e~ pe~m~ where sa~ e~pe~ses
e~eee~ e~y ~e pe~ ee~ ~8~%~. In no event will City Council
grant a permit when said exp. enses, excludinq.reserve funds,
exceeded .thirt~]oercent_(30%) of the money collected.
In the event the expenses are less than twenty per cent
(2~/o), the City Council may endorse said permit. In cases
where the expenses are greater than twenty per cent (20%) but
less than eh~y-~e thirty per cent ~8~%~ (30%), the City
Council will grant said permit without endorsement.
Section 3. 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 De invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declare~ to ~e invalid.
Section 4. That this ordinance shall become effective ten (10)
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 22nd
day of January , 1979.
MAYOR'
ATTEST:
City Clerk
First Reading
iSecond Reading January ~.. ]979
.i - 2 - ORD. NO. 2-79