37-67 ORDINANCE NO. 37-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS
18-31 THROUGH 18-38, CHAPTER 18 ARTICLE III
(CHARITABLE SOLICITATIONS) AND AMENDING AND
RE-ENACTING NEW SECTIONS 18-31 THROUGH 18-45
REGULATING SOLICITATION FOR CHARITABLE AND
OTHER SIMILAR PURPOSES AND PROVIDING A PEN-
ALTY FOR ANY VIOLATION THEREOF.
WHEREAS, on the 8th day of June, 1964, the City Council of the City
of Delray Beach, Florida, adopted Ordinance No. G-550 regulating chari-
table solicitations within this community; and
WHEREAS, the City Council wishes to repeal, amend and re-enact cer-
tain code provisions in Section 18, Chapter 18, in order to more fully
protect its citizens from fraud by requiring additional financial re-
ports, identification cards, and additional information on the authen-
ticity and authority of the promoters and solicitors;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~e~tion 1: That Sections 18-31 through 18-38, Chapter 18 of the
Code of Ordinances of this City be, and the same are repealed, and
Article III (CHARITABLE SOLICITATIONS) Chapter 18, shall hereafter
consist of new sections 18-31 through 18-45, to read as follows:
"Section 18-31. When used in this Article, certain words and
terms are hereby defined as:
(a) 'Solicit' and 'solicitations' shall mean 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.
(b) 'Charitable' shall mean and include the words patriotic,
philanthropic, religious, social service, including research,
welfare, benevolent, educational, civic, or fraternal, either
actual or purported.
(c) 'Person' shall mean any individual, organization, firm,
copartnership, corporation, company, association, joint stock
association, church, religious or league, and includes any
trustee, receiver, assignee, agent or other similar repre-
sentative thereof.
(d) 'Cost of Solicitation' shall mean 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 specifically include the following: All
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 as part of the
cost of fund raising regardless of the nature of the material.
Section 18-32. Any person, firm or corporation desiring to
solicit funds in any manner whatsoever for charitable purposes,
as herein defined, in the City of Delray Beach shall file an
application, in duplicate, on a form approved by the City Council
on the 27th day of November , 1967. Said application must be
Page 2. Ordinance No. 37-67.
filed with the City Clerk at least six weeks prior to the com-
mencement of the requested period for soliciting, but not more
than six months prior to said period.
Section 18-33. The City Council shall, upon consideration of
said application, in its sound and sole judgment, either grant or
deny the issuance of a permit for the solicitation of funds for
charitable purposes in the City of Delray Beach. Said permit
shall be effective for a period to be set by the City Council,
but shall not exceed a period of two weeks of door-to-door so-
licitation. No more than one such drive may be conducted during
any approved period. Any organization which exceeds the above
two-week period or overlaps another drive without the permission
of the City Council shall be denied a permit for the next year's
drive in addition to any penalty prescribed in Section 18-45.
Section 18-34. No organization shall be eligible for a permit
unless there is a fully organized unit in Palm Beach County. The
active supervisor of the drive in this City must be a resident of
this City.
Section 18-35. The information contained in said application
for permit to solicit funds for charitable purposes shall be avail-
able to the public. The information contained therein shall be
published in a newspaper designated by the City Council, of gen-
eral circulation in the City, at least two weeks and not more than
three 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 col-
lected 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 four columns wide and'ten
inches in length.
Section 18-36. Thirty days after the solicitation of funds is
completed, the results of such solicitation shall be filed with
the City Council, which shall be available to the public at all
times. The following information shall be provided:
Name and Address of Organization
Kind of Activity
Dates of Solicitations
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 Receipts
EXPENSES:
Salaries, wages, commissions
Remuneration to promoters or managers
Remuneration to entertainers, musicians, etc.
Rentals - auditorium, building, etc.
Rental or purchase of equipment
Cost of refreshments, food, merchandise, etc.
Administrative costs (including printing, stationery,
postage, telephone, etc.)
Page 3. Ordinance No. 37-67.
Advertising and publicity
Other expenditures
Total Expenditures
NET REMAINING FOR CHARITABLE PURPOSES
DISTRIBUTION OF FUNDS: Furnish detailed information. If solici-
tation was in behalf of another organization or association,
show its name, address, date funds were released and amount.
Said report of the results of the solicitation shall be signed
and sworn to by an authorized official of the organization.
Section 18-37. The City Council shall have the right, in its
discretion, at any time to require that the books of any organ-
ization having a permit to solicit funds for charitable purposes
in the City of Delray Beach be made available for inspection and
examination by the City Council or some committee designated by
the City Council. Should the City Council at any time request
or require any additional information not hereinabove specifically
required, upon failure of any person, firm or corporation to fur-
nish such additional information upon request, the granting of any
permit shall be refused until such information has been furnished
or in the event a permit has been issued, the same shall be sub-
ject to cancellation because of such failure to furnish informa-
tion requested. The Council, or its designated committee, shall
be authorized to require organizations applying for a permit to
have an officer or director appear in person at any hearing in
addition to paid local directors, in the event the Council, or
its committee, feels it desirable to have someone present to ex-
plain in detail any financial reports from higher levels of the
parent organization.
Section 18-38. The provisions herein requiring a permit shall
not apply to:
(a) Any established church, which solicits funds from its
own members or from its own congregation; and
(b) Any fraternal, social, patriotic, cultural or educational
organization which solicits funds solely from its own members
or from its own assemblies; and
(c) Any organization selling a product at or near its normal
retail value.
Section 18-39. It shall be unlawful for any organization to
allow children under eighteen years of age to engage in charita-
ble solicitation within this City unless under the direct super-
vision of an adult.
Section 18-40. Ail persons to whom permits have been issued
under this Chapter shall furnish proper credentials to their
agents and solicitors for such solicitation. Such credentials
shall consist of an identification card substantially in the form
approved by the City Council on the 27th day of November ,1967.
The final form of said card shall be subject to approval of the
City Council, or its committee, prior to the issuance of the per-
mit. No person shall solicit any contributions unless he exhib-
its the identification card provided for in this Section of the
Code and reads it to the person solicited or presents it to said
person for his perusal, allowing him sufficient opportunity to
read same, before accepting any contribution so solicited. The
card shall also be shown, upon request, to any police officer of
the City. ~en solicitation is by letter, a copy of said identi-
fication card shall be attached thereto°
Page 4. Ordinance No. 37-67.
Section 18-41. It is recommended by the City Council of the
City of Delray Beach, Florida, that at least fifty per cent of
the money collected in the previous year's drive should have gone
for the purpose of the drive, such as research and patient serv-
ices in the case of health agencies and not more than fifty per
cent should have gone for fund raising, administration, public
information and reserve funds. In granting a permit to solicit
under the provisions herein, the City Council will refuse a re-
quest for permit where said expenses exceed fifty per cent. In
the event the expenses are less than twenty-five per cent, the
City Council may endorse said permit. In cases where the ex-
penses are greater than twenty-five per cent but less than fifty
per cent, the City Council will grant said permit without endorse-
ment.
Section 18-42. The City Council reserves the right to waive
the whole or any part of Article III of Section 18 for the pur-
pose of meeting any extraordinary emergency or calamity.
Section 18-43. If, upon receipt of written information or
upon its own investigation, the City Council or its committee
shall find that any agent or representative of the permit holder
is misrepresenting or making untrue statements with regard to the
solicitation, or has made untrue statements in the application or
otherwise violated the provisions of this Article, or that in any
other way the solicitation has been conducted or is being conduct-
ed in a manner inimical to the protection of the health, life and
property of the citizens of the City and not in conformity with
the intent and purpose of this chapter, or representing in any
way that any permit granted hereunder is an endorsement of such
solicitation, when such is not the case, then it shall be the
duty of the City Council or its committee to revoke the permit;
provided, however, that before any permit is revoked, the City
Council shall give the permit holder twenty-four hours' notice
in writing that a hearing is to be had and that at the hearing
the City Council shall ascertain the facts, and if any reasons
above set forth for revoking the permit are found to exist, the
permit shall be revoked.
SECTION 18-44. Solicitation by means of coin or currency
boxes or receptacles is prohibited within the City, except:
(a) When 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, agent or solicitor of the soliciting
organization; and
(c) When such responsible person is required to pick up
each box or receptacle at the end of any approved solici-
tation period which, for such receptacles, shall not ex-
ceed two weeks; and
(d) ;~en such responsible person has no more than a reason-
able number of such boxes or receptacles for which he must
account.
Section 18-45. Any person, firm or corporation found guilty
of a violation of any of the provisions of this Article, shall,
upon conviction, be punished in accordance with the provisions
of Section 1-6 of this Code."
Page 5. Ordinance No. 37-67.
~ectipn 2: All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
~ction..3: Specific authority is hereby granted to codify and in-
corporate this ordinance in the City's existing code.
Section 4: This ordinance shall take effect at the time and in the
manner as provided by the Charter of the City of Delray Beach, Florida.
PASSED in regular session on the second and final reading on this
the 27th day of November , 1967.
MAYOR
ATTEST: ~
First Reading November 13, 1967
Second Reading November 27, 1967
Page 1. Attachment to Ordinance No. 37-67.
Form approved by
City Council
November $7 . , 1967
City Code, Chapter 18.
APPLICATION FOR PERMIT TO SOLICIT
IN THE CITY OF DELRAY BEACH, FLORIDA
Name of Organization
Address Telephone No.
Incorporated: Yes: __No: Date of Incorporation
Names of offi'Ce~S"a'nd ~irect°rs ...........
Purpose of organization
Name of Local Paid Executive:
KIND OF ACTIVITY:
(General Solicitation, Ball, Motion Picture, etc.)
Specific Purpose of Solicitation
Name and Address of Local Chairman of Person Directing Solicitation
Goal Dates of Solicitation
Methods of Solicitation
Paid Promoters or Solicitors Percentage Agreement
Estimated Administrative Cost Items Underwritten
of Fund Raising in Delray Beach
Estimated Percentage of Proceeds to
be expended in Delray Beach
Page 2. Attachment to Ordinance No. 37-67.
LATEST SOLICITATION IN THE CITY OF DELRAY BEACH:
Total Amount collected in 19
Total Expenses in 19
Remitted to National 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 organization hereby agrees that prior.to contacting solicitors
for this drive that it will inform any such solicitors the nature and
purpose of the drive and shall specifically inform them of how the
percentage dollar amount collected the previous year was expended.
The organization further agrees to acquaint said solicitors with
all the rules and regulations provided in Article III, Chapter 18,
Code of Ordinances of this City, and agrees that any violations
thereof will subject the organization to punishment as provided
therein, including the revocation of the right to solicit in this
City for a period of one year.
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
, 19 .
Notary Public
City Council:
Approved:
Disapproved:
Page 3. Attachment to Ordinance No. 37-67.
IDENTIFICATION CARD
In compliance with Ordinance No. 37-67.
CITY OF DELRAY BEACH, FLORIDA
By law this card must be read or presented
to all prospective donors.
NOT AN ENDORSEMENT FOR INFORMATION ONLY
Palm Beach County Chapter of
Will conduct its annual appeal.
From to
Distribution of $
Income last year
Fund Raising,
Administration and
Public Information $ .. %
Research $ ,, %
Patient Service $, %
Public Health
Information $., %
Reserve Fund $ %
Transmitted to
National,
State or Area $.. %
Total Distribution $ %
Each dollar contributed to
last year was spent as shown below.
//' Fund Raising,
/ Administration and
/ Public Information
Note: Compliance with other applicable laws is not
~ived by the issuance of a permit to solicit.
To be used only by the solicitor whose signature
appears below. Compare with your receipt.
Signatures:
Delray Beach ~airman Solicitor
Date effective , Expires
For further information phone Solicitation Committee.
~ 275-4196
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACHi /'}
Before the undersigned authority pers~ 7~,ea, r/e~ .~.~-~ .~.." .~.~~
who on oath says tha~ he/~e is ............. k~.~.~ff.~f~ .................. of The Delray~Beaeh
News-Journal, a weekly newspaper published at Delray ]~e~ae~ i~Paln~ Beach County, Flor-
ida; that the attac~d .cop3~ o~ adver~se~ent, being a,~l..~./~,..~_~......~...~...7..~...~..~ ......
in the ............... ~.._.,.... ............ .~. ........................ Court,_was~ublished in said newspaper in the
Affiant ~urther says that the said I)elray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post o~fice in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publicatio~ in the said newspaper.
Sworn to and subscribed before me this ....... day of .D. 1