G-551(32-64) ORDIHANCE NO. 0-551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, A~NDING CHAPT~ 18 (PEDDLERS AND SOLICITORS) OF THE
CODE OF THE CITY OF DELRAY EEACH BY ADDING THERETO A NE%'; ARTICLE
II (TELEPHONE SOLICITATIONS), CONTAINI?IG NEW SECTIONS 18-21
THROUGH 18-27, KEGULATING TELEPHONE SOLICITATIONS, PROVIDING FOR
A P~',R~T ~2~D LIC~NSE FOR TE~PHONE SOLICITORS DOING BUSINESS IN
TH£ CITY OF DELRAY B~CH; PROVIDING FOR A DETHOD OF APPLYING FOR
SUCH t E.'d~rTS AND LICENSES$ },Am.KInG IT UNLAWFUL TO F~NGAGE IN SUCH
BUSINESS WIT~iOUT SUCH PERi, LIT AND LI CENSEr; PROVIDING ~EAN8 AND
R~%SONS FOR ~OCATIONS OF SUCH PEfd~iITS AND LICENSES; PROVIDING
PENALTIES FOP, THE VIOLATION CF THiS ORDINANCE; REPEALI~G ALL
ORDIN~.i, CES OR PARTS OF ORDINkNCES IN CC~IFLICT }{E~%E%JITH; PROVIDING
FOR A S~VIMGS CLAUSE; AUTHORITY %~D CODIFY; AN EFFE~'TIVE DATE; AND
FOR OTHER PURPOS?~.
BE AND IT IS ~NY ORDAI~IED BY THE CITY COU~ICIL OF ~{E CITY OF
DEL~AY BEACH, FLORIDA:
SE~CTION.._i: Th&$ ~he Code of ~h~e City of Delray Beach, Florida,
be aRd i~ t$ he~e~ further amended by adding %hereto
a new Ar~icle II (Telephone Seli¢itations) ~o Chapter
18 (Peddlers and Solicitors) which Article ti shall
con'Jain the new s~ctions 18-21 through 18-27~ reading
as follows:
ARTICLE II
~.ELEPHONE $OLICITATIONS
Se.c.:_ lS-21. Telephone So!ici~a%ions, license required.
It shall be unlawful for any person in his own
name or on behalf of another person, company or or~ni-
zation %o solicit funds or contributions for a charity
or purported charity or to solicit a sale of merchan-
dise or service by use of the telephone without having
fi~'s~; obtmined a telephone solicitor's license as re-
quired by this Chapter and Chapter 16 of this Cede.
Sec. 18-22, Telephone solicitation license, appli-
cation.
Applicants for telephone solici%a$ion license
shall file with the ~ax collector application uFon
forms prescribed and furnished by %he %ax collector,
approved by the City Council ~1 ju..ne., . .8th ~ 1964.
Sec. 18-23. Telephone Solicitations - Identification.
Telephone solicitors must, at the beginning of each
telephone solicitation message, state %0 the recipien'O
of such ~elephone call, "This is a telephone solici-
tation''.
Sec. 1~..?~. Same - ~.~isleading sales message.
It shall be unlawful to represent in any telephone
solicitation message bha% the recipient of such message
has won a con%est, is ~o be given a prize or gift or
otherwise mislead %he recipient of such message as %o
thc object of such solicitation.
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Sec. 18-..2_~. Same - Text of solicitor's messages to
be submitted to City Council.
The text of every telephone solicitation message
must be submitted to the City Council and approved by
them prior to being used in any solicitation campaign.
Use of telephone solicitation messages which have not
been approved by the City Council shall be grounds for
revocation of the solicitor's license of the person
making such call and of the employer of such person.
Sec. 18-26. List of persons not wishing to be
solicited by telephone.
The tax collector shall maintain a list of persons
who do not wish to receive telephone solicitation
messages. Persons desiring to have their names placed
on such list must come to the office of the tax collec-
tor and sign a register :~intained by the tax collector
for such purpose. A current copy of such list shall be
furnished each licensee at the time ~As telephone
solicitor's license is issued and the tax collector,
as names are added to such list or removed therefrom,
shall notify all licensed telephone solicitors, by
mail, of such new names added to the list or names
removed therefrom.
(a) It shall be unlawful for any telephone
solicitor licensed by this city to telephone a person
whose name appears on such list from this city for any
of the purposes listed in section 18-21 hereof.
Sec. 18-27. Penalties.
Any person convicted of violating any portion
of this chapter shall be punished by a fine not
exceeding five hundred dollars or by imprisonment
in the City Jail for not more than sixty days or by
both such fine and imprisonment.
SECTION 2: 'All laws or ordinances or parts of laws or ordinances
in confiict herewith are hereby repealed.
SECTION 3: 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 affect the validity
of the remainder hereof as a whoie, or any part thereof,
other than the part declared to be invalid.
SECTION ~: Specific authority is hereby granted to codify this
ordinanc e.
- 2 -
This ordinance shall become effective immediately upon
it s pa s sage.
FIRST READING THIS 25th DAY OF ..... May , , ,A.D., 1964.
SECOND, FINAL READING I3~ FULL AND PASSAGE THE 8th DAY OF
June .... , A.D., 1964.
( CORPORATE SF3~ L )
ATTEST:
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Form Approved by City Council
June 8th , 196~
City Code, Chapter 18
TELEPHONE SOLICITOR APPLICATION
FOR LICENSE
RULES AND REGULATIONS
1. Application must be completed in full, otherwise it will not be
considered.
2. Application must be addressed to and be filed with the City Tax
Collector. If the completed application complies with these
rules and regulations, the Tax Collector shall thereupon trans-
mit the same to the City ~nager for submission to the City
Council for consideration.
3. No license will be issued by the Tax Collector until after the
application has been submitted to and approved by the City
Council and all required inspections are completed.
The license issued hereunder shall not extend beyond the date
stated in the application.
5. In the event of a violation or serious infraction, such license
may be cancelled, revoked or suspended by the City ~'Ianager.
Such cancellation, revocation or suspension, with the reasons
therefor, shall be reported to the City Council for confirmation
or rejection.
6. Applicant shall file with application a statement describing in
detail the service or conmuodity to be sold by telephone solici-
tation.
7. Name, location and date of last solicitation by telephone.
8. Statement or copy of guarantee of merchandise, commodity or ser-
vice to be rendered.
9. Name and permanent address of party making the guarantee.
10. Attach a list of all telephone solicitors or workers, and
addre ss e s.
Attach a nationally recognized credit agency report on the per-
son, firm, corporation or organization being represented.
12. Date(s) telephone solicitation is to be conducted.
13. No permit will be granted for any solicitation by telephone to
be conducted between the hours of 8:00 P.~,~. and8:00 A.Mo of the
foll owl ng da y.
APPLICATION FOR TELEPHONE SOLICITORS LICENSE
Date
To: City Tax Collector
City Hall
Delray Beach, Florida
1. Name of Applicant
2. ~miling Address Tel. No.
3. Business Location
Application for Telephone Solicitors License (Continued)
&. Describe in detail the services or comnodity
5. Have you ever used telephone solicitation before? Yes
No. If so:
Name
Lo cat i on Dar e
6. Copy of guarantee of satisfaction attached. If none, please
so state
Name and permanent address of party making such guarantee
7. Date(s) telephone solicitation is to be conducted:
8. Attached list of all telephone solicitors or workers and
addresses. Attached
9. Attach a nationally recognized credit agency report on the
person, firm, corporation or organization being represented.
Attached If none please so state
10. We agree to solicit by telephone only between the hours of
8:00 A.M. and 8:00 P.M. Yes No
Name of Applicant
By:
Title
City Council: Approved
Disapproved
Minute Book
Page
DELRAY BEACH NEWS-JOURNAL
Published Semi. Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~TATE OF FLORIDA
COUNTY OF PALM BEACHi ~/~
Before the undersigned authoH~ l~jl~o~pea~r~~zz~. ~.~..-~~
Beach
News-Journal, a semi-weekly newspaper published at Delray Beach in Palm Beac~ County, Florida;
in the ...... , ....... :~r~--~--:~ ................................................... ~'r ~'~ ---'--CourtF-O~.s published in ~said new~aper in the
Beach, in said Palm Beach ~ount7, Florida, and that the said new~paper has heretofore be~n
eontinuousl7 published in said Palm Beach County, Florida, each week and ha8 been entered
a~ seeoml ¢las~ mail matter at the post office in Delray Beach, in saki Palm Beach County,
Florida, for a period of one year next preceding the first publication of the attached cop7 of
ve~sement; and afflf:arlt further says that he has neither paid nor promised
8,a~n to and sub~el~l:~l beXore me th~ ....~~