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Ordinance No. 95-93-56 v Ncr 9145s. ORDINANCE NO. 95-93-56 AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS RELATED TO CHARITABLE SOLICITA- TIONS, REQUIRING A PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 18 of the Atlantic Beach Code applies to solicitors as defined therein and prohibits certain acts upon residential premises in the City, and WHEREAS, the City Commission desires to adopt various rules and regulations with regard to all charitable solicitations within the corporate limits of the City, whether on residential or other property, and WHEREAS, the City Commission desires to require anyone engaged in charitable solicitations to obtain a permit, unless excepted from said requirement herein, and to establish a method of appeal from the denial or revocation of any such permit issued by the City. NOW THEREFORE, be it ordained by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. Chapter 18 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Chapter 18 CHARITABLE SOLICITATIONS; HAWKERS Sec. 18-1. Definitions. (1) Charitable: Of or relating to any benevolent, civic, educational, fraternal, philanthropic, religious, humane, patriotic, voluntary health or other eleemosynary activity or cause. (2) Donation: The act of making a gift or contribution to a charitable activity or cause, including, but not limited to, contributions of clothing, food, money, pledges, property, subscriptions or anything else of value. (3) Hawker: Any person who shall rent or sell or offer to sell at wholesale or retail any commodity, product, goods, wares or merchandise of any kind from a stand, wagon, parked vehicle, container, push cart or tent upon any street or public property or any vacant private property. (4) Person: Any individual, firm, partnership, corporation, company, association, society, organization, trust, group or league. (5) Solicitation: The request, either directly or indirectly, of any donation or contribution for charitable purposes, including, but not limited to, any oral or written request; the sale, offer to sell or attempt to sell any article, service, publication, adver- tisement, subscription, membership or other thing for charitable purposes; or, the making of any announcement to or through the press or other media concerning an appeal, drive or campaign to which the public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any donation. Sec. 18.2 . Permit Required; Application. (1) It shall be unlawful for any person to solicit donations for charitable purposes within the City without first having obtained a permit therefor; however, the provisions of this subchapter shall not apply to any solicitation conducted solely among members of charitable organizations by other members thereof . (2) Application for a charitable solicitation permit, whether made initially or for renewal, shall be made to the City Clerk upon the appropriate forms provided therefor. Such application shall be affirmed under oath and filed with the City Clerk and shall contain the following information: (a) The full name, mailing address and telephone number of the person or organization sponsoring, promoting or conducting the proposed solicitation, including, if applicable, the name and address of national or parent organizations. (b) The full name, address and telephone number of the individual person or persons who will have supervision of or responsibility for the proposed solicitation. (c) The full name, address and telephone number of the individual person or persons who will be engaged in the act of soliciting for the charitable activity or cause. If paid professional solicitors will be used, their names and verification of state registration shall be required to be given. (d) The purpose for which the solicitation is to be made and/or intended use of donations. (e) A description of the proposed activities, including the method or methods to be used in conducting the solicitation (i. e. , face-to-face, telephone, house-to-house, or the like) , the location where the solicitation will be conducted, any items to be distributed and the type of donation to be solicited. (f) The dates when the proposed solicitation will begin and end. 2 (g) A statement that the organization and/or any person involved in the solicitation has not been convicted of a crime involving fraud within the two years preceding the filing of the application. (h) A statement to the effect that the granting of a permit will not be used or represented in any way as an endorsement by the City or by any department or officer thereof. (i) If applicable under F. S. Chapter 496, certificate of registration number and state tax exemption number. (j ) A statement delineating the percentage of solicited funds to be used toward the expenses of the solicitation and the percentage to be donated to charity. (k) A complete set of fingerprints taken by the Chief of Police or his authorized designee. (3) Within ten (10) days of filing a completed permit appli- cation, the City Clerk shall issue a charitable solicitation permit unless he finds one or more of the following to exist: (a) That one or more of the statements in the applica- tion are incorrect, provided the applicant has been given the opportunity to correct or amend its application; (b) That the applicant has refused to provide the information requested in the application; (c) That the applicant or any agent or representative of the application who will participate under the permit has been convicted of a crime involving fraud or moral turpitude within the past two years. (4) Permits issued pursuant to this subchapter shall state the name and address of the applicant, the number of the permit, the date issued, the dates within which the applicant may solicit, and a list of the names, addresses and telephone numbers of the person or persons who will be responsible for or supervise the solicitation. (5) Permits shall be valid for a period of ninety (90) days from the date of issuance. Should additional time be needed for the proposed solicitation, the applicant may apply for a renewal permit upon the form provided for initial application. Each renewal application shall be processed by the City Clerk in the same manner as the initial application and shall be valid for an additional ninety (90) days. (6) It shall be the duty of the applicant to keep all infor- mation in the application up-to-date and complete. Should the need 3 arise to amend the application, the applicant shall submit the information on the form provided for initial application. Each amended application shall be processed by the City Clerk in the same manner as the initial application. (7) No permit issued pursuant to this subchapter shall be transferable or assignable. Sec. 18-3. Fees. A fee of Fifteen Dollars ($15. 00) to cover the cost of invest- igation of the applicant and processing of the application shall be paid to the City Clerk when the application is filed and shall not be returnable under any circumstances. A fee of Fifteen Dollars ($15 . 00) shall be paid with each renewal application as well. Sec. 18-4. Denial or Revocation; Appeals. (1) If the City Clerk finds the existence of one or more of the deficiencies set forth in Sec. 18-2 (3) in the application, she shall deny the applicant a permit. If a permit has already been issued, she shall revoke the permit. (2) If the City Clerk denies or revokes a permit, upon the written request of the applicant, she shall place the matter on the agenda of the next regularly scheduled meeting of the City Commis- sion for review of her decision. In reviewing the decision of the City Clerk, the City Commission shall determine whether one or more of the factors outlined in Sec. 18-2 (3) exists. Sec. 18-5. Regulations and Prohibitions. (1) While engaged in soliciting, each solicitor must carry and display the permit issued by the City Clerk which shall contain the name, address and telephone number of the solicitor, as well as the name of the person or organization for whose benefit or on whose behalf the solicitor is acting. (2) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free movements of any person against that person' s will or seek to coerce or physically disturb any other person. (3) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic within the City. (4) No solicitor shall solicit door-to-door at any residence between the hours of 9 : 00 p.m. and 8 : 00 a.m. (5) Solicitors shall solicit only during the conditions permitted. 4 (6) Solicitors shall not solicit at nor enter upon any premises within the City where a "No Solicitation" sign is posted in accordance with the provisions of this subchapter, unless otherwise invited onto the premises for that purpose. Sec. 18-6. Posting of "No Solicitation" Sign. Any person in possession or in charge of any premises within the City who desires to remain undisturbed by the visit of uninvited solicitors may post or place in a conspicuous place near or at the entrance of the premises a sign containing the words "No Solicitation" or a substantially similar message in letters easily read by a person approaching the premises. Sec. 18-7. Inspection of Books and Records. Upon request of the City Clerk, the holder of a permit shall make available for inspection by any agent of the City all books, records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. Sec. 18-8. Hawkers Prohibited. No person shall be engaged as a hawker within the corporate limits of the City or on the City beach. Sec. 18-9 . Exceptions. In addition to the exception provided in Sec. 18-2 (1) herein- above, the provisions of this section shall not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the City Clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identifi- cation with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the City; (4) Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries; (5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state; and 5 (6) Any charitable, religious, fraternal, youth, civic, service or other organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal , youth, civic and service activities of the organization. Sec. 18-10. Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500. 00 or by imprisonment not exceeding ninety (90) days, or both. " SECTION 2 : The provisions adopted herein shall prevail over any existing sections of the Atlantic Beach Code to the extent said existing sections are contrary or inconsistent herewith. SECTION 3 : This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 12th day of April , 1993 . PASSED by the City Commission on second and final reading this day of , 1993 . ATTEST: MAUREEN KING, City Clerk WILLIAM I . GULLIFORD, JR. Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 6