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.
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(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
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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.
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(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
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(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
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