HomeMy WebLinkAboutORD 72-15KEWJ r / im/ 2 / 21 / 7 2
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ORDINANCE NO. 1�7
ENTITLED AN ORDINANCE AMENDING CHAPTER 2.7
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY REPEALING SECTION 27-1.2 AND
ENACTING A NEW SECTION 27-1.2 IN LIEU THEREOF;
BY REPEALING SECTION 27-1.3 AND ENACTING A
NEW SECTION 27-1.3 IN LIEU THEREOF; BY REPEAL-
ING SECTION 27-1.6 AND ENACTING A NEW SECTION
27-1.6 IN LIEU THEREOF; REQUIRING A CHARITABLE
SOLICITATIONS PERMIT; PROVIDING EXCEPTIONS;
PROVIDING REQUIREMENTS TO BE CONTAINED IN THE
APPLICATION FOR A CHARITABLE SOLICITATIONS
PERMIT; PROVIDING FOR PERIOD OF DURATION OF
THE CHARITABLE SOLICITATIONS PERMIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT.
Section 1.
That Chapter 27 of the Code of Ordinances of the City
of Beaumont be amended by repealing Section 27-1.2 and enacting
a new Section 27-1.2 in lieu thereof, which said Section 27-1.2
shall read as follows:
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"Sec. 27-1.2.
Permit—Required.
"As used in this chapter, the term
'charitable solicitations campaign' shall mean
any course of conduct whereby any person,
organization, society, association, corporation,
or any agent, member or representative thereof
shall solicit property or financial assistance
or sell or offer for sale any article, tag',
service, emblem, publication, ticket, advertise-
ment, subscription or anything of value on the
plea or representation that such sale or
solicitation or the proceeds therefrom are for
a charitable, educational, patriotic or philan-
thropic purpose. It shall be unlawful to
conduct any charitable solicitations campaign
on the streets or in any public place or by
house to house canvass or by telephone in the
City of Beaumont unless the person, organization,
society, association or corporation conducting
same and responsible therefor shall first have
obtained a permit in compliance with the terms of
this chapter; provided, however, that the pro-
visions hereof shall not apply to:
(a) Any church, congregation, religious
society, sect, group or order which
solicits funds for religious
purposes; or
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(b) Any organization which solicits
funds solely from its own assemblies
not using public street or public
places for such purposes; or
(c) Any charitable solicitations campaign
conducted by an organization or group
composed of residents of the City of
Beaumont which uses as solicitors its
own members, members of their immediate
families, and members of other non-
profit organizations, who are residents
of the City of Beaumont, subject to
the following terms and conditions:
(1) All solicitors must be bona
fide members or members of the
immediate family of a bona fide
member of the organization or
organizations conducting the
charitable solicitations campaign,
and not recruited solely for the
purpose of soliciting funds.
(2) No person serving as a solicitor,
organizer, leader, or participant
in said charitable solicitations
campaign shall be paid a salary,
wage, or. commission for his
participation in said campaign.
(3) The person or persons responsible
for organizing or directing said
charitable solicitations campaign
must be residents of the City of
Beaumont."
Section 2.
That Chapter 27 of the Code of Ordinances of the City
of Beaumont be amended by repealing Section 27-1.3 and enacting
a new Section 27-1.3 in lieu thereof, which said Section 27-1.3
shall read as follows:
"Sec. 27-1.3.
Same—Application; information
to Be contained.
"A permit to conduct a charitable solicitations
campaign on the streets or in any public place or by
house to house canvass or by telephone in the City
of Beaumont shall be granted only after notice and
hearing upon an application for such permit filed
in triplicate with the city clerk not less than
Len (10) days prior to the date of the hearing.
Such application shall be sworn to by the applicant
and shall contain the following information:
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(a) The full name of the organization
applying for a permit to solicit and
the address of the headquarters in the
city; if the organization is a chapter
or other affiliate of an organization
having its principal office outside
the city, the name and address of the
parent organization.
(b) The names and addresses of all officers
and directors or trusteesof the
organization and the name and city of
residence of all officers, directors or
trustees of the parent organization, if
any.
(c) The purpose or purposes for which the
gross receipts derived from such
solicitations or other activities are
to be used.
(d) The name of the person or persons by
whom the receipts of such solicitation
shall be disbursed; if the receipts
are transmitted to a parent organization
for further disbursement, detailed
information on the methods of handling
and disbursement of all funds and a
detailed and complete financial statement
of the parent organization for the last
preceding fiscal year.
(e) The name and address of the person or
persons who will be in charge of
conducting the charitable solicitations
campaign.
(f) An outline of the method or methods
to be used in conducting the charitable
solicitations campaign.
(g) The period within which such charitable
solicitations campaign shall be conducted,
including the proposed dates for the
beginning and ending of such campaign.
(h) The total amount of funds proposed to
be raised.
(i) The amount of all salaries, wages, fees,
commissions, expenses, and costs to be
expended or paid to anyone in connection
with such caiimpaign, together with the
manner in which such wages, fees,
commissions, expenses and costs are to be
expended, and the maximum percentage of
funds collected which are to be used to
pay such expenses of solicitation and
collection.
ISIM
(j) The names of all officers, directors
or trustees present when the decisions
were made in reference to subsections
(h) and (i) above.
(k) A detailed and complete statement of
the funds (if any) collected by the
applicant during the preceding year
from solicitations or other activities
described in section 27-1.2, which
were the same or substantially the
same as those for which the applicant
is seeking a permit, such statement to
show the gross amount collected, all
costs of collection or solicitation, and
the final distribution thereof.
(1) A full statement of the character and
extent of the charitable, educational,
patriotic or philanthropic work done
by the applicant within the city during
the preceding year.
(m) If the applicant is a corporation, a
copy of its charter or articles of
incorporation from its state of incorpor-
ation; if the applicant is a foreign
corporation, a copy of its certificate
to do business in Texas.
(n) If the applicant is a charitable
corporation or other organization, proof
of its current status as an organization
to which contributions are tax deductible
for federal income tax purposes."
Section 3.
That Chapter 27 of the Code of Ordinances of the City
of Beaumont be amended by repealing Section 27-1.6 and enacting
a new Section 27-1.6 in lieu thereof, which said Section 27-1.6
shall read as follows:
"Sec. 27-1.6. Same—Duration.
"The charitable solicitations commission shall
determine from the application and from a preponderance
of the credible evidence adduced at the hearing the
period during which the applicant shall be permitted
to conduct its charitable solicitations campaign.
Any extension of such period shall be granted only upon
the filing of an application and after notice and
hearing of the same kind and character as is required
for the original permit."
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Section 4.
That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a
particular set of persons or -circumstances should for any reason
be held to be invalid, such invalidity shall in no wise affect
the remaining portions of this ordinance, and to such end the various
portions and provisions,of this ordinance are declared to be
severable.
Section 5.
That all ordinances and partsof ordinances in conflict
herewith are hereby repealed.
Section 6.
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED by the City Council thisc2o?:,-�.Z day of �2G1
1972.
Mayor -
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