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Ordinance 1092 ORDINANCE NO. 1092 AN ORDINANCE REGULATING SOLICITATION OF ADVER- TISEMENTS AND SUBSCRIPTIONS FOR CERTAIN PAMPH- LETS AND PERIODICALS, AND REGULATING SOLICI— TATION FOR RELIGIOUS, CHARITABLE, PATRIOTIC, FRATERNAL, PHILANTHROPIC OR POLITICAL ORGANI- ZATIONS; REQUIRING THE ISSUANCE OF A PERMIT AUTHORIZING SUCH SOLICITATION AND ESTABLISH- ING RULES AND REGULATIONS PERTAINING THERETO; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : It shall be unlawful for any person to solicit ad- vertising, or to solicit, or sell, or offer to sell merchandise or subscriptions, contracts for magazines, pamphlets, books or periodicals within the City of Miami Beach, where it is represented or asserted that any religious, charitable, patriotic, fraternal, philanthropic or political organization is to receive the benefit therefrom, without first having obtained a permit from the City Manager as provided in Section 6 of this ordinance . Such prohibition shall include personal solicita- tion, solicitation by mail, telephone or otherwise . SECTION 2: It shall be unlawful for any person to solicit ad- vertising, either in person, by mail, telephone or otherwise, for any local magazine, booklet, directory, pamphlet, newspaper or periodical, without first having filed a sworn statement with the City Manager containing the following in- formation: (1 ) Number of copies of the publication to be distributed. (2) Number of copies distributed per average issue for previous year, if any. 3 Frequency of issue during current year. 4 Frequency of issue during past year, if any. 5 Method of distribution and. whether free or otherwise. This information shall be available to the public at all times . This section shall not apply to regular publications now required by law to file a statement of circulation with the United States Post Office Department. SECTION 3: It spall be unlawful for any person to solicit or to obtain either in person, or by mail, telephone, or otherwise, any alms, moneys or gifts, either directly or in- directly, within the city by one or more of the following methods : (1 ) Without first having obtained a permit as provided in Section 6 of this ordinance. (2) By misrepresenting the name, occupation, financial, physical, and social condition or residence of the person soliciting, or the beneficiary of the funds solicited. SECTION 4: It shall be unlawful within the city to solicit eithe:. in person, or by mail, telephone, or otherwise, or to accept alms, moneys or gifts for any person, religious, charitable, patriotic, fraternal, philanthropic or political organization, to promote or participate in any entertainment, fair, bazaar, benefit dances, or carnival, or to offer tickets for sale therefor in the name of charity, patriotism, fraternal- ism, philanthropy or politics; or to solicit or accept gifts by any organization, without first having obtained a permit from the City Manager as provided in Section 8 of this ordinance . SECTION 5 : It shall be unlawful within the city for any person to conduct a rummage sale or to sell, or. offer for sale, any merchandise or any property which has been collected for sale for religious, charitable, philanthropic, fraternal, patriotic or political purposes, except on the premises of such organization, without first having obtained a permit from the City Manager as hereinafter provided. -1- Section 6. In order to obtain a permit for any of the activities described in Sec . 1 of this ordinance , the applicant and the organization, after filing the statement with the City Ma- nager, as required by Sec. 2 of this ordinance shall thereupon file with the advisory committee , as constituted by Sec. 14 of this ordinance, a written application under oath, signed by the appli- cant,together with an executive officer of the organization which he represents, containing the following information: 1 Date . 2 Name of solicitor. 3 Address of solicitor. 4 Length of residence in the city. 5 Name of principal . 6 Address of principal. 7 Percentage of funds solicited to be paid the solicitor, or if payment is to be made in the form of a salary, the amount thereof; the name and address of the person having charge of the financial books and records of such organization, and the name and address of the person having charge of the funds of such organi- zation. The signatures of such persons shall appear on the appli- cation. (8) The names and addresses of not less than three qualified electors of the city,who are freeholders and non-members of the or- ganization and who endorse the activities of such organization. The signatures of such persons shall appear on the application. (9) Lie methodand manner of so;u.citatlon. (10) such other Information as may be required by tue advisory Committee, in order for it to determine whether such solicitation is in the interests of, and not inimical to the public welfare . Section 7 . Whenever the advisory committee as constituted by section 14 of this ordinance, shall be satisfied with the application filed as set forth in section 6 of this ordi- nance, the committee shall recommend that such permit be issued. Section 8. In order to obtain a permit for any of the activi- ties described in Sections 4 and 5 of this ordi- nance, the applicant and organization which he represents shall first file with the advisory committee as constituted by section 14 of this ordinance, a written application under oath, signed by the applicant and an executive officer of the organization which he represents, containing the following information: 1 Name . 2 Address. 3 Age . 4 Sex. 5 Occupation. 6 Nationality. 7 Length of time resident of the city. 8 Purpose for which alms or gifts are to be used. 9 Commission or compensation paid to solicitor, and the names and addresses of three qualified electors of the city who are freeholders and non-members of the organization and who endorse the activities of such organization. The signatures of such persons shall be contained on the application. (10) Name of organization applying for a license to solicit, and the address of its headquarters . (11 ) Names and addresses of its principal officers and management. (12) The name of the person or persons by whom the receipts of such solicitation shall be disbursed, and whether such person or persons are qualified electors of the city. ( 13) The name and address of the person or persons who will be in direct charge of conducting the solicitation. (14) An outline of the method or methods to be used in conducting the solicitations . (15 ) The time when such solicitations shall be made, giving the preferred dates for the beginning and ending of such solici- tation. (16) The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions, or emoluments are to be expended, to whomaid, and the amount thereof. (17 )pA financial statement for the last preceding fiscal year of any funds collected for the purposes set out in Sections 4 and 5 of this ordinance , by the organization or persons seek- ing a license for such solicitations; said statement to give the -2- amount of money so raised, together with the cost of raising it, and final distribution thereof. (18) A full statement of the character and extent of the chari- table, religious, philanthropic or political work being done by the applicant organization within the city. (19) Such other information as may be required by the Advisory Committee in order for such committee to fully determine the kind and character of the proposed solicitation, and - whether such solicitation is in the interests of, and not inimical to, the public welfare . (20) A statement that the total cost of raising funds, including any amounts to be paid to any solicitor or solicitors, either directly or indirectly, will not exceed 15 percent of the total amount to be raised. (21 ) A statement to the effect that, if a permit is granted, it will not be used or represented in any way as an endorsement by the Advisory Committee or by any member thereof, or by the City. SECTION 9: Upon compliance with the rules and regulations set forth in Sections 1 to 8, inclusive, of this ordi- nance , governing the application to the Advisory Committee for permit, and upon payment of the sum of Three ($3.00) Dollars to the city to cover the cost of issuing such permit, the City Manager shall thereupon issue the permit, which, when signed by the City Manager, shall be valid for a period of time therein specified, not to exceed sixty (60) days from the day of issuance . SECTION 10: The permit herein described shall be inscribed upon a card, and endorsed thereon shall appear the following language : "Not transferable and not to be construed as an endorsement or recommendation by the City of Miami Beach. " Such permit may be renewed upon the expiration thereof, pro- vided that a new application has been made and the conditions herein specified have been fulfilled. Such permit shall not be transferred, and may be revoked at any time by the Advisory Com- mittee for proper cause shown after the holder of such permit has been afforded an opportunity to be heard by the Advisory Committee . SECTION 10-A: It shall be unlawful for the holder of any permit issued under this ordinance , or any solicitor employed by the holder of such permit, to solicit funds, dona- tions, contributions, alms, moneys, merchandise, subscriptions, contracts for magazines, pamphlets, books or periodicals, or ad- vertising, when the total administrative cost of raising funds, donations, contributions, alms, moneys, merchandise, subscriptions, contracts for magazines, pamphlets, books or periodicals, or advertising obtained from such solicitation, including any pay- ment to solicitors, directly or indirectly, shall exceed 15 per cent of the total amount to be raised. SECTION 11 : It shall be unlawful for the holder of any permit issued under the provisions of this ordinance or solicitor employed by it to solicit contributions, donations or advertising without complying with the following regulations : (1 ) A receipt stating the amount of the contribution or dona- tion shall be given to each subscriber or donee and shall be signed by the solicitor when the donation exceeds the sum of 35¢, except for contributions in containers or authorized Tag Day. (2) Such receipt shall state the percentage of the donation so- licited to be "paid any one by reason of the procurement" of the subscription, advertisement or donation, and if com- pensation of the solicitor is not to be paid in the form of a percentage, then the rate of salary per day, week or month shall be therein set forth. (3) Such receipt shall contain the name of the chief executive officer and the name of the person having charge of the books and records of such organization, together with their • respective addresses . -3- (4) Such receipt shall also contain the number of the city per- mit authorizing the solicitation and when the permit was issued. SECTION 12: It shall be unlawful for any organization obtaining a permit under the provisions of this ordinance to engage in the activities authorized by such permit without maintaining books and records setting forth a list of and amount of contributions received, the expenses incurred in obtaining such funds for religious, charitable, patriotic, fraternal, philanthropic or political purposes; such books and records shall be maintained within the city and shall be open to inspection by any authorized representative of the Advisory Committee at all reasonable hours. SECTION 13: The provisions of this ordinance shall not apply to any established society, association or corporation which is organized and operated exclusively for cultural, educa- tional.,. hospital, religious, philanthropic, benevolent, fraternal, political, charitable or reformatory purposes, not operated for pecuniary profit, where no portion of the net earnings of which enures to the benefit of any person, private shareholder or in- dividual, or where the solicitation of such organization shall be conducted among the members thereof by other members or officers thereof voluntarily and without remuneration for such solicitations, or where such solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity, or similar organization or any branch thereof. SECTION 14: An advisory committee to be composed of the Assist- ant City Manager, seven other persons to be appointed by the City Council and two (2) other persons to be appointed by the City Manager, shall be created to serve without compensation and shall continue to serve for 2 years, and it shall be the duty of such Advisory Committee to investigate each application for a permit required under the provisions of this ordinance and it shall maintain each application in file, together with its recommendation thereon and subject to inspection at any reasonable time . The committee shall have power to recommend the issuance of permits and revoke permits as herein provided, and the further power to summon witnesses, take testimony, direct investigations , conduct hearings, and do and perform all other acts which may be necessary and proper within the scope of its duties and functions . SECTION 15 : It shall be unlawful for any one to procure another to do on his behalf that which would be unlawful for him to do under this ordinance . SECTION 16: Any person violating the provisions of this ordi- nance shall upon conviction thereof, be punished as provided by section 1.8 of "The Code of the City of Miami Beach, Florida, 1950", In addition, thereto, the permit held by such person or organization may be revoked, in the discretion of the Advisory Committee . SECTION 17 : In the event any section, subsection, sentence, clause , or phrase of this ordinance shall be adjudi- cated invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall be and remain in full force and effect as fully as if the section, subsection, sentence, clause or phrase, so adjudged invalid or unconstitional, was not originally a part hereof. SECTION 18 : That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 19: That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 18th day of November, A. D. 1953. 4001/-_ . /,..,.... ./ "i�t�., y, ATTEST: W. TOMLINSON, City Clerk M.0P Or By: {��.r^ //6y�- Deput• City Clerk 1st reading - November 4, 1953 3rd reading - November 18, 1953 2nd reading - November 4, 1953 POSTED - November 20, 1953 STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1092, entitled: "AN ORDINANCE REGULATING SOLICITATION OF ADVERTISEMENTS AND SUBSCRIPTIONS FOR CERTAIN PAMPHLETS AND PERIODICALS, AND REGULATING SOLICITATION FOR RELIGIOUS, CHARITABLE, PATRIOTIC, FRATERNAL, PHILANTHROPIC OR POLITICAL ORGANIZATIONS; REQUIRING THE ISSUANCE OF A PERMIT AUTHORIZING SUCH SOLICITATION AND ESTABLISHING RULES AND REGULATIONS PERTAINING THERETO: PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 20th day of November, 1953, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 23rd day of December, A. D. 1953. C. W. m inson, City Clerk taIA- W7_, Deputy City Cler rn� V`3 s O H ct H 0 1-6 Q H rn Cr 0 H N l-• 0 n . ch H C ci- �( W N O