Ordinance 82-2329ORDINANCE NO. 82-2329
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING SECTION 38.9
AND SECTION 38.12 OF THE CITY OF MIAMI BEACH
SOLICITATIONS CHAPTER TO REDUCE THE PERMIT FEE
REQUIRED AND TO LIMIT CERTAIN EXEMPTIONS FOR
FEDERAL TAX EXEMPT AND STATE REGISTERED ORGANI-
ZATIONS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1
Sections 38-9, 38.12 and 38.13 of the City Code of the City of Miami
Beach, Florida are each amended as follows:
"Sec. 38-9 Permit Fee.
All persons seeking a permit under this Chapter shall re-
mit to the City a fee of $23-88 $10.00 for the permit."
"Sec. 38.12 Exemptions.
The registration requirements of this Chapter shall not
apply to (i) any organization or entity soliciting or
seeking contributions solely among its own membership;
(ii) activities conducted solely within private homes or
dwellings; (iii) any governmental organization; fie* any
efgaflxat.en gfarted tax-exempt status by the Iatenaal
Revenue Sefv}ee pufsuaat to 26 ii -STET §691-fe}H3} and
i4}-(1981}; (v iv) any person or entity properly reg-
istered by the Secretary of State pursuant to Chapter
496, Fla. Stat. (1981), provided the applicant submits
to the Solicitations Board copies of State registration
materials which disclose substantially all the informa-
tion required for disclosure under §38-6 of this ordi-
nance; (Fti v) any fund raising by political candidates or
political organizations registered under or subject to
the provisions of Chapters 111 or 106, Fla. Stat.
(1981), Chapter 10, Art. I, Miami Beach Code, or equiva-
lent local, State or Federal campaign fund-raising laws.
However, no organization which represents that its pri-
mary purpose is to provide money or services to the poor,
the needy, or other such charitable causes, or for educa-
tional or religious purposes, shall solicit on Miami
Beach, or be granted a permit to solicit on Miami Beach,
which spends in excess of 50% of its income on salaries,
operating expenses and/or cost of professional solici-
tors; this latter requirement shall not apply to any or-
ganization primarily engaged in the advocacy or the dis-
semination of information on matters of public concern.
The Solicitations Board may require any organization to
submit an audited financial statement with such informa-
tion as may be appropriate to verify compliance with this
requirement.
*
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
"Sec. 38.13 Rule -Making Authority.
The Solicitations Board is hereby empowered and delegated
the authority to adopt, with the approval of the City At-
torney and the ratification of the City Commission writ-
ten rules to administer and enforce the provisions of
this chapter. The Solicitations Board shall adopt writ-
ten rules of procedure, with the approval of the City At-
torney and the ratification of the City Commission to
govern the conduct of its meetings and all hearings under
Section 38-4. The Board is specifically authorized to
adopt rules by majority vote, subject to the City Attor-
ney's approval and City Commission's ratification, to
govern the conduct of its members, including removal of
members who fail to attend three or more scheduled Board
meetings without good cause. The Solicitations Board may
permit temporary solicitations without registration, or
by means of lessor registration requirements, in cases of
actual hardship, or to reasonably limit the absolute num-
ber of solicitors engaged in solicitation activities in
the City at any one time, provided prior written rules
are adopted for this purpose and approved by the City At-
torney and ratified by the City Commission. The Seiie-
tatiens Beafd may else adept written tuies designed to
teaeenabiy limit the abseitste numbef ef seiieitess en-
gaged in seiieitatien aetivities in the city at any ene
title- Upon adoption by the Board of any administrative
rule, and the approval of said rule by the City Attorney,
the rule shall be brought before the Miami Beach City
Commission for discussion, at which time the City Commis-
sion shall approve or disapprove the rule by majority
vote."
SECTION 2: OTHER ORDINANCES.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3: SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not effect the validity of the remaining portions of this Or-
dinance.
SECTION 4 EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adop-
tion, on August 28 , 1982.
PASSED and ADOPTED this 18th
1982.
ATTE
City C1 rk
TMP:ab 6/7/82
1st Reading - July 21, 1982
2nd Reading - August 18, 1982
-2-
day
of
August
APPROVED
LEGAL DEPASTT W1
pate
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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