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92-2773 Ordinance ORDINANCE NO. 92-2773 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 38 OF THE MIAMI BEACH CITY CODE ENTITLED "SOLICITATIONS" BY AMENDING SECTIONS 38-2 ENTITLED "SOLICITATIONS BOARD" AND 38-13 ENTITLED "RULE-MAKING AUTHORITY" BY REPEALING SAID SECTIONS IN THEIR ENTIRETY; AMENDING SECTIONS 38-3, 38-6, 38-7 AND 38-12 ENTITLED "RECOMMENDATION OF BOARD", "REGISTRATION REQUIREMENTS", "REGISTRATION FORMS; AND PUBLIC DISCLOSURE", AND "EXEMPTIONS", RESPECTIVELY, SO AS TO CHANGE ALL REFERENCES OF "SOLICITATIONS BOARD" TO "CITY MANAGER OR HIS DESIGNEE"; AND RENUMBERING CODE SECTIONS TO REFLECT AMENDMENTS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1_ That Chapter 38 of the Miami Beach City Code governing "Solicitations" be and the same is hereby amended to read as follows: Sec. 38-1. Definitions. For the ourooses of complyinq with this Ordinance. the followina definitions shall aoolv: (a) Solicitations shall mean and include all direct person- to-person requests for contributions for any religious, political, associational, educational, benevolent, health-related, humane, philanthropic, patriotic, or eleemosynary function, event, organization or purpose, or for any charitable cause. The term "solicitations" shall include, but is not limited to, requests for contributions on any street or sidewalk, at any restaurant or hotel, or by means of door-to-door requests for contributions, and requests for contributions within, at, or adjacent to any public event or public forum. The term "solicitation" shall also include the request for contributions in connection with any fair, bazaar, rummage sale, benefit or carnival. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution. "Solicitations" shall not include requests made by telephonic, television, radio, mailings, posters or other similar indirect and non-personal written or electronic communications. "Solicitations" shall also include the sale or offer, or attempt to sell or offer, 1~1 0-0 1J131q;t-- any advertising, book, card, tag, device, magazine, membership, merchandise subscription, flower, ticket, candy, cookie or other item, new or used, in connection with any organization, cause or purpose described above. (b) contributions shall be defined to mean donations, fees, commissions, promises or grants of any money, property, service, credit or financial assistance of any kind or value in connection with any purpose described in subsection (1) above. (c) Charitable cause shall include all religious, benevolent, philanthropic, patriotic, eleemosynary, health, educational, social-welfare, arts or humanities, civic or public interest purpose, function, organization, party, activity or movement. (d) Income shall mean the gross amount of contributions received from the public by a person or an organization during its fiscal year. (e) Person shall mean any individual, school, party, church, religious or other association, organization, trust, foundation, group, association, partnership, corporation, society or other entity. (f) Professional solicitor shall mean any person who, for a financial consideration, solicits contributions for or on behalf of a charitable cause or organization whether such solicitation is performed personally or through agents, servants, or employees. A bona fide salaried officer or employee of a charitable cause or organization maintaining a permanent establishment within the state shall not be deemed to be a professional solicitor. However, any bona fide salaried officer or employee of a charitable organization who engages in the solicitation of contributions in any manner for more than one charitable organization shall be deemed a professional solicitor. (g) "Cost of Fund-raising" shall mean all expenses incurred in SOliciting contributions, including, but not limited to, cost of goods sold or services purchased; expenses incurred for employee salaries, printed materials; office space; telephones; and advertising; and expenses incurred for the services performed by or through a professional solicitor. (h) 1. "Religious Institutions" shall ecclesiastical or denominational organizations, mean churches, or established 2 physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and includes those bona fide religious groups which do not maintain specific places of worship. 2. "Religious Institutions" also includes such separate groups or corporations which form an integral part of those institutions described in subparagraph (h) (1) hereinabove which are exempt from Federal Income Tax as exempted organizations under the provisions of ~501(c) (3) of the Internal Revenue Code, and which are not primarily supported by funds solicited outside their own membership or congregation. (i) "Educational Institutions" shall mean those institutions and organizations described in Fla. stat. ~212.08(7) (o)2.d. See. 38.2 Selieitation9 board. An elcvcn mcmbcr DolicitationD board iD hercby created to Dcrvc without compcnDation, to bc compoDcd of thc city managcr or hiD or hcr dCDignatc and thc city attorncy or hiD or hcr dCDignatel ORC rcprcDcntativc cach from thc }~iami Bcach Chambcr of Commercc, and thc }Hami Bcach JaycccD (thc lattcr t'iJO to bc dCDignatcd by thc city managcr for a tcrm of two ycars) 1 and onc perDon to be appointed by each city commiDDioncr, to DCrJC until Dixty daYD aftcr thc following city commiDDion clcction. 'l'hc board Dhall chooDC itD own chairman. 'l'hc board Dhall recei~c, and maintain on filc with thc city all matcrialD Dubmitted or collcctcd in conncction \Jith Dolicitation pcrmitD undcr thiD chapter and Dhall alloy inDpcction of all Duch materialD by any perDon. The Board Dhall iDDue or dcny DolicitationD permitD Dolely in accordance with thc rulcD of thiD chaptcr, and may conduct mcctingD. sec. 3S-.a..l. Reeemmefi~tion9 of Board. Permit application. Upon receipt and review of the properly certified forms described below, the DolicitatioRD board city Manager or his desiqnee shall promptly grant or deny a permit to solicit to the person seeking to solicit within the City of Miami Beach. A permit may be denied on the grounds that the person or organization filing the necessary documents has failed to disclose the required information, or has failed to provide an explanation for the omission (as set forth in section 38-6~ (q) herein), or has filed 3 J Ij'''-, V"c 'q \ \2/ \ a registration statement which the applicant knows to contain a false or misleading statement. Sec_ 38-.....1.. Issuance of permits; hearing prooedures. In the event the board denieD an application for a permit, the ~pplicant m~y appeal the denial to the city manager within 30 dayo after the date of oaid denial ~nd after hearing, a written otatemcnt ohall be iooued by the city manager stating his decision ~nd explaining the b~oio for it. No permit shall be denied except for failure to satisfy the requirements of this chapter, or for failure to oatiofy the bo~rd'o ruleD adopted under oection 38 13 below, or for failure to provide an explanation for any omission on a registration statement (as set forth in section 38-6-,2 (q) herein), or for knowing filing a registration statement containing false or misleading statements. Sec_ 3S-.s.!_ Registration. No person shall solicit or seek contributions within the City of Miami Beach until the required registration materials have been properly filed and a valid permit has been issued. Sec. 3S--6~. Registration requirements. To obtain a permit under this chapter, a registration statement must be filed with the oolicitationo board, citv Manaqer or his designee disclosing fully and truthfully the information 1 isted below. However, the Dol ici tationo bo~rd ci tv Manaqer or his desiqnee may reduce or eliminate any of these disclosure requirements, provided such reduction or elimination is applied equally to all applicants. (a) Name and address of the person seeking a permit. (b) Names and addresses of all individuals within the city of Miami Beach who will be soliciting or seeking contributions on behalf of said persons. (c) Complete and precise description of the purpose(s) for which solicitations will be made. (d) The type of legal entity involved, where and when such entity was organized, and whether the organization or entity has received tax-exempt status from the United states Internal Revenue 4 '\ . Q J ~' r I, J. 't~ ... .'-; __ l "It,/ 1\2f I Service, or has received state sales tax exempt status under Florida Statute section 212.08(7). (e) Whether the person seeking the permit is related to any business entity or organization, the nature of that relationship, and the name of any parent or associated organizations. (f) A precise description of the manner(s) in which solicitations will be made or contributions sought. (g) Whether the person has previously solicited in the City of Miami Beach, and if known, when. (h) Whether the person has ever been enjoined or prohibited from soliciting contributions in any location. (i) The dates on which the applicant intends to solicit. (j) The name and addresses of all professional solicitors involved with the applicant. (k) The names and addresses of all officers and directors or other persons responsible for the activities of the applicant. (1) The names and addresses of all persons having financial responsibility for the applicant, including those having custody of all contributions obtained. (m) A projected schedule of all salaries, overhead and fundraising costs, and an estimated percentage of the total projected collections which such costs of solicitation will comprise. (n) Whether the applicant is registered as a corporation in the State of Florida. (0) Whether the applicant employs an accountant or accounting firm, and if so, the names thereof. (p) The applicant shall attach a financial report for the immediate past fiscal year or period of fundraising activity, which report shall include the following information: A. The total amount of contributions raised. B. The total costs and expenses incurred in raising contributions. C. The total amount of contributions dedicated to the stated purpose or dispersed for the stated purpose. (q) An explanation of the reasons, if the person registering is unable to provide any of the foregoing information in items (a) - (0) hereinabove, why such information is not available. 5 Sec. 38-~~_ Registration forms; and Public Disclosure. (a) The oolioitatioRo board may prepare Registration forms :Ee shall be answered, executed, notarized and submitted by persons seeking to solicit or intending to seek contributions within the city of Miami Beach. The person submitting the form, along with the chief officer of, or other person responsible for the organization shall be required by the board city Manaqer or his desiqnee to certify under oath, in notarized form, that all information furnished therein is true and correct. (b) All registration statements filed with the City of Miami Beach, whether or not a permit to solicit has been issued, shall be a public record and shall be available for inspection by members of the public during regular business hours. copies may be obtained at the fees prescribed by law for copies of City records. Sec. 38-&Z- Issuance of solicitations permits. A numbered solicitations permit may be issued, pursuant to sections 38-~~ and 38-4d above, for a period not exceeding six months. All solicitors or persons seeking contributions on behalf of the registrant within the city shall be issued a copy of said permit, which shall contain the name of the registrant's organization and the permit number thereon, and the name and address of the individual solicitor. Every individual solicitor shall carryon his person at all times while soliciting a copy of said permit, which may not be transferred to any other person or organization, and which shall be returned to the city upon execution. Sec. 38-91._ Permit fee. All persons seeking a permit under this chapter shall remit to the city a fee of ten dollars for the permit to compensate the city for the cost of administering this chapter, and such fee will not be refunded if a permit is not issued. Sec. 38-~.2.. Enforcement of "No Solicitor" signs. Any home owner, business or tenant seeking to exclude solicitors from their premis~s may post a clearly visible sign or notice so stating. Persons violating such notice shall be subject 6 to arrest and subject to the penalties provided below, in addition to any other civil or criminal penalties which may exist. Sec. 38-*..-1-10_ provisions cumulative. The provisions of this chapter are cumulative of any other valid and applicable laws, rules or regulations governing the solicitation of funds or any activity which may be associated therewith. Compliance with this chapter shall not be deemed to excuse compliance with any other valid and applicable laws, rules or regulations governing the solicitation of funds or any activity which may be associated therewith. Sec. 38-11_ Receipts for contributions. It shall be unlawful for any person to solicit contributions without providing each donor or contributor a signed receipt for any contribution exceeding ten dollars. Each receipt shall state the name of the person receiving the contribution and the permit number issued under section 38-&2 above. 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; (iv) any person or entity properly registered by the Secretary of State pursuant to Chapter 496, Fla. Stat. (1981), provided the applicant submits to the solicitationo board Citv Manaqer or his desiqnee copies of state registration materials which disclose substantially all the information required for disclosure under Sec. 38-62 of this chapter; (v) any fundraising by political candidates or political organizations solicited in accordance with the election laws of Florida, or ( equivalent local, state or federal campaign fundraising laws; (vi) any organization or entity which has received tax-exempt status from the united states Internal Revenue Service, pursuant to ~50l(c) (3) of the Internal Revenue Code; (vii) any organization or entity with state sales tax exempt status under Florida Statute Section 212.08(7); (viii) bona fide religious institutions; and 7 1 f\ ,\,' r' P/ \~ \\.~~,I' \~: (ix) educational institutions. A person or organization which is not exempt from the registration requirements of this Chapter and which represents that its primary purpose is to provide money or services to the poor, the needy, or other such charitable causes, shall not solicit on Miami Beach, or be granted a permit to solicit on Miami Beach if it spends in excess of fifty percent of its income on the cost of fundraising unless said person or organization provides to the oolicitationo board citv Manaqer or his desiqnee information detailing how said monies are spent, with copies of receipts concerning said expenditures (or, if no such receipts are available, an explanation of the reasons why said receipts are not available). The oolicitationo board City Manaqer or his desiqnee may require any organization to submit an annual financial report with such information as may be appropriate to verify compliance with this requirement. See_ 38 13. Rule makiRq authority_ The oolicitationo board io hereby empowered and delegated the authority to adopt, 'lith the approval of the city attorney and the ratification for the city commiooion,-written ruleD to admini~ and enforce the provioiono of thio Chapter. The oolicitations board ohall adopt written ruleD of procedure, with the approval of the city attorney and the ratification of the city commiooion, to govern the conduct of ito meetingo and all hearing under ~ection 38 4. The board io opecifically authorized to adopt ruleo by majority vote, oubject to the city attorney'o approval and city commiooion'o ratification, to govern the conduct of ito membero, including removal of members who fail to attend three or more ocheduled board meetingo without good cauoe. The oolicitationo board may permit temporary oolicitationo without rcgiotration, or by meaRO of leooer regiotration requiremento, in caoeo of ac~ hardohip, or to reaoonably limit the aboolute number of oolicitoro engaged in oolicitation activitieo in the city at anyone time, pro~..ided prior \lritten ruleD are adopted for thio purpooe and approved by the city attorney and ratified by the city commiooion. Upon adoption by the board of any adminiotrative rule, and the approval of oaid rule by;:'-i"le city attorney, the rule ohall be brought before the }{iami Beach city commiooion for diocuooion, at 8 . f',',.. ,. ' ,:" ' "'>-1. II J; . ~ \ \ whioh time the oity oommiaaion ahall approve or diaapprovo the rule by majority vote, a oopy of theae rulea ahall be available for publio inapeotion in the oity olerk' a offioe during nOnRal buaineaa houra. Sec_ 38-~13. Prohibited activities. No person subject to this Chapter shall harass or seek to intimidate any other person who has indicated a desire not to contribute to a charitable purpose, as defined above. It shall be illegal for any person subject to this Chapter to solicit or seek contributions by making false or misleading statements to a prospective contributor. Sec. 38-~14. Penalties. Any person or organization violating any of the provisions of this Chapter shall be subject to forfeiture or suspension of their permits and may be excluded by the city manager from solicitation activities within the city for a period not exceeding two years, in accordance with properly promulgated rules. In addition, violators may be arrested, charged and prosecuted with a violation of this ordinance and, if convicted, shall be subject to the following penalties: (i) Upon conviction for the first offense, a fine not exceeding five hundred dollars shall be imposed; (ii) Upon conviction for the second offense, a fine not exceeding one thousand dollars and a sentence of imprisonment not exceeding three days shall be imposed; (iii) Upon conviction for the third and subsequent offenses, a fine not exceeding five thousand dollars and a sentence of imprisonment not exceeding thirty days shall be imposed. SECTION 2_ REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity 9 of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on February 29 , 1992. PASSED and ADOPTED this , 1992. ATTEST: ~~E-~ CITY CLERK FORM APPRoVED LE JKO/jal (a:\res ord com memo\amchap38.ord) By Date 1st reading 2/5/92 2nd reading 2/19/92 10 OFFICE OF THE CITY ATTORNEY ~ <6~ if J/fiomi 7lt'tlt'A F L o R o A CITY ATTORNEY ,....~ /~\ Bt''.>, "-'~~di.':> ::"~(. -s.\ ~ · LHCO'" j.:RATtC .. ~ ~ ,1.. ' . \~~ ..~~.i "...,~~1f,2f7 POBOX 0 MIAMI BEACH. FLORIDA 33' '~-,Y- TELEPHONE 305, ,s-3-~~-: ~ELECOPY 13051,,-3--::: LAURENCE FEINGOLD eOMKISSIOH MBHORANDUX HO. 5 7 - '9 2... DATB: FEBRUARY 5, 1992 TO: MAYOR SEYMOUR GELBER AND MEMBERS OF THE CITY COMMISSION CITY MANAGER CARLA TALARICO LAURENCE FEINGOLD~, ~1' /.1 CITY ATTORNEY ~ 4 . AMENDMENTS TO MIAKI BEACH CITY CODE CHAPTER 38 GOVERNING II SOLICITATIONS II FAoK: SUBJECT: Pursuant to directives of the City commission at its meeting of January 22, 1992, the attached Ordinance has been drafted for the purposes of recognizing the disbandment of the Solicitations Board, whose powers and duties with regards to solicitation activities will now be vested in the City Manager or his designee. LF/JKo/jal (a:\res ord com memos\solicita.cm) \~f 14 ,.:J""- AGENDA ITEM t.!~ ~-Jq.'L DATE :' j I( .