The purpose of this division is regulatory so as to generally
require registration and identification of persons soliciting or selling
on behalf of charitable, educational, patriotic or philanthropic organizations;
and insofar as is reasonably possible by the method herein established,
to protect the health, life, property and welfare of the citizens
of the city against unwarranted and unreasonable solicitations and
sales scheme promotions designed for profit primarily to the promoters,
and secondarily to any such organization which may lend its name for
such purpose; to lessen the possibility of unauthorized or unscrupulous
persons overriding, oversoliciting or overselling by coupling such
solicitations and sales with such organizations; and to establish
a licensing officer and designate a location where members of the
public may make inquiry concerning such solicitors.
(1983 Code, sec. 20-46; Ordinance 8872, sec. 1, adopted 1/9/1986)
In this division:
shall mean the permit and license appeal board of the city.
shall mean the use, actual or represented, of money or property
for any of the following purposes:
For the benefit of any poor, underprivileged, needy, sick, or
handicapped person;
For patriotic purposes such as the teaching of patriotism;
For the benefit of any veteran or veteran’s organization
or association;
For the defense or general welfare of the United States, or
any state or nation;
For the relief of any race or group of people;
For civic purposes such as social or cultural functions or the
improvement or beautification of any state, city or community;
For the benefit of any fraternal or social organization, or
any member or group of members of such organization;
For the benefit of existing educational institutions or for
the establishment or endowment of educational institutions, or for
the aid and assistance in the education of any person or group of
persons.
shall mean:
Any course of conduct whereby any person shall solicit money
or property on the plea of representation that the proceeds therefrom
are for any charitable, educational, patriotic or philanthropic purpose;
Any course of conduct whereby any corporation chartered under
the Texas Nonprofit Corporation Act, or any of its agents, solicits
money or property; or
Any course of conduct whereby any person shall solicit money
or property for an organization which is organized for any charitable,
educational, patriotic or philanthropic purpose.
shall mean all costs incurred in raising the funds solicited,
including the cost of solicitation.
shall mean all costs incurred in raising the funds solicited,
including compensation paid to a professional promoter or professional
solicitor, but shall not include the following:
shall mean the individual appointed by the city manager to
administer this division and issue the permits.
shall include associations, clubs, societies, firms, partnerships
and corporations as well as individuals or groups of individuals.
shall mean a person who, for compensation, plans, promotes,
conducts, manages, carries on, or makes solicitations for any charitable
solicitations campaign. A bona fide officer, regular or temporary
salaried employee of a charitable, educational, patriotic or philanthropic
organization shall not be deemed a professional promoter or professional
solicitor by reason of his participation in a charitable solicitations
campaign by or on behalf of his employer.
shall mean the following methods of securing or attempting
to secure money or property:
Any oral or written request;
The distribution, circulation, mailing, posting, or publishing
of any handbill, written advertisement or publication;
The making of any announcement through the press, radio, television
or by telephone or telegraph concerning an appeal, assembly, athletic
or sporting event, bazaar, benefit campaign, contest, dance, dinner,
entertainment, exhibition, exposition, party, performance, picnic,
sale, social gathering, or similar event which the general public
is requested to patronize, or to which the general public is requested
to make contributions;
The sale or the offer or attempt to sell any advertisement,
advertising space, book, card, chance, coupon, device, magazine, membership,
merchandise, subscription, ticket, or other thing.
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A solicitation shall be deemed completed when made, whether
or not the person making the solicitation receives any money or property,
or makes any sale.
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(1983 Code, sec. 20-47; Ordinance 8872, sec. 1, adopted 1/9/1986)
(a)
Any
group, person, organization or corporation that fails to obtain the
registration and conducts a solicitations campaign shall be in violation
of this division. Such violation shall constitute a misdemeanor and,
upon conviction thereof, punishable by a fine not to exceed two hundred
dollars ($200.00).
(b)
The
police department for the City of Lubbock shall enforce this division.
(1983 Code, sec. 20-60; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 9, adopted 8/8/1991)
(a)
Solicitations
which involve the selling of tickets to an event where the ticket
sales will exceed the capacity of the facilities where the event is
to be held are prohibited.
(b)
Solicitations
from motorists on public streets or highways are prohibited.
(1983 Code, sec. 20-58; Ordinance 8872, sec. 1, adopted 1/9/1986)
(a)
All
persons or organizations registered under this division shall furnish
to the director, within thirty (30) days after the charitable solicitations
campaign has been completed, a detailed report and a financial statement
showing the amount of funds raised by the charitable solicitations
campaign, the amount expended for cost of solicitation or cost of
promotion. The director may extend the time for filing the report
for thirty (30) days for good cause shown.
(b)
An organization which is granted an annual solicitation registration and which prepared an annual report and financial statement shall be permitted to furnish a copy of such report and statement to the director within sixty (60) days after the close of its fiscal year or upon the date specified by such organization pursuant to section 8.12.172(a)(11) in lieu of the report required by subsection (a) above.
(c)
The
annual report and memorandum may be submitted through the mail.
(1983 Code, sec. 20-59; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 8, adopted 8/8/1991)
It shall be unlawful to conduct any charitable solicitations
campaign in the City of Lubbock unless the person, organization, society,
association, or corporation conducting same and responsible therefor
shall first have registered in compliance with the terms of this division;
provided, however, that, except to the extent hereinafter stated in
this section, the provisions of this division shall not apply to:
(1)
Any
church, congregation, religious society, sect, or group or order,
which solicits funds for religious purposes and possesses a valid
certificate of exemption from federal income taxes as an organization
described in section 501(c)(3) of the Internal Revenue Code.
(2)
Any
organization which solicits funds solely from its own voting members,
not using public streets or public places for such purposes. “Members”
means those persons who, for the payment of fees, dues, or other such
assessments, receive a bona fide right, privilege, professional standing,
honor or other direct benefit, in addition to the right to vote, elect
officers, or hold office.
(3)
Any
individual or organization that must obtain a charitable solicitations
permit or license by registering with a federal agency or an agency
of the State of Texas, including Texas Tech University. The filing
of tax reports or other corporation reports to authorities shall not
constitute such registration as to permit charitable solicitations
without having registered with the city. The director may periodically
request lists of such registered individuals or organizations from
other governmental agencies in order to make the registrations public.
(1983 Code, sec. 20-48; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9144, sec. 1, adopted 11/19/1987; Ordinance 9467, sec. 1, adopted 8/8/1991)
(a)
An
initial registration to conduct a charitable solicitations campaign
in the City of Lubbock shall be granted only after an application
fee of fifteen dollars ($15.00) is paid and an application form is
filed with the director not less than three (3) days prior to the
initiation of the first campaign following the passage of Ordinance
Number 8872 [adopted January 9, 1986]. Such application shall be sworn
to by the applicant, and shall contain the following information:
(1)
The full name, telephone number, street address and mailing address
of the organization applying for the registration to solicit, and
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.
(2)
The purpose or purposes for which the gross receipts derived from
such charitable solicitations campaign are to be used.
(3)
The name and telephone number of the person or persons by whom the
receipts of such solicitations shall be disbursed.
(4)
The name, telephone number and address of the person or persons who
will be in charge of conducting the charitable solicitations campaign
in the City of Lubbock.
(5)
A brief outline of the method or methods to be used in conducting
the charitable solicitations campaign.
(6)
The period within which such charitable solicitations campaign shall
be conducted, including the proposed date for the beginning and end
of such campaign(s).
(7)
The total amount of funds proposed to be raised.
(8)
The maximum percentage of funds to be collected which are intended
to be used to pay the cost of promotion.
(9)
If a professional promoter or professional solicitor is used by the
organization for a campaign(s) and the professional promoter or professional
solicitor is to receive payment or benefit for such services out of
the funds collected, then such facts must be stated in the application.
(10)
If the applicant is a charitable corporation or other organization,
an indication of its current status as an organization to which contributions
are tax deductible for federal income tax purposes.
(11)
The annual reporting date established by a continuously operating applicant for submitting the annual report in section 8.12.175.
(12)
The applicant shall state that it has not failed to keep or observe
any promised agreement, representation or commitment with regard to
the allocation of funds, or methods of solicitation made to the director
in connection with any previous application.
(13)
The applicant shall state that it does not intend to use a specious
charitable solicitations campaign as a means of selling private merchandise
or promoting personal or commercial interests, and that such solicitation
and the method used in the conduct thereof may jeopardize the health,
life and property of the citizens of the city.
(b)
A
renewal registration will be issued to those charities that are renewing
their expired registration. A renewal registration will only be issued
within one year from the date the original registration expired. The
renewal registration will be granted only after an application fee
of five dollars ($5.00) is paid and an application form containing
any information that has changed since the initial registration application
was approved is filed with the director.
(1983 Code, sec. 20-49; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 2, adopted 8/8/1991)
In addition to the aforementioned application, all applicants
must submit to the director letters of authorization from all nonaffiliated
charities benefiting, directly or indirectly, from the solicitation
campaign(s) to be conducted by the applicant.
(1983 Code, sec. 20-50; Ordinance 8872, sec. 1, adopted 1/9/1986)
Upon receipt of the proper application, as provided herein,
the director will issue the registration applied for within three
(3) working days, if the following conditions are met:
(1)
The
applicant or person in charge has not been convicted of violating
any of the terms of this division.
(2)
The
applicant has fully supplied all the information required in the registration
process.
(1983 Code, sec. 20-51; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 3, adopted 8/8/1991)
(a)
Charitable
solicitation registrations are valid only for the period specified
in the registration, which shall not exceed one (1) year.
(b)
Charitable
organizations continuously operating on an annual basis may hold registrations
effective for a one-year period which shall correspond with the fiscal
year of the organization, or such other annual reporting date as is
requested by such organizations.
(c)
Charitable
organizations may be issued a temporary registration for thirty (30)
days upon payment of the application fee in full while the application
process is being completed by the applicant.
(1983 Code, sec. 20-54; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 4, adopted 8/8/1991)
No registration issued hereunder shall be assigned. Nothing
in this section shall, however, prohibit a registrant from using a
number of solicitors and representatives in conducting the solicitation.
(1983 Code, sec. 20-55; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 5, adopted 8/8/1991)
If, after notice and hearing, the director shall determine that
any registrant or any agent or representative of a registrant has
violated any of the terms of the registration, or is violating or
has violated any of the provisions of this division, then it shall
be the duty of the director to revoke the registration. The registrant
shall be given at least seventy-two (72) hours’ written notice
by certified mail of time and place of the revocation hearing. In
the event of revocation the registrant may appeal to the board.
(1983 Code, sec. 20-56; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 6, adopted 8/8/1991)
An application for registration under this division may be denied
only for the following reasons:
(1)
Whether
the applicant’s campaign, as described in the application to
the director, complies with all applicable state and federal laws
and city ordinances; and
(2)
Whether
the applicant fully completed all the information required on the
application.
(1983 Code, sec. 20-57; Ordinance 8872, sec. 1, adopted 1/9/1986; Ordinance 9467, sec. 7, adopted 8/8/1991)
