As used in this division, the following terms shall have the
meanings ascribed to them in this section, unless the context of their
usage clearly indicates another meaning:
means an individual who has attained the age of 18.
means philanthropic, religious or other nonprofit objectives,
including the benefit of poor, needy, sick, refugee or handicapped
persons; the benefit of any church or religious society, sect, group
or order; the benefit of a patriotic or veterans’ association
or organization; the benefit of any fraternal, social or civic organization;
or the benefit of any educational institution. The term “charitable
purpose” shall not be construed to include the direct benefit
of the individual making the solicitation or the benefit of any political
group or political organization that is subject to financial disclosure
under state or federal law.
refers to a certificate of registration permitting the solicitation
of funds that includes among its means and methods the solicitation
of occupants of vehicles on public streets.
refers to a certificate of registration permitting the solicitation
of funds that does not include among its means and methods the solicitation
of occupants of vehicles on the public streets.
means the mayor or his designees or any individual employed
by such department that he shall designate to perform any of his functions
specified in this division.
means only a natural person.
means a dividing area, whether landscaped or paved, maintained
for the purpose of separating or directing vehicular traffic.
means an individual who has not attained the age of 18.
means and includes any natural person, firm, partnership,
corporation or association.
means any public street, highway, lane, or alley in the city
limits.
means any request for the donation of money, property, or
anything of value, or the pledge of a future donation of money, property,
or anything of value, or the selling or offering for sale of any property,
real or personal, tangible or intangible, whether of value or not,
including, but not limited to, goods, books, pamphlets, tickets, publications
or subscriptions to publications, or brochures, upon the representation,
express or implied, that the proceeds of such sale will be used for
a charitable purpose as such term is herein defined. Expressly excluded
from the meaning of “solicit funds” or “solicitation
of funds” are any offer of membership in any organization and
any solicitation of funds for any purpose either by a governmental
agency or a political subdivision. The means of solicitation of funds
covered by this definition are limited to a solicitation communicated
in the physical presence of any individual or by telephone call placed
and received within the corporate limits of the city.
(Ordinance 312 adopted 12/9/08)
Violation of any applicable provision of this division shall be punished as provided by section 1.01.009 of this code. Each day that any violation occurs/continues shall constitute a separate offense. However, an offense under any provision of this division which also constitutes an offense pursuant to state law shall be punishable in accordance with the applicable state law.
(Ordinance 312, sec. 10.1, adopted 12/9/08)
The provisions of this division 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 division 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.
(Ordinance 312, sec. 11.1, adopted 12/9/08)
The following are excepted from the operation of this division:
(1)
The
solicitation of funds for charitable purposes by any organization
or association from its own members;
(2)
The
solicitation of funds for charitable purposes by a person when such
solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or
controls the premises; and
(Ordinance 312, sec. 9.1, adopted 12/9/08)
It shall be unlawful within the corporate limits of the city:
(1)
For
any person, directly or through an agent or employee, to solicit funds
unless such person has first obtained a certificate of registration
from the director, as hereinafter provided.
(2)
For
any individual, as the agent or employee of another, to solicit funds
unless his principal or employer has received a certificate of registration
as hereinafter provided.
(3)
For
any person to solicit funds between the hours of 6:00 p.m. and 8:00
a.m.
(4)
For
any person, directly or through an agent or employee, to solicit funds
after the expiration of any certificate of registration issued as
hereinafter provided.
(5)
For
the person registering, or the agents or employees thereof, to solicit
funds for a purpose other than that set out in the registration statement
upon which the certificate of registration was issued.
(6)
For
any person who solicits funds to represent, in connection with such
solicitation of funds, that the issuance of a certificate of registration
by the city constitutes an endorsement or approval of the purposes,
means, or methods of such solicitation of funds by the city or any
department, officer or employee thereof.
(7)
For
any person issued a certificate of registration hereunder to fail
to file any financial statement required to be filed under this division.
(8)
For
any person to employ, suffer or permit a minor to solicit funds.
(9)
For
any person to use or expose any animal to hazardous conditions to
solicit funds, except for guide or service dogs necessary for the
individual to perform normal activities.
(Ordinance 312, sec. 1.1, adopted 12/9/08)
It shall be unlawful for any person to knowingly make a false
or misleading representation in the course of a solicitation of funds.
False or misleading representations include, but are not limited to,
the following:
(1)
Stating
that the solicitation of funds is being carried out on behalf of an
organization that does not exist.
(2)
Stating
that the solicitor represents an organization when such statement
is false.
(3)
Exhibiting
a military, medical or religious order uniform or other indication
of military service or membership in a medical profession or religious
order when the person soliciting funds is neither a present nor former
member of the service indicated, or a member of a medical profession
or religious order, unless the person is soliciting funds on behalf
of the military branch, medical profession, or religious order indicated
in the statement.
(4)
Exhibiting
an indication of physical disability or using makeup or a device to
simulate any deformity or disability, when the person soliciting funds
does not suffer the deformity or disability indicated.
(Ordinance 312, sec. 2.1, adopted 12/9/08)
(a)
Standing in roadway.
Except as provided in section 4.05.058, it shall be unlawful for any person to stand in a roadway to solicit funds. It shall be unlawful for a minor to stand in a roadway for any purpose, including solicitation of funds, except as permitted by the traffic laws of the state.
(b)
Requirements.
It shall be unlawful for any person to
solicit funds pursuant to a class A certificate unless the person:
(1)
Properly wears a high-visibility traffic vest approved by the director
pursuant to rules and regulations promulgated therefor;
(2)
Conducts the solicitation of funds only within 50 feet of an intersection
controlled by a traffic signal that requires all traffic to come to
a full stop;
(3)
Solicits funds only while located on a shoulder, improved shoulder,
curb or sidewalk adjacent to the roadway, or staying on the marked
(double stripped) divider, excluding any median;
(4)
Does not enter the roadway to impede the flow of traffic to retrieve
funds; and
(5)
Does not obstruct traffic or create a hazard to traffic or any other
person.
(c)
Location.
It shall be unlawful for a person to solicit
funds pursuant to a class A certificate from a location not specified
in the certificate.
(d)
Authority of director.
The director is authorized to
promulgate such rules and regulations necessary for the implementation
and administration of this section.
(Ordinance 312, sec. 3.1, adopted 12/9/08)
(a)
No
nonprofit corporation, group, or organization may engage, suffer or
permit any employee or agent of the city to engage in a solicitation
of funds on its behalf that requires the issuance of a class A certificate
under this division unless such certificate has been issued to the
nonprofit corporation, group, or organization in compliance with this
division.
(b)
No
employee or agent of the city shall engage in a solicitation of funds
on behalf of a nonprofit corporation, group, or organization that
has not received a valid class A certificate issued pursuant to this
division.
(c)
An
employee or agent of the city engaged in the solicitation of funds
on behalf of a nonprofit corporation, group, or organization may solicit
funds while standing in a roadway as authorized by section 552.0071
of the Texas Transportation Code.
(Ordinance 312, sec. 4.1, adopted 12/9/08)
(a)
General requirements.
Any person who seeks to solicit
funds for charitable purposes within the corporate limits of the city
shall file with the director a registration statement, on forms provided
by the director, containing the following:
(1)
The name of the person registering to solicit funds for charitable
purposes.
(2)
Whether the person registering is an individual, partnership, corporation
or association, and:
(A)
If an individual, his or her business or residence address and telephone
number.
(B)
If a partnership, the names of all partners and the principal business
address and telephone number of each partner.
(C)
If a corporation, whether it is organized under the laws of Texas
or is a foreign corporation, the mailing address, business location,
and telephone number, and the name of the individual in charge of
the Onalaska office of the corporation, the names of all officers
and directors or trustees of the corporation, and, if a foreign corporation,
the place of incorporation.
(D)
If an association, the association’s principal business address
and telephone number, if any, and the names and principal business
or residence addresses and telephone numbers of all members of the
association. However, if there are more than ten members, the person
registering may alternatively list the names and principal business
or residence addresses and telephone numbers of the officers and directors
or trustees of the association. If the association is part of a multi-state
organization or association, the mailing address and business location
of its principal headquarters shall be given, in addition to the mailing
address and business location of its local office.
(3)
A brief description of the charitable purpose for which the funds
are to be solicited, and an explanation of the intended use of the
funds toward that purpose.
(4)
The names of all individuals authorized to incur expenses related
to the solicitation or to disburse any proceeds of the solicitation.
(5)
The name, mailing address and telephone number of each individual
who will have organizational responsibility with respect to the solicitation
of funds. If there are more than 20 such individuals, the person registering
may alternatively list the 20 individuals with the principal organizational
responsibility with respect to the solicitation of funds.
(6)
The time period within which the solicitation of funds is to be made,
giving the date of the beginning of solicitation and its projected
conclusion.
(7)
A description of the means and methods by which the solicitation
of funds is to be accomplished, including whether such means and methods
will include any solicitation of occupants of vehicles on public streets.
(8)
The total amount of funds proposed to be raised.
(9)
A projected schedule of salaries, wages, fees, commissions, expenses
and costs that the person registering reasonably believes will be
expended and paid in connection with the solicitation of funds or
in connection with their disbursement, and an estimated percentage
of the total projected collections which the costs of solicitation
will comprise. These figures shall cover the entire time period during
which the solicitation is to be made.
(10)
The names of any cities outside of Polk County in which the person
registering has solicited funds for charitable purposes within the
past five years, but, in the event that the person registering has
solicited funds for charitable purposes in more than five other cities,
the person registering may list the five most populated cities in
which it has solicited funds during the previous five years.
(11)
A statement to the effect that, if a certificate of registration
is granted, such certificate will not be used as or represented to
be an endorsement by the city or any of its officers or employees.
(12)
As to each, if any, officer, director, trustee, partner, or any current
agent or employee engaging in the solicitation of funds who within
the past seven years has been convicted of (or been incarcerated for
any conviction of) a felony or a misdemeanor involving moral turpitude,
the name of the individual, the nature of the offense, the name of
the state where the conviction occurred, and the year of the conviction.
(13)
An explanation of the reasons, if the person registering is unable
to provide any of the foregoing information, why such information
is not available.
(14)
The signature of an individual on behalf of the person registering.
If the person registering is an individual, this is the applicant.
If the person registering is a partnership, this is the partner charged
with disbursing the funds solicited. If the person registering is
a corporation or an association, this is its officer charged with
disbursing the funds solicited. The individual signing the registration
statement shall sign the statement and swear before an officer authorized
to administer oaths that he or she has carefully read the registration
statement and that all the information contained therein is true and
correct.
(b)
Additional requirements for class A certificate.
Each
registration statement for a class A certificate shall include the
following additional information:
(c)
Additional requirements for class A certificate involving use of
city employee or agent.
If the proposed solicitation is to include the use of any employee or agent of the city as provided in section 4.05.058 of this code, the applicant shall also provide, in a form acceptable to the city attorney, proof of a current policy of commercial general liability insurance providing coverage against claims against the applicant and the city in the amount of at least $1,000,000.00 for any damages that may arise from the solicitation.
(Ordinance 312, sec. 5.1, adopted 12/9/08)
Every registration statement shall be accompanied by a registration
fee of $25.00 to compensate the city for the cost of administering
this division; provided that no fee shall be charged to a nonprofit
corporation, group, or organization that uses only employees or agents
of the city to solicit funds pursuant to a class A certificate issued
under this division. Such fee will be nonrefundable, irrespective
of whether a certificate of registration is issued.
(Ordinance 312, sec. 6.1, adopted 12/9/08)
(a)
Class A certificate.
A registration statement for a class A certificate shall be filed not later than the eleventh day before the date the solicitation of funds is to begin. Within five working days of the receipt of the registration statement, the director shall either issue a certificate of registration, as provided in section 4.05.094, or notify the person registering that the registration statement does not comply with the requirements of section 4.05.091, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.
(b)
Class B certificate.
Within ten working days of the receipt of a class B registration statement, the director shall either issue a certificate of registration, as provided in section 4.05.094, or notify the person registering that the registration statement does not comply with the requirements of section 4.05.091, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.
(Ordinance 312, sec. 6.1, adopted 12/9/08)
(a)
The
director shall prescribe the form of each certificate of registration,
each of which shall be printed in black, except that the following
shall be printed prominently thereon in red: “The issuance of
this certificate of registration is not an endorsement by the City
of Onalaska or any of its departments, officers or employees.”
Each certificate of registration shall specify the period of its validity
and shall also bear a registration number, and the same number shall
be assigned by the director to the file containing the registration
statement filed by the registrant.
(b)
In
addition to the foregoing requirements, each class A certificate shall
specify each location at which funds may be solicited.
(Ordinance 312, sec. 7.1, adopted 12/9/08)
A certificate of registration issued under the provisions of
this division shall not be transferable, and the authority a certificate
confers shall be conferred only on the holder named therein. The certificate
of registration shall have endorsed thereon in red letters the words
“NOT TRANSFERABLE.”
(Ordinance 312, sec. 7.1, adopted 12/9/08)
(a)
Each
certification of registration issued by the director shall expire
according to the following schedule:
(1)
A class A certificate of registration shall expire not later than
10 days from the date of issuance, or upon the termination of the
solicitation period specified, whichever is less.
(2)
A class B certificate of registration shall expire not later than
one year from the date of issuance, or upon the termination of the
solicitation period specified, whichever is less.
(b)
Not
later than 60 days after the expiration of its certificate of registration,
each person who registered shall file a closing statement with the
director. Except as provided to the contrary in this division, the
closing statement shall be a financial statement that is either:
(1)
On a form provided by the director for this purpose and sworn to
by the individual who would be the appropriate individual to sign
a registration statement on behalf of the person who registered; or
(2)
Audited by a certified public accountant.
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The closing statement shall indicate the total funds collected
or pledged from the solicitation of funds, the purpose or purposes
(with the amount of funds for each purpose) for which such funds have
been or will be disbursed by the person registering, any incurred
but unpaid expenses resulting from the solicitation of funds, all
other anticipated disbursements of collected or pledged funds, the
actual or projected date of each disbursement, and, if funds have
been or will be kept by the person registering for over 30 days before
disbursement, the name of the financial institution, if any, with
which such funds have been or will be deposited. The requirement to
show the total funds represented by any food that has been collected
or pledged may be satisfied either by estimating the monetary value
of the food to the nearest multiple of $100.00 or by providing the
weight of the food in the manner required by the director.
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(c)
Each
person registering shall file a preliminary closing statement no later
than 30 days from the expiration of its certificate of registration.
The preliminary closing statement shall be filed with the director
on forms provided for this purpose. It shall be a financial statement
containing the same information as listed on the preceding subsection
of this section, except that it need not be sworn to or audited by
a certified public accountant and that any amounts stated thereon
may be estimated based upon whatever information is reasonably available
to the person registering at the time the preliminary closing statement
is filed.
(d)
Any
requirement in this division to submit a financial statement may alternatively
be satisfied by the submission of an information return covering the
entire time period during which the solicitation of funds was conducted
and actually filed with the United States Internal Revenue Service
to fulfill federal requirements for submission of information returns
for persons exempt from taxes in accordance with 26 U.S.C.A. section
501 or any successor provision.
(Ordinance 312, sec. 7.1, adopted 12/9/08)
All registration statements and closing statements filed with
the director, whether or not a certificate of registration has been
issued, shall be public records and shall be available for inspection
by members of the public during the director’s regular business
hours. Copies may be obtained at the fees prescribed by law for copies
of city records.
(Ordinance 312, sec. 8.1, adopted 12/9/08)
