As used in this article, the following terms shall have the meanings indicated:
A day on which sales and solicitations referred to in § 25-103 are made.
A permit issued under this article authorizing such sales and solicitations.
DIVISION 1 |
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Generally |
[P&L Code § PL728]
Tag day solicitations and sales shall be conducted between the hours of 8:00 a.m. and 9:00 p.m., unless the City Manager grants express permission to extend the hours.
[P&L Code § PL730]
All tag day solicitors and salesmen shall be furnished an identification card similar to the one attached to the application for a tag day permit, which card shall be dated and signed by the authorized person named in such application. It shall be unlawful for any person to engage in any activity mentioned in § 25-103, unless he has such identification card in his possession. Such identification card shall be shown on demand of any person solicited, or on demand of any police officer of the City.
[P&L Code § PL728]
No more than six tag day solicitors or salesmen shall be allowed to operate in any one City block or mall block, measured from the center of an intersection to the center of the next intersection on both sides of a single street or mall segment.
[P&L Code § PL728]
If tag day solicitations or sales are conducted in mall areas, they shall be distributed equally among areas.
[P&L Code § PL728]
No tag day solicitor or salesman shall obstruct or impede the passage of persons or vehicles on any street or sidewalk or at the entrance of any building.
[P&L Code § PL732]
Every person issued a permit under this article shall file a report of the amount collected and the disposition of the same, with the City Clerk, within 15 days of the date of the tag day.
DIVISION 2 |
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Permit |
[P&L Code § PL724]
No person shall solicit contributions or sell or offer for sale any tags, poppies, buttons, forget-me-nots, flags, ribbons or other like tokens for any charitable, patriotic or other purpose on the streets or in any public place in the City, without obtaining a permit for conducting the solicitation or sale involved.
[P&L Code §§ PL725, PL730]
A.
An application for a permit required by § 25-103 shall be addressed to the City Manager and filed with the City Clerk on or before 60 days prior to the proposed solicitation or sale. For good cause shown, the City Manager may receive applications after such date. The application shall contain the following information, or a statement as to why it cannot be furnished:
(1)
The name, address and headquarters of the applicant.
(2)
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a statement as to whether the organization is part of an international, national or state agency or organization or is entirely local.
(3)
The length of time the applicant has been in continuous existence in the City.
(4)
If the applicant is a new organization, a detailed statement of the type and kind of organization, its objectives and the services it will render in the City.
(5)
The name and address of the person who will be in direct charge of conducting the solicitation or sale, and of the person by whom the receipts will be disbursed.
(6)
The purpose for which the solicitation or sale is to be made, the total goal or amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom.
(7)
An outline of the methods to be used in conducting the solicitation or sale and a description of any device, token or article to be given away or sold, together with a sample thereof and a statement of the cost of each such article.
(8)
The time when it is desired to make such solicitation or sale, giving preferred dates therefor, and the area within the City to which the solicitation or sale shall be confined.
(9)
The estimated cost of the solicitation or sale and the amount of any wages, fees, commissions, expenses or gifts to be expended, paid or given to any person in connection with such solicitation or sale and the names and addresses of all such persons.
(10)
A financial statement for the last preceding fiscal or calendar year, as the case may be, of any funds collected by the applicant, such statement to show the amount of money so raised, the method and cost of raising it and the final distribution thereof.
(11)
A full statement of the character and extent of the charitable or patriotic work being done by the applicant within the City and elsewhere.
(12)
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 City.
(13)
Such other information as may be reasonably required by the City Manager to determine the kind and character of the proposed solicitation or sale and whether such solicitation or sale is in the interest of, and not contrary to, the public interest and welfare.
B.
Each application filed under this section shall have attached to it a proposed solicitor's and salesman's identification card and the name of one person who will be the only person authorized to sign and issue such card.
[P&L Code § PL726]
With the application for a permit under this division, the applicant shall file with the City Clerk a bond, executed by a corporate surety authorized to do business in the state or by three persons, each of whom shall swear under oath that he is worth an amount not less than the penalty set forth in the bond, over and above all debts and exemptions. Such bond shall be in the amount of $1,000 and shall be conditioned upon the faithful handling and distribution of the funds raised according to the plans and purposes set forth in the application, and that funds will be solicited in the manner specified in the application and not contrary to state law or ordinances of this City. If such bond is filed with individual sureties, said sureties may be examined by the City Attorney, under oath, concerning the character and extent of their property and whether or not it is subject to execution. Such bond shall be approved by the City Attorney before any permit shall be granted under the terms of this division.
[P&L Code § PL727]
An application for a permit under this division shall be referred to the City Manager immediately. The City Manager may refer such application to the Parks Director, Mall Advisory Committee, Chief of Police and City Attorney and they shall make an investigation of the truth of the statements set forth in the application and file a written report thereon. If such application is so referred for investigation, such investigation shall be made and the report filed within 20 days thereafter.
[P&L Code § PL729]
A.
Subject to the other provisions of this division, the City Manager shall authorize the City Clerk to issue a permit applied for under this division, when he shall find the following facts to exist:
(1)
That all of the statements made in the application are true.
(2)
That the applicant has a good reputation for honesty and integrity, or if the applicant is not an individual, that every officer, manager or agent of the applicant has a good reputation for honesty and integrity.
(3)
That the control and supervision of the solicitation or sale will be under responsible and reliable persons.
(4)
That the applicant has not engaged in any fraudulent transaction or enterprise.
(5)
That the solicitation or sale is promoted solely to finance the charitable, patriotic or other cause described in the application and will not be conducted for private profit.
[P&L Code § PL728]
A.
The total number of permits issued under this division shall not exceed 15 in one year nor five in any one month.
B.
Only one permit or series of permits shall be issued under this division for any one day. Separate organizations may co-sponsor a tag day having a unified theme, such as veterans on poppy day.
C.
Only one permit shall be issued under this division to the same applicant in any one calendar year.
[P&L Code § PL728]
Organizations actively based in the City and traditionally conducting tag day solicitations or sales in the City shall be given preferred consideration in the issuance of permits under this division.
[P&L Code § PL725]
If, while any application for a permit under this division is pending or during the term of any such permit granted, there is any change in fact, policy or method that would alter the information given in the application, the applicant will notify the City Clerk, in writing, immediately.
[P&L Code § PL732]
A permit issued under this division shall be a license to the applicant therefor to conduct such sale or solicitation only on the date therein specified.
[P&L Code § PL731]
A.
Upon complaint filed with the City Manager by any person or upon his own motion, the manger may suspend a permit granted under this division for good cause shown. "Good cause" shall include:
(1)
Any material misrepresentation in the application for the permit or any fraud in its procurement, or failure to carry out any commitment or representation contained in the application or in this article.
(2)
Any cause which would have prevented the granting of the permit in the first place.
(3)
Misconduct of the permittee, such as a violation of any of the requirements of this article, the commission of any unlawful act prohibited by this article or any other law, or any conduct involving dishonesty or lack of good faith, integrity, responsibility or moral turpitude.
B.
After the City Manager has made his findings and suspended a permit, the holder of the permit shall have the right to appeal to the City Commission, within 10 days after receiving notice of such suspension, and such appeal shall be made by writing a letter and filing it with the City Clerk stating that an appeal from the ruling of the City Manager is desired to the City Commission as a whole. If an appeal is not made within 10 days, the permit shall be revoked.