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DIVISION 1
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Generally
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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.
[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.
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DIVISION 2
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Permit
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[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.
