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Ordinance No. 5,430Published In, THE BAYTOWN SUN Tuesday, January 16, 1990 Wednesday, January 17, 1990 ORDINANCE NO. 5430 AN ORDINANCE AMENDING SOLICITATIONS," OF CHAPTER REPEALING !NCONSISTENT PR! CLAUSE? AND PROVIDING FOR DATE THEREOF. 900111-1 ARTICLE I1, "CHARITABL-V 22 OF THE CODE OF ONTAINING ORDINANCES; DVISIONS; C A SAVINGS THE PUBLICATION AND EFFECTIVE WHEREAS, numerous persons have been soliciting funds within the City of Baytown on the representation that such funds will be used for charitable, educational, and other worthwhile purposes; and WHEREAS, many citizens have expressed concern that some solicitations may be for purposes other than those stated by the solicitors; and WHEREAS, the generous nature of the citizens of Baytown make them susceptible to the deliberate imitation of the names, slogans and familiar solicitation devices of well known and worthy charitable and religious organizations; and WHEREAS, in order to protect the residents of the City from being defrauded by unscrupulous and misleading solicitations, it is necessary to provide a method for citizens to determine whether various solicitors are deserving of their largesse; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Article II, Chapter 22, "Charitable Solicitations," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: The following words and phrases when used in this article shall for the purpose of this article have the meanings respectively ascribed to them in this section: R ) "Charity" or "charitable, educational, patriotic or philanthropic purpose" shall mean the use, actual or represented, of money or property for any of tlrt following purposes: 1) For the benefit of any poor, underprivileged, needy, sick, or handicapped person; 1, 49 900111-1a 2) For the benefit of any church, congregation, religious society, or other religious group or order; 3) For patriotic purposes such as the teaching of patriotism; 4) For the benefit of any veteran or veteran's organization or association; 5) For the defense or general welfare of the United States, or any state or nation; 6) For the relief of any race or group of people; 7) For civic purposes such as social or cultural functions or the improvement or beautification of any state, city, or community; 8) For the benefit of any fraternal or social organization, or any member or group of members of such an organization; 9) 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® b) "Charitable solicitations campaign" shall mean: 1) Any course of conduct whereby any person shall solicit money or property on the plea or representation that the proceeds therefrom are for any charitable, educational, patriotic or philanthropic purpose; or 2) Any course of conduct whereby any corporation chartered under the Texas Nonprofit Corporation Act, or any of its agents, solicits money or property; or 3) 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. c) "Cost of Fundraising" shall mean all costs incurred in raising the funds solicitsd. d) "Organization" shall include associations, clubs, societies, firms, partnerships and corporations as well as individuals or groups of individuals® - 2 - acm■n-I 333..v : :< a) 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 - 3 - other such assessments, receive a bona fide right, privilege, professional standing, honor or other 40 direct benefit, in addition to the right to vote, elect officers, or hold office. b) Any organization whose receipts from solicitations does not exceed $1,000.00 annually. c) 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 written permission of the person who owns or controls the premises. Sec. 22-24. Application, information to be containeqI a) The full name and Baytown address of the organization applying for the permit 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. b) The names and addresses of all officers and directors or trustees of the organization. In addition, the organization shall be required to furnish the name and city of residence of all officers® directors or trustees of the parent organization, if any. c) The purpose or purposes for which the gross receipts derived from such charitable solicitations campaign are to be used. e) The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign in the City of Baytown. - 4 - DIMUM's f) An outline of method or methods to be used in conducting the charitable solicitations campaign. g) The period within which such charitable solicitations campaign shall be conducted, including the proposed date for the beginning and end of such campaign® I' ) The total amount of funds proposed to be raise& i) The amount of all salaries, wages, fees and commissions, expenses and costs to be expended, and the approximate percentage of funds to be collected which will go to charity and the approximate percentage which will go for fundraising. k) The names of all officers, directors or trustees present when the decisions were made in reference to subsections c and d above. m) A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the city during the last preceding year. n) If the applicant is a charitable corporation, a copy of its charter or articles of incorporation; if the applicant is a foreign corporation, a copy of its certificate to do business in Texas. - 5 - o) If the applicant is other organization, an organization to deductible for federal 111111111111111: 1!111!111!11! 111 gleggre III In addition to the aforementioned application, all applicants must submit to the City Clerk, letters of Sec. 22-26. Approval or rejection of permit. The City Clerk shall issue the permit upon proper application, but shall reject the permit if: a) One or more of the statements made in the application are not true; C) The applicant has 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 City in connection with any previous application, or otherwise violated the terms of this article under a previous permit; d) The applicant's campaign, as described in the application to the City Clerk, fails to comply with all applicable state and federal laws and city ordinances; e) The applicant failed to fully complete all the information required on the application; or - 6 - AW f) The applicant failed to adequately document its 4W financial objectives and expenses. Section 2227. Duration of permit® Charitable solicitation permits are valid only for the period specified in the permit® Permits will be issued for a period of up to one year® Sec. 22-29. Reports to be filed. ® 7 - Sec. 22-31. Agents and solicitors of permit holders. - 8 - � Section 4: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine :© not more than Two Hundred and No/100 ($200.00) Dollars. ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper, of the City of Baytown at least twice within ten (10) days after passage of this ordinance. RUX11WO - 9 -