HomeMy WebLinkAbout2983-08/07/1978 Y� 1, -s'' P�7i�14
ORDINANCE NO.
AN ORDINANCE AMENDING CHARTER 23, LICENSES AND BUSINESS
REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO, IOWA, BY REPEALING SECTION 23-43. SOLICITORS AND
AGENTS, IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF NEW
SECTIONS 23-43, 23-44, 23-45, 23-45.1, 23-45.2, 23-45.3,
23-46, 23-47, 23-47.1, 23-47.2, 23-47.3, 23-47.4, 23-48,
AND 23-48.1 KNOWN AS SOLICITORS OF FUNDS TO BECOME A PART
OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO, IOWA.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 23-43 of Chapter 23, Licenses and Business Regulations, of the
Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its
entirety; that new Sections 23-43, 23-44, 23-45, 23-45.1, 23-45.2, 23-45.3,
23-46, 23-47, 23-47.1, 23-47.2, 23-47.31 23-47.4, 23-48, and 23-48.1 known
as Solicitors of Funds to become a part of Chapter 23 of the Code of Ordinances
of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows:
Sec. 23-43. Definitions.
(a) Any person or organization excepting those hereinafter listed who
shall solicit contributions of funds personally or through an authorized
employee, agent, or representative by the direct solicitation of money or by
the sale of tags, buttons, or tokens of nominal value, intending that all or
a substantial portion of such funds be used for the procurement of necessaries
for one or more individuals, or for medical, educational, religious or other
purposes toward the benefit of the community or a needful segment thereof,
shall be deemed a solicitor of funds.
(b) Except as they pertain to activities governed by Sections 23-47
through 23-48.1, the terms "solicitor of funds", "solicit funds", and
"solicitation of funds" shall not pertain to or include:
(1) A person holding a valid state solicitation license;
(2) Any organization soliciting contributions from among its
membership or employees;
(3) Any organization soliciting contributions while the
solicitor and the person solicited are located upon
property owned by that organization;
(4) Solicitation of contributions by mail;
(5) Solicitation of contributions by a person located outside
the corporate limits of this city who is there initiating
solicitation of residents of this city, so long as such
solicitation does not take the form of telephone or other
direct personal solicitation by such person or his
representatives of individuals in this city; or
(6) Solicitation for contributions of funds for a political
party or candidate.
(c) The word "person" when used in this chapter in reference to licensing
and solicitation shall be synonymous with the word "organization" except where
the context clearly shows another meaning.
Sec. 23-44. License.
No person or organization shall conduct a solicitation of funds as defined
in this chapter, excepting a solicitation of funds for a religious cause or
purposes, without having first obtained a license as provided in this chapter.
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Sec. 23-45. Application for license.
Any person applying for a license to conduct a solicitation of funds,
excepting solicitation of funds for a religious cause or purposes, shall make
written application therefor to the city clerk, who shall refer the completed
application to the city council. No license shall be issued unless authorized
by the city council upon an application which shall contain the following
information:
(1) Name of applicant and the organization he represents;
(2) Purposes of the solicitation or purposes of the
organization;
(3) Location and address of the general headquarters of the
organization and of any headquarters or person through
which the organization locally operates;
(4) Names and addresses of the officers of the organization;
(5) Names of the persons having charge of the solicitation
and the estimated number of persons who will be directly
soliciting funds;
(6) Proposed amount of funds to be raised by the solicitation,
and the methods of soliciting or raising the funds proposed;
if the organization proposes an on-going solicitation, then
only the methods of soliciting funds need be listed;
(7) Percentage of gross collections in the city which will be
used to pay solicitors of funds, other solicitation costs
and expenses of the local organization, and the amount of
percentage of such gross collections which will be paid to
the local organization or to the national organization,
where applicable, and not directly applied to the purposes
of the solicitation. If solicitors are paid a salary or
percentage of gross collections, then the number and amount
of such salary or percentage shall also be listed. If a
set percentage or dollar amount of the amount to be
collected will be disbursed or distributed elsewhere than
in the city, such percentage or amount shall be estimated
and set forth;
(8) The method by which funds raised in the city will be
distributed;
(9) The name and address of the local person or officer to
whom action on the application by the city council and
other city correspondence with the organization may be
sent; any change in such name or address after issuance of
a license shall be filed with the city clerk, to permit
that information to remain as current as practicable;
(10) Such other and further information as may be required by
the city council to aid the city council in determining
whether or not the application shall be approved.
Sec. 23-45.1. Issuance of license.
Upon the city council determining that a person applying for a license
has complied with the terms of Section 23-45 hereinabove, that the solicitation
so described is in the best interests of the residents of the city, and that
the other sections of this chapter and ordinances of the city will be obeyed
in the conduct of the solicitations so described, it shall issue a license to
solicit funds. Failure to so make one or more of the above findings shall be
grounds for the city council to deny such license. The methods of solicitation
and of expenditure and distribution of funds and the period of solicitation set
forth in the application, as varied by the city council, shall be deemed to be
incorporated into and shall become a part of the license for that person.
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Sec. 23-45.2. Duration of license.
The license issued by the city council shall be issued in the name of
the organization, shall embody the particular information contained in the
application therefor, and shall be valid until revoked by the city council,
invalidated as described in this section, or turned in by the licensee,
whichever event shall occur first in time. Such license shall permit the
licensee to solicit for contributions of funds in the city so long as the
name and make-up of the organization, the goals and purposes thereof, the
manner and method of solicitation, and the proposed distribution of the
gross collections remain the same as stated in the application; if any of
those particulars change, the license shall become and remain invalid until
the applicant has submitted the pertinent corrective information to the city
clerk for approval by the city council, which approval shall again validate
the current license.
Sec. 23-45.3. License fee; bond.
The applicant shall pay a license fee in the amount of $10.00 to the
city clerk at the time of filing application, and again at any time thereafter
when corrective information such as that described in section 23-45.2 is
thereafter provided to the city clerk. In the event the initial application,
or the application with such corrective information, is disapproved by the
city council such fee shall be retained by the city. The applicant shall be
required to file bond only in those instances when the city council, upon
investigation, determines that insufficient information of local operations
by the person or organization conducting the solicitation has been given to
the city council to permit a determination of the propriety of the manner of
solicitation of funds by the organization, or of the adherence of the
organization conducting such solicitation to this ordinance or to other
ordinances or laws, or of the proper distribution of funds so raised. In
such event, before authorizing issuance of a license the city council may
require a corporate bond to be executed and delivered to the city in the
penal sum of $5,000, conditioned upon the faithful handling and distribution
of the funds so raised, and upon the funds being solicited in the manner
specified in the application and not contrary to this or other city ordinances
or state law. After a period of operation under a license, but no sooner than
six months after its issuance, the licensee may request that the city council
relieve it of the requirement of bond and, in its discretion, the city council
may so act or may continue the period of bond until a later date.
Sec. 23-46. Solicitation for religious purposes.
(a) Persons or organization who propose to solicit contributions
of funds as described in subsection (a) of Section 23-43, in the city for a
religious cause or a religious purpose or for the perpetuation of religious
views or systems do not need to obtain a license but must prior to soliciting
register with the city clerk, on a form provided by the city clerk for that
purpose, and the registration form shall demand the following from the person
or organization:
(1) Name of applicant and the organization he represents;
(2) The address of its local and, if applicable, its national
headquarters and the name, address, and telephone number
of the person or persons who shall be in charge of the
local solicitation efforts;
(3) The purpose of the solicitation or purposes of the
organization;
(4) The names of the principal officers of the organization
and the name of a person in charge of the local
solicitation efforts;
(5) List the methods of soliciting and raising funds;
Page 4
(6) List the method of distribution of those funds
solicited;
(7) The percentage of gross collections to be distributed
locally and the gross percentage of collections to be
returned to the national headquarters, if any.
If any one or more of those items of information shall change during the
period of solicitation in this city, such change shall be registered with the
city clerk by a person acting for and on behalf of the organization.
(b) Each person soliciting other persons for contribution of funds
for a purpose described in subsection (a) hereinabove must carry identification,
issued by the registering person or organization, in possession at the time of
such solicitation and must identify to the person solicited the name of the
organization, if any, under which the solicitation effort is registered with
the city clerk.
(c) Failure of compliance with subsections (a) and (b) hereinabove
shall be deemed a violation of this ordinance and, in addition to other legal remedy,
failure of compliance with subsection (a) or (b) shall be cause for prohibition
of further solicitation by the person or organization in this city until the
terms of that subsection are met.
(d) Persons who propose to solicit funds, for purposes described
in this section, within or directly adjacent to city-owned buildings may do
so in such locations and in such manner as will permit the orderly conduct of
public business.
(e) Persons who propose to solicit funds, for purposes described
in this section, or other city-owned property, exclusive of that described in
Section 23-47.2, may do so in such locations and in such manner as will permit
the lawful and peaceful enjoyment thereof by the general public.
(f) No person shall commence solicitation as described in subsections
(d) and (e) hereinabove without obtaining approval from the mayor or his
representative of the proposed locations, the number of solicitors, and the
timing and the manner of such solicitation.
(g) The provisions of Sections 23-47 through 23-47.4 shall apply
to the persons and organizations described in this section.
(h) Failure to comply with Sections 23-46 and 23-47 by any person
or organization shall give the city the right to bar further solicitation by
that person or organization until the requirements under the ordinance are met
in full.
Sec. 23-47. Soliciting--Vehicles and booths.
No person shall solicit funds from a person situated in a motor vehicle,
on public or private property. The erection, maintenance and use of any
stand, booth or similar structure in connection with any solicitation in a
public street, alley, or other public property is prohibited unless
specifically authorized by the city council as to location, size of structure,
and the period within which such structure will be so located and operated.
Such authorization may be granted by the city council in the event the
applicant agrees to hold the city harmless from any claim or liability for
damages or injury resulting from the erection, maintenance, operation, or
removal of such structure.
Sec. 23-47.1. Same--Minors.
Persons under 18 years of age may solicit funds under a license issued
pursuant to this chapter only when such solicitation is conducted under the
guidance and supervision of an adult.
Page 5
Sec. 23-47.2. Same--Streets and vehicles; public property.
(a) No person shall solicit funds upon or immediately adjacent
to that portion of any street, alley, driveway access, or public way in this
city which is available for or normally used for vehicular travel.
(b) No person shall solicit funds in the locations as described
in subsections (e) and (f) of section 23-46 without obtaining approval from
the mayor or his representative of the proposed locations, the number of
solicitors, and the timing and the manner of such solicitation.
Sec. 23-47.3. Same--Private property.
No person shall solicit funds on private property where the owner or
person in possession has posted a sign or signs which prohibit solicitation
of funds or has otherwise specifically forbidden such solicitation generally
or by the organization attempting the same.
Sec. 23-47.4. Same--Time of day.
No person shall solicit funds on public property or private property from
8:00 P.M. until 8:00 A.M. the following day, except in connection with, during,
and as a part of attendance at a public or private social, civic, or religious
event.
Sec. 23-48. validated licenses.
Any person in whose name a license was issued authorizing the solicitation
of funds in the city within one year prior to the effective date of this
ordinance shall be issued a license pursuant to this chapter by the city clerk
\ without fee or bond or further city council authorization upon the return of
the license so heretofore issued to such person to the city clerk for
cancellation, accompanied by an application containing the information
specified in Section 23-45. Any person who was otherwise authorized by
ordinance to solicit funds in the city within one year prior to the effective
date of this ordinance may be similarly issued a license pursuant to this
chapter upon filing an application containing the specified information.
Sec. 23-48.1. Revocation.
In the event the city council is advised of circumstances indicating
that the terms of its license or the terms of this chapter have been violated
by the holder of a license granted under the terms of this chapter, the city
council may cause notice to be mailed to the person whose name and address
are shown by the organization's most recent filing to be the proper person,
demanding that such person or other representative of the license holder
appear for hearing at a set time, date, and place to show cause why the license
should not be revoked. After such hearing, if the city council shall conclude
that a violation has occurred and that the license should be revoked, it may
revoke the license, and no further solicitation of funds shall be conducted
in the city by or on behalf of that organization for a period of at least one
year. For purposes of this section, the actions of authorized employees,
agents, or representatives of a licensed organization in conducting
solicitation of funds shall be deemed the actions of the organization. The
actions available to the city council pursuant to this section are in addition
to such other actions as are available for violation of city ordinances.
PASSED AND ADOPTED by the City courIcil this day of ,1978,
and approved by the Mayor this day of 1978.0
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ATTEST: Leo P. Rooff, May9fri
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Katherine Gibbbs, City Clerk
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