ORDINANCE NO. 13,944
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Sections 78-103, 78-104 and 78-105 thereof and enacting new Sections 78-103, 78-104 and 78-105, relating to solicitation of funds.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by repealing Sections 78-103, 78-104 and 78-105 thereof and enacting new Sections 78-103, 78-104 and 78-105, relating to solicitation of funds, as follows:
Sec. 78-103. Application for license.
Any person applying for a license to conduct a solicitation of funds shall make written application therefor to the city clerk. No license shall be issued unless an application containing the following information is first completed:
(1) The name of the applicant and the organization he or she 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 methods of soliciting or raising funds.
(7) The name and address of the local person or officer to whom action on the application 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.
(8) A statement setting out the cost of solicitation as a percentage of funds raised annually and a statement setting forth why such costs of solicitation are reasonable. If the cost of solicitation exceeds 20 percent of funds solicited annually, the city clerk shall refer the application to the city council, which shall treat the license under section 78-105 of this article as if it had been denied and the denial had been appealed to the city council.
Sec. 78-104. Issuance of license.
Upon the city clerk determining that a person applying for a license has complied with the terms of section 78-103 of this article and that the other sections of this article and city ordinances will be obeyed in the conduct of the solicitations so described, he or she shall issue a license to solicit funds. Failure to comply with the application requirements shall be grounds to deny a license. The city clerk shall not issue a license to any organization where total annual costs of solicitation exceed 20 percent of funds solicited annually by the organization, but shall refer such application to the city council for review as if the license has been denied.
Sec. 78-105. Appeal of license denial to city council.
Any license denied under this article may be appealed to the city council within 20 days of denial. The city council shall consider the denial at its next regular meeting and shall either affirm the denial or order the city clerk, after payment of fees, to issue the license. The city council may consider additional evidence upon appeal. Any license not issued because the total annual cost of solicitation exceeds 20 percent of funds solicited annually shall be referred by the city clerk to the city council, which shall at its next regular meeting decide whether the license shall issue in the same manner as an appeal from denial of a license. The city council shall issue a license to an organization where costs of solicitation exceed 20 percent of funds solicited annually if it finds any of the following:
(1) The organization is a tax-exempt charity under either state or federal law;
(2) Solicitation costs include employment of disadvantaged persons and when costs of such employment is subtracted from total solicitation costs the annual cost of solicitation would be less than 20 percent;
(3) The organization would be exempt from taxation under federal or state law but is precluded from such exemption because it engages in some form of political activity; or
(4) Any other reason which shows the organization is in fact charitable and does not operate primarily for the benefit of people who either raise funds or are in charge of fundraising.
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Douglas P. Philiph, Assistant City Attorney
Preston Daniels, Mayor
Attest:
I, Donna Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 01-1380), passed by the City Council of said City at a meeting held May 7, 2001, signed by the Mayor on May 7, 2001, and published as provided by law in the Business Record on May 21, 2001. Authorized by Publication Order No. 1741.
Donna Boetel-Baker, MMC, City Clerk