An Ordinance entitled, "AN ORDINANCE to amend the Municipal Code of the City of Des

Roll Call Number Agenda Item Number 3> Date October 8, 218 An Ordinance entitled, "AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2, apted by Ordinance No. 13,827, passed June 5, 2, as heretofore amended, by repealing Article IV, Solicitation of Funds, of Chapter 78, which includes Sections 78-11 through 78-115, relating to solicitation", presented. Moved by_ considered and given first vote for passage. that this ordinance be FORM APPROVED: (First of three required readings) Lawrence R. McDowell Deputy City Attorney COUNCIL ACTION COWNIE BOESEN COLEMAN GATTO GRAY MANDELBAUM WESTERGAARD TOTAL YEAS NAYS PASS ABSEN1 CERTIFICATE I, DIANE RAUH/ City Clerk of said City hereby certify that at a meeting of the City Council of said City of Des Moines/ held on the above date/ among other proceedings the above was apted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. MOTION CARRIED API toved,] layor City Clerk

ORDINANCE NO. AN ORDINANCE to amend the Municipal Code of the City ofdes Moines, Iowa, 2, apted by Ordinance No. 13,827, passed June 5,2, as heretofore amended, by repealing Article IV, Solicitation of Funds, of Chapter 78, which includes Sections 78-11 through 78-115, relating to solicitation. Be It Ordained by the City Council of the City ofdes Moines, Iowa: Section 1. That the Municipal Code of the City ofdes Moines, Iowa, 2, apted by Ordinance No. 13,827, passed June 5, 2, as heretofore amended, is hereby amended by repealing Article IV, Solicitation of Funds, of Chapter 78, which includes Sections 78-11 through 78-115, relating to solicitation, as follows: ARTICLE IV. SOLICITATION OF FUNDS Reserved Sees. 78-11 through 78-115. Reserved, See. 78 11. Dcfmitions. The following words, tcrmij and phrases, when used in this article, ohall have the meaningg ascribed to them in this section, except where the context clearly indicates a different meaning: Person, when used in reference to Uccnamg and solicitation ohall be synonymous with the term "organization," except where the context clearly indicates a different intention. Solicitation of funds means any person or organization, excepting those listed in this definition, who shall solicit contributions of funds pcrdonally or through an authorized employee, agent, or representative by the direct Golicitation of money or by the sale of tags, buttons, tokens or other items of nominal value, intending that all or a substantial portion of such funds be used for the procurement of necessaries for one or more individualg or for medical, educational, religious or other purposes toward the benefit of the community or a nocdful Qogmcnt thereof. Except as they pertain to activities governed by Qoctions 78 18 through 78 11.2 of this article, the terms "solicitor offlmds," "solicit fundg," and "Bolicitation of funds" Dhall not pertain to or include the following: -(4-) Any organization soliciting contributiong from among its membership or employees; -{3) Any organization soliciting contributions while the solicitor and the person solicited arc located upon property owned by that organization; --) Solicitation of contributions by mail; -(4) Solicitation of contributions by telephone; -(5) Solicitation for contributioiig of funds for a candidate for election or nomination to any public office or a political party as defined by I.C. /13.2 or a nonparty political organization as described in I.C. f1/1.l; 1

-(6) Solicitation for a rcligioug organization which is exempt from taxation under section 51(c)(3) of the United States Internal Revenue Code; -() Solicitation of contributions by public cmployeeg of other cmployccg of the same public employer in accord with the work rules of the public employer; or -(S) Solicitation of contributiona by a foundation or organization which gives aid or financial support to a publicly owned institution when the solicitation takes place upon land owned by the public institution. See. 78 12. License required. No person or organization shall conduct a solicitation ofindb, as dcfmcd in Bection 78 11 of this article, without having first obtained a liccnac aa provided in this article. See. 78 13. Application for license. Any person applying for a license to conduct a solicitation of funds shall make written application therefor to the city clork. No license shall be issued unlcsa an application containing the following information is first completed: -(4 The name of the applicant and the organization he or she rcprcsontg. -(3) Purposes of the solicitation orpurposcs of the organization. -) Location and address of the general headquarters of the organization and of any headquarters or person through which the organization locally opcrated. -(4) Names and addrcssco of the officerd of the organization. -{5) Names of the pcrsong having charge of the solicitation and the estimated number of persons who will be directly soliciting flinds. - Proposed methods of solicitmg or raising flinda. -() 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 aer isbuancc of a UccnGC Ghall be filed with the city clerk. -( -) A statement setting out the cost of aolicitation as a percentage of funds raised annually and a statement setting forth why such coatg ofgolicitation are reasonable. If the coat of Bolicitation cxccoda 2 percent of fands solicited annually, the city clerk shall refer the application to the city council, which shall treat the license under section 78 15 of this article as if it had been denied and the denial had been appealed to the city council. See. 78 14. Issuance of license. Upon the city clerk determining that a person applying for a license has complied with the terms ofsgction 78 13 ohid article and that the other oectiong of this article1 and city ordinances will be obeyed in the conduct of the solicitations so described, he or ahc shall issue a license to solicit funds. Failure to comply with the application requirements ohall be grounds to deny a license. The city cleric shall not issue a license to any organization where total amiual costs of solicitation exceed 2 percent of funds Golicited annually by the organization, but shall refer such application to the city council for review as if the license has been dcnigd.

V E&- rk Ef y (To ri+ <s> " fpct") Q-. ct> T& ' o. p flo II Cp (D ffi ff-. (Hi t1 < ( ct cb" fl dr- <t~).4r R+ :t iii fc (Jr ~ <1& <&. sb S> th y <fc>. <p d+ y dr" tt> flo FP. i- ttti o y ' 4!±h> R3 <P (F <p fltl Oo fl flt> hb CP Ct) <±i { p Sp t (& 4~i Oc 4-k 4~i (fr s- <T>. 4= htti <L ri < <b v> <±> fl (It) fl-. ". yi (p- f)d Cp p -1-1 oo cp 4- lf i - hh' i.ot ds - fs T ff fc t&- tl1+fcp d; FP rm- L - 4+ <f it> _p crfr " (f> (t> (& s. (D 1+4 w Ill crfr b S crfe tb ' I<T> CK2 A fr p 83. Ffr. <1 E d 4+i <+1- F++d I( " i I 4 ff ct; p y+> s ' CP- (T& dr tn =F - 9 4> ifs f ff> ht±s '(4- fff. i±>' Efri <-!P h Tlj Ct) Iffl " pp y+> s ip- f h+a ±1 y-i -S tt <lr CB fp '' I CtT CK (fo cb 6 <f t> ±' s. < yl. Lp l> <f- tp <t=" flo (t> s Ct> t-4d!-l3 up no t (b ti fp tti p II t+tl-[ Sfi (b fl& t <fr + 6 v> 4i ' fl;. - (p- 3L (&. cb < o ttj fb i- -.- f)d (p ()D 9 IT±i fl- fp CK> K.H (p I fl& ( 1 I hh ff> o fls (UrtJ tp < > <s> i-h 41' CD <D ys SL' Ctl > <T (Its ' ' ': (to Ill (t> 3L >±h!j. tf s(t> rj f flu (t " > I1! y <1t> <t[> ; I d) 3r it fl R- -.i hj+3 J. Cp ' (6 W ts di <S) Ep 4> - ti4+ i4) (1 fli Ft3. ti-1 y ;< dp 4~l 4 cm fls 6f (fl sfr- <fr

4 <'.. ar h+1' di ' fr I fl.!+h ctr it t4-i ( (p Sf -I. fli h+1' ctr hti 4-1 < ' 45 X- <& K fll te ± - ' li 1-fr1 I jf CP 3.:. 6 fb <; 33. f++ a EP > IIfr- ( <Si ya hrs d" (t3 (1 t-b ys f!n. ' cr 3.w s rf+ 1 " 1+1 3i ;'h 1- ' 115 I 1 - fr 11 hb <G <& li <t3 flo kp I<& +i - y Ip- < i p (to tt ; < hrts ( - II II- ;. i.i f.'.;hdi Si 1-A <s> -t ds H+ Et= h y cd tjp f. fp. J r++ y Tt '. flb.1 d <1 i ijr to < iicd hh hh ;b t> -Ihrti <1t> 1-p ( (D "I tp h+ti. (t> < f j % <ts A h4s y3 (fc> 3! 4-4-i. I "..<f> hh [ ' OQ ~ r f tifi. t,i fp-1 fll. ' db fp F++- (JT- (ti. d; I cub. CR 9 crt ' t) (D 1-1 (p <ti <!t> <x> E& ht+> -p Cfl W (t> i t C E! 1+1 fli > 1+) ( S st ( 2: lfr '-ID crti v tp - -±i U/> P t k±h FP <p It IFP TtS <I b ff (±r tr 3 +. t Ft < CD n r + CD fl <1P i-h -> 2 <p,ff) t ITP " 4= hh ri i p. p CF-- dr Ct> rib as fls <p T1 rm- >+'.'" i SL i (I) >i; 4+~. a; /" <6 - CP ff ' d> i y >. CE>!TL <D 4 2 <P 36 d s. f 1-jp (t ( htjj 1 h HII ~1- rm- a-i u r++ 4i <I) 1+1. < ch 4~> <) 4-1 t) Vi >4'«fls cr h'"d 9 Sfi )4-- v ' fli (fr " <f> di- en- '. dp. <lt <ti fp Ife n 1 EtS % r fla

employee lounges or break areas or in accordance with work rules apted by the city manager. (e) No person shall colicit flindg within the zoo or Botanical Center. (d) No person shall solicit funds in any skywalk without complying with this article and chapter 12 of this Code. See. 78 114. License revocation. The city council may, upon complaint which indicates that the terms of a license or the terma of this article have been violated by the holder of a license granted under this article, direct the city clerk to cause notice to be mailed to the person whooc name and addrcgg are shown by the organization'g most recent filing to be the proper person, demanding that such person or othcr rcpregcntativo of the liccnac holder appear for hearing before the city council at a set time, date, and place to show cause why the license should not be revoked. Aer such hearing, if the city council shall conclude that a violation has occurred and that the license Ghould be revoked, it may revoke the liccnae, and no further Golicitation of funds shall be conducted in the city by or on behalf of that organization for a period of at least one year. For purposcg of this section, the actions of authorized employees, agents, or reproqentativeg of a licensed organization in conducting aolicitation of mds shall be omed the actions of the organization. The actions available to the city council pursuant to this Gection arc in addition to such other actions as arc available for violation of city ordinancca. See. 78 115. Copies provided. Any person or organization receiving a license pursuant to this article Qhall be provided a copy of sections 78 18 through 78 112 of this article by the city clerk. Section 2. This ordinance shall be in full force and effect from and aer its passage and publication as provided by law. FORM APPROVED: Lawrence R. McDowell Deputy City Attorney