O-162-C
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CODE ORDINANCES
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467
ORDINANCE NO. 162-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLOIRDA, REGULATING
SOLICITATIONS FOR ANY PURPOSE: PROHIBITING SOLICITATIONS
BY FALSE OR FRAUDULENT STATEMENTS: REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVER-
ABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
SECTION I.
Solicitations permit required. No person shall solicit for the
sale, lease, rent or trade of any goods, services, or articles for
value within the City of Clermont without a permit from the City Manager
authorizing such solicitation. Provided, however, that this section
shall not apply to solicitations conducted among the members of organi-
zations or if the solicitations are in the form of collections or
contributions at the regular assemblies or services of any establishment.
SECTION II.
Application for permit. An application for a permit to solicit
as provided by Section I of this Ordinance shall be made to the City
Manager upon forms provided by the City of Clermont. Such application
shall be filed with the City Manager at least 7 days prior to the time
at which the permit applied for shall become effective; provided, how-
ever, that the City Manager may, for good cause shown, allow the filing
of an application less than the 7 days herein prescribed. The appli-
cation herein required shall contain the purpose for which solicitation
is to be made, an outline of the method or methods to be used in con-
ducting the solicitations; the time when such solicitations shall be
made giving the dates for the beginning and ending of such solicitation;
a statement of the character and nature of the goods, services or articles
for which the solicitations are made being done by the applicant; such
other information as may be reasonably required by the City Manager in
order to determine the kind and character of the proposed solicitation
and whether such solicitation is in the interest of the public welfare.
SECTION I II .
Standards for City Manager in granting or denying applications
for permits. The City Manager shall issue the permit provided for in
Section 1 hereof whenever he shall find the following:
1. That all of the statements made in the application are true;
2. That the applicant has a good character and reputation for
honesty and integrity;
3. That the control and supervision of the solicitation will be
under responsible and reliable persons;
4. That the applicant has not engaged in any fraudulent transaction
or enterprise and that the solicitation will not be a fraud on the public;
5. That all other ordinances and regulations are being complied
with.
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CODE ORDINANCES
Ordinance No. 162-C
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468
SECTION IV.
Denial of application. If the application does not meet the
requirements enumerated in Section III, the City Manager shall deny
the application. Any decision of the City Manager to deny an appli-
cation may be appealed to the City Council.
SECTION V.
Revocation of permits. Whenever it shall be shown or whenever
the City Manager has knowledge that any person to whom a permit has
been issued under this Ordinance has violated any of the provisions
hereof or that any promoter, agent or solicitor has misrepresented
the purpose of the solicitation, the City Manager shall immediately
suspend the permit and give the permit holder written notice by hand
delivery or by registered mail of such suspension. Any revocation or
suspension may be appealed to the City Council.
SECTION VI.
Defini tions.
a. Solicit and solicitations shall mean the request directly
or indirectly of money, credit, property, financial assistance or other
thing of value as consideration or payment for goods, services or articles
of any nature. The words shall also mean and include the following:
1. Any oral or written request.
2. The distribution, circulation, posting or publishing of
any handbill, written advertising or publication; the sale of, offer
or attempt to sell, any advertisement, advertising space, book, card,
chance, coupon, device, magazine, membership, merchandise, subscription,
ticket or other thing in connection with said solicitation.
3. A solicitation as defined herein shall be deemed completed
when made, whether or not the person making the same receives any con-
tribution or makes any sale referred to herein.
SECTION VII.
All ordinances or parts of this ordinance in conflict herewith
are hereby repealed.
SECTION VII I.
Should any section or part of this section be declared invalid by
any Court of competent jurisdiction, such adjudications shall not apply
or affect any other provision of this Ordinance, except to the extent
that the entire section or part of the section may be inseparable in
meaning and effect from the section to which such holding shall apply.
SECTION IX.
This Ordinance shall be published as provided by law and shall
become law and take effect 30 days from the date of its Second Reading
and Final Passage.
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CODE ORDINANCES
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Ordinance No. 162-C
First Reading this 10th day of May, 1977.
Second Reading this /.If-~ day of \),~
PASSED AND ORDAINED BY THE CITY COJtCIL OF
COUNTY, FLORIDA, THIS /If~ DAY OF 7htP,
, 1977.
THE CITY OF CLERMONT,
LAKE
, 1977.
ATTEST:
DO~~~~
CITY OF CLERMONT
By: (!! ~
CLAUDE E. SMOAK, JR. - MAYOR
APPROVED by me this
Clerk
/L/--t& day of !-1./V1JL... ,1977.
(jf~
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing
Ordinance No. 162-C was published on the 19th day of May, 1977,
in a newspaper of general circulation located within the City of
Clermont, Florida, as required by Florida Statute 166.041(3)(a),
said date of publication being 14 days prior to the Second Reading
and Final Adoption of this Ordinance.
tOtLp-J 1/ ~A~~
CITY CLERK