Sec. 122.503. - Solicitation.

(a) Permit required. It shall be unlawful and a class B offense for a person who is not an employee of the Jacksonville Port Authority, a licensee of the Authority or an employee of a licensee to solicit from another person a gift or donation of money, a pledge of money or anything of value, with or without an exchange of goods or services therefor, orally or by distribution of written or printed material, on airport property supervised by the Authority at Jacksonville International Airport, Herlong Airport or Craig Airport, unless the person soliciting has first secured a written permit to solicit from the Authority, its Director of Aviation or a duly authorized representative of either. (b) Application; contents. An application for a permit to solicit shall be in writing on a form furnished by the Director of Aviation of the Jacksonville Port Authority, shall be submitted to the Director of Aviation at least ten days before the first day sought for solicitation, and shall include the following information: (1) The full legal name, name customarily used, specific mailing address and telephone number of the person or organization sponsoring, conducting or promoting the solicitation. If the mailing address is a post office box number, the actual street address or office building room number shall also be stated. If the applicant is a branch, division or representative of an organization the main office of which is outside the City, the full legal name, name customarily used, specific mailing address (including zip code number), actual street address or office building number if different from the mailing address and telephone number (including area code number) of the parent organization shall also be stated, and written authorization of the parent organization to make the application and to solicit for it shall be attached to the application. If the applicant or the parent organization is a charitable organization as defined in Chapter 694 , other than a religious organization, the certificate of registration issued by the Chief of Consumer Affairs to the applicant, or a photocopy thereof, shall be attached to the application; but if the applicant or the parent organization is a religious organization no such attachment need be made nor shall the issuance of any such certificate of registration be required. (2) The date the solicitation is to begin, and the date it is to end, not exceeding 30 days from the date of beginning. (3) The number of persons who will solicit at any given time, the approximate hours and dates each will solicit, and the full legal name, name customarily used, mailing address and street or office building address of each, telephone number of each, and date of birth of each. (4) A brief description of the solicitation activity proposed to be engaged in on airport property. (5) Such other pertinent information as may reasonably be found by the Director of Aviation to be necessary to enforce the provisions of this Chapter. (c) Denial of application; when. The application shall automatically be granted and the permit to solicit shall automatically be issued unless the Jacksonville Port Authority or its Director of Aviation finds that one or more of the following facts exists: (1) A statement in the application is false. (2) The applicant, the parent organization of the applicant, or some representative of the applicant or parent organization designated on the application as a solicitor is engaged in or has been convicted of a fraudulent activity, or has been convicted of a criminal offense involving moral turpitude, or during the period of a previously issued permit has conducted a solicitation activity on airport property supervised by the Jacksonville Port Authority in violation of the terms of this Subpart A or the terms of the permit issued. (3) There is reasonable cause to believe that the granting of a permit for the time applied for will result in a direct and immediate danger or hazard to the public security, health, safety or welfare. (d) Permit; contents. A permit to solicit on airport property supervised by the Jacksonville Port Authority shall specify: (1) The airport or airports for which the permit is granted. (2) The dates of the beginning and end of the solicitation permitted. (3) The names of the persons permitted to solicit. (4) That the area at the airport in which solicitation is permitted includes only those areas to which the general public has access and does not include any area reserved for the use of the Authority, a licensee of the Authority, or another person or agency. (5) That in those areas to which the general public has access the permit does not include the privilege of solicitation in the immediate vicinity of terminal ticket counters and other counters, baggage claim areas, security checkpoints, escalators, elevators, stairways, doors and rest rooms. (6) That the privilege of solicitation in areas to which the general public has access does not include the privilege of invading the rights of other persons to privacy, unimpeded progress toward destinations and free access to airport facilities. (e) Wearing of identification badge; return; notification to Director of Aviation. Each person named as a solicitor in a permit shall be issued, and while engaged in the solicitation shall wear conspicuously displayed on his outer clothing on the upper part of the body, an identification badge, nameplate or card displaying the photograph of the solicitor (to be taken by the Jacksonville Port Authority) and stating the name of the solicitor and name of the person or organization for which the solicitation is being made. At the expiration of the permitted solicitation period, each identification issued shall be returned to the representative of the Authority or its Director of Aviation who issued it. Each solicitor shall, before beginning solicitation on a given day, notify the Director of Aviation of the presence of the solicitor on airport property and display the identification issued to the solicitor. (f) Regulations pertaining to solicitors. While engaged in solicitation on airport property under a permit: (1) No solicitor shall make a noise or chant louder than ordinary conversation, create a disturbance, dance, sing or use a drum, cymbal or musical or noisemaking device other than the human voice. (2) Each solicitor who distributes written or printed material shall, before delivering the material to another person, inform the other person that a donation or pledge of money or something else of value is sought. If the other person evidences or expresses a desire not to accept the material, the solicitor shall not attempt to deliver the material to the other person; and if the material is accepted and then discarded by the other person within the solicitation area, the solicitor shall retrieve the material within one hour after it is discarded. (3) No solicitor shall use airport property or space other than rental lockers for the storage of written or printed material, but shall carry around with him the material to be distributed that is not stored in a rental locker. (4) No solicitor shall solicit in, remain in or impede the free passage or access of another person to or from the immediate vicinity of those areas of the airport in which solicitation is not permitted as specified in subsection (d) of this Section. (5) No solicitor shall exercise the privilege of solicitation in such a manner as to invade the rights of other persons to privacy, unimpeded progress toward destinations and free access to airport facilities; and no solicitor shall pursue solicitation with respect to another person who says or otherwise makes it evident that continued solicitation would be unwelcome. (6) No solicitor shall distribute an article to another person, touch or fasten an article to the person, clothing, luggage or vehicle of another person, unless first expressly invited to do so by the other person. (g) Cancellation of permit. If a solicitor violates any of the provisions of subsection (f) of this Section, the Jacksonville Port Authority or its Director of Aviation may cancel the permit insofar as solicitation by the solicitor is concerned. If the solicitors for a particular person or organization violate any of the provisions of subsection (f) of this Section on three or more occasions during a permitted period of solicitation, the Authority or its Director of Aviation may cancel the permit and decline to issue a new permit to the person or organization to whom the permit was issued. (h) Suspension of permit; alternative. The Director of Aviation of the Jacksonville Port Authority may temporarily suspend a permit because of an emergency situation such as unusually congested conditions or schedule interruptions which would substantially impair movement in the area of permitted solicitation, or to permit necessary security measures. If a permit holder so desires, instead of temporary suspension, the Director of Aviation may temporarily circumscribe the area of permitted solicitation to exclude the location of the emergency situations. (i) Reduction or apportionment of solicitors. In the event the Jacksonville Port Authority or its Director of Aviation has received one or more applications for a permit involving so many solicitors at a given time, or so many different applications for permits for a particular date or period, that the solicitation area or areas requested cannot reasonably accommodate as many solicitors as are desired without undue congestion, disruption of service or interference with necessary security measures, the Authority, its Director of Aviation, or a duly authorized representative of either, may: (1) In the instance of one application for a permit for an excessive number of solicitors, designate a reasonable lesser number of solicitors in issuing the permit. (2) In the instance of multiple applications for different persons or organizations desiring permits, determine the total number of solicitors at a given time that the solicitation area can reasonably accommodate, divide that total number of solicitors at a given time that the solicitation area can reasonably accommodate, divide that total of applicants for permits, and issue to each applicant a permit for an equal number of solicitors, exactly and impartially, without giving preference to any applicant over another. (j) Refusal, cancellation or suspension to be in writing; appeal to chairman of Authority. When an application for a permit is refused or a permit is canceled or temporarily suspended by the Director of Aviation of the Jacksonville Port Authority, or his duly authorized representative, the Director of Aviation, or his duly authorized representative, shall state in writing the reasons therefor and hand deliver or deposit it in the mail within 48 hours. The applicant whose application is refused or the permittee whose permit is canceled or temporarily suspended shall have ten days after receipt of a copy of the written reasons to appeal the refusal, cancellation or suspension in writing to the chairman of the Jacksonville Port Authority. The chairman shall either hear and decide the appeal or, at his discretion, appoint one or more Authority members to hear and decide the appeal. If the chairman or the designated member or members of the Authority affirm the decision of the Director of Aviation, no other administrative remedy shall be appropriate and the administrative process shall be considered exhausted. (Ord. 77-996-565, § 1; Ord. 83-591-400, § 1) Note— Former § 329.103.