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35-95
ORDINANCE NO. 35-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, REPEALING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW CHAPTER 110 TO PROVIDE FOR THE GENERAL RULES AND REGULATIONS GOVERNING OCCUPATIONAL LICENSES, AND PROVIDE FOR THE APPLICATION, ISSUANCE, CLASSIFICATIONS. RELATING THERETO AND PROVIDING FOR THE ESTABLISHMENT OF FEES, AND PROVIDING FOR PENALTIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Whereas, Section 205.0535 of the Florida Statutes provided municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure pursuant to the criteria set forth under Senate Bill 354; and Whereas, pursuant to Senate Bill 364 the City Commission appointed the Occupational License Equity Study Commission whose task was to review current classifications and rates charged and to make recommendations to the City Commission on the same, providing for an Occupational License fee structure and classification system that would be equitable, reasonable and uniform; and Whereas, the City Commission considered the recommendations of the Equity Study Commission at a workshop meeting in March, 1995 and determined that the recommendations proposed would achieve the desired goal of being equitable, reasonable, and uniform; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Occupational Licenses Generally", of the Code of Ordinances of the City of Delray Beach is hereby repealed and that a new Chapter 110 is hereby enacted to read as follows: See Exhibit A Section 2. That Exhibit A, attached hereto shall be incorporated as if fully setforth herein. Ordinance 35-95 Page 2 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on the second and f'mal reading. PASSED AND ADOPTED in regular session on second and final reading on this the 11~:h day of O'uly ,1995 ATTEST: City Clerk ~ -- -[ -t First Reading 3une 20, ! 995 SecondReading 3u'ly 1'1, 1995 CHAPTER 110: OCCUPATIONAL LICENSES GENERALLY Section 110.01 Definitions 110.02 License required 110.03 Application date; date license due and payable 110.04 Duration; expiration date 110.05 Partial year licenses 110.06 Persons not required to pay full fee 110.07 Transfer of license 110.08 When state license is required 110.09 Unclassified professions and occupations 110.10 Delinquent payment; additional penalties 110.11 Failure to obtain license; authority to an'est 110.124' License tax reduction within enterprise zone 110.13 Marking of commercial vehicles required 110.14 Exemptions 110.15 License tax schedule 110.16 Pre-Inspection requirement 110.99 Penalty Cross reference: Enforcement by Code Enforcement Board as supplemental methods of enforcement, see Chapter 37 EXHIBIT A XI.2 Section 110.01 DEFINITIONS. For the purpose of this chapter, the following definitions shah apply unless the context clearly indicates or requires a different meaning. "BUSINESS." "PROFESSION" and "OAT.,~.~a~.O~." Do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions, which institutions are more particularly defined and limited as follows: (1) "CHARITABLE INSTITUTIONS." Only those nonprofit corporations operating physical facilities in this city at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay. (2) "EDUCATIONAL INSTITUTIONS." State tax-supported or parochial church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and are eligible for exemption. (3) "p, ELIGIOUS INSTITUTIONS." Churches and ecclesiastical or denominational organizations or established physical places for worship in this city at which nonprofit religious services and activities are regularly conducted and carried on; also means church cemeteries. "CLASSIFICATION." The rcethod by which a business or group of businesses is identified by size, type or both. "ENTERPRISE ZONE." An area authorized to be an enterprise zone pursuant to F.S. Sections 290.0055 and 290.0065. "OCCUPATIONAL LICENSE." The method by which this city grants the privilege of engaging in or rmnaging any business, professional or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, commission or officer for permits, registration, exan~ation or inspection unless otherwise provided by law; these are deemed to be regulatory and in addition to, but not in lieu of any occupational license imposed under the provisions of this chapter. "PERSON." Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, adminis~'ator, receiver or other fiduciary. "I.~~,~" Any person liable for taxes imposed under the provisions of this chapter; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees and transferees of any such person or agent. (F.S. Sec. 205.022) XI.3 Section 110.02 LICENSE REQUIRED, No person shall engage in or manage any permanent business location or branch office for any business, profession or occupation set forth in this chapter, within the limits of this city, unless a city license shall have been procured from the Building Official of the city. One license shall be issued to each person upon receipt of the amount hereinafter provided in this chapter, (and this license shall be signed in the name of the city by the Building Official). ('80 Code, Sec. 15-1(a)) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.03 APPLICATION DATE: DATE LICENSE DUE AND PAYABLE. Application for any license shall be made on or subsequent to August 1 of each year, and all licenses shall be deemed to be delinquent if not paid on or before September 30 of each year. In the event that September 30 falls on a weekend or a holiday, the tax shall be due and payable on or before the first working day following September 30. (F.S. Sec. 205.053(1) ('80 Code, Sec. 15-5) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.04 DURATION: EXPIRATION DATE. No license shall be valid for more than one year and all licenses shall expire on September 30 of each year, except as otherwise provided in this chapter. (F.S. Sec. 205.043(1)(c)) ('80 Code, Sec. 15-2) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 $~ction 110.05 PARTIAL YEAR LICENSES. No license shall be issued for any fractional portion of the year, except that in the event that any person shall engage in or manage any business, profession or occupation mentioned in this chapter on or after April 1, then the person shall be required to pay only one-half of the amount for any occupational license as is specified in this chapter. ('80 Code, Sec. 15-6) Penalty, see Sec. 110.99 Statutory reference: Authority to establish provisions for partial licenses, see F.S. Section 205.053(1) XI.4 Section 110.06 PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective license as a contractor issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a city license for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license in such cases. All other businesses will require a $10.00 registration fee along with a copy of a valid and currently effective occupational license by another Florida municipality or county. (F.S. Sec. 205.065) ('80 Code, Sec. 15-1(c)) (Am. Ord. No. 68-80, passed 11/25/80; Am. Ord. No. 37-93, passed 6/22/93) Penalty, see Sec. 110.99 Section 110.07 TRANSFER OF LICENSE. (A) Any business license may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of 10% of the annual fee, not to exceed a maximum fee of $25.00. (B) As permitted by Florida Statutes, Section 205.043, all business licenses may be transferred for the business for which they were taken out when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade, but the transferred license shall not be held good for any longer time or period than from which it was originally issued. The original license shall be surrendered to and filed with the Building Official at the time application for transfer is made, and the transferred license shall be of the same force and effect as the original license. Both parties involved shall be in agreement with the transfer of the license and shall sign a transfer application. At the time any license is transferred, the person applying for the transfer shall pay a fee of 10% of the annual fee, not to exceed a maximum fee of $25.00. (F.S. Sec. 205.043) ('80 Code, Sec. 15-4) (Am. Ord. No. 49-93, passed 8/24/93) Section 110.08 WHEN STATE LICENSE IS REQUIRED. (A) Any person applying for an occupational license to practice any profession regulated by the State Departrrent of Professional Regulation or any board of commission thereof, must exhibit an active state certificate, registration or license, or proof of copy of the same, before a city occupational license may be issued. (1) The State Department of Professional Regulation shall, by August 1 of each year, supply to the Building Department a current list of professions it regulates and information regarding those persons for whom local occupational licenses should not be renewed due to the suspension, revocation or inactivation of such persons's state license, certificate or registration. The Building Department shall not renew such license unless such person can exhibit an active state certificate, registration or license. XI.5 (2) This section shall not apply to F.S. Sections 489.113, 489.117, 489.199, 489.131,489.511,489.513, 489.521 or 489.537. (F.S. Section 205.194) (B) The Building Departrmnt shall not issue an occupational license to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy; however, a city occupational license shall not be required in order to practice the profession of pharmacy. (F.S. Section 205.196) (C) The requirermnt ofF. S. Section 481.201 through and including F.S. Section 481.233 (1988) and implementing Rules of the Florida Administrative Code, as may be amended from time to time, regulating the practice of architecture and interior design, are hereby incorporated as fully as if set forth in length herein. The city shall not issue a building permit(s) if it is apparent from the face of the application for the building permit(s) that the provisions of F.S. Chapter 481, Part I, or the implementing rules of the Florida Administrative Code, as may be amended from time to time, have not been net; provided, however, that a building permit(s) shall not be withheld if an exception or exemption, as set forth in F. S. Section 481.229 applies. (Ord. No. 15-90, passed 4/24/90) Section 110.09 UNCLASSIFIED PROFESSIONS AND OCCUPATIONS. Every business, occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building, tent or upon the street, vacant lot or anywhere in the open air within the city and here not specifically designated shall pay a license tax of $125.00, unless otherwise specified by resolution or ordinance of the City Commission. ('80 Code, Sec. 15-12) Penalty, see Sec. 110.99 XI.6 Section 110.10 DELINQUENT PAYMENT: ADDITIONAL PENALTIES. (A) Unless the license shall have been procured from the city on or before September 30, it shall be considered delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each month of delinquency penalty thereaf~r until paid, provided that the total delinquency penalty shall not exceed twenty-five percent (25%) of the occupational license fee for the delinquent establishment. (F.S. Section 205.053(1)) (B) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a penalty of twenty-five percent (25%) of the license determined to be due, in addition to any other penalty provided by law or ordinance. (F.S. Section 205.53(2)) (C) Any person who engages in any business, occupation or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. (F.S. Section 205.053(3)) ('80 Code, Sec. 15-9) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.11 FAILURE TO OBTAIN LICENSE: AUTHORITY TO ARREST. It shall be the duty of the city to enforce the payment of any license taxes not paid within forty-five (45) days from the day same becomes due by securing a warrant for the arrest of the person, firm or corporation illegally engaging in that trade, business, profession or occupation. ('80 Code, Sec. 15-9) Penalty, see Sec.. 110.99 XI.7 Section 110.~x?;, MARKING OF COMMERCIAL VEHICLES REQUIRED. It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle, unless the vehicle is designated by lettering of four inches minimum size on either side indicting the name of the finn or the name of the corporation or person operating the same for commercial use. ('80 Code, Sec. 15-13 (a)) Penalty, see Sec. 110.99 Section 11071,3.. EXEMPTIONS. (A) The following categories shall be exempt from the license requirements set forth in this chapter; (1) Disabled persons, aged persons, widows with minors. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons over 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000, shall be allowed to engage in any business or occupation without being required to pay for a license. The exemption provided by this section shall be allowed only upon the certificate of a reputable physician that the applicant claiming the exemption is disabled, the nature and extent is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by state law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (F.S. Section 205.162) (2) Disabled veterans of any war or their unremarried spouses. Any bona fide, permanent resident elector of the city who served as an officer or enlisted person during any of the periods specified in F.S. Section 1.01(15) in the Armed Forces of the United States, National Guard or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, army, navy, coast guard or marines to active duty during any war, declared or undeclared armed conflict crisis or the like, who was honorably discharged from the service of the United States, and who at the time of his or her application for a license shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the city, and production of an honorable discharge from the service of the United States: XI.8 (a) Be granted a license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the city license fee does not exceed the sum of $50 for each without payment of any license tax otherwise provided for by law; or be entitled to an exemption to the extent of $50 on any license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the city license for such business occupation shall be more than $50. The exemption heretofore referred to shall extend to and include the right of the licensee to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee and is being operated by him or her as a means of livelihood and that the proper license tax for the operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefore paid by the licensee. (b) When any such person shall apply for a license to conduct any business or occupation for which either the city license fee exceeds the sum of $50, the remainder of such license fee in excess of $50 shall be paid by him in cash. (c) The city shall issue to such persons as may be entitled hereunder a license pursuant to the foregoing provision and subject to the conditions thereof. Such license when issued shall be marked across the face thereof "Veterans Exempt License - Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of the city by means of a certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: 1. A certificate of government-rated disability to an extent of ten percent (10%) or more; 2. The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; 3. The certificate of the county service officer, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license within the meaning and intent of this section; 4. A pension certificate issued to him or her by the United States by reason of disability; or 5. Such other reasonable proof as may be required by the city to establish the face that such applicant is so disabled. (d) All licenses issued under this division shall be in the same general form as other municipal licenses and shall expire at the same time as such other licenses expire. XI.9 (e) All licenses obtained under the provisions of this division by the commission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such license, or who has fraudently received any transfer of a license issued to another, and has thereafter engaged in any business or occupation requiring a license shall be subject to prosecution as for engaging in a business or occupation without having the required license. Such license shall not be issued for any veteran who resides in any other city, unless such veteran applying thereof shall produce a certificate of the tax collector of his or her home city to the effect that no exemption from license has been granted to such veteran in his or her home city under the authority of this division. (f) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by state law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran. (F.S. Section 205.171) (3) Motor vehicles. Vehicles used by any person licensed under this chapter for the sale and delivery of tangible personal property, at either wholesale or retail, from his place of business on which a license is paid shall not be construed to be separate places of business, and no license shall be levied on such vehicles or the operators thereof, as salespersons or otherwise. (F.S. Section 205.063) (4) Exemption for farming and similar activities. (a) No occupational license shall be required of any natural person for the privilege of engaging in the selling of farm, agricultural, grove, horticultural, floricultural, txopical piscicultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, when such products were grown or produced by that natural person in the city. (b) A wholesale farmers' produce market shall have the right to pay a tax of not more than $200 for a license that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual licenses to so engage. XI. 10 (c) The farmer or grower shall present to the Chief Building Official or his designee sufficient proof, by affidavit, that the produce he offers for sale was produced on his own farm, or grove, or from the waters (the buyer of produce in ground or fruit on trees, or the buyer or lessee of trees bearing fruit in the course of maturing shah not be construed as a farmer or grower); whereupon the Chief Building Official or his designee shall register that farmer or grower in a book kept for that purpose, showing the number of the registration, the name, age, place of residence and location of the farm or grove of that farmer or grower, and issue to him a permit signed by the Chief Building Official or his designee showing the registration. The permit must be displayed by the farmer or grower in a conspicuous place on the vehicle from which he offers produce for sale. (F.S. Section 205.064) ('80 Code, Sec. 15-8) (Ord. No. 36-81, passed 6/9/81) (5) Religious tenets. Nothing in this chapter shall be construed to require a license for practicing the religious tenets of any church. (F.S. Section 205.191) (6) Charitable organizations, occasional sales, fund-raising and the like. No occupational license shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are perforrmd exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (F.S. Section 205.192) (7) Mobile home setup operations. No license shall be required for any mobile home dealer, duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as operations as clef'reed in F.S. Section 320.822. however, such dealer or manufacturer shall be required to obtain a license for his permanent business location or branch office, which license shall not require for its issuance any conditions other than those required by F.S. Chapter 320. (F.S. Section 205.193) (B) Applications to the Building Official for any gratis license covered under division (A) of this section shall be made in the form of a sworn affidavit executed by the applicant setting forth those facts necessary to establish the applicant's right to a gratis license. ('80 Code, Sec. 15-7) XI. 11 Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax shall be paid to the city by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: All Fees $125.00. except as noted ABSTRACTING Land rifle, warranty or security company. Each individual conducting the business of abstracting rifle, either in part or in whole, shall pay a license tax of ACADEMY OF MUSIC ADULT ENTERTAINMENT ADVERTISING Agencies, firms, associations, corporafons or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own good and merchandise, shall pay an annual license tax of ADVERTISING Agencies engaged in the business of bill posting shall pay a license tax of, per year ADVERTISING OFFICE, PUBIC RELATIONS ALLEYS, BOWLING, BOXBALL OR TENPINS, Each lane 20.00 AMBULANCES 70.00 Separate from undertaking, each AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES 5.00 Per room excluding kitchen & bathrooms AQUARIUM ARMORED CAR SERVICE 70.00 Each vehicle XI. 12 ART GALLERY (1) Art studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See MERCHANTS) (4) Artists' outdoor sale: Each sale, fu'st day 30.00 Each day thereafter 10.00 ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS These activities and others of a similar nature, whether or not in connection with another business, charging fees, each ATHLETIC CLUB, GYMNASIUM (zoning) AUCTIONEERS AUCTIONS AUCTION, REAL ESTATE Per day AUTOMATIC AMUSEMENT MACHINES, GAMES OR DEVICES, DISTRIBUTOR Annual fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. AUTOMATIC GAMES AND DEVICES or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this chapter. Each machine or apparatus 50.00 AUTOMATIC TRADE MACHINES Where only incentive to operate same is to procure such as gum, nuts and the like, each machine 30.00 Distributor 125.00 XI. 13 AUTOMATIC WEIGHING MACHINES DISTRIBUTOR Each machine 10.00 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IMPLEMENTS, MOTORCYCLES (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot (3) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing repairs by agency. AUTOMOBILE (1) Automatic car wash, not in connection with other business (2) Automobile association (See INSURANCE) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit: 40.00 Each additional unit: 10.00 (8) U-drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto Detailing AUTOMOBILE SERVICE STATION Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under MERCHANTS AUTOMOBILE SERVICE STATION Selling merchandise other than petxoleum products used in greasing and lubricating, shall pay the MERCHANTS license on other merchandise in addition to the foregoing. BABY SITTER SERVICE 60.00 XI. 14 BAGGAGE OR FREIGHT TRANSFER COMPANY BAKERY Wholesale and retail, each store BALL ROOMS FOR PROFIT BANKS (national and state chartered), SAVINGS AND LOAN ASSOCIATIONS (per Section 5219 Revised Statutes 12 U.S.C. 548) BANKRUPTCY, CLOSING OUT, TRUSTEE SALE (See FIRE SALE) BARBER SHOPS BEACH EQUIPMENT (subject to bids to the Commission) BEAUTY SHOPS BIBLE, HOLY - SOLICITORS BICYCLE SHOP, both retail and repair BILLIARD, POOL OR BAGATELLE TABLES 50.00 For profit, each table BIRDS Dealers BLUEPRINTING SERVICE Maps, plats and the like BOAT AGENCIES, NEW/USED Each lot, not to include repairs BOATS FOR HIRE Fishing, cruising or sightseeing, each boat BOAT HOUSES Storage only XI. 15 BOAT MARINAS, DOCKAGE, YACHT BASINS BOAT REPAIR BOILER, MACHINE SHOPS OR FOUNDRIES BONDSMAN, BAIL BONDS BOOK, MAGAZINE SOLICITORS Per week 50.00 Per person 20.00 Interstate commerce No fee BOOKKEEPER/ACCOUNTANT, not C.P.A. BOOT AND SHOE REPAIR SHOP BOTTLING WORKS BROKERS Stocks, bonds, mortgages, customs and others BUILDING INSPECTOR BUILDING AND LOAN ASSOCIATIONS (See BANKS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only BUSINESS COLLEGE, TRADE SCHOOLS BUSINESS OFFICE BUTCHER SHOP CABINET SHOP CARPET AND RUG CLEANING Each location CATERERS 50.00 Fixed base or mobile, each truck XI.16 CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE SALES Season only, each lot CITRUS FRUITSTAND VEGETABLE RETAIL (See MERCHANT) CLAIM AND COLLECTING AGENCIES CLEANING, PRESSING, DYEING (See LAUNDRIES) CLOTHING Secondhand dealers COLD DRINK STAND (See MERCHANT) COLD STORAGE All types COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on a commission basis COMPUTER SERVICE CONCRETE PRODUCTS (See MANUFACTURER) CONCRETE READY-MIX PLANT CONTRACTORS (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, scawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel XI.17 (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating Housemovers Masons Plasterers Roofing Sheetmetal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or contracts on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fLxed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this chapter. CONVALESCENT HOME (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations COSTUME, CLOTHING RENTAL CREDIT BUREAUS DAIRIES (milk distributors, jobbers or creameries delivering milk) Each truck 70.00 XI. 18 DANCE HALLS DANCING SCHOOLS DATA PROCESSING (See PROFESSIONAL) DEALERS IN SECONDHAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. DELICATESSEN DENTAL SUPPLIES DENTAL TECHNICIAN LABORATORY DEPARTMENT STORES (See MERCHANTS) DETECTIVE AGENCY Each location (state certificate) DISTRIBUTOR DOG AND PET GROOMING Sale of supplies, see MERCHANTS DRESSMAKING, HEMSTITCHING (no stock carried) DRUGS, retail dealer (See MERCHANTS) DRY CLEANING (See LAUNDRIES) ELECTRIC LIGHT AND POWER COMPANIES EMIGRANT AGENTS Including any agent, solicitor or recruiter engaged in business of hiring, enticing or soliciting laborers or emigrants XI. 19 EMPLOYMENT AGENCIES ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES EXPRESS COMPANIES, intrastate only EXTERMINATORS (state certificate) FERTILIZER MANUFACTURERS - MIXING PLANT FIRE EXTINGUISHER SALES, SERVICE FIRE AND WRECK SALES (When not conducted by bona fide business concerns previously established and doing business in the city), of undamaged goods of that f'nTn having damage by fire or wreck, each sale FISH OR POULTRY MARKET FISH PEDDLERS (See PEDDLERS OF MERCHANDISE) FISHING TACKLE (See MERCHANTS) FISHING TACKLE OR GUN REPAIR FLORISTS OR DEALERS IN FLOWERS, Each FOOD LOCKERS - COLD STORAGE FRUIT, VEGETABLE STAND FUMIGATING (See EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (See MERCHANTS) GAS COMPANIES (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only XI.20 GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the city GOLF COURSES, each GOLF DRIVING RANGE, each GOLF, MINIATURE, each GUARANTY OR SURETY TITLE COMPANIES GUARD, PATROL SERVICE (See DETECTIVE AGENCY) GUNS, sales or repairs Need federal ftrearms dealers license HARNESS AND SADDLERY (See MERCHANTS) HOME OCCUPATION HOSPITALS, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms 5.00 HYPNOTISTS (Shall be required to meet requirements set forth in F.S. Chapter 456) ICE CREAM MANUFACTURERS ICE CREAM PARLORS ICE CREAM WAGON OR TRUCK, each 100.00 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INSTALLERS, CARPETS XI.21 INSURANCE ADJUSTERS INSURANCE AGENCY For each company represented INSURANCE AGENTS AND SOLICITORS INSURANCE Baggage, each company represented INSURANCE Casualty, life,hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (See EXPORT) INTERIOR DECORATOR INVALID AND HOSPITAL SUPPLIES JEWELRY Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required) JEWELRY REPAIR JEWELRY STORE (See MERCHANTS) JUNK SHOPS OR DEALERS License required whether or not sale or purchase or both, or solicitations are made KENNELS, ANIMAL (approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS) KNIFE, SCISSORS AND TOOL SHARPENER LANDSCAPE COMPANY XI.22 LAUNDRY OR DRY CLEANING PLANT Agent for out of town laundries Local agency, permanet office Self-service LAWN MAINTENANCE LAWN SPRAYING State Board of Health certificate LINEN OR DIAPER SERVICE LOAN, FINANCE, MORTGAGE COMPANY LUMBER DEALERS LUNCH STANDS, not over 25 chairs MACHINE SHOPS (not automobile) MAIL ORDER BUSINESS MAINTENANCE Floor, home, office, building MANICURIST, each 60.00 MANUFACTURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE, each 60.00 MEATS (See BUTCHER SHOP) MERCHANDISE, Secondhand (See SECONDHAND DEALERS) MERCHANTS, DRUGGISTS AND STOREKEEPERS MESSENGER SERVICE (exclusive of telegrams) XI.23 MIMEOGRAPH AND LETYER SHOP MONUMENTS AND TOMB STONES MOTION PICTURE THEATERS Giving performances of moving pictures or other forms of entertainment MOVERS (See STORAGE) MOVING COMPANY MUSICAL DEVICES Operator of mechanically-operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine. MUSICAL DEVICES, Distributor MUSIC TEACHERS NAILS, ACRYLIC SHOPS (state certificate) NEWSPAPER PUBLISHER NEWS COMPANIES Owners or managers of NEWSSTANDS Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold NIGHT CLUBS Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests NOVELTY WORKS (See MANUFACTURER) NURSERY Shrubs, trees, plants or landscaping NURSING HOME (See CONVALESCENT HOME) XI.24 OFFICE MACHINE REPAIRS (See REPAIR SHOP) OIL (See GASOLINE) PAINT MANUFACTURER (See MANUFACTURER) PARCEL DELIVERY, each vehicle 60.00 PAWNBROKERS PEDDLERS OF MERCHANDISE (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 20.00 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person 20.00 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle 125.00 (This provision in respect to product shall not apply to persons selling products of own farm). (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in city providing however that this provision does not apply to wholesalers dealing exclusively with retailers 125.00 (5) Traveling stores, dry goods, groceries, clothing, boots and shoes 125.00 PET SHOP OR GROOMING (See DOG AND PET GROOMING) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIAN© TUNERS PICTURE AGENTS PLATING WITH METALS XI.25 PORTABLE TOILETS POSTCARD STANDS, only POTATO CHIPS (See MANUFACTURER) PRINT SHOP OR PUBLISHING PRIVATE POSTAL MAILBOX PRIVATE SCHOOLS (See SCHOOLS) PROFESSIONAL (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this city, is required to take out a professional license: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Interior Design Engineers, civil, consulting Opticians Optometrists Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified XI.26 (2) For each person operating with the person licensed in the preceding clause, other than the professional employees PROPERTY MANAGEMENT PROMOTERS Entertainment, sports or contests PUBLIC HALL FOR HIRE PUBLIC STENOGRAPHER PUBLISHING COMPANY (Books, directories and the like) RADIO COMMUNICATIONS RADIO REPAIR SHOP (See REPAIR SHOPS) RAILROAD COMPANIES, each REAL ESTATE AGENCY OR BROKER RECORDING STUDIO REDUCING SALON RENTAL EQUIPMENT, all types REPAIR SHOPS, each REPAIRS FROM TRUCK OR OTHER VEHICLE RESTAURANTS (If dancing permitted, see NIGHT CLUBS) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) RETIREMENT, REST HOME (See CONVALESCENT HOME) RINKS, bicycle, skating or other XI.27 ROOF TRUSSES (See MANUFACTURER) SAWMILL YARD SCHOOLS SECONDHAND DEALERS (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of fu'earms (See DEALERS IN SECONDHAND FIREARMS and SECONDHAND CLOTHING) (2) All secondhand dealers shah keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, namesand addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or close out sale, or as goods damaged by smoke, fu'e, water or otherwise, the person shah file an application with the Commission, which application shall be passed on by the Commission and a license tax be paid of SECRETARIAL SERVICE SEED STORES, wholesale and retail (See MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GALLERY SIGN PAINTERS Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS XI.28 SOLICITOR (See PEDDLERS OF MERCHANDISE) SPORTING GOODS (See MERCHANTS) STAMP OR OLD COIN DEALER STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TATTOO SALON TAX AGENCY (See PROFESSIONAL) TAXIDERMIST, or agents for In addition to other license TAXIS First vehicle 100.00 Each additional vehicle 50.00 TELEGRAPH COMPANIES TELEMARKETING TELEPHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) 60.00 (2) Special events, no more than once annually (if under three days), as approved by Commission (each license, not otherwise enumerated herein) no fee 311.29 (3) Special events, no more than once annually (in excess of three days), as approved by Commission (each license not otherwise enumerated herein) 60.00 TEMPORARY HOLIDAY/VENDORS 60.00 TERMITE CONTROL COMPANIES THEATRICAL DIRECTORS Who charge for services in directing local talent plays or performances, each performance THEATRICAL OR DRAMATIC GROUPS OR COMPANIES For profit, where performance is not given in local, licensed theater, each performance TOWEL, DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (See AUTOMOBILE) TRADE SCHOOLS TRADING STAMP COMPANIES TRAILER PARK TRAILER, TRUCK RENTAL TRAVEL BUREAUS TREE PRUNER (must have insurance) TRUCKS Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each (Does not apply to trucks owned by the city, state or county) U-DRIVE-IT CARS (See AUTOMOBILES) UNDERTAKERS, EMBALMERS AND FUNERAL DIRECTORS UNIFORM SUPPLY (See TOWEL, DIAPER, UNIFORM SUPPLY COMPANY) XI.30 UPHOLSTERER VENDING MACHINES (See AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, installation and associated services VULCANIZING Each place of business WATCH REPAIRING WATER, sold in bottles (See BOTTLING WORKS) WATER COMPANIES Persons operating same WATER SOFTENING SERVICE WEIGHT CLINIC WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES) WHEELCHAIR RENTAL (See INVALID) WINDOW CLEANING WINDOW TINTING WOOD YARD WRECKER SERVICE (See AUTOMOBILE) ('80 Code Sec. 15-11) (Ord. No. 50-80, passed 9/9/80; Am. Ord. No. 133-85, passed 12/17/85; Am. Ord. No. 9-86, passed 2/11/86; Am. Ord. No. 35-86, passed 6/10/86; Am. Ord. No. 37-93, passed 6/22/94) XI.31 Section 110.16 PRE-INSPECTION REQUIREMENT Any new occupational license requests will be required to have an on-site inspection in conjunction with the issuance of such license. This inspection will be conducted within 24 hours of the initial application request during a regular business workweek. The fee for the inspection is in addition to the license fee. The inspection fee is $25.00 and is payable at the time of application for the license. Section 110.99 PENALTY. The general penalty set forth in Section 10.99 shall be the penalty for violating this chapter. XI.32 MEMOR_~NDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ s J .CT: ASE DA ITE IO.8. - E ,TINS OF 11, 1995 ORDINANCE NO. 35-95 DATE: JULY 7, 1995 This is second reading and public hearing for Ordinance No. 35-95 which repeals Chapter 110, Occupational Licenses Generally, of the City Code of Ordinances, and enacts a new Chapter 110 providing for the adoption of recommendations put forth by the Occupational License Equity Study Commission. Florida Statutes provide municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure. The Commission appointed an Occupational License Equity Study Commission to review current classifications and rates and make recommendations on changes to ensure that the City's fees are equitable, reasonable and uniform. The Commission reviewed and endorsed the proposed changes at the March 14, 1995 workshop. In addition to the ordinance, I have attached the "Flat Fee Comparisons" sheet which shows total revenue to the City which would result with the fee set at various levels. At the March workshop, the Commission discussed setting the fee at a level which would generate some additional revenue, and appropriating this added revenue for economic development. The attached ordinance has the fee at $125, which would generate some $50,000 annually which could be so appropriated. At first reading on June 20, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance 35-95 on second and final reading. FLAT FEE COMPARISONS Consideration of the appropriate flat fee calculation should be based on the following information: 1. We are allowed to increase our occupational license fees to $601,384.30, which is 10% of the $546,713.00 FY 1993 revenue base. 2. In computing the percentage of increase or decrease of each proposed flat fee proposal, we have added the $54,002.00 estimated county rebate to our proposed base. 3. The revenue from the $100.00 flat fee will be 9.7% below the FY 1993 revenue base. · 4. The revenue from the $110.00 flat fee will be 2.2% below the FY 1993 revenue base. 5. The revenue from the $115.O0 flat fee will be 1.6% above the FY 1993 revenue base. 5. The revenue from the $120.00 flat fee will be 5.2% above the.FY 1993 revenue base. 6. The revenue from the $125.00 flat fee will be .9.3% above the FY 1993 revenue base. PROPOSED FLAT FEES $1oo.oo $11o.o0 $12o.oo ..$12S.oo FY 1993 ReVenue Base ~546,~13'$~-46,.7~3 $5'46,713 $546~13 $5~,7~3 Proposed Base 493,191 534,631 555.,951 576,711 597,791 -53,522 -12,082 +9,238 +29,998 +51,078 PERCENTAGE INCREASE OR DECREASE -9.78% -2.2% +1.6% +5.2% +9.34% Memorandum To: David Harden, City Manager From: Lula Butler, Director, Community Improvement~ Date: June 16, 1995 Subject: First Reading of Ordinance No. 35-95 Repealing Chapter 110 of the City Code of Ordinance, Enacting A New Chapter 110 Governing Occupational License ITEM BEFORE THE COMMISSION: First Reading of Ordinance No. 35-95 repealing Chapter 110, Occupational License Generally, enacting a new Chapter 110 which provides for the adoption of recommendations put forth by the Occupational License Equity Study Commission. BACKGROUND: Section 205.0535 of the Florida Statutes provided municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure based on criteria set forth in Senate Bill 364. To accomplish this task, the Commission was required to appoint an Occupational License Equity Study Commission. Their mission was to review current classifications and rates charged and make recommendations to the City Commission on changes that would ensure that our fees were equitable, reasonable and uniform. The Commission reviewed and endorsed these proposed changes at the workshop meeting of March 14. The revised ordinance is amended to include the changes proposed. They are as follows: (1) Amend the Occupational License Fee to a flat rate of $125.00 per business, except in specific cases where the allowable increase under F.S. Chapter 205 restricts the maximum increase allowed and provides for a lesser fee. (2) Deletes specific licensing classifications that have been determined to be obsolete or can be accommodated under another classification. (3) Adds new classifications relative to current business needs and trends. (4) Adds a new subsection implementing a new license pre-inspection requirement. Occupational License June 16, 1995 Page 2 RECOMMENDATION: Staff is recommending approval on first reading of Ordinance No. 35-95 repealing Chapter 110, Governing Occupational License Generally, enacting a new chapter, providing for the required public hearing at the next regular City Commission Meeting. LB:DQ Attachment A:OLChgs. LB MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # /~'~ - MEETING OF JUNE 20, 1995 ORDINANCE NO. 35-95 DATE: JUNE 16, 1995 This is first reading of Ordinance No. 35-95 which repeals Chapter 110, Occupational License Generally, of the City Code of Ordinances, and enacts a new Chapter 110 providing for the adoption of recommendations put forth by the Occupational License Equity Study Commission. Florida statutes provide municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure. The Commission appointed an Occupational License Equity Study Commission to review current classifications and rates and make recommendations on changes that would ensure that the City's fees were equitable, reasonable and uniform. The Commission reviewed and endorsed the proposed changes at the March 14, 1995 workshop. In addition to the ordinance, I have attached the "Flat Fee Comparisons" sheet which shows total revenue to the City which would result with the fee set at various levels. At the March workshop, the Commission discussed setting the fee at a level which would generate some additional revenue, and appropriating this added revenue for economic development. The attached ordinance has the fee at $125, which would generate some $50,000 annually which could be so appropriated. Recommend approval of Ordinance 35-95 on first reading. If passed, public hearing on July 11, 1995. FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: OCCUPATIONAL LICENSE TAX EQUITY STUDY COMMISSION REPORT DATE: MARCH 7, 1995 ITEM BEFORE THE COMMISSION: Consideration of the final report and recommendations of the Occupational License Tax Equity Study Commission, pursuant to the 1993 Florida Legislative amendments to Chapter 205, Florida Statutes. BACKGROUND: Section 205.0535 of the Florida Statutes provided municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure based on criteria set forth in Senate Bill 364. The overall mission of the Equity Study Commission was to review current classifications and rates charged and make recommendations to the City Commission on such changes to ensure both are equitable, reasonable and uniform. The revised occupational license ordinance must be adopted by October 1, 1995. The Commission may increase occupational license fees by 5% annually, after the adopted of the new ordinance. RECOMMENDATION: Staff is recommending City Commission review and consider the recommendations made by staff to draft a Ordinance incorporating approved changes. LB: DQ At t a chment s 0LRepor t. CC / ~