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08-68 ORDINANCE NO. 8-68. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND- ING SUBSECTIONS 24-7, 24-8, and 24-9, CHAPTER 24, CODE OF ORDINANCES OF SAID CITY RELATING TO TAX ON CIGARETTES; FIXING RATES; PROVIDING FOR COLLECTION AND USE OF PROCEEDS; AND OTHER- WISE PERTAINING TO THE LEVY OF SUCH TAX. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That subsections 24-7, 24-8, and 24-9, Chapter 24, Code of Ordinances of the City of Delray Beach, Florida, be and the same are hereby amended to read as follows: "SECTION 24-7 TAX IMPOSED An excise or privilege tax in addition to all other taxes of every kind imposed by law is hereby levied and imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes in the territorial limits of the city for cigarettes of standard dimensions as defined by the general law of the state in the following amounts: 1. (a) Upon all cigarettes, as herein defined, four inches long or less, five and one-half mills on each cigarette. (b) Upon all cigarettes, as herein defined, more than four inches long and not more than six inches long, eleven mills on each cigarette. (c) Upon all cigarettes, as herein defined, more than six inches long, twenty-two mills on each cigarette. 2. The description of cigarettes contained in subsection one of this section are hereby declared to be standard as to dimensions for taxing purposes as provided in this ordinance and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shall be taxed at the rate of one cent on each such cigarette. 3. ~'~ere cigarettes, as described in subsection 1. (a) above, are packed in varying quantities of twenty (20) cigarettes or less, the following rate shall govern: (a) Packages containing ten (10) cigarettes or less require a five and one-half cent (5½¢) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require an eleven cent (11¢) tax. Page 2. ORDINANCE NO. 8-68. 4. Where cigarettes, as described in subsection 1. (b) above, are packed in varying quantities of twen- ty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (10) cigarettes or less require an eleven cent (11¢) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a twenty-two cent (22¢) tax. 5. Where cigarettes, as described in subsection 1. (c) above, are packed in varying quantities of twen- ty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (10) cigarettes or less require a twenty-two (22¢) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a forty-four cent (44¢) tax. SECTION 24-8 COLLECTION The tax levied and imposed herein shall be col- lected by the Beverage Department of the state in the manner prescribed in Chapter 210, Florida Statutes. SECTION 24-9 USE OF FUNDS Ail funds received by the city by virtue of this ordinance shall be paid into a separate fund to be des- ignated 'cigarette tax fund' and shall be used and ex- pended only for the purposes specified in Section 210.03, Florida Statutes." Section 2. Ail ordinances in conflict herewith are repealed. Section 3. This ordinance shall take effect April 1, 1968. PASSED by the City Council of the City of Delray Beach, on this 25th day of March, 1968. MAYOR ATTEST: City Clerk DELRAY BEACH NEWS-JOURNAL Published Semi.Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION gI~ATE O~ FLORIDA who on oath says ~hat he/sM is ............ ~...~ ............................. o! The Delray Beach News-Journal, a semi-weekly newspaper published at~ Beach in ~ Bea~h County, Florida; ................ //// gffiant further sa~ that the said Delray Beach New~-,loumal i.~ a newspaper publt~ed at Delra¥ Beach, in said Palm Beach CountT, l*lo~ida, and that the said new~aper h~ heretofore been eonti~uously publkqhed .~n said Palm Beach County, ~lorida, each week. m~d ~ been entered as second ela~ mail matter at the post office in Delm¥ Beach. ha .~akl Palm Beach ~lorida, Io~ a period of one year next preceding the ~ publi~tion of the attached vertisement; and affiant further says that he has neither paid nor promised any tmrson, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this ..... ...................