49-93 ORDINANCE NO. 49-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS
REGULATIONS", CHAPTER 110, "OCCUPATIONAL LICENSES
GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.02,
"LICENSE REQUIRED", TO PROVIDE FOR LICENSES FOR
PERMANENT BUSINESSES OR BRANCH OFFICES; BY AMENDING
SECTION 110.03, "APPLICATION DATE; DATE LICENSE DUE AND
PAYABLE", TO PROVIDE FOR PAYMENT DATES; AMENDING
SECTION 110.04, "DURATION; EXPIRATION DATE", TO PROVIDE
FOR AN EXPIRATION DATE FOR EAC~ LICENSE; BY REPEALING
SECTION 110.07, "TRANSFER OF LICENSE", AND ENACTING A
NEW SECTION 110.07, "TRANSFER OF LICENSE", TO PROVIDE
FOR INCREASED FEES FOR LICENSE TRANSFERS; ADDING A NEW
SECTION 110.10(C) TO PROVIDE FOR CIVIL ACTION AND
PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE. ~
WHEREAS, the State Legislature enacted Section 205.065,
F.S., in 1992 to provide that occupational license tax may be levied
on any person who maintains a permanent business location or branch
office with the local municipality for any business, profession or
occupation; and
WHEREAS, said Section 205.053, F.S., provides that the local
municipality shall sell all licenses beginning on August 1st of each
year and the same will expire on September 30th of the succeeding
year; and
WHEREAS, said Section 205.043, F.S., provides that any
business license may be transferred to a new owner and location when
there is a bona fide sale of the business, said payment of a transfer
fee of up to ten percent (10%) of the annual license tax, but not less
than $3 nor more than $25; and
WHEREAS, said Section 205.053, F.S., provides for penalties,
including court costs, reasonable attorney fees, additional
administrative costs and a penalty of up to $250; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to conform its occupational license ordinance with
Chapter 205, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.02, "License
Required", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
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.
Section 2. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.03, "Application
Date; Date License Due and Payable", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
Application for any license shall be made on or
subsequent to ~fab~//I August 1 of each year, and
all licenses shall be deemed to be delinquent if not
paid on or before ~666~/I ~eptember 30 of each year.
In the event that ~6b~//I September 30 falls on a
weekend or a holiday, the tax shall be due and payable
on or before the first working day following ~~//1
September 30.
Section 3. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.04, "Duration;
Expiration Date", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
No license shall be ~~ valid for more than one
year and all licenses shall expire on ~6b~//I
September 30 of each year, except as otherwise provided
in this chapter.
Section 4. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.07, "Transfer of
License", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed in its entirety, and a new Section 110.07,
"Transfer of License", is hereby enacted to read as follows:
- 2 - Ord. No. 49-93
(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 up to ten percent
(10%) of the annual license tax, but not less than
$3.00 nor more than $25.00.
(B) As permitted by Florida Statutes, applicable
section of F.S.~ 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 oriqinal 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 up to ten percent (10%) of
the annual license tax, but not less than $3.00 nor
more than $25.00.
Section 5. That Title XI, "Business Regulations", Chapter
110, "Occupational Licenses Generally", Section 110.10, "Delinquent
Payment; Additional Penalties", of the Code of Ordinances of the. City
of Delray Beach, Florida, is hereby amended by adding a new subsection
(C) to read as follows:
(C) Any person who enqages 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 fees, additional administrative
costs incurred as a result of collection efforts, and a
penalty of up to $250.
Section 6. That all ordinances or parts of ordinances which
are in conflict herewith be, and the same are hereby repealed.
Section 7. 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.
- 3 - Ord. No. 49-93
Section 8. That this ordinance shall become effective ten
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of Augu~ , 1993.
ATTEST:
First Reading August 10, 1993
Second Reading August 24, 1993
- 4 - Ord. No. 49-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
0.RDINANCE NQ, 49-93
DATE: August 20, 1993
This is the second reading of an ordinance amending Chapter 110,
"Occupational License Generally", of the Code of Ordinances to bring
the City's code in compliance with Florida Statutes relative to the
Occupational License Tax Act.
The following items are included in the proposed amendment:
-Requires an occupational license for all permanent business
locations or branch offices operated within the City.
-Requires that applications for licenses be submitted prior to
August 1st of each year.
-Establishes a cut-off date of September 30th after which unpaid
license fees are considered delinquent.
-Establishes a expiration date of September 30th for all
licenses.
-Provides for the transfer of a license when there is a bona fide
sale of the business and establishes the fee for such
transaction.
The amendment also includes a civil action and penalties clause.
Further changes to the code are expected from the Occupational License
Equity Study Committee.
At the August 10th regular meeting, the Commission passed Ordinance
No. 49-93 on first reading by a 5-0 vote.
Recommend approval of Ordinance No. 49-93 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM,# I~ - MEETING OF AUGUST 10,
ORDINANCE NO. 49~93
DATE: August 6, 1993
This is the first reading of an ordinance amending Chapter 110,
"Occupational License Generally", of the Code of Ordinances to bring
the City's code in compliance with Florida Statutes relative to the
Occupational License Tax Act.
The following items are included in the proposed amendment:
-Requires an occupational license for all permanent business
locations or branch offices operated within the City.
-Requires that applications for licenses be submitted prior to
August l st of each year.
-Establishes a cut-off date of September 30th after which unpaid
license fees are considered delinquent.
-Establishes a expiration date of September 30th for all
licenses.
-Provides for the transfer of a license when there is a bona fide
sale of the business and establishes the fee for such
transaction.
The amendment also includes a civil action and penalties clause.
Further changes to the code are expected from the Occupational License
Equity Study Committee.
The City Attorney's office has reviewed this ordinance and their
recommendations have been incorporated herein.
Recommend approval of Ordinance No. 49-93 on first reading. If passed
public hearing August 24th.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: AMENDMENTS TO CODE OF ORDINANCE CHAPTER 110 "OCCUPATIONAL
LICENSES GENERALLY" PURSUANT TO CHANGES ADOPTED BY FLORIDA
LEGISLATURE UNDER SB 364
DATE: AUGUST 6, 1993
ITEM BEFORE THE COMMISSION:
First reading of Ordinance No. 49-93 amending Chapter 110 of the
City's Code of Ordinances pursuant to changes adopted under SB
364 governing Occupational Licenses.
BACKGROUND:
SB 364 adopted by the Florida Legislature in 1993 provides for
changes to F.S. Chapter 205, "Occupational License Tax Act." Some
of the changes were made effective immediately and affect the
1993/94 licensing year. Other changes are to be enacted by
Ordinance prior to October, 1995 based on recommendations from
the Occupation License Equity Study Committee that will be
appointed by the Commission at this regular meeting.
Staff is therefore proposing the amendments to specific sections
of Chapter 110 of the Code of Ordinances to be in compliance with
Chapter 205, F.S.
RECOMMENDATION:
Staff is recommending approval to the amendments to various
sections of Chapter 110, "Occupational License Generally," on
first reading and adoption of the same after the required public
hearing.
LB:DQ
B:OLamend.MEM/LCB
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FAX COVER SHEET
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THE EFFORT ALWAYS MATTERS
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
Ordinances at 7:00 P.M., (or at any continuation of such meeting
which is set by the Commission), on Tuesday, August 24, 1993, in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
at which time the City Commission will consider their adoption.
The proposed Ordinances may be inspected at the Office of the
City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, from 8:00 A.M. to 5:00 P.M., Monday through Friday,
except holidays. All interested parties are invited to attend
and be heard with respect to the proposed Ordinances.
ORDINANCE NO. 49-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING TITLE 11, "BUSINESS REGULATIONS", CHAPTER 110,
"OCCUPATIONAL LICENSES GENERALLY," OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.02,
"LICENSE REQUIRED," TO PROVIDE FOR LICENSES FOR PERMANENT
BUSINESSES OR BRANCH OFFICES; BY AMENDING SECTION 110.03,
"OCCUPATIONAL LICENSES, DATE LICENSE DUE AND PAYABLE," TO PROVIDE
FOR PAYMENT DATES; SECTION 110.04, "DURATION-EXPIRATION DATE," TO
PROVIDE FOR AN EXPIRATION DATE FOR EACH LICENSE; BY REPEALING
SECTION 110.07 "TRANSFER OF LICENSE," AND ENACTING A NEW SECTION
110.07 "TRANSFER OF LICENSE," TO PROVIDE FOR INCREASED FEES FOR
LICENSE TRANSFERS; ADDING A NEW SECTION 110.10 (C) TO PROVIDE FOR
CIVIL ACTION AND PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE AND AN EFFECTIVE DATE.
Please be advised that if a person or persons decides to appeal
any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, such person(s) will
need a record of these proceedings, and for this purpose such
person(s) may need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record. Pursuant to F.S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
August 13, 1993 Alison MacGregor Harty
City Clerk