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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1993-0121 x 3 4 ns it 17 Temp. Ord. #1650 Rev. 1 5/24/93 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-93- 1 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AMENDING ORDINANCE NO. 0- 93-9, AMENDING CHAPTER 12 OF THE TAMARAC CITY CODE ENTITLED "LICENSES AND BUSINESS REGULATIONS", ARTICLE XIV ENTITLED "TEMPORARY SALES", SECTION 12-334 ENTITLED "TEMPORARY HOLIDAY SALES, VENDORS REGULATED", CHANGING THE PERMIT FEE FROM FIVE HUNDRED DOLLARS ($500.00) TO TWO HUNDRED FIFTY DOLLARS ($250.00) ELIMINATING THE PERFORMANCE BOND REQUIREMENT; REQUIRING APPLICATIONS TO BE FILED WITH THE OCCUPATIONAL LICENSING SECTION; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE BI 9 WHEREAS, the City Council of the City of Tamarac deems it to 0 be in the best interest of the citizens and residents of the City of I Tamarac to reduce the permit fee and to eliminate the performance 2 bond requirements related to temporary holiday stands. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE Cl' 4 OF TAMARAC, FLORIDA: s ,SECTION 1: The foregoing Whereas clause is hereby ratified a 6 confirmed as being true and correct and is hereby made a specific part 7 this Ordinance upon adoption hereof. a SECTION 2: Ordinance No. 0-93-9 is amended as follows: 9 o Article XIV "Temporary Sales. 1 Sec. 12-334: Temporary holiday sales, vendors regulated. �rl It shall be unlawful in the City of Tamarac, Florida, for any person, firm, corporation, business or enterprise to sell, dispense, offer for sale, or distribute any item or items from other than within an enclosed building except as permitted in commercial zoning districts and as follows: 1 CODING: Words in strueE—tkr'eegk type are deletions from existing law; Words in undgr5cored type are additions. 2 1 2 3 4 5 9 30 31 32 13 24I 15 i6 17 38 39 2 23 22 23 24 25 26 27 28 29 30 31 3 CODING: Temp. Ord. #1650 Rev. 1 �/24/93 (A) A license for the sale of retail 'merchandise out-of-doors will be issued only for items sold in connection with the following holidays: (1) Independence Day for sparklers (July 4). (2) Halloween for pumpkins and related items such as, but not limited to, Indian corn and gourds (October 31); and (3) Christmas for related items such stands, bags, bows 25). Christmas trees and as, but riot limited to, and wreaths (December (B) Any license issued for sales permitted under this section shall be valid only for a temporary period of time, after having obtained a permit from the City and paying a permit fee of Pave--kluf • r $250.0Qj and complying with the following minimum requirements: 1. A maximum of ten (10) days preceding the Fourth of July. 2. A maximum of thirty (30) days preceding Halloween. 3. From Thanksgiving Day through December 26th. (C) Prior to the receipt of a license an applicant shall comply with all of the following: film M. Words :u u� type are deletions from existing law; Words in _unftrLq, red type are additions. Temp. Ord. #1650 Rev. 1 5/24/93 3 30 31 3 3 34 35 CODING: �nr -11W - jn . • r - •3 - - • . w 2:1, The applicant for a license allowing temporary holiday sales shall provide the City with an indemnification agreement holding the City harmless for all activities of the applicant and shall submit proof of public liability insurance in a coverage amount of no less than Five Hundred Thousand Dollars ($500,000.00), at each sales location which names the city of Tamarac as a named insured and is issued by an insurance company authorized by the Florida Department of Insurance to do business in the State of Florida. The policy must be approved by the City of Tamarac, Risk Management Division; and &2,. A written, sworn application, signed by the applicant, shall be filed with the -G-ity k i at least thirty (30) days prior to the commencement of the appropriate holiday period, as provided in subsection (b), showing: (a) The name or names of the person or persons responsible for the management or supervision of the applicant's business during the time Worts in thfo rgk type are deletions from existing law; Wortlst lnderscored type are additions. 4 3 2 3 4 g 1D 11 12 13 14 35 16 17 18 19 2 22 22 23 24 25 26 27 28 29 30 31 3 3 341 35 Temp. Ord. #1650 Rev. 1 5/24/93 that the activities will be conducted in the City of Tamarac; the local address of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated and the name and address of its registered resident agent in the State of Florida; and (b) The proposed place or places in the City of Tamarac where applicant's business will be conducted and length of time said business will be conducted; and (c) A statement of the nature, character and quality of the goods to be sold or offered for sale by the applicant in the City of Tamarac; and (d) Proof of a State of Florida sales tax number; and (e) For vendors of sparklers who are required to register with the Division of the State Fire Marshal of the Department of Insurance under Chapter 791, Florida Statutes, proof of a completed registration form. Proof of actual registration shall be submitted prior to issuance of the license; and (f) A written notarized statement from the owner of the property, or an authorized agent of the owner, authorizing the location of the temporary holiday sales vendor on the property; and (g) A sketch showing the exact location of the vendor. h CODING: Words iek thfaug type are deletions from existing law; Words in underscored type are additions. 5 3 2 3 s 6 9 134 135 Temp. Ord. #1650 Rev. 1 5/24/93 043,, The license issued under this Ordinance shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for said license shall desire to do business in more than one location within the City of Tamarac, separate licenses shall be issued for each location of business, and shall be posted conspicuously in each place of business. (D) No licensee shall be issued more than ten (10) licenses. For the Purpose of this subsection, licensees shall be deemed the same if any one principal in the legal entity under which the licensee is operating is identical, regardless of the structure of the legal entity. (E) - No license shall be transferred without written consent from the Director of Community Development of the City of Tamarac, as evidenced by an endorsement on the face of the license by the Director of Community Development showing to whom the license is transferred and the date of transfer. The transferee of a license shall meet and be subject to all requirements set forth herein for the original licensee. (F) No license for the sale of sparklers may be issued unless such items may be lawfully sold under Chapter 791, Florida Statutes. (G) Locations for sales of merchandise licensed under this section are subject to the following restrictions: (1) Sparklers may only be sold at locations within a commercial zoning district. Such sales shall not be permitted to be made from areas located within fifty (50) feet from: (a) Any fuel storage facility of any kind; and (b) Any area required to provide parking in connection with a restaurant or lounge. (2) Christmas trees and sparklers may be sold only if each sales location has been approved by the Tamarac Fire Department. CODING: Words in stFaek througH type are deletions from existing law; Words in underscored type are additions. Gl 1 2 3 41 5 6 9 �_E 30 3] 3 3 34 35 Temp. Ord. #1650 Rev. 1 5/24/93 (3) Halloween and Christmas items may only be sold at locations lying within any commercial zoning district or from areas immediately adjacent and utilized in conjunction with the commercially zoned property, as well as from any property owned by a non-profit organization or institution. (4) A maximum of one four 4-foot by 8-foot sign for each location may be displayed in connection with such sales. (5) there shall be a minimum one thousand five hundred (1,500) feet between any two locations licensed under this section; however, retail stores with over twenty thousand (20,000) square feet of floor area are exempt from this requirement; nor shall a temporary holiday sales vendor be required to locate at least one thousand five hundred (1,500) feet from such an establishment. For purposes of determining which license application of two or more applications proposing sites within one thousand five hundred (1,500) feet of one another shall be approved, the date and time that each completed application is received by the City shall determine the priority, with the earliest completed application receiving the highest priority. For the purposes of this section, a site duly licensed for the previous year and which complied with all applicable regulations shall be considered to be the earliest completed application. (6) At any given location licensed under this section, there shall be a maximum of one temporary holiday sales vendor. (H) The sale of any merchandise by any holiday sales vendor as specified in this section without a license as provided in Chapter 12 of the Code of Ordinances of the City of Tamarac is unlawful. (1) Violation of this section shall be punishable as provided in Section 1-13, as currently enacted or as may be amended from time to time, or by any other means authorized by law. CODING Words in struek thfoug type are deletions from existing law; Words in underscored type are additions. 7 331 34 35 Temp. Ord. #1650 Rev. 1 5/24/93 SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION 4= All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person -or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions. of this Ordinance are declared to be severable. ,SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this o'Z,-'�"'day of (X014-Y , 1993.. PASSED, SECOND READING this qtO" day of 1993. BENDER - MAYOR ATTEST: OR CAROL A. EVANS CITY CLERK REC M OF COUN !L VOTE MAYOR , I HEREBY CERTIFY that I ©1ST 1: have approved this DIST.2: r M " INANCE aplo form. ©1ST. s: JQ M SC" A % / DIST. 4:__ LM AFIRAkA[AVITT i o MITCHELL-S. K CITY ATTORN jempHolSales. 1 650.Amd93-9.ms) CODING: Words in type are deletions from existing law; Words in unders-cored type are additions.