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Home My WebLink AboutCity of Tamarac Ordinance O-1993-0351 2 3 CI 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 331 34 35 Temp. Ord. # 1669 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-93- -J�Z AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 12, "LICENSE AND BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC, FLORIDA, BY AMENDING ARTICLE II, "OCCUPATIONAL LICENSES", BY AMENDING SECTION 12-37, PENALTIES FOR LATE PAYMENT OF FEES", TO PROVIDE FOR CIVIL ACTION AND PENALTIES: AMENDING SECTION 12--41, "EXPIRATION; TERM; PRORATION OF FEE", TO PRO- VIDE THAT ALL LICENSES SHALL EXPIRE ON SEP- TEMBER 30 EXCEPT AS OTHERWISE PROVIDED AND SHALL BE VALID FOR ONE (1) YEAR; AMENDING SECTION 12-42, "TRANSFER OF LICENSES GENER- ALLY", TO PROVIDE FOR MODIFIED TRANSFER REQUIREMENTS; AMENDING SECTION 12-50, "MACHINES OR INSTRUMENTS --DISTRIBUTOR'S LICENSE PREREQUISITE" BY CHANGING THE TITLE TO "MACHINES OR INSTRUMENTS --RESPONSIBILITY OF USER TO SECURE LICENSE AS PREREQUISITE BEFORE OPERATION" BY MODIFYING LICENSING REQUIREMENTS; AMENDING SECTION 12-51, "SAME ---RESPONSIBILITY OF USER; OPERATION BEFORE PAYMENT OF TAXES", REPEALING SECTION 12-51; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Legislature amended Section 205.053, F.S., in 1993 to provide 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, 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, upon payment of a transfer fee of up to 10 percent of the annual license tax, but not less than $3 nor more than $25; and WHEREAS, 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, Section 205.0537 places responsibility for paying the tax and securing the required licenses to the business where the vending and amusement machine is located; and CODING: WORDS IN TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORED -TYPE ARE ADDITIONS. me Temp. Ord. # 1669 1 2 3 WHEREAS, the City Council of the City of Tamarac desires 4 to conform its occupational license ordinance with Chapter 5 205, Florida Statutes. 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 8 THE CITY OF TAMARAC, FLORIDA: 9 10 SECTION 1: Chapter 12 Article II, Occupational Li- ll censes", Section 12-37, "Penalties for late payment of fees", 12 is hereby amended as follows: 13 Sec. 12--37. Penalties for late payment of fees. 14 (a) Those licenses not renewed by October 1 shall 15 be considered delinquent and subject to a 16 delinquency penalty of ten (10) percent for the 17 month of October, plus an additional five -percent 18 penalty for each month of delinquency thereafter 19 until paid. However, the total delinquency penalty 20 shall not exceed twenty-five (25) percent of the 21 occupational license fee for the delinquent 22 establishment. 23 (b) The penalties hereby imposed shall be 24 collected in addition to the amount of the licensee 25 tax, and the payment of such penalties shall not be 26 pleaded as a bar to any proceeding charging the 27 offense of doing business without a license under 28 this chapter. 29 (c) Any person engaging in or managing any 30 business, occupation or profession without first 31 obtaining a local occupational license, if required 32 hereunder, shall be subject to a penalty of twenty 33 five (25) percent of the license determined to be 34 due, in addition to any other penalty provided by 35 law or ordinance. CODING: WORDS STRUCK THRGUGH TYPE ARE DELETIONS FROM EXISTING LAW: WORDS IN UNDERSCORED TYPE ARE ADDITIONS. -2- 1 Temp. Ord. # 1669 2 3 4 person who engages in any business, occu ation, or Rrofession 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 2enalties, including court costs, reasonable attorney fees, additional administrative costs incurred as a result of collection efforts, and a 2enalty of up to $250.00. Section 2: Chapter 12 Article II, "Occupational Licenses," Section 12-41 "Expiration; term; proration of fee," of the City Code of Ordinances is hereby amended as follows: Sec. 12-41. Expiration; term; proration of fee (a) Licenses shall expire on September 30 of each year. except as otherwise provided in this chanter. (b) No license shall be valid ±Qsaed for more than one year. For each license obtained between October 1 and March 31, the full tax for one (1) year shall be paid, except as provided in this article. The license fee for businesses, occupa- tions or professions opening or starting in April, unless otherwise specified in this article, shall be seventy (75) percent of the annual fee and the fee shall be reduced by five (5) percent of the annual fee per month thereafter until the close of the fiscal year on September 30. c All Licenses shall be available for sale be2inning on August 1st of each year. CODING: WORDS m-H-R- v TYPE ARE DELETIONS FROM EXISTING LAW: WORDS IN UNDERSCORED TYPE ARE ADDITIONS. M15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 171 181 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Temp. Ord. # 1669 Section 3: Chapter 12, Article II, "Occupational Licenses," Section 12-42 "Transfer of license generally," of the City Code of Ordinances is hereby amended as follows: Sec. 12-42. Transfer of license generally. (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 10 percent of the annual license tax, but not less than $3.00 nor more than $25.00. r o ( ) _ permitted by Florida Statutes, all As ermi ,,..._., -.. business licensesmay 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 ood for any longer time or period than from which it was originally issued. CODING: WORDS TYPE ARE DELETIONS FROM EXISTING LAW: WORDS IN UNDERSCORED TYPE ARE ADDITIONS. -4- 1 Temp. Ord. # 1669 2 3 4 5 The original license shall be surrendered to and 6 with the Occupational License Division of the 7 COMMunitX Development De artment at the time a application for transfer is made, and the trans- 9 ferred license shall be of the same force and 10 effect as the original license. Both parties 11 involved shall be in agreement with the transfer of 12 the license and shall sign a transfer application. 13 At the time any license is transferred, the person 14 a2PlYing for the transfer shall 2ay a fee of up to 15 10 Percent -of the annual license tax, but not less 16 than $3.00 nor more than $25.00. 17 19 20 21 Gig the per -son ro 22 23 _shall b-8 signed by the 24 if th 25 26 27 28 J'F29 Sale must be produQaf;- h=frnr_e 30 31 32produced__ before the 21.1pe-Azisor 33 licenses 34 35 CODING: WORDS TYPE ARE DELETIONS FROM EXTgTTNG .LAW: WORDS IN UNDERSCORED TYPE ARE ADDITIONS. -5- Temp. Ord. # 1669 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 4: Chapter 12, Article II, "Occupational Licenses", Section 12-50, "Machines or instruments --Distrib- utor's license prerequisite" is amended as follows: Sec. 12-50. Machines or instruments --- Distributor's license prerequisite Responsibility of user to secure license as prerequisite before operation. (a) Whenever a license tax is required to be paid upon any machine or instrument by this chapter the liability for paying the tax and securing the reguired licenses is the responsibility of the business where the machine is located. a„ri---n-� r■ipr+nsis m•��-Y=-��.Yrt•��ut=l•��N��C Mfteh+r11--.The person or business that owns the machine s may be required to_pay the tax and secure the license(s) if the business where the machine(s) are located fails to do so. CODING: WORDS -9-'-R-UG-I-T-HR999 TYPE ARE DELETIONS FROM EXISTING LAW: WORDS IN UNDERSCORED TYPE ARE ADDITIONS. Q� 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 301 31 32 33 34 35 Temp. Ord. # 1669 Any person acquiring -the use of any machine or instrument for which a license tax is required shall be res onsible that a license has been secured before such machine is operated in their place of business. (c) The license fee for such machines shall be based on the greatest number of machines located on the business premiseonany single day_during the prior licensing year or in case of new businesses, be based on an estimate of the current year. Replacement of one vending machine with another machine during the licensing year shall not affect the total number of machines for tax assessment Purposes, unless the re lacement machine belongs to an occupational license classification which requires a different tax rate. Section 5: Chapter 12, Article II, "Occupational licenses", Section 12-51, (a) and (b), "Same --Responsibility of user; operation before payment of taxes" of the City of Tamarac Code of Ordinances is hereby repealed in their entirety. AFS�eL . • m .. _ r — — .. - -. be antawfut to operan ally suall machine in CODING: WORDS IN STRUGIN THROUGH TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORED TYPE ARE ADDITIONS. -7- Temp. Ord. # 1669 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 191 20I 21' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 8: 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 provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Section 9: This Ordinance shall become effective immediately upon its passage and adoption. PASSED FIRST READING this �ay of'? 1993. PASSED SECOND READING this ,,Z?,. day of , 1993. /Z Xz e_x—e�� A.1 ENDER MAYO ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this OrZt1i an-e as to/form. i 7� U MITCHELL S.JK FT �"CITY ATTORNE RECORD OF COUNCIL VOTE MAYOR SENDER DIST 1: V M KATZ CHPI2REVISIONS/JY DIST. 2: C/ M SCHUMANN DIST. 3:, C / M SCHREIP-E. i DIST. 4: C, / I A ABRAMOWIT? 12�4L CODING: WORDS IN �TDi�e+-ssvvsXURGUGH TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORED TYPE ARE ADDITIONS.