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Home My WebLink AboutCity of Tamarac Ordinance O-2007-006Temp. Ord. #2130 January 30, 2007 Page 1 of 3 CITY OF TAMARAC ORDINANCE NO. O-2007-0( AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING THE CITY CODE OF ORDINANCES TO REPLACE THE TERM "OCCUPATIONAL LICENSE TAX" OR "OCCUPATIONAL LICENSE" WITH "LOCAL BUSINESS TAX" OR "LOCAL BUSINESS LICENSE"; SPECIFICALLY AMENDING SECTIONS 12-26(B), 12-47 AND 12-48 TO REFERENCE "LOCAL BUSINESS TAX RECEIPTS;" PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the 2006 State of Florida legislature enacted Chapter 2006-152, Laws of Florida, which provides for the change of the term "Occupational License Tax" to "Local Business Tax"; and WHEREAS, it has determined that, in order to be consistent with State Statutes it is necessary to revise the City's Code of Ordinances in order to change the term "Occupational License Tax" or "Occupational License" to "Local Business Tax" or "Local Business License," and to refer to the document received by businesses as a "Local Business Tax Receipt." WHEREAS, the Director of Community Development recommends amending sections 12-26 (B), 12-47 and 12-48 to replace the term "Occupational License Tax" or "Occupational License" with "Local Business Tax" or "Local Business License"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to replace the term "Occupational License Tax" or "Occupational License" with "Local Business Tax" or "Local Business License"; specifically amending sections 12-26 (B), 12-47, and 12-48. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF TAMARAC: Section 1. The foregoing "Whereas" clause is hereby ratified and confirmed as being true and correct and is incorporated herein by this reference. Section 2. Except for specific amendments set forth hereinafter for Sections 12-26(b), 12-47 and 12-48, the City of Tamarac Ordinances is hereby amended to provide that all references to the term "Occupational License Tax" or "Occupational License" in the City's Code of Ordinances shall be replaced with "Local Business Tax" or "Local Business License." Temp. Ord. #2130 January 30, 2007 Page 2 of 3 Section 3. Chapter 12, entitled "Licenses and Business Regulations," Article II, entitled "Occupational Licenses," Sections 12-26(b), 12-47 and 12-48, shall be specifically amended to read as follows: Sec. 12-26. Required; exceptions. (b) Any person who maintains a permanent business location outside of the municipal business boundaries and who does not maintain a permanent location or branch office within the city shall not be required to have a city local business eeeupatieal license. Such person shall be required to present evidence of his being licensed elsewhere by furnishing a copy of his local business tax receipt for such other location or by affidavit. Sec. 12-47. Display --Generally. Every person having a local business license shall exhibit the local business tax receipt s eh heense when called upon to do so by an authorized officer of the city, and all local business tax receipts tieeese must be conspicuously displayed at all times. Sec.12-48. Same --Posting in place of business. It shall be the duty of any person exercising the privilege of conducting a business, occupation or profession for which a local business license is required to post his local business tax receipt lieense in a conspicuous place in or about his place of business where it may be seen upon inspection by any city official. For failure to do so he shall, upon conviction, be deemed guilty of a misdemeanor. Section 4. The City Clerk is directed to forward a copy of this Ordinance to the publisher of the City of Tamarac Code of Ordinances and to instruct the publisher to change every reference within the Charter and Code of Ordinances from "Occupational License Tax" or "Occupational License" to "Local Business Tax" or "Local Business License," and to amend Chapter 12, entitled "Licenses and Business Regulations," Article li, entitled "Occupational Licenses," Sections 12-26(b), 12-47 and 12-48 as provided herein. Section 5. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Tamarac in conflict with any provisions of this ordinance are hereby repealed. CODING: Words in strael(thre type are deletion from existing law; words in underlined type are additions UALegislation\2007 Draft LegislationTeb. 14\2130- Occupational License.doc Temp. Ord. #2130 January 30, 2007 Page 3 of 3 Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this DAY OF , 2007. 611, PASSED, SECOND READING this DAY OF Febry " , 2007. ATTEST:. MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SAMUEL GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: WM PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2"" Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER AA P CODING: Words in stFuekthmugh type are deletion from existing law; words in underlined type are additions U:\Legislation\2007 Draft LegislationTeb. 14\2130- Occupational License.doc