Fort Walton Beach Ordinance — 1679--Amend Occupational License Provision — reading text

deaners . . . 172. 00 Afsr-inas . . . 231. 00 Afe:rehsnts - Fee based ea Bt:Imber af empleyees as follews: a) 1 5 employees. . . 56. 00 b) 6 2G empleyees . . . 115. 0G e) 21 er more empleyees . . . 2G I. GO d) SUIldry sales at nOBffierehMt busmesses . . . 15. 00 e) ~ 1erehaBts ItineraBt, ~ er ':: eek . . . 2g. 00 A/ Bier vehieJes and ether RV f: Jetwit- ies a) ~ AA-1: lto dealers, fraaehised . . . 3g6. 00 NeaHM(I,hised. . 259.00 EaColR separate leeatien . . . 172. 00 b) Beat dealeR), franehised. . . 259. 00 Neafraaehised . . . 172. 00 I) Trailer dealers. . . 386.00 O 18 f.. PrefofJSiBnsls y persoa eagaged iB MY BasiBess eeeupatian er ~refessioo r-efluired Prefessieaal" shall mean a& ta m.aintaiH aR active aad valid State of Flerida, Department of BusiBess R-egal tien, regalatory lie ease, permit or eertificate. . . . 172. 00 RenUll units IBemde, Bat not limited te, hetels, metels, mater eeurt apartmeRts, reeming houses, trailers or mobile hemes, trailer lots, eeftvaleseeat homes, hespitals, \ yarooease sterage, er parking lots. a) ~ partmellt houses, Hf)to faar 1:1Bits . . . A.. 56. 00 Eaeh Uflit thereafter, Hf)to tea . . . 10. 00 b) Metals/metels, first 100 reems . . . 172. 00 Seeood 1 GO r-eom. s, eaeh HBit . . . 3. 00 Next H)O roem.s, each 1:1Bit . . . 2. 00 Next 20 reams, eaeh 1:1Bit . . . 1.00 Cigar and newsstands. . . 33. 00 e ) '. ith mmimum fee . . . 6. 00 If arooease sterage per 1, OGG sq. ft. ',~/ inimum. fee . . . 115. 00 Cd) Trailer parks. . . 56. 00 Ia additien, for eaeh trailer spaee . . . 2. 00 Rcsta:1H'ants f.: BY business ~ repariBg food fer eoas1:llBf)tioa aad rel1Hired te have a state restaaraat lieease shall also be re(;}' Hired to seeare a restaw-ant eecupatienal Heanse, in additiea to any ether oeeupational lieense re(;}' Hired BY this Cede. a) 10\ mge, fIrst IGO seats. . . 115. GO R-esta raRt/ b) Seats greater t- haa 100, each. . . 1. 00 IB additioa: l) Carb serviee . . . 115. 00 2) Y, per v:iBde\ y . . . 56. GO Drive ap wiBde~, 3) lmmge oa premises. . . 115. 00 hools To iBelude BarberIBeauty soooels, BUfsery, daRee, musie, driving, Business eelleges, ate. . . . 56. 00 Sen';ees Toni L.Craig Page 6 1118/ 2005  To iBelude, But Ret limited te: Coosaltants Medieal eURies eT eenters uto repair shops Wr-eek. er serviees Bakeries Faneral hemes A.mbulanee serviees IJeats er aut0IRooiles for hife Building supplies BendiBg eompaaies . . . 115. 00 Twdcaas, per vehicle. . . 56. 00 ill be plaeed in a eategel)'ef aearest similarity. lB the eveRt 1iy basiBess net speeifieally listed '.~: that ae eategery ef similarity GaB be determined, then a eategery '. vill be established for the busiBess aad be charged a fee . . . 231. 00 Ord. No. 1291, ~ 20, 9 27 95; Ord. Ne. 129g, ~ 2, 3 2()96; Ord. No. 1332, ~ 2, 7 1 97; Ord. Ne. 1351, ~ 2, 9 g 9g; Ord. Ne. 13g3, ~ 2, 7 27 99; Ord. Ne. 1442~'\ A, ~2( APP. ..\), 6 12 ( 1) Sees. 2299 22 120. R-eserved. SECTION 3. ADOPTION OF A NEW CHAPTER ENTITLED OCCUPATIONAL LICENSES REQUIRED. A new chapter entitled Occupational Licenses Required is hereby adopted as follows. ScoDe Any person who maintains a permanent or temporary business location or branch office within the city~ for the privilege of transacting or engaging in or managing any business~ profession~ or occupation shall be required to apply for and obtain a business occupational license. Evidence of Business Activity Reauirine:License The fact that a person represents~ exhibits a sign~ or advertises that the person is engaged in a business~ callin~~profession or occupation~ for which an occupational license is required~ shall be evidence of the liability of such person to obtain a license. SeDarate License ReQuired for Each Person. Each Business A separate license is required for each person engaged in each Drofession~ trade~ shop or business~ whether or not such businesses are co- Iocated~ connected~ or operated in coni unction with any other business requiring a license. CorDorate Officers' Liabilitv It is the responsibility of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article. ADDlication Process New applicants shall apply for the business occupational license at least 24 hours prior to opening the business. Such application shall be on a form and by procedures prescribed by the City Mana~er and finance director. Toni L.Craig Page 7 11/8/ 2005 New Location A business shall not transfer to a newlocation under a current license without fust obtaining~in writing~from the building officiat a verification of correct zoning for such business at the proposed new location~and paying the appropriate full fee for such business. Hazardous Materials Each applicant shall identify ~to include quantities~ any and all hazardous waste or materials used~ stored~ generated or disposed of by the business~ profession or occupation. In addition~the applicant shall describe the handling and disposal of such materials. Denial of License The city may deny any application to a business that uses~ stores~ generates~ or disposes of hazardous materials to conserve and protect soils~minerals and vegetation within the city. Fee Schedule A fee classification and rate schedule for all business occupational licenses shall be established~ and amended from time to time~by resolution of the city council. Expiration of Licenses Business occupational licenses shall expire on September 30 of each year. No license shall be issued for more than one year. For each license obtained for licensing between October 1 and April 1 ~ the full fee for one year shall be paid~ except as otherwise provided in this article~ and for each license obtained licensing from April 1 to June 30~ one- half the full fee for one year shall be {>aid~ except as otherwise provided in this article. For each license obtained from July 1 to September 30~ one- quarter of the full fee for one year shall be paid~ except as otherwise provided in this article. Fee Basis In all cases where the amount required to be paid for an occupational license depends upon the amount of capital invested or the value of goods~ stock or property used in the business~ it shall be the duty of the person applying for such license to render to the city manager or his authorized representative a sworn statement of the amount of such capital or the value of such stock~ goods or other property. Further. as a condition for the issuance of any such license~ the applicant shall also submit proo[ including insurance carried~ for inspection and examination by the city manager or his authorized representative~ either before or after the license is issued~ of the amount of capital invested or the value of the stock~ goods~ wares~ merchandise or other property carried or used in such business~ such proof to consist of inventories last taken or stock books. Fee Rebate No portion of any occupational license fee assessed under this article shall be rebated unless it clearly appears that such license fee was collected by mistake or error. Before making Toni L.Craig Page 8 11/8/ 2005 such a rebate to a licensee~ all amounts payable under a proper license shall be paid by such licensee. Specially Classified Fees Any person engaged in selling goods~ wares and merchandise~ who or which is specially classified under this article~ shall pay the specially classified occupational license fee and not the merchants' occupational license fee~ but a person engaged in a business that is not specially licensed under this article shall pay the merchants' occupational license fee. Limitations of Payment of Fees The payment of a license fee under this article shall not authorize or legalize in any the county ~the state manner whatsoever the commission of any offense or crime against the city ~ or the United States. Delinquent Fee Chare:e All occupational licenses shall be sold beginning August 1 of each year~ shall be due and payable on October 1 of each year and expire on September 30 of the succeeding Year. Those licenses not renewed by October 1 shall be considered delinquent and subiect to a delinquency penalty of ten percent for the month of October~ plus an additional five percent penalty for each month of delinquency thereafter until paid. However~ the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. Any person engaging in or managing any business~ occupation or profession without first obtaining a local occupationallicense~ if required under this article~ shall be subject to a penalty of 25 percent of the license fee determined to be due~ in addition to any other penalty provided by law or ordinance. Any person who engages in any business~ occupation~ or profession covered by this article~ 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 pena1ties~ including court costs~ reasonable attorney' s fees. additional administrative costs incurred as a result of collection efforts. Exhibition. Display of Licenses Every person having an occupational license or registration certificate shall exhibit it when called upon to do so by an authorized officer of the citv~ and all licenses must be conspicuously displayed at all times. Postine:of Licenses Every person exercising the privilege or conducting a business~ occupation or profession for which an occuvationallicense is