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HomeMy WebLinkAboutCHAPTER #141CHAPTER NO. 141 AN ORDINANCE IMPOSING OCCUPATIONAL LICENSE TAXES; PROVIDING FOR THE PAYblENT T. HEREOF; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE PRO- VISIONS OF THIS ORDINANCE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION I. N~._person, firm or corporation shall engage in, carry on or manage any business, profession or occupation with- in %he corporate limits of the City of Sebastian, Florida, for which a license is required by this Chapter unless a city license therefor shall have been procured from the Tax Collector of the city. SECTION II. All licenses shall be due and payable on the 1st day of October of each year, and no license shall be issued for any fractional portion of a year; except, that any license may be issued after the 1st day of April to expire on the 30th day of the following September of any year, upon payment,of one-half the yearly license fee required to be paid by this Chapter, unless the issuance of such fractional license shall be specifically pro- hibited by the provisions of this Chapter or other ordinances of the city. SECTION III. TRANSFER OF LICENSES. All licenses may be transferred upon payment of $1.00, with the approval of the City Clerk, when there is a bona fide sale and transfer of the property used and employed in the business as stock in trade, but such transferred license shall not be good for any longer time, or for any other place, than that for which it was originally intended. Both the original licensee and person to whom transferred must file request in writing for such transfer. SECTION IV. SWORN STATEMENT - ¥~EN REQUIRED. When issuing a license based upon property valuations, capital stock, capacity, production or other contingency, the applicant must furnish under oath to the City Tax Collector a sworn sta{ement containing any and all pertinent information which applies to the question. The sworn statement, when and if required by the pre- ceding section, shall be attached to the copy of the license issued. SECTION V. Any person, firm or corporation that engages in or carries on or manages within the corporate limits of the city any business, profession or occupation for which a license shall be required under this Chapter without first obtaining said license shall be punished by a fine of not less than double the amount required for such license and not more than $500.00 or by imprisonment for not more than sixty days. Any person who shall make a false statement under Section IV of this Chapter shall be punished by a fine of not more than a fine of $500.00 or by im- prisonment of not more than sixty days or by both such fine and imprisonment in the discretion of the court trying the offender. SECTION VI. The payment of all occupational license taxes imposed by this ordinance may be enforced by seizure and sale of the property by the Tax Collector of the city and the Clerk of said city shall report to the ~ayor all persons, firms or corpora- tions doing business in said city who have not first obtained an occupational license tax as required by this Chapter. SECTION VII. Every license shall be furnished by the Clerk of said city to the Tax Collector, under the seal of the city, on blanks furnished by the City Council. The Tax Collector shall make a duplicate of all licenses issued in a book furnished by the City Council for that purpose and shall file such duplicate licenses with the City Clerk. The person, firm or corporation obtaining such original licenses shall keep the same for posting conspiciously at their place of business. SECTION VIII. The Tax Collector shall pay over all monies received for licenses under this ordinance to the City Treasurer, taking the City Treasurer's receipt therefor. All monies received by the City Treasurer from the City Tax Collector for licenses issued under this ordinance shall be deposited by him in the general treasury. SECTION IX. The Tax Collector of said city shall at a regular meeting of the City Council, present to the City Council a -2- written report of the names of all persons who have procured a special license tax. This report shall show the amount paid set opposite each name, the date this license was issued and the business or profession for which the same was issued. Such report shall be attested by the City Clerk and shall cover the calendar month preceding said meeting at which report is made. SECTION X. The President of the City Council shall furnish such license blanks as required, in book form, to the City ~ ..... ' Clerk, who shall give a receipt therefor stating the number of blanks so received. Such license book shall be submitted to the City Council for examination upon request. Any Tax Collector or City Clerk who shall fail to make return shall be removed from office and any Cib/ Tax Collector who shall fail to pay the amount received from the taxes into the City Treasury in compliance with the ordinance shall be subject to removal from office. SECTION XI. When the Tax Collector shall levy on any property to satisfy any license tax that may be due and owing to the city, he shall take said property into his possession and ad- vertise the same for sale and to pay such license tax together with all costs that may accrue from the levy and sale therefor. He shall give notice of such sale by posting such notice in the public places of the city, one of which notices shall be posted at the door of the Council chamber, The Tax Collector shall be entitled to $.50 for each levy made under this Section and shall be entitled to $.50 for advertising and $.50 for each sale made. SECTION XII. There is hereby levied a license tax on all persons, firms or corporations engaging in any business engaged in or carried on, either wholly or in part within the corporate limits of the city, in the amount of $15.00 except where a differ- ent amount is set out in this Chapter or other ordinances of. the ~ city, in which event the amount of the tax is as otherwise set out~ There is hereby levied a license tax on all persons, firms or corporations engaging in any profession or occupation hereinafter listed, either wholly or in part, within the corporate limits of the city, a license tax in an amount as set opposite such profession or occupation. -3- (1) ACCOUNTANTS - For each person engaging in the work (Bookkeepers regularly employed and under salary by private individuals or corporations are exempt from all~x under this Chapter.) $ 15.00 (2) ADDING MACHINES - Each agent for ADVERTISING - On streets with banners, floats, cartoogs, exhibitions or by any other means, where no vehicle is used and when not connected with permanent local business Where vehicle used, per vehicle (Non-profit organizations are exempt from this tax.; 5.00 10.00 10.001 (4) A~US EA~NT PARKS 100.0G (a) For each device, show, exhibition,or other form of diversion or amusement operated or maintained therein an additional 5.00: (Associations organized for the purpose of holding annual County Fairs are exempt from this tax.) (5) A~USEMENT PARLORS OR PENNY ARCADES 100.00 (6) (a) For each such device, as automatic slot machines, lung testers, striking machines, graphophones, phonographs, music boxes, weighing machines, chewing gum stands or other devices of similar character, an additional APARTMENT HOUSES 5.0G 5.00: (7) ASTROLOGISTS 250.00 AUCTION SHOPS , temporary, conducted only during the winter tourist season 150.00 (9) (Provided that nothing in this Section shall be construed to repeal C.hapter 6162, Laws of Florida, Acts of 1911) AUTOt~ATIC VENDING MACHINES OPERATED FOR PROFI'r ~"'/ ~ ~:~' ~' (a) Owner or operator ,:" ' ..... ' " 5.00 (b)-'~'For each machine "~ ' '~ (lo) (ll) (12) (13) AUTOMOBILE AGENCY, engaging in or soliciting the sale of automobiles, auto trucks, moto. rcycles and tractors AUTOMOBILE GARAGES - carrying stock and merchandise For keeping, storing, caring for, repairing and painting, including merchandise for~le, automobiles, trucks or other motor vehicles belonging to the public ;(a) Where gas and oil are sold at retail additional BARBER SHOPS - One chair and barber (a) For each additional barber over one BEAUTY PARLOR, SHOPS OR SALONS (a) For each operator over one 10.00 10.00 10.00 5.00 1.50 5.00 1.50 (14) BICYCLE REPAIR SHOPS, where no other license is (15) (16) required BILLIARD OR POOL TABLES KEPI FOR PUBLIC USE OR PROFIT (a) For the first table (b) For each additional table (No license shall be issued to a minor, This tax is in addition to all other license taxes.) BOARDING HOUSES Provided that widows owning property having an assessed value of $5,000.00 or less shall not be required to pay a license tax for conducting a boarding house. (17) BOAT BUILDERS (Budding boats under contract) (18)! BOATS FOR RENT OR HIRE ~ (a) For the first boat (b) For each additional boa (19) BO.DT BLACK STANDS (not connected with a licensed business) (a) One sea% (b) Each additional seat (20) BUSSES AND BUS COMPANIES, TRUCK AND TRUCKING COMPANIES ENGAGED IN THE TRANSPORTATION OF GOODS OR PEBSONS AS COMMON CARRIERS AND THEIR AGENTS (2l) CLAIRVOYANTS OR SPIRIT MEDIUMS GIVING SEANCES FOR PROFIT (22) COIN OPERATED ~ACHINE$ OTHER THAN AUTOICATIC VENDING MACHINES (a) Owner or operator (b) For each ~hLo, phonograph or machine per location (23) (24) CONTRACTORS, GENERAL CONTRACTORS - ALL KINDS NOT OTHERWISE SPECIFIRD IN THIS CHAPIE R (25) (26) (27) (28) DAIRIES, INCLUDING DELIVERY OF MILK OR DAIRY PRODUCTS ELECTRIC LIGHT OR POWER PLANTS FURNISHING ELECTRIC LIGHT OR POWER WITHIN THE CITY EXPRESS COMPANY FORTUNE TELLERS (29) GASOLINE - WHOLESALE DEALERS (30) (a) Retail dealers, including accessories FREIGHT AGENTS (31) GAMES AND DEVICES, AUTOMATIC OR OTHERWISE, such as throwing balls at pictures and the like and not otherwise specified in this Chapter, per week 5.00: 15.00: 5.00; 5.001 10.00 10.00 1.00 5.00! 1.00 10.00 500.00 15.00 3.00 10.00 10.00 5.00 20.00 500.00 5o.o0 10.00 lO.OO 50.00 -5- (32) HAWKERS,OR STREET VENDERS OF b~DICINES, DRUGS OR PATENT MEDICINES, or of any kind of drug, ointments, expedients or device of any kind, intended for the use or treatmen% of any disease, injury or deformity $ 150.00 (33) HOTELS 5.00 (34) (35) (36) (37) (38) (a) For each room available for rent additional 1.00 ICE TRUCKS OWNED BY INDIVIDUALS NOT CONNECTED WITH ICE PLANTS, per truck 5.0Q INSURANCE AGENTS INTOXICATING LIQUORS containing more than 1% alcohol by weight, Persons manufacturing, selling, bartering, exchanging or any manner dealing in intoxicating liquors as defined shall pay a tax in an amount equal $o 50% of the annual license tax of the State of Florida and Indian River County LAUNDRIES, INCLUDING PICKUP AND DELIVERY lo.oQ 10.00 LUblBER DEALERS 10.00 ( 39 ) MANUFACTURE 10.00 (40) ~4ENTAL HEALERS, CLAibIING TO HEAL BY ABSENT TREAT~ENT 5OO.OO (41) (Provided, that this license shall not be construed as affecting the members of any religious denomination who pray for the recovery of the sick.) MERCHANDISE SOLICITORS . All persons, whether they are agents or representat- lives, who sell or offer to sell any goods, wares, merchandise or services in the city, either by the showin9 of samples or otherwise, outside of a regular fixed place of business. 10.00 This license shall not apply to wholesalers, nor to the sale of vegetables, fruits, nuts or other farm products by those who have themselves raised or pro- duced the products for sale. Only one license shall be required for all employees or representatives or agents of a single person, it being intended to provide a single license and tax for each individual business and not for each indivi- dual connected with such business. (42) (43) MERCHANTS, DRLUM3ISTS, STOREKEEPERS AND RETAIL DEALERS MOTOR COURTS 10.00 5.00 (a~) For each bedroom unit available .forwent additional ~,, /"i ', ~ ,, r ' .; ' .. '-/ .."z' , .... (44) PAI~IIST~ OR FORTUNE TELLERS (45) PATENT blEDICINE VENDORS, advertising by means of minsteral shows or vaudeville acts (46) PAWN BROKERS (47) PET 3HOPS, including ava~ies, aquariums, live birds, fish, dogs, etc. (48) PHOTOGRAPHERS (49) PHYSICIANS, including surgeons and dentists 1.00 500.00 500.00 100.00 10.00 5.00 10.00 -6- (5o) (51) (52) (53) (54) (55) (56) (57) (58) (59) RAILROAD COMPANIES AND TRUSTEES REAL ESTATE (a) For each broker (b) For each salesman RESTAURANTS, CAFES AND LUNCHROOMS SEAFOOD DEALERS (a) Wholesale only (b) Retail only (c) V4uolesale and retail SHOWS, including motion picture theaters SLOT MACHINES - FOR VENDING MERCHANDISE WHEN OPERATED FOR PROFIT. See Automatic Vending Machines TOURIST HOMES AND CABINS (a) For each bedroom for rent additional TRAILER CAMPS AND PARKS (a) For each 1000 square feet of trailer space additional WELL DRILLERS $ 10.00- 10.00 10.00: 10.00 5,00 5,00' 10.00 25.00 10.00 1.00 10.00. 1.00, 10.00 WHOLESALERS. Vehicles used in the sale and delivery of tangible personal property to licensed businesses in this city at wholesale only shall not be con- strued to be operating as a separate place of business. (60) TELEVISION. Persons engaged in installation of television aerials and antennas and classified as contractors. (a)For each resident with permanent place of business (b) Each installation: (1) By resident licensees 3.00~ (~' t ~. (2) ~y non-resid~nt licensees ~ 5.00 L ?" ,4~.....~,~...::K2' ~..'o v -~'-.,,:-~..~..Z./....C':'~~ ,,''~ ~ :z~ /~, ~-o , The taxes imposed by this ordinance shall not repeal any other license tax~ occupational tax~ excise tax or tax levied by any other ordinance o£ the city as_.a condition p~e~.e- den~ %o engaging in business in the city~ unless expressly repealed by this ordinance. SECTION XlV. This ordinance shall be in ¢ull force and ef£ect immediately upon its passage and approval by the ~;ayor or by its becoming a law without such approval. 10.00" '"'-- 7" I hereby certify that the foregoing ordinance was duly passed by the City Council of the City of Sebastian on the 14th day of March, 1955, City Clerk President, City COuncil To the ~'iayor of the City of Sebastian, Florida: I hereby certify that the foregoing ordinance was regularly passed by the City Council on the 14th day of ~arch, 1955, City Clerk The foregoing ordinance approved by me this 14th day of March, 1955, ~ayo~ -8-