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HomeMy WebLinkAboutO-01-08ORDINANCE NO.O-01-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 30, Article II Licensing of the Code of Ordinances for the City of Sebastian constitutes Occupational Licensing; and WHEREAS, the Occupational Licensing function and responsibility has been transferred to the Finance department; and WHEREAS, numerous administrative changes are necessary to reflect the transfer of responsibility; and WHEREAS, Section 205.0535 (4) authorizes each municipality the authority to increase, by ordinance, the rates of occupational license taxes by up to five percent every other year; and WHEREAS, there have been no rate adjustments to the occupational license taxes since adoption on 6/14/95. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 30, Article II. Licensing of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Article II. Licensing Sec. 30~27. Definitions. Sec. 30-28. Persons subject to license. Sec. 30-29. Required. Sec. 30-30. Disagreement as to classification; appeal. Sec. 30-31. Term of license; when fee due; ha!£year license fc, r nc':; b'asine~ses; delinquencies. Sec. 30-32. Separate license for each business:: Fallin~ into more than one classification. Sec. 30-33. Change of location; fee~. Transfer of license to new owner; Duplicate license; fees. Sec. 30-34. w ....r~r~ ................... c~ Half-year license; fees. Sec. 30-35. Applications. Sec. 30-36. Ev/dence of engaging in business. Sec. 30-37. Exemptions. Sec. 30-38. Renewal notices; nonreceipt of notice nO defense. Sec. 30-39. Duty of officers, agents of corporation; indiv/dual liability. Sec. 30-40. Duty of eiCpeter-h director of finance to keep records. Sec. 30-41. Updating applications. Sec. 30-42. Preservation and display of licenses. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. Sec. 30-44. No refund of fee; exception. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Sec. 30-46. Penalty for violation of article. Sec. 30-47. Recovery of attorney's fees, etc. Sec. 30-48. City not liable for damages for losses from revocation. Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. Sec. 30-50. Fee for businesses not specifically included in schedule. Sec. 30-51. Fee schedule. Sees. 30-52--30-75. Reserved. ARTICLE II. LICENSING* *Editor's note--Ordinance No. O-95-11, § 1, adopted June 14, 1995, amended §§ 30- 27--30-52 by replacing them with new §§ 30-27--30-51. Formerly, such sections pertained to similar provisions and derived from §§ 14-2--14-19, 14-21--14-29 of the 1980 Code; Ord. No. O- 92-22, § 1, 10-14-92. Cross reference(s)--Jurisdiction of the code enforcement board, § 2-178; alarm system licenses, § 39-29. State law reference(s)--Local occupation license taxes, F.S. ch. 205. 2 Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person desiring to obtain a license under the provisions of this article. Business means any activity, enterprise, profession or occupation performed or engaged in by any person for gain, benefit, advantage or livelihood, and shall include all such activities or enterprises whether performed in one or more establishments by one or more organizational units, including departments of an establishment operated through leasing arrangements. For purposes of this article, a business not-for-profit shall be included within the terms of this definition unless Otherwise exempted. Chief executive officer means the city manager and/or his designee. Classification means the business a person has been designated to fall within under the schedule provided for in this article. Contractor means any person: Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of building materials; (2) Accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of appropriate materials or any compositions; (3) Accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any purpose; (4) Accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure; (5) Accepting or offering to accept orders or contracts for moving any building; or (6) Accepting or offering to accept orders or contracts for the installation, maintenance or repair of signs, air conditioning apparatus or equipment; whether such work is done or offered to be done by day labor, general contractor or subcontractor. Every person engaged in the business of accepting or offering to accept orders for contracts for doing any work on or in a building or premises, involving erecting, installing, altering, repairing, servicing or maintaining electrical lines, shall be deemed to be an electrical contractor. Every person engaging in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engaged in the business of creating a building for the purpose of selling or renting such building, and making no contract with a duly licensed contractor for the erection of such building, whether or not such person 3 contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he shall build more than any one house in any one year. Director of finance means the director of finance for the city or his designee. Farmer means those described in F.S. § 205.064. Fee means those charges established by the city council contained within the schedule of this article, as such charges may be amended from time to time b~v Ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. License means the document granted by the city under the provisions of this article and required of any person before such person can engage in any business within the city. Professional shall be any person whose occupation requires special and advanced education or sk,ill.:, such as attorneys~ physicians and dentists~ and any person who offers services regulated by state or federal government who is required to demonstrate some level of competency as a condition to offering personal services. A person "offers services" for purposes herein if that p,e. ,r..s,o..n provides service directly to the customer client of the business in which that oerson is emoloyed; if the 0erson's labor is intended to directly benefit such customers or clients~ or if that person is a,principle in the business. Temporary means to operate a business for a period of five days or less. Tr.a,,n.$itory means to be passing through or,,oPer,,atin~ for a single ouroose and not ooeratin~ on a temoorary basis. Sec. 30-28. Persons subject to license. A fee for the privilege of engaging in or managing any business within the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license fee is not prohibited in section 8 of article 1 of the United States Constitution. 4 Sec. 30-29. Required. No person shall engage in any activities for which a license is required by this article, unless such person has a valid occupational license issued by the city. No person shall knowingly make a false statement in the license application as to conditions or facts upon which the fee is based. Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business licensed or to be licensed, the ei~poh~ director of finance shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Sec. 30-31. Term of license; when fee due; h.ll~ ..... l: ..... f ....... bus:messes; delinquencies. (a) All licenses shall be sold by the city beginning August 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the occupational license tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local occupational license, if required, is subject to a penalty of 25 percent of the license due, in addition to any other penalty prov/ded by law or ordinance. (c) Any person who engages in any business, occupation, or profession 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 penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. (d) Any person who knowingly makes a false statement in the license application as to conditions or facts upon which the fee is based is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collections efforts, and a penalty of up to $250.00. (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the occupational license for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Sec. 30-32. Separate license for each business. A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a license is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occupation, business or profession shall fall into more than one of the cla.s...sifications contained in the schedule set forth in Section 30-51, such occupation, business or profession shall comply with the license requirements of each classification. Sec. 30-33. Change of location; Transfer of license to new owner; Duplicate license~ fees. Upon wr~.tt:n r:quegt and presentation of the original license, any license may be transferred from one location in the city to another location within the city upon completion of .an application and payment of a transfer fee of 10 percent of the annual license .tax~ but not less than $3.00. A license may be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer fee of 10 percent of the annual license tax, but not less than $3.00, and presentation of evidence of the sale and the original license. Duplicate licenses shall be issued upon written request and upon paym_ent of a duplicate license fee of 10 percent of the annual license tax, but not less t.h.an $3.00. Sec. 30-34. -Tranafcr c,f l[ccngc tr, new vwner; fee. Half-year license; fees. The fee for new licenses issued from April 1~ through Septe...mber 30~ shall be one- half the regular annual license tax. Sec. 30-35. Applications. (a) All applicants for licenses requiring apprc;'a! of the city manager shall submit their applications to the ~ director of finance not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for an occupational license to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must ~ provide proof of an active state certificate, registration, or license, or prccf cf issuance of the same. (c) Any person applying for an occupational license or a transfer of an existing license must present a copy of the applicant's current fictitious name registration issued by the state division of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. 6 (d) Any person applying for an occupational license to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. Occupational licenses are not required in order to practice the profession of pharmacy. .... · :~ ,g .... c~;^. ^c ~g ...... Any pers0~ applying for an occupational license who will be operat!ng a business subiect to State and/or federal regulations shall furnish proof of licenses and/or permits and/or letter{s} of exemption to operate same. (f) Any health and rehabilitative Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised and shall be required to obtain an occupational license. Sec. 30-37. Exemptions. Any person entitled to exemption under the laws of the Sstate of Florida shall be exempt from payment of fee to the city. if a fee exemption provision applies, a license must still be applied for and approved. (l) Veterans must be at least ten percent disabled to qualify for exemption. However, in no case shall a person be entitled to an exemption in excess of $50.00. (2) Nothing in this article shall be construed to require any farmer to procure a license to sell farm, ~aqua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fish farm products, or products manufactured 7 therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. (3) No license shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid an occupational license tax for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The ~ director of finance shall send out annual renewal notices to all businesses holders ~ of an occupational license no later than August 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any fee or late fee. Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers of any corporation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any corporation fails to pay the fee and obtain a license required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as may be imposed by t~e ~ode enforcement ~oard this Code. Sec. 30-40. Duty of ~ director of finance to keep records. The ~ director of finance shall keep a complete record of all licenses issued, showing the nature of the license, the date of issuance, the date of expiration and to whom it was issued. Sec. 30-41. Updating applications. The ~ director of finance is authorized to require updated license applications. Sec. 30-42. Preservation and display of licenses. All licenses granted by the city shall be carefully preserved and displayed in a conspicuous place and be visible in the place of business authorized to be conducted by such license. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. 8 All businesses are subject to city zoning restrictions. The issuance of a license under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to conduct any business in violation of any law, and in such event, no refund of the license fee shall be authorized. Sec. 30-44. No refund of fee; exception. No portion of any fee assessed by this article shall be refunded except when such fee is collected by mistake or error. Refunds shall not be made after the license period for which the erroneous payment was made has expired. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Nothing in this article shall be construed to interfere with the regulation or taxation of any person in business against whom the right of taxation has been preempted by the state or as giving to any person the right to obstruct the streets, sidewalks, or other public places in the city. Sec. 30-46. Penalty for violation of article. Any person violating any of the provisions of this article shall, uTcn kear~ng thereof, be subject to a.,.,~c'~ a: ma2,' ~'~ ~..-r,~o,~ *--',,j *~'~..~ ~w~ enforeemem ~ civil actions and oe~lties, including court costs, reasonable attorn.e..y fees~ additional administrative costs incurred as a result of co!!ec, fig.n, efforts~ and a penalty of up to $250.00. Sec. 30-47. Recovery of attorney's fees, etc. If the city initiates legal proceedings against any person to enforce any provision of this article, including appellate proceedings, the city shall be entitled to recover reasonable attorney's fees, court costs, and such additional costs as the court shall deem appropriate. Sec. 30-48. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherwise, due to the revocation of a license. Revocation of license shall require the business to cease operation in the city. The revocation of license shall continue until such time as the violations that caused the revocation are certified by the ~ director of finance as having been corrected. The following shall constitute grounds for revocation of a license. A determination by the ~¢pmamvg~ director of finance that any statement contained in the application for a license is false. (2) The licensee has violated city or county ordinances or laws of the state in the practice of business for which such license is issued. (3) The licensee fails to comply with zoning, fire prevention and code enforcement ordinances of the city after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances of the licensed premises. Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. 9 A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a license will be issued: (1) File with the ~ director of finance a sworn affidavit from the owner or lessee of the property upon which the attraction is to be held stating that permission has been granted to use the property for such purpose. (2) Furnish a bond, collateral or other security in the amount of $1,500.99 $2,500.00 for any expense the city may incur in cleaning all rubbish and debris from the premises used by the attraction. (3) Obtain approval in writing of the zoning, fire prevention and code enforcement divisions of the city. (4) File with the eRy-eter4a director of finance a written statement from the county health department that the facilities for selling food, foodstuffs or drinks for human consumption are satisfactory. (5) File with the ~ director of finance proof of active liability insurance in the amount of $100,000.00. (6) Furnish the city police department a list of names of all managers, employees, and all other persons connected or working with all or any portion of the attractions, their permanent address, social security numbers and any other information requested by the police chief. Sec. 30-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, cr upcn a g,~cct, ', ..... ,v,.,,' ~',w, or anywhere within the city not specifically designated in the article, shall pay a fee of $60~0 $63.00. Sec. 30-51. Fee schedule. The schedule for license fees charged in the city shall be as follows: AMUSEMENT/ENTERTAINMENT: Bars or restaurants with entertainment for patrons .... 604~ $63.00 Dance hall or ballroom (with council approval) .... 6IX00 63.00 Entertainment establishment or facility (permanent) .... 69.6u3 63.00 10 Arcade operators, in addition ~ to coin operated machine fee .... 20.00 31.50 Billiards, pool in addition to coin operated machine fee: .... 60.00 63.00 Golf course .... 60.00 63.00 Golf driving range .... 60,00 63.00 Motion picture theater: .... 69.00 63.00 Each additional :crcen.... ~.~an an Museum .... 6g~ 63.00 theater~, including moving picture shows an&/or vaudeville, when under hold ;weatling or boxing ~.,~h.~ 60.00 Sightseeing vehicles, per vehicle and Transportation for hire (taxi, limo, boat) .... 69.90 63.00 Charter boat for fishing, diving, sightseeing, parasailing, water-taxi or similar watercraft activities or riding devices, other than coin-operated (per vehicle) .... 30.00 31.50 Rinks, skating .... !00.00 105.00 COIN-OPERATED MACHINES: 11 Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine .... !9~99 10.50 Coin-operated machines, laundry, per unit Laundromat, self-service .... glX00 31.50 FINANCIAL INSTITUTIONS: Banks .... 59.99 63.00 Credit association/union (firm or corporation) .... 69.99 63.00 Credit card company .... 50.99 63.00 Loan company, broker, person, firm or corporation .... 59.99 63.00 Savings & loans association .... 59.99 63.00 Each ATM not located on main premises... 31.50 FOOD SERVICE ACTIVITIES: .... 604)0 63.00 Delicatessen: Merchant .... 59.99 63.00 Delicatessen, as part of another business such as a grocery store, etc ..... 59.99 63.00 Restaurants, must provide license from the division of hotels and restaurants, department of business and professional regulation ~private~ ~.~.~.~:__~. ..... c~ .... F~a~ .... 1~ e~ap0 .... 59.00 63.00 No seats (take out, deli, catering) Catering services .... 50.00 63.00 Snack bars and fast food services which maintain no seats .... 63.00 Mobile truck (food vendor) .... 50.00 63.00 12 Seating (in addition to the above fees) Seating one to 15 ....-14X00 10.50 Seating 16 to 40 .... 29.99 21.00 Seating 41 to 60 .... 39.99 31.50 Seating 61 to 120 ....49.99 42.00 Seating 121 and over .... 59.99 52.50 GAS STATION: All gas stations, including those offering repairs and other accessory uses; does not include convenience stores Service station, gasoline .... 40.99 63.00 Per pump .... 29.99 21.00 HOSPITAL: Hospitals, sanitarium or nursing homes, adult congregate care facilities epemt~ for profit (must possess approval ~y ~*~*~ "~"~ ~r ~l*h ~A 1~ ..... ~ ~*~*~5 99.90 94.50 ~SU~CE: Companies ~iting any class of instance upon any person or prope~ residing or located within the ciW limits or risks occ~ing within the ciW limits hsurance or bonding agent t~,~,~ 1~ ......... ~AX Kn nn 63.00 Insurance or bonding company (:tare u_~,,~ .......... ~-~:~ .... ~ 63.00 Bsurance salesperson .... ~.00 63.00 Insurance ad[uster ................................. 63.00 MA~ACTU~G~ROCESS~G: All manufacturing or processing business to include: Aircraft ht .... fi0.00 63.00 Boat builder .... ~.~n nn 63,00 Custom t-shirts .... ~ 63.00 Dairies .... ~.~ Factories .... 50.00 63.00 13 Manufacturing, other-(manufacturing, producing, processing assembly of apparel and accessories, chemical and allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) .... 60.00 63.00 Tire and recapping service .... 60.00 63.00 NEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) .... 60.00 63.00 RENTALS: Daily publication Newspaper (four or more published per week) .... 6000 63.00 Periodical publication Newspaper (weekly, biweekly or monthly) .... 69.90 63.00 Commercial property rental (mall, shopping center or any other property owner renting or leasing space to five or more commercial tenants, including booth tenants on a single parcel), per rental unit Apartment rental .... 30.00 31.50 Each individual rental .... S~00 3.15 Storage and warehouse, public .... 3IX00 31.50 Each additional unit .... 300 3.15 Office rentals .... 30.00 31.50 Each additional unit .... 3.00 3.15, M~tet4hote4/_T~imeshare/guest house~ed..~"~'~ ~.~.c~.,~. ~-.---~, per unit .... ~v.vv~t~ nn 31.50 Boardinghouses, hotels, motels, nnd lodging house~ guest house/bed and breakfast...$31.50 per room .... 3.99 3.15 Campground or mobile home park or trailer camp .... ~9.99 63.00 14 Each rental unit within the park .... 5.00 5.25 Tourist camps or courts .... 50.00 63.00 Each guest room (per unit) .... 5.99 5.25 Trailer camps, RV parks .... 50.00 63.00 Per space .... 5.OO 5.25 Motor driven rental items (including mopeds, jetskis jet skis, tools) .... 59.90 63.00 Vehicles for hire (rent-a-car, courtesy car etc.) ....6lb00 63.00 Aircraft .... 60,00 63.00 Boat rental .... 29.00 31.50 Trailer, U-Haul .... 50.00 63.00 Non-motor driven rental items (including bicycles) .... 6O.OO 63.00 Equipment rental .... ~9.00 63.00 ~TA~, MAIL ORDER OR WHOLESALE SALES: .... 60.00 63.00 Aircraft sales .... 50.99 63.00 Appliances: stoves, refrigerators, dishwashers, ~ers, air-conditioners, heating, etc., dealers or agents and se~ice .... ~O.OO 63.00 ~ shops, supplies, lessons .... 5O.OO 63.00 Automobiles: New/used vehicles, agency/dealer, each location .... ~ 63.00 Service station, does not include mechanic se~ice Repair shop, per station .... fie.e0 63.00 Automobile paring lot (paring space rental):~,~ ~ nnn ~--~ ....... .~* ~..~o~ .... ~n~.~ 63.00 Auto pa~s, ~ and accessories .... ~ 63.00 Bait, live ....6~.~0 63.00 15 Bakeries, retail or wholesale .... 50.00 63.00 Boat sales .... 50.09 63,00 Book agents or canvassers (taking o[dc[s o[ sdh~g boo~s o[ magazines) ~eside~t .... ~O.OO 63.00 Boot, shoe repair and shine shop ....60~00 63.00 BoRlcd water sales dis~ibutor .... 60.00 63.00 Building materials or supply dealer .... ~ 63.00 Business machines: Cash resisters, ~c~iter, etc., sales, rentals and se~ic~ only. Not to include office supplies .... 60,00 63.00 Ceramic shop .... ~O.00 63.00 Check cashing stores ..... 63.00 ~lo~ist ....~9.99 6~.00 Fmiture dealer .... ~0.99 63.00 Gas dis~ibutors: boAled .... ~ 63.00 ~oce~ store .... ~9.99 63.00 Gunsmith: Repair and sales when in connection with another business with police depa~ment approval .... fi0.00 63.00 Jewe]u shop .... ~9.99 63.00 Lumbeuard .... 59.99 63.00 Mail order business, each person, comply or ~ fir~, etc ..... ~9.99 63.00 16 Marine supplies .... 60.00 63.00 Merchants, itinerant .... 60.00 63.00 Mobile home sales .... 50.00 63.00 Monument & tombstones (dealer or agent for) .... 50.00 63.00 Mower, dealer, rental and/or sales .... 6IX00 63.00 Newsstand .... 6O.0O 63.00 Nursery (trees, plant, shrubbery, etc.) .... 59.99 63.00 Office supplies and/or office furniture (with business supplies sold as adjunct to) .... 60.90 63.00 Security: Security & guard service, electronic surveillance, alarm systems, etc ..... 60.00 63.00 Photographers{ .......... 31.50 Satellite systems/sales or service .... 50.00 63.00 Seafood dealers: Wholesale .... glXO0 31.50 Retail .... 30.00 31.50 Both .... 59.99 63.00 17 Secondhand dealers (to buy or sell secondhand merchandise, clothing, fumiture, etc.)... · 69.99 63.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications shall pay fee) .... 69.00 63.00 Sign shop .... 6O.g3u0~ 63.00 Television/VCR/stereo~ etc. sales and repairs .... 60.00 63.00 agreement to, rcdeemthcm by exchange cf gccd~, ':,'arcs or merchandise for them or otherwise.... ~n~.~an Video sales and rentals .... d0.00 63.00 Water sales and dispenser rental .... d0.00 63,00 Window ~eatment sales and installation .... d0.00 63.00 SERVICES: Batk, public ~ ............................... , .......................... Financial consultant .... fiO.OO 63.00 Laboratories (:tat~ ",.~,,~ .......... -~-~w;~ dental, chemical, etc. .... ~,.~n an 63.00 Land in'rcs~cnt .... 6O.OO ~ .......~ ..... ; ........license) Massage Theraoist. ~n nn 63.00 Private investigator .... ~9.99 63.00 Private/Charter school .... ~9.99 63.00 Real estate appraiser .... ~9.99 63.00 Real estate broker .... fi0.99 63.00 Real estate salesperson .................. 31.50 18 Schools (such as dancing, business or commercial, beauty or barber, music, physical education, riding, driving, telegraph, etc.) .... 50.00 63.00 Auditors .... 59.99 63.00 Bondsmen .... 59.99 63.00 Directory, city (to engage in compiling city directory), required to furnish all copies required by the city .... 59.09 63.00 Professionals (attorneys, architects, dentist, opticians, computer programmers, certified public accountants, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, physician, electriotherapists, veterinarians, and any other auck State of Florida licensed professionals) .bY. firm and per professional .... 50.00 63.00 Property management .... 50.00 63.00 Surveyor ~ .............................. ~ .................., ..... ~ ......... 63.00 Well driller .... 6000 63.00 General service provider not listed in above, per business .... 604)0 63.00 Accounting/bookkeeping/auditing firm or person, certified or non-certified .... 59.99 63.0O Advertising: Agents or agencies writing advertisements for profit .... 59.99 63.00 Aircraft, flying schools or flight lessons ....59.99 63.00 Aircraft service .... 59.99 63.00 Animal boardinl!, grooming and o_.r training .... 59.99 63.00 19 Answering service .... 60.00 63.00 Artists .... 60.00 63.00 Astronomers, where fee is charged .... ,50.00 63.00 Auto vehicle wrecker service .... 60.00 63.00 Auto body shop .... 60.00 63.00 Auto repair shop .... 60.00 63.00 Auto, window tinting .... 69.99 63.00 Bicycle repair cn!y..., glh00 31.50 Blueprinting, photostat, map survey .... 69.99 63.00 Boat canvas sale/repair .... 60.90 63.00 Brass & copper refinishing .... 69.99 63.00 Business advisor or consultant .... ,59.99 63.00 Business Office ................................. 63.00 Cabinet, carpenter, upholstery ~ .... ,50.90 63.00 Carpet and upholstery cleaners .... 60:00 63.00 Child care, nurseries, preschool, day care centers .... 69.99 63.00 Claim and collection agencies .... 69.99 63.00 Computer services/sales .... 69.09 63.00 Contractor: .... 69.99 63.00 General building .... 69.99 63.00 Street paving .... 69.99 63.00 20 House moving & wrecking .... ~0.00 63.00 Subcontractor: Including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc ..... 60.00 63.00 Copy service .... 50.00 63.00 Custom framing .... 50.00 63.00 Decorator, interior .... 50.00 63.00 Drafting service .... 59.99 63.00 Dressmaking shop/tailors .... 59.99 63.00 Employment a~cncy .... 59.99 63.00 ~Express companies .... 59.99 63.00 Exterminator, termite & pests ~ ....* .... '~'~ ~*~ -~' ~ ..... · ':^ '~ 63.00 Fence sales and installation .... 59.99 63.00 Funeral home (including undertaking and embalming) ~*~ ~ .... require4) · 59.99 63.00 Glass, plate: Installation ....~0~99 63.00 Golf club sales and repair .... 59.99 63.00 Handyman .... ~9,0~ 63.00 Hauling contractor: Per vehicle .... 60d}O 63.00 Health center (mugtFaggegg sta¢~) .... 60430 63.00 Home nursing/daily living care (not professional) .... 59.99 63.00 House and condo sitting .... 59.~ 63.00 Hypnotist: Therapeutic or other than therapeutic .... 59.99 63.00 21 Janitor ~ commercial/residential cleaning se~ce .... ~.SS 63.00 ~c~c]~ mpm~ .... ~.00 63.00 Land development .... 59.99 63.00 La~ Maintenance/Landscaping: Except con,actors, architects, engineers or florists paying a ciW license tax as such .... ~O.00 63.00 Laundries, d~ cleaners (with plant in ciW, pickup station with pl~t in city, pic~p with plant out of ciW, or pic~p semce with plant out of ci~)... .60.00 63.00 Loc~mith or ~key smith, each .... 59.90 63.00 Machine shop anWor welder .... ~ 63.00 Maid se~ice .... ~O.00 63.00 Merchandise ~!icitors .... 6O.OO Mobile home set-up .... ~0.00 63.00 Mobile ~ck: .... 59.99 63.00 Auto repair .... ~0,00 63.00 Car/mobile home washing .... ~0.00 63.00 Equipment repairs .... ~9.99 63.00 Mower, repair only .... ~9.09 63.00 Press~e cleaning .... fi0.00 63.00 Printing, j ob printing .... ~0.00 63.00 22 Printing, job printing agent (not otherwise licensed) .... 50.00 63.00 D~I ~+.t-~ ~l~n~/~+ ~1~ .<th thth Reducing salon .... 60~ 63.00 Sanding and finishing of floors .... 50.00 63.00 Secretarial/TvDinff serv/ce .... 50.99 63.00 Security systems/alarms sales and installation .... 50..cu0~ 63.00 Septic tank cleaners .... 60:00 63.00 Sewing machine/vacuum cleaner: Dealers and/or agents & service .... 50.00 63.00 Sign painters .... 60,00 63.00 Solicitors and canvassers, per year .... 50.00 63.00 Sprinkler systems, selling and/or installing .... 50.00 63.00 Stenographer, public and court reporter .... 50.00 63.00 Stocks & bonds, broker/firm or office .... 6iX00 63.00 Stocks & bonds, per agent or salesperson ....50.00 63.00 Taxidermist .... 59.90 63.00 Telegraph systems and companies .... 50..ruO. 63.00 Tree surgery .... 61XO0 63.00 23 UpholstcG' cr f'.:miV'~r: Water, bottled .... 69.99 63.00 ~mdo~ cl~ni~ .... ~s.~ 63.00 For~eteller, as~ologers, as~ologists, clairvoyant, mind reader, etc ..... 175.~0 183.75 B~bershop, beauty shop, manicurist shop, cosmetologist shop: The business o~er .... 20.00 31.50 Each non-employee licensed barber .... 20.09 31.50 Each non-employee licensed beautician .... 20.00 31.50 Each non-employee licensed manicurist .... gO.e0 31.50 the. effaa:i¥: Each non-employee licensed cosmetologist .... 29.99 31.50 Each chair/station .... T~NSPORTATION (EXCL~G T~ICABS ~D PEDIC~S) Airlines, railroad companies .... 5~.~ 63.00 Truck lines: Recei~ng an~or del{vew, freight or express .... 59.~ 6~.00 Vehicles, including bus se~ice and ambulance se~{ce .... ! 5~.~ 1~7.~0 Ambulance se~ice (not vol~taw) .... ~ 94.50 Bus ~ompany .... 5~.~ 63.00 24 Handicap transport .... 99.99 94.50 UTILITY/COMMUNICATIONS Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company .... 45~00 47.25 Electric light and power company .... 59.99 63.00 Gas companies: Natural and bottled gas .... 9tX00 94.50 Telephone systems and companies .... 45~00 47.25 Television cable systems and companies .... 45A~ 47.25 Water and sewer .... ~0a~99 31.50 Radio stations maintaining business office within city .... 9IX00 94.50 NON-CLASSIFIED (not otherwise mentioned) .... 59.99 63.00 Secs. 30-52--30-75. Reserved. Section 2. herewith repealed. CONFLICT. All ordinances or parts of ordinances in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect April 1, 2001. The ,~,pr. egoing , Ordinance was moved for adoption by ~ojt.nc~il ~t~:~/~,._ . Motion was seconded by Council Member and, upon beaut to a vote, the vote was as follows: / Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Member 25 The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of April, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: i City Clerk Walter Barnes, Mayor Approved as to Form and Legality for Reliance/b.3~ me c~ity of Sebastian Only: Rich Stringer, Ctfy Attorney 26