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O77-06ORDI-~ANCE NO. 77- ~¢~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ~iNDiNG S~CTION 1512 THROUGH 15-4, INcLusIVE, 15-6 THROUGH l~-8(a), (b) and (c), INCL,fJSIV~, 15-10 (d), 15-16, 15-17.2 (b), 15-23 AND 15-24 OF ©~IAPTER 15 OF THE ©ODIFIED ORDINANCES OF SAID CITY TO T~ANSFER JURISDICTION AND CONTROL OF MUNIC IPA L LICENSE DEPARTMENT FROM C ~N~%GE!{ TO CITy BUILDI~N~G ,OFF!CI~'L] ~I~OVIDYNG FOR AUTHORI~ TO CODI~'Y, S ~GS 'CLAUSE ~E E BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF BOYNTO] FLORIDA: That Chapter 15 of the ~Code of Ordinances of the City of Boynton Beack Florida, be and the same is hereby amended in the following respects: Section t: The firsl and last sentences of Section 15-2 of Chapter 15 of the C0~lif~ed Ordinances of said City are hereby amended lo read as follows: Sec. 15~,2. Registration required; fee; basis of one fiscal year; p~en ally. Any .person who engages in any business, occupation, or/~rofession wiihin the mu~icipal boundaries of the City of Boynion t~ach, Florida, nol required to be licensed hereunder, shall be registered with the City Building Official by execuling an information form to be provided by the City and paying to the City Building Official a registration fee of five dollars ($5.00)... Anyone violating this provision by, failing lo register the required information wit, h the City Building Official shall be deemed guilty of a misdemeanor ph~ishabie as provided ~ereaf~te~." Section 2: That Section 15-3 of Chaplet 15 of the Codified Ordinances of said C;[ty4s hereby amended to read as follows: ?Sec. 15~3. Application for license. Before the City shall be required to issue a license for engaging in or carrying on a~y of the businesses, pro~cssions or occupantions specified and set forth herein, ii shall be the duty of the applicant ko file an application with the City Building Offic.~al, such application to be in the form required by the City, and such applicant shall be required to furnish to the City Council such other information not contained in the application as the~ Council may require." Sect[,on 3: The seventh sentence of Section 15-4 of Chapter 15 of the C0~fied Ordinances of said City is hereby amended ~o read as follows: "Sec. 15-4. Issuance of.license; duration; half-year license; when due and payable; delinquency. · · · Upon payment of such tax, the City Building Official shal] Lssue to the person paying the same, a receipt for license signed b~r such City Building Official, which receipt of license shall expire at the end of the period for which such license is issued ~s hereinabove specified." ~ Section 4: Section 15-7 of Chapter 15 of .the Codified Ordinances of said C[ty is hereby amended to read as follows: "Sec. 15-7., Declaration.where fee depends on variable faczors within applicant's knowledge. Whenever the amount of the license applied for depends upon the amount Of stock in trade carried by the applicant, or the number of sleeping rooms in a hotel, motel, apartment or rooming house, etc., or the amount of capital invested in the business, or number of seats or spaces in a restaurant, etc., or the nunf0er of employees, or, the nur~ber Of vehicles, or any other facts not with- inthe personal knowledge of the City Building Official, no license shall ~e issued until th~' applicant thePsfor has made and filed with the Ci~ Building official a 'd6claration setting forth the amount of s!tock in trade, the number of sleeping rooms, the amount of invested capital, the number of seats or spaces, the number of employees, the number o~f ~ehicles, or other facts upon Which the amount of such iice'mse depends, which to the best of ~the applicant's knowledg~ and belief i~ ~ru~, correct and complete." Seetion 5: Subparagraphs (a), (b) and (c~ of Section 15-8 of Chapter 15 of the Codiified Ordanances ~of said City are hereby amended to read as follows: "Sec. 15-8. Transfer of license; duplicate; fee, posting. (a) Transfer to new owner. Business licenses granted or issued under the provisions of this Chapter may be transferred with the approval and written authorization of the City Building official endorsed thereon, with the business for which they were taken out when there is a bona fide sale and transfer of the property used and employed in the business, but such tra~zsferred license shall not be held good for any longer time or any other place than thai for which ii was originally issued; provided, that the original license shall be surrendered to and filed with the City Building Official at the time application for transfer is made, and such trans- ferred license after being approved shall be of the same force and effect as the original license. At the time any such license zs transferred, the person applying for such lransfer shall pay to the City Building Official a transfer fee of three dollars ($3.00) and shall present evidence of the sale. (b) Transfer ~o new location. Business licenses may also be transferred from location to location with the approval and written authorization o~ the City Building Official endorsed thereon, p ro- vided no change or ownership has occurred or is in the process and the license classification in which the license was originally issued remains unaffected, but such transferred license shall nc~ be held good for any longer time or any other place than that for which it was originally issued; provided that the original linense shall be surrendered to and filed with the City Building Official at the time application for transfer is made, and such transferred license after being approved shali be of the same force and effect as the or [ginal license. At th~ time any such license is transferred, /he person:applying for such transfer shall pay tO the City Building Official a fee in the amount of three dollars ($3.00). (c) Duplicate. The City Building Official shall make a charge of one ~ol!ar ($1.00) for eactl, duplicate licel%se issued to replace any license issuS d ~der t~e,provisions of thi~ Chapter which has beeh los~,- stolen, defaced or destroyed', without any wi]gui conduct on the part of the licensee, upon the filing by the licensee of a statement attesting to suc~k fact." ~ection 6: :Subparagraph (d} of Section 15~10 of Chapter 15 of the Codified ©r~iina:nces of ~aid City is,hereby repealed. Seetion 7: The second sentence of Section 15-17.2 (b) of Chapter 15 of the Codified Ordinances of said City is here.by amended to read as follows: "Sec. 15-17.2. Identification of vehicles used in bus~ness or oc- cupation. ... Such decal shall be prepared by the City Building Official and issued by said Officer. Section 8: The first sentence of Section 15-23 of Chapter 15 of the Codified Ordinances of said City is hereby amended To read as follows: "Sec. 15~23. Same - Official form; posting; ~ransfer; name and n~amber. The City Building Official shall issue the licenses herein provided for on forms to be adopted by the City Building Official... Section 9: Section 15-24 of Chapter 15 of the Co d~ified Ordinances of said City is hereby amended to read as follows: "Sec. 15-24. Same - lihlmber limited; order of gssuance. The City Building Official of the City shall not issue any license for any machine under the provisions of this article which shall be in excess of one such machine to each two hundred (200) persons in the City, according to the last State, Federal or -3- -Municipal census. All such licenses as shall be issued by the City Building Official under the provisions of this Article shall be issued in the order in which applications therefor are made, and in no other~nner. ~ Section 10: Authority to Codify: Specific authority is hereby granted to codify and incorporaie this Ordinance in the City's existing Code. Section 11: Separability: Each of the provisions of this Ordinance is separable, including word, clause, phrase or sentence, and if any portion thereof shall be declare~ invalid, the remaining portion shall not be affected but shall remain in gull force and effect. Section 12: Repealing Provision: All ordinances or parts of ordinanc~ m conflict herewith are hereby repealed. Section 13: An Effective Date: This Ordinance shall become effectiv, in the manner and at the time provided by law. First reading this 15-~~ day of ~6 ~ ~1~V Second, final reading and passage, this 1977. ,a~, D., 1977 14-F day of ~1%.~'~C~ CITY OF BOYNTON BEACH, FLORIDA V~fe -Mayo ~c~/ er -7 Councllmember ATTEST: City. Clerk/ (Corp. Seal) -4-