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O93-29O RD I NANC E 093 -~ AN ORDINANCE BY THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 BY AMENDING SECTION 13-5, AND SECTION 13-11 TO COMPLY WITH FLORIDA STATUTES, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 205.042, Florida Statutes provides for authority of a municipal governing body to levy an occupational tax; and WHEREAS, said Florida Statute has been amended; and WHEREAS, the City Commission of the City of Boynton Beach is desirous of bringing the City Code into compliance with Florida Statutes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 13, Section 13-5 is hereby amended by adding a new subsection (c) as follows: Sec. 13-5. License renewal; delinquency penalty. (c) Any person who enqages 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 $250.00. Section 2. Chapter 13, Section 13-11 is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 13-11. Transfer of license. (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 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 transferred license shall not be held good for any longer time or any other place than that for which it was originally issued, provided that'the original license shall be surrendered to and filed with the city at the time application for transfer is made, and such. transferred license after being approved~ shall be of the same force and effect as the original license. At the time any such license is transferred, the person aPplying for such transfer shall pay to the city a transfer fee of tkrcc dc!!ar's ~3.00~ 10 percent of the annual license tax, but not less than $3~00 nor more than $25.00 and shall present evidence of the sale. (b) Transfer to new license. Business licenses may also be transferred from location to location with the approval and written authorization of the city endorsed thereof, provided no change of 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 not be held good for any longer time or any other place than that for which it was originally issued; provided that the original license shall be surrendered to and filed with the city at the time application for transfer is made, and such transferred license after being approved shall be of the same force and effect as the original license. At the time any license is transferred, the person applying for such transfer shall pay to the city a fee in the amount of thrcc ~cllars ,e~ nn~ 10 percent of the annual license tax, but not less than $3.00 nor more than $25.0O. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. ordinance. Authority is hereby granted to codify said Section 6. immediately upon passage. FIRST READING this J day of August, 1993. SECOND, FINAL READING AND PASSAGE this August, 1993. CITY~OF BOYNT.~Nf BEACH~ FLORIDA Commis~.~oner ~'~ \~_j Commission~ ATTEST: This ordinance shall become effective day of '-Cit~ Clerk (Corporate Seal)