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O#61 ORDINANt~E NO. 61 AN O~DINANCE 0!,' ~h-~ TO~'.~ OF BOYNTON, PLORiDA, REGULA~'ING AND LICiiNSIhG ~EAL ESI'ATE B~OKENS AND REAL ESTATE SALESN{~N, DEFINING Ti~E TENNIS ilEAL ESTATE BROKSR AND R!iAL ESTATE S.~ES},~[AN AS USED IN TRiS ONOiNANCE: P~OVIDIIqG PON A BOARi) OF EXA~ii{ERS TO F~Ai},~[IiE ALL REAL ESTATE BROKERS AND REAL ~STATE SAi~ESNEN, ~D PROVID- iNG A PENALTY POR VIOLATION THEREOF. BE IT ORDAINED by the To'c~n Commission or the To~.~n of Boynton, Florida: Sec.1 it shall be unlsv~i'~i for any person~ i'irm~ partnersnip~ association or corporation from and after this o~inanoe snali ta~{e effect to engage in the business or act in the capacity, ei'hhor directly or in- directly, of a real est~ite broker or of a real estate salesman ;,~ithin the To~n of 5oynton, ~¥ithout first ob- taining a license under the provisions of this ordinance. Sec. 8 A Nea~l Estate Broker ~ithin the mean- ing of this ordinance is any person~ firm, partnors?lip~ co-partnership, or asso{}iation, ~¥}~o~ I'~ a compensation or valuable consideration, sells or offers for sale, buys oF offers to buy, or negotiates the purchase oP s~le er exchange of P~a! estate, or ,~ho leases or offers te lease, or rents or offers to rent~ any real estate, or the improvements thereon, for others~ as a ',?hole or par- tial vocation. The ter~ii "broker" as used in this ordinance is synonymous ,,~Ith the term "real estate broker". A real estate salesman ',Tithin the me~ inS of this ordinance is an~ person, ~ho for a compensation or ~luable consideration is employed, either directly or indirectly, by a real estate broker to sell or offer for sale, or to buy or offer to buy, or to negotiate the purchase or sale or exchange of real estate, o~ to lease, rent, or offer for rent, any real est ~te, or to negotiate leases thereof, or of the imp~?ovements thereon, as a whole or ~artia! vocation. One act for a compensation of buying or selling real estate of or for another, or offering for another to buy or sell, or exc~ange real estate, or leasing, or renting, or offering to ~ent real estate, except as herein specifically excepted, shall constitute the person, firm, partnership, association o? corporation performing, offer- ing or attempting to perform any of the acts enumerated herein, a real estate broker or a real estate salesman within the meaning of this o~dinance. The provisions of this ordinance shall not apply to any person, co-partnership, association or corporation, v~ho as owner or lessee, shall perform any of the acts aforesaid, with reference to property owned or leased by them, or to regul~r employees thereof, with respect to ~he prop~rty so owned or leased, where such acts are performed in the regular course of, or as an incident to, the managemen'~ of such property and the investment therein, nor shall the provisions of this ordinance apply to any person acting only as attorney- in-fact under a duly executed power of attorney from the owner authorizing the final consumation by per- formance of any contract for the sale, leasing or ex- change of real estate, not shall this ordinance Oe con- strued to include in any ~.~ay the services rendered by any attorney-at-law in the perfo~nance of his duties as such attorney-at-law; nor shall it be held to include, while acting as such, a receiver, administrator or executor, or any person selling real estate under ord~r of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or a regular salaried emoloyee thereof. Section 3. Licenses provided for by Section I of this ordinance shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing, and for competent to transact the business of a broker or real estate sales~,~an in such manner as to safeguard the interests of the public. No license shall be granted to any person under the age of t~'enty-one years, or otherwise incapacitated from contracting. Section 4. Every applicant: for a broker's license shall state the name of the person, firm, partnership or corporation, and the location of the place or places for which said license is desired, and shall be executed by such person, or by an officer or member of the firm, p'artnership or corporation applying. Every broker shall maintain a place of business in the !~own of Boynton, w~th an appropriate sign displayed, designating the name oi~ such person, firm, partnership or corporation. Every applicant for a salesm~n's license shall, in addition to the requirements of this Section~ state the name and address of his last employer, and ~he ar~ne of the person, firm, partnership or corporation in whose employ he is to enter. l~or the purpose oi~ determining v~he qualifi- cations of such applicants for real estate broker's license or real estate salesman's license, as the case may be, there shall be, and there is hereby created a Board of Examiners who shall be appointed by the Town Commission, said Board shall consist of three real estate brokers, residents of the Town of $oynton, who have for the past year operated as real estate brokers within the State of Florida, who ~all be appointed by ~he Town Commission each year to hold office for the next ensuing year ¥~ithout compensation, and shall meet for the purpose of examining applicants as aforesaid, once each week, at a time and place to be determined by said Board. The duvies of said "Board of ~.~xaminers" are as follows: To hear and consider all applications for real estate brokers' or real estate salesmen's licenses. To make suc~ investigations as may be deemed necessary in determining the qualifications of such applicant and submit the same together with its re- com~endations to the Town C~.mmission. To report any and all violations of this Ordinance that may co~e to its attention. Ail applicants for real estate license shall show sufficient proof to said Board subject to the appro- val of the To~?n ~ommission, of his, her, or its qualifi- cations before a license shall be granted, in the event said applicant shall successfully pass said examination, said To~n Commission shall notify t~e To~a Clerk, who shall, upon paymen~ of the required license fee as hereinafter provided, issue said applicant a license as herein provided. ~ection $. The To¥~n Clerk shsll issue each license in such form and size as shall be prescribed by the To?aa Commission. ~'his li~ense shall show the name and address of the holder and shall certify that the person whose name appears the?eon is a licensed real estate broker or salesman, as the case may be. It sahlt be the duty of such broker or salesman to conspicuously display his, her or its license in his, her or its em- ployer's place of business. '~,'he 2own Clerk shall upon the issuance of every such license also issue a card certifying that the bearer (stating name) is a duly licensed broker or salesman '~¥it~in the To~n of ~oynton. Section 6. The license fee for real est~.,te brokers ar~ real est'_.-~te salesmen within the To~n of ;3oynton, ?lorida~. shall b~ as foilo~vs: For each real estate broker ~$0.00 i~or each real estate ~alesman -,~25.00 Section 7. It shall be unlawful for any real estate salesman to accept a commission or valuable con- sideration for the performance of any of the acts herein specified from any person except his employer, who must be a broker Zicensed under this ordinance. any broker or real estate salesman, or any person who shall assume to act in either such capacity with the (2own of Boynton, -.'~'}~o - (a) Makes any false promise of a character likely to influence, persuade or induce, or (b) ~ursues a continued and flagrant course of misrepresentation, or the making of false promises through agents or salesmen, or advertising, or ether- wise, or {c) Acts fop more than one carry in a transaction withouz the knowledge of all parties 'thereto, or (d) Repre~ents or attenmts to renresent a real estate broker other than mis employer, without the express knov;tedge and consent of she employer, or (e~ Pails to accounn ro~, or to remit for, an~r moneys coming into his possession, '~vhich belong to another, or ' (f) Is unu'orthy or incompetent to act as a broker or salesman in such manner as to safeguard the interest.~: of the public, or (g) Engages in the r~l estate 'business without paying the license fees, lawfully required of him by any government au~hoPity, or (h) ~;hose condu~t wi~eth~ r of the same or a different character than ]~ereinbefore specified, con- stitutes dishonest dealing, or shall violate any of the provisions of this ordinance, shall upon conviction be punis~ed 'by a fine not to exceed ~i~I00.00 or by impri- son~ent not to exceed one mf_~nth, or by the cancella- tion of his, her or its license, in the discretion of the court. In case of any violation of ~ny of the pro- visions of this ordinance, ~.'? a corporation, both the corporation and the officer, or agents of t]~e corpora- tion guilty of such viol~tion shall be punishable. No brok~r shall in any man~er be responsible or liable for ar~ violation of the provisions of this ordinance, committed by any real estate sales~an or employee of such broker, unless it shall be established th~.t the broker had guilty knowledge of such violation. Section 8. Ail ordinances a~d parts of ordinances in con!~li.~t with the provisions ~ereof are hereby repeale¢~. Section 9. That the i,'~ayor of the To~,',~n of Boynton be hereby authorized 'to appoint inspectors vzith police power, Wino sh~.l! work und,~r ~he immedi~~ te super- vision of the £o~,¥n Clerk and snell make an investiga- tion as to violations of this ordinance. Section !0. ih~t in case a Corporation, ~artnership or ~association shall apply for a license as real estate broker und.~r this ordinance, s~d officer applying shall be entitled to take out such license as an officer of said corporation, partnership or association, and in the name of said frim, and the balance of the emebers of said firm shall be required to obtain a salesman's license. R. 0. I¥iyers,l~ayor (Signed) i~arr2 Benson,Vice idayor (Signed) Commissioners of the Torah of Boynton, ?lorida. The above ordinance having been read in fui.! at a regular meeting of the To?.~n Commission of the of Boynton, hei~ on the l~_ith day oI' September, A. D. 192f), was read in full a~.~.d ado~:~ted on its flnal reading at a regula? meeting of said Tovm Co~mission, held on the 3rd day of November, ~. D. 1~)~5.