Boynton13 Chapter 13
LICENSES*
Art. I. Business tax receipts, §§ 13-1—13-51
Art. II. Garage Sales, § 13-52—13-58
*Editor's note-Ord. No. 94-15, § 1, adopted June 21, 1994, provided for the deletion of Art. I, In general, and Art. II, Contractors, substantive sections thereof being §§ 13-1—13-22
and 13-33—13.41, as derived from Ch. 15 of the 1958 Code and numerous ordinances (see the Code Comparative Table, beginning on page 2701). Ord. No. 94-15 also enacted new provisions
designated as Art. I, §§ 13-1—13-25, herein set out and adopted a fee schedule, Appendix A, which has been designated as § 13-30 pursuant to the city's instruction. Former Art. III,
Garage sales, §§ 13-52—13-58, was redesignated as Art. II by Ord. No. 94-15.
Cross references-Code compliance board generally, § 2-72 et seq.; enforcement of this chapter by board, § 2-75; county dog license required, § 4-36; regulation of peddlers and solicitors,
Ch. 17; taxation generally, Ch. 23; regulation of taxicabs, Ch. 24.
ARTICLE I. BUSINESS TAX RECEIPTS
Sec. 13-1. Purpose; imposition and levy of tax.
The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a business tax receipt tax for the privilege of engaging in or
managing any business, profession or occupation within its jurisdiction. The business tax receipt tax is levied on:
(1) Any person who maintains a permanent business location or branch office within the municipality, 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 municipality, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) and who transacts any
business or engages in any occupation or profession in interstate com-merce, if the license tax is not prohibit
ed by Sec. 8 of Article 1 of the United States Constitution.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-2. Definitions.
For the purpose of this chapter, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise:
Business Tax Receipt Administrator. The employee of the city designated by the City Manager as the person responsible for the operations of the division of the city which processes
the issuance of business tax receipts.
City. The City of Boynton Beach Florida, its City Manager, or such officers, employees or depart-ments designated by the City Manager to act on behalf of the city.
City Manager. The term City Manager shall mean that person holding the position of City Manager of the City of Boynton Beach, Florida or his/her designee.
Classification. Classification means the method by which a business or group of businesses is identi-fied by size or type, or both.
Contractor. A contractor shall mean any person whose work is defined in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
Fiscal year. Fiscal year means October 1 of a calendar year to September 30 of the following calendar year.
2007 S-28 1
2 Boynton Beach Code
Inventory. Inventory shall mean those items commonly referred to as goods, wares and merchan-dise which are held for sale, rental, or lease to others in the ordinary course of business.
Number of workers. The number of workers shall be determined by the total number of paychecks issued for all full time and part time workers, nonprofessionals, subcontractors, contract
workers, consultants, principals, and partners who worked for the business, occupation or profession during the previous calendar year. A new business shall be based on the number of
workers as of opening day who are entitled to receive paychecks. All principals and partners in the business shall be deemed as workers and be included in the calculations.
Person. Person shall mean an individual, firm, partnership, joint adventure, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business
trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular.
Professional. A professional shall mean any person engaged in any business, occupation or profession who is required to maintain an active and valid State of Florida license, permit,
or certificate from any of the state agencies or the Florida Bar.
Specialty contractor. A specialty contractor shall mean any person whose work is limited to a particular phase of construction, and whose scope is limited to a subset of the activities
in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
Used car lot. Any business location within the municipal limits of the city engaged in the wholesale or retail sale of secondhand or used automobiles or other type of used motor vehicles.
Vending or other coin-operated machines. Vending machines shall be classified as follows:
(1) Amusement vending machines: Machines such as pinball and video games, pool tables, amusement rides, and the like.
(2) Product vending machines: Machines vending merchandise of any kind including, but not l
imited to, soft drinks, journals, food products, and the like.
(3) Service vending machines: Devices such as lockers, copiers, heart and/or blood pressure m
achines, laundry washers/dryers, and the like.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-3. Conflict with statute.
The regulation of business tax receipts shall be in accordance with this chapter and with Chapter 205.013-205.1973, Florida Statutes. In the event of any conflict between this Business
Tax Receipt Code and Florida Statutes, TITLE XIV. TAXATION AND FINANCE, Chapter 205 “Local Occupational License Taxes,” including future amendments, the provisions of Chapter 205 shall
control.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business and business tax receipt taxes therefor as set forth below.
(Ord. No. 94-15, Appendix A, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Business Tax Receipt Tax Rate Structure
Standard Industrial Classification
Businesses, Professions, Occupations
(*–See note, end of schedule;
NEC–See note, end of schedule)
The businesses, professions and occupations subject to the provisions of Chapter 13, the business tax receipt taxes imposed and levied, the Standard Industrial Classifications assigned,
and other requirements pertaining thereto are as follows:
2007 S-28
Licenses 2A
SIC Description Fee
0742 Veterinarian* 196.35
0752 Animal Specialty Service 88.20
0781 Landscape Architect* 196.35
0782 Lawn & Garden Service 147.00
0783 Tree Trimming 147.00
1520 Contractor - Residential 244.65
1530 Contractor - Building 244.65
1540 Contractor - General 244.65
1611 Contractor - Paving 244.65
1620 Contractor - Heavy
Construction 244.65
1623 Contractor - TV Antenna &
Tower 244.65
1624 Contractor - Underground
Utilities (Ref. 1623) 244.65
1625 Contractor - Concrete
(Ref. 1771) 244.65
1626 Contractor - Marine
(Ref. 1629) 244.65
1629 Contractor - Tennis Court 244.65
1700 Miscellaneous Specialty 88.20
1701 Asphalt Sealing & Coating
(Ref. 1799) 88.20
1702 Landscaping (Ref. 0782) 88.20
1703 Lathing (Ref. 1742) 88.20
1704 Residential Gutter &
Downspout Installation
(Ref. 1761) 88.20
SIC Description Fee
1705 Striping (Ref. 1721) 88.20
1706 Vinyl Clad Metal Shelving
(Ref. 1799) 88.20
1707 Mirror/Shower Door
Installation (Ref. 1799) 88.20
1710 Contractor - Irrigation
Sprinkler (Ref. 1711) 244.65
1711 Contractor - Plumbing 244.65
1712 Contractor - Air Conditioning
(Ref. 1711) 244.65
1713 Contractor - Mechanical
(Ref. 1711) 244.65
1714 Contractor - Fire Sprinkler
(Ref. 1711) 244.65
1715 Contractor - Refrigeration
(Ref. 1711) 244.65
1716 Contractor - Room Air
Conditioning (Ref. 1711) 244.65
1717 Contractor - Septic Tank
(Ref. 1711). 244.65
1718 Contractor - Solar Water
Heating (Ref. 1711) 244.65
1721 Contractor - Painting 244.65
1731 Contractor - Electrical 244.65
1732 Contractor - Communication
& Sound (Ref. 1731) 244.65
1733 Contractor - Burglar & Fire
Alarm (Ref. 1731) 244.65
1734 Contractor - Sign - Electrical
(Ref. 1731) 244.65
2006 S-27
2B Boynton Beach Code
SIC Description Fee
1741 Contractor - Masonry 244.65
1742 Contractor - Plastering 244.65
1743 Contractor - Tile, Terrazzo,
& Marble 244.65
1744 Contractor - Drywall
(Ref. 1742) 244.65
1745 Contractor - Insulation
(Ref. 1742) 244.65
1746 Contractor - Acoustical Tile
(Ref. 1742) 244.65
1750 Contractor - Window
(Ref. 1751) 244.65
1751 Carpentry & Cabinet
Installation 88.20
1752 Contractor - Flooring, NEC 88.20
1753 Contractor - Door (Ref. 1751) 244.65
1754 Contractor - Garage Door
(Ref. 1751) 244.65
1761 Contractor - Roofing 244.65
1762 Contractor - Roof Deck
(Ref. 1761) 244.65
1763 Contractor - Sheet Metal
(Ref. 1761) 244.65
1772 Contractor - Gunite
(Ref. 1771) 244.65
1781 Contractor - Well Driller 244.65
1791 Contractor - Reinforcing,
Iron & Steel 244.65
1793 Contractor - Glass & Glazing 244.65
SIC Description Fee
1794 Excavation/Grading 88.20
1795 Contractor - Demolition 244.65
1796 Contractor - Elevator 244.65
1797 Contractor - Sign - Nonelec-
trical (Ref. 1799) 244.65
1799 Contractor - Miscellaneous
Special Trade 244.65
1800 Contractor - Aluminum
Specialty (Ref. 1799) 244.65
1801 Contractor - Awnings
(Ref. 1799) 244.65
1802 Contractor - Boilers and
Pressure Piping (Ref. 1799) 244.65
1803 Contractor - Fence Erection
(Ref. 1799) 244.65
1804 Contractor - Liquified
Petroleum Gas (Ref. 1799) 244.65
1805 Contractor - Ornamental Iron
(Ref. 1799) 244.65
1806 Contractor - Pollutant
Storage Systems (Ref. 1799) 244.65
1807 Contractor - Pool/Spa
(Ref. 1799) 244.65
1808 Contractor - Pool/Spa
Service (Ref. 1799) 244.65
1809 Miscellaneous Contractor
(Ref. 1799) 244.65
2024 Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exceeding 2 persons 108.15
Not exceeding 4 persons 181.65
2006 S-27
Licenses 2C
SIC Description Fee
Not exceeding 6 persons 244.65
More than 6, not exceeding
10 persons 294.00
More than 10, not
exceeding 20 persons 367.50
More than 20 persons 551.25
2099 Manufacturer - Food
Preparation See 2024
2299 Manufacturer - Textile Goods See 2024
2389 Manufacturer - Apparel and
Accessories See 2024
2392 Manufacturer - Slipcovers 88.20
2396 Manufacturer - Fabricated
Trimmings See 2024
2399 Manufacturer - Fabricated
Textile Products See 2024
2431 Manufacturer - Millwork See 2024
2434 Manufacturer - Cabinetry See 2024
2439 Manufacturer - Structural
Members See 2024
2511 Manufacturer - Wood
Furniture See 2024
2512 Manufactured - Wood
Furniture, Upholstered See 2024
2515 Manufacturer - Mattresses See 2024
2591 Manufacturer - Window
Coverings See 2024
2671 Manufacturer - Plastic
Packaging See 2024
2711 Manufacturer - Newspaper
Publishing/Printing See 2024
SIC Description Fee
2759 Manufacturer - Commercial
Printing See 2024
2834 Manufacturer - Pharmaceutical
Preparations See 2024
2842 Manufacturer - Cleaning
Preparations See 2024
2844 Manufacturer - Cosmetic
Preparations See 2024
2899 Manufacturer - Chemical
Preparations See 2024
3083 Manufacturer - Plastic
Sheets/Rods See 2024
3089 Manufacturer - Plastic
Products, NEC See 2024
3231 Manufacturer - Glass
Products See 2024
3271 Manufacturer - Concrete
Block/Brick See 2024
3272 Manufacturer - Concrete
Products See 2024
3281 Manufacturer - Stone
Products See 2024
3354 Manufacturer - Aluminum
Extruded Products See 2024
3442 Manufacturer - Metal
Products See 2024
3446 Manufacturer - Ornamental
Metal Products See 2024
3479 Manufacturer - Coating
Application See 2024
3499 Manufacturer - Fabricated
Metal Accessories See 2024
2006 S-27
2D Boynton Beach Code
SIC Description Fee
3542 Manufacturer - Machinery/
Equipment See 2024
3559 Manufacturer - Special
Industry Machinery See 2024
3569 Manufacturer - General
Industrial Machinery See 2024
3571 Manufacturer - Computers See 2024
3599 Manufacturer - Machine
Shop See 2024
3629 Manufacturer - Electrical
Industrial Products See 2024
3663 Manufacturer - Communica-
tions Equipment See 2024
3679 Manufacturer - Electronic
Components See 2024
3728 Manufacturer - Aircraft
Parts See 2024
3861 Manufacturer - Photographic
Equipment Processing See 2024
3911 Manufacturer - Jewelry See 2024
3942 Manufacturer - Dolls See 2024
3949 Manufacturer - Sporting
Goods See 2024
3993 Manufacturer - Advertising
Specialties See 2024
3999 Manufacturer - Miscel-
laneous, NEC See 2024
4013 Railroad Company 196.35
4118 Ambulance Service
(Ref. 4119) 97.65 plus
33.60 per vehicle
SIC Description Fee
4119 Transportation Service,
NEC 97.65 plus
33.60 per vehicle
4121 Taxi/Limousine Service 97.65 plus
33.60 per vehicle
4131 Bus Service 97.65 plus
33.60 per vehicle
4173 Bus Service/Depot 97.65
4210 Trucking Service 73.50 per vehicle
4222 Cold Storage, per square foot
Warehouse, per square footage
fee schedule:
5,000 square feet or
fraction thereof 220.50
Each additional 5,000
square feet 21.00
4225 Warehouse - Storage, per
square foot See 4222
4493 Marina 88.20
4498 Marine Detailing (Ref. 4499) 88.20
4522 Air Transportation,
Nonscheduled 88.20
4724 Travel Bureau* 147.00
4725 Tour Operator 88.20
4731 Freight Forwarding Service 147.00
4780 Packing & Crating 147.00
4783 Express Company 294.00
4813 Telephone Communications 294.00
4822 Telegraph & Other
Communications 88.20
2006 S-27
Licenses 2E
SIC Description Fee
4841 Television Services 147.00
4899 Communication Services, NEC 88.20
4924 Natural Gas Distribution 294.00
4925 Liquified Petroleum Gas
Distribution 294.00
5099 Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $5,000 244.65
More than $5,000, not
exceeding $25,000 342.30
More than $25,000, not
exceeding $100,000 489.30
More than $100,000, not
exceeding $500,000 735.00
More than $500,000 880.95
5197 Advertising Specialties Sales
(Ref. 5199) 88.20
5211 Lumber Company, per
inventory See 5399
5261 Nursery: Trees/Plants, per
inventory See 5399
5399 Merchant - Retail, per inventory
Retail, per inventory fee schedule:
Not exceeding $5,000 97.65
More than $5,000, for
each additional $1,000
or fraction thereof 5.15
5411 Grocery, per inventory See 5399
5421 Market - Meat/Fish/
Poultry, per inventory See 5399
5461 Bakery 147.00
5511 Automobile Dealer* 196.35
5531 Auto Parts, per inventory See 5399
SIC Description Fee
5541 Gas Station 147.00
5699 Dressmaking Shop 58.80
5719 Blinds, Shades, Drapery 147.00
5810 Ice Cream Parlor 58.80
5811 Caterer 147.00
5812 Restaurant 3.41 per seat,
97.65 minimum
5813 Drinking Places 489.30
5912 Pharmacy, per inventory See 5399
5930 Antique Shop 147.00
Antique stores and auction
houses, selling only objects
of value such as quality
restored antiques, art
objects, jewelry, and the
like, but not used
merchandise generally.
5932 Used Merchandise Stores 147.00
5933 Pawnbroker 656.25
5944 Jewelry Shop, per inventory See 5399
5945 Handicraft Shop, per
inventory See 5399
5961 Mail Order/Catalog 88.20
5962 Vending Machine - Coin-Operated
(a) Amusement Vending Machines:
Each operator 196.88
In addition, for each
machine 26.25
2006 S-27
2F Boynton Beach Code
SIC Description Fee
(b) Service Vending Machines:
Each operator 65.63
In addition, for each
machine 26.25
(c) Merchandise Vending Machines:
Each operator 65.63
In addition, for each
machine as follows:
Requiring deposit
under .35 26.25
Requiring deposit
over .35 39.38
(Coin-operated Auto Wash and
Laundry Machines are
addressed separately, under
SIC 7543 and SIC 7215,
respectively.)
The following coin-operated
machines are exempt from
license requirements:
Cigarette vending machines
(F.S. 210.03)
Federal postage stamp
machines, Parcel checking
lockers, and Toilets
(F.S. 205.63)
Unadulterated Florida-
produced citrus juice
vending machines
(F.S. 205.632)
Furthermore, no license shall
be required for coin-operated
machines where the vending
machines are owned and
operated by charitable or
benevolent nonprofit organiza-
tions and where the entire
proceeds of such machines are
used solely for recognized
charitable or benevolent
SIC Description Fee
purposes. No license shall
be required for the operation
of any machines where such
machines are owned by a
person who is otherwise
licensed by the city, and such
machines are located and
operated at the owner's
regularly licensed place of
business.
5963 Vending - Mobile 88.20
5964 Ice Cream Truck
(Ref. 5963) 97.65 plus
33.60 per vehicle
5965 Lunch Wagon (Ref. 5963) 97.65 plus
33.60 per vehicle
5992 Florist, per inventory See 5399
5995 Optician* 196.35
5998 Auction Company
(Ref. 5999) 1,443.75
6020 Bank - Commercial 367.50
6030 Bank - Savings 367.50
6098 Check Cashing Agency 294.00
6099 Financial Services, NEC 294.00
6141 Investment & Trading 294.00
6162 Mortgage Company* 294.00
6163 Mortgage Broker* 147.00
6211 Broker - Securities* 294.00
6282 Investment Advice 88.20
6410 Insurance Agent 49.35
2006 S-27
Licenses 2F1
SIC Description Fee
6411 Insurance Company 88.20
6412 Medical Claims Processing
Service (Ref. 6411) 88.20
6513 Apartment Building 3.68 per room,
33.60 minimum
6514 Rental property four (4) units or less, including single family residential rentals 3.68 per room
33.60 minimum
Licensing Procedure:
Every rental unit used for residential living purposes in the city must be licensed. This includes rental property four units or less, including single family residential rentals, condominiums,
and mobile homes.
Licenses are issued for a period of twelve months, from October 1st to the following September 30th. They must be renewed annually. To avoid renewal late fees, rental license fees
are payable by October 1st. After January 30th, late renewals require a Code Compliance (interior and exterior) inspection of the property.
Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following:
(1) Apply for a new rental license;
(2) Schedule an inspection of the rental with the Code Compliance Division.
SIC Description Fee
If the inspection process should reveal Zoning, Bui
lding, Housing or Fire Code violations, they must be corrected and a re-inspection made by the appropriate depar
tment. The owner is given adequate time to correct any violations. All violations must be corrected before occup
ancy will be approved.
Any property that has been found in violation by a code compliance board of the city shal
l be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months
after the date of the hearing in which the property was found to be in violation.
The owner of a property that
has been found to be in violation by a code compliance board of the city shall be required to pay an inspection
fee of seventy-five dollars ($75.00) for each of the inspections required. The required inspection fees shall be
included as part of the administrative costs assessed by the city and shall be included in any liens filed by t
he city.
NOTE: Fees may change from time to time by Ordinance of the City Commission. The application and inform
ation forms for rental licenses are available at the Licensing Division of City Hall, 100 East Boynton Beach Bou
levard. It should be noted that post office boxes are not acceptable addresses for mailing purposes,
2006 S-27
2F2 Boynton Beach Code
SIC Description Fee
and actual street addresses are required on the application.
Designation of resident agent: No license shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city
the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent
any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides
within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address, and local telephone number of the person designated
by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt
of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to
inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person
who does not expressly comply with the provisions of this section.
SIC Description Fee
The owner or the resident agent shall be deemed to
be the “violator” as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be dee
med service of notice of the owner, tenant and violator.
6530 Property Management* 88.20
6531 Real Estate Broker* 88.20
6532 Real Estate Salesperson* 49.35
2006 S-27
Licenses 2G
SIC Description Fee
6541 Title Abstract Office 294.00
6552 Subdividers & Developers,
NEC 147.00
7011 Hotels & Motels 3.68 room,
33.60 minimum
7033 Trailer Parks &
Campsites 97.65 plus
3.41 per lot or site
7212 Laundry/Dryclean - Drop Only 97.65
7214 Carpet Cleaning, Mobile
(Ref. 7217) 88.20
7215 Laundry Machines, Coin-
Operated 65.63 plus
1.31 per machine
7216 Dry Cleaning Establishments 196.35
7217 Carpet/Upholstery Cleaning,
Commercial 196.35
7219 Laundry & Garment Services,
NEC 58.80
7221 Photography 147.00
7230 Beauty school 196.35
7231 Beauty Parlor, Etc.*
One chair 73.50
Each additional chair or
manicurist 19.95
7232 Nail Salon* (Ref. 7231)
One manicurist table 73.50
Each additional manicurist 19.95
7241 Barber Shops*
One chair 73.50
Each additional chair 19.95
SIC Description Fee
7251 Shoe Repair & Shoe Shine
Parlor 58.80
7261 Funeral Director* 196.35
7290 Debt Counseling Service
(Ref. 7299) 88.20
7291 Income Tax Service 147.00
7292 Valet Parking (Ref. 7299) 88.20
7293 Tanning Salon (Ref. 7299) 88.20
7294 Weight Loss Center
(Ref. 7299) 88.20
7295 Family - Home Child Care
(Ref. 7299) 88.20
7296 Dating Service (Ref. 7299) 88.20
7297 Electrolysis* (Ref. 7299) 88.20
7298 Massage Therapist* 97.65
7299 Miscellaneous Personal
Services, NEC 88.20
7311 Publication Service, NEC 147.00
7319 Advertising 244.65
7322 Collection Agency* 147.00
7323 Credit Association 147.00
7334 Photocopying/Duplicating
Service 88.20
7336 Commercial Art/Graphic
Design 88.20
7337 Typing Service 88.20
7338 Secretarial Services 147.00
2006 S-27
2H Boynton Beach Code
SIC Description Fee
7349 Janitorial Service 147.00
7359 Rental Service 147.00
7361 Employment Agency 88.20
7362 Nursing Registry 88.20
7370 Data Processing Service 88.20
7371 Computer Programming
Service 147.00
7376 Computer Services 88.20
7378 Computer Maintenance &
Repair 88.20
7379 Computer Related Services 88.20
7380 Private Detective* 88.20
7381 Security Service* 88.20
7384 Photofinishing Laboratories 147.00
7385 Books, Periodicals, News
Bureaus (Ref. 7389) 88.20
7386 Auto Broker (Ref. 7389) 147.00
7387 Messenger Service (Ref. 7389) 58.80
7388 Appraiser* (Ref. 7389) 196.35
7389 Business Services, NEC 88.20
7390 Handyman (No new licenses
only renewals) 147.00
7391 Interior Designer*
(Ref. 7389) 196.35
7392 Manufacturer's Representative
(Ref. 7389) 147.00
SIC Description Fee
7393 Telemarketing/Soliciting*
(Ref. 7389) 147.00
7394 Auctioneer* (Ref. 7389) 244.65
7395 Interior Decorator
(Ref. 7389) 147.00
7396 Agent or Agency (Ref. 7389) 88.20
7397 Answering Service (Ref. 7389) 88.20
7398 Arts & Crafts - Handmade
(Ref. 7389) 88.20
7399 Asbestos Consultant
(Ref. 7389) 88.20
7400 Boat Broker (Ref. 7389) 88.20
7401 Draftsman (Ref. 7389) 88.20
7402 Executive Office (Ref. 7389) 88.20
7403 Furniture Installation
(Ref. 7389) 88.20
7404 Home Demonstrator
(Ref. 7389) 88.20
7405 Import-Export (Ref. 7389) 88.20
7406 Interpretation & Translation
(Ref. 7389) 88.20
7407 Mail Depot (Ref. 7389) 88.20
7408 Music Recording Studio
(Ref. 7389) 88.20
7409 Paralegal (Ref. 7389) 88.20
7410 Pool Cleaning - NO chemicals
(Ref. 7389) 88.20
7411 Pressure Cleaning (Ref. 7389) 88.20
2006 S-27
Licenses 2I
SIC Description Fee
7412 Sign Painting & Lettering
(Ref. 7389) 88.20
7413 Water Softening Service
(Ref. 7389) 88.20
7414 Yacht Broker* (Ref. 7389) 88.20
7415 Merchandise Broker
(Ref. 7389) 88.20
7416 Financial Consultant
(Ref. 7389) 88.20
7417 Showroom (Ref. 7389) 88.20
7418 Courier Service (Ref. 7389) 88.20
7419 Aquarium Service (Ref. 7389) 88.20
7420 Religious/Charitable
Organization (Ref. 7389) 88.20
7421 Pet Sitting (Ref. 7389) 88.20
7422 Housesitting (Ref. 7389) 88.20
7423 Embroidery Service
(Ref. 7389) 88.20
7424 Diver - Commercial
(Ref. 7389) 88.20
7425 Inspection Service - No
Appraisal (Ref. 7389) 88.20
7426 Consultant (Ref. 7389) 88.20
7427 Mediation Counselor 88.20
7513 Truck Rental & Leasing 244.65
7514 Passenger Car Rental 244.65
7530 Auto Pinstriping (Ref. 7532) 88.20
SIC Description Fee
7532 Auto Body Shop, per number
of workers* See 2024
7536 Auto Glass Inatallation* 88.20
7538 Auto Mechanical Repair*,
per number of workers See 2024
7542 Car Wash 88.20
7543 Car Wash - coin-operated 97.65 plus
19.95 per machine
7544 Auto Detailing 58.80
7549 Automotive Services, NEC* 88.20
7550 Wrecker/Towing Service
(Ref. 7549) 73.50 per
vehicle
7551 Window Tinting (Ref. 7549) 88.20
7629 Appliance Repair 88.20
7631 Jewelry Repair 28.35
7641 Reupholstery, per number
of workers See 2024
7692 Welding, per number of
workers See 2024
7697 Locksmith, per number of
workers (Ref. 7699) See 2024
7698 Repair Shops, per number
of workers (Ref. 7699) See 2024
7699 Miscellaneous Repair Services,
NEC 88.20
7700 Mobile Repair (Ref. 7699) 88.20
7701 Bicycle Repair 88.20
2006 S-27
2J Boynton Beach Code
SIC Description Fee
7702 Screen Repair 88.20
7832 Motion Picture Theatre .47 per seat,
97.65 minimum
7910 Carnival or Circus
(Ref. 7999) 489.30
7911 Dance Studio/School 147.00
7922 Miscellaneous Theatrical
Services 88.20
7928 Adult Entertainment
(Ref. 7929) 1,050.00
A floor plan showing
square footage of building,
indicate portion to be
allotted for this use and
seating chart if applicable,
plus a site plan to show
the off-street parking,
shall be submitted for
review with the O.L.
application and filing fee.
7929 Entertainers & Entertain-
ment Groups 88.20
7933 Bowling Alley 49.35
per alley
7987 Martial Arts Instruction
(Ref. 7999) 88.20
7988 Fishing Guide (Ref. 7999) 88.20
7989 Boat Captain Service
(Ref. 7999) 88.20
7990 Athletic Clubs (Ref. 7991) 147.00
7991 Fitness Trainer 88.20
7993 Amusement Arcade, per
machine See 5962
SIC Description Fee
7994 Billiards (Ref. 7993) 49.35
per table
7995 Special Events (Ref. 7996) 147.00
7997 Bankruptcy Sale (Ref. 7389) 147.00
7998 Miscellaneous Recreation
Services, NEC 88.20
7999 Boats - Recreation
Small motor crafts, each 21.00
1 - 5 passenger capacity 73.50
6 - 10 passenger capacity 97.65
10 - 50 passenger capacity 147.00
Over 50 passenger capacity 244.65
8011 Physician* 196.35
8012 Psychiatrist* 196.35
8013 Ophthalmologist 196.35
8021 Dentist* 196.35
8031 Osteopath* 196.35
8034 Relaxation Therapist
(Ref. 8049) 196.35
8035 Psychotherapist (Ref. 8049) 196.35
8036 Psychologist (Ref. 8049) 196.35
8037 Physical Therapist
(Ref. 8049) 196.35
8038 Occupational Therapist
(Ref. 8049) 196.35
8039 Midwife (Ref. 8049) 196.35
8040 Mental Health Counselor
(Ref. 8049) 196.35
8041 Chiropractor* 196.35
2006 S-27
Licenses 2K
SIC Description Fee
8042 Optometrist* 196.35
8043 Podiatrist* 196.35
8044 Hypnotist (Ref. 8049) 196.35
8045 Dietitian (Ref. 8049) 196.35
8046 Clinical Social Worker
(Ref. 8049) 196.35
8047 Audiologist (Ref. 8049) 196.35
8048 Acupuncturist (Ref. 8049) 196.35
8049 Health Practitioners, NEC* 196.35
8051 Skilled Nursing Care
Facilities 147.00
8059 Nursing Care Facility,
NEC 3.41 per room,
33.60 minimum
8062 General Medical/Surgical
Centers* 196.35
8069 Hospital 147.00
8070 Diagnostic Lab (Ref. 8071) 88.20
8072 Dental Laboratory 196.35
8096 Nursing (Ref. 8099) 97.65
8097 Surgical Technician
(Ref. 8099) 97.65
8098 Hearing Aid Specialist
(Ref. 8099) 196.35
8099 Health & Allied Services, NEC 97.65
8111 Attorney* 196.35
8243 Computer Assembly/Setup 88.20
SIC Description Fee
8244 Business School 147.00
8249 Art School 147.00
8296 Ceramic Studio (Ref. 8299) 147.00
8297 Auto Driving School
(Ref. 8299) 147.00
8298 Piano/Instrument Instruction 88.20
8299 Schools & Education
Services, NEC 147.00
8322 Individual & Family Social
Services 196.35
8323 Counselor 88.20
8324 Marriage/Family Therapist*
(Ref. 8322) 196.35
8351 Day Care - Children 147.00
8361 Adult Congregate Living
Facility* 3.41 per room,
33.60 minimum
8399 Social Work Consultant* 88.20
8422 Aquarium 88.20
8610 Business Associations
(Ref. 8611) 88.20
8611 Real Estate Board 88.20
8711 Engineer* 196.35
8712 Architect* 196.35
8713 Surveyor* 196.35
8721 Certified Public Accountant* 196.35
8722 Bookkeeper (Ref. 8721) 88.20
2006 S-27
2L Boynton Beach Code
SIC Description Fee
8733 Research Organization 88.20
8742 Business/Management
Consultant 88.20
8748 Traffic Manager 88.20
8900 Construction Inspector
(Ref. 8999) 88.20
8998 Geologist* (Ref. 8999) 196.35
8999 Services, NEC 88.20
9991 Merchant - temp./regional mall
concourse
For four (4) or less temporary (less than a week), and portable, regional mall promotion activities with sales and located within any or all of the mall concourse areas, mall owners
shall pay a license fee of $131.25.
9992 Temporary retail/mall carts
Activities which would otherwise be subject to retail license fees, but which are temporary and portable and located in mall concourse areas, shall be charged a license fee of $39.38
for each three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the
mall allocates for temporary and portable retail locations within the mall for the twelve-month period commencing October the first of each year. Fees paid shall be subject to adjustment
to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve-month period and on written request from the mall operator.
The mall operator shall submit sufficient records to support its request for adjustment.
SIC Description Fee
9993 Itinerant or Transient Merchant
Covers persons who travel from city to city and s
ell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver g
oods, merchandise or services to the general public, and do not have a permanent place of business in the city.
Each person, per day 9.45
Each person, per week 49.35
Each person, per month 196.35
(I.D. registration required for each
person.)
Notes:
* Requires a license from one of the following:
Department of Professional Regulation, Department of Business Regulation, Department of Agriculture &
Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking
& Finance.
NEC - Not Elsewhere Classified
(Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5-95; Ord. No. 98-38, § 1, 9-15-98; Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-5. Provision for unlisted businesses or
occupations.
The city may hereinafter classify and issue business tax receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses
or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The business tax receipt tax established by the city for any business
not specifically listed herein shall be commensurate with the rate structure and classifications set forth on Exhibit “A” and shall be established by resolution of
2007 S-28
Licenses 3
the City Commission following application but prior to issuance of a business tax receipt for the unclassified business.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-6 Administrative remedy to challenge
classification or fee.
(a) Any person may protest the classification or fee applicable to that person provided:
(1) The person has made and filed an application for the issuance of a business tax receipt in accordance with the procedures set forth herein, and
(2) The person has paid the application fee or reapplication fee, when applicable, and
(3) The person has paid the business tax receipt fee requested by the city, and
(4) The business tax receipt has been issued.
(b) A protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar days following issuance of the business tax receipt. Failure to timely file a
protest constitutes a waiver of protest and no further challenge may be made by that person until renewal of the license, in which case the right to protest shall be revived for an additional
30 days following issuance of a renewal license.
(c) A protest, when timely filed, shall be processed as follows:
(1) The City Clerk shall forward the protest to the City Manager.
(2) The City Manager shall conduct a review of the protest and render a written report within 45 days of the filing of the protest. The City Manager shall consider any information
submitted by the person filing the protest and any information submitted
by the Business Tax Receipt Director. The City Man
ager shall limit her report to an evaluation of whether the tax which is being protested is based on a reasonabl
e classification and is uniform throughout the class.
(3) The City Manager's report shall be filed with the City Clerk and submitted to the City Comm
ission at the second meeting following filing of the report with the Clerk. A copy of the report shall be forwar
ded to person who filed the protest, along with a notice of the date on which the report is to be submitted to t
he City Commission.
(4) The City Commission shall review the protest and the City Managers report and shall either grant or deny the protest. If the pro
test is granted the City Commission shall adjust the classification or fee in accordance with their findings and
any tax previously paid by the protesting person, in excess of the adjusted tax, shall be refunded by the city.
(5) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach County, Florida. The Circuit Court review shall be de novo,
and the burden of proof shall be on the person initiating the action.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-7. Application and reapplication fees.
(a) Prior to the issuance of a business tax receipt a person shall file an application with the city. The application shall be on a form prescribed by the city, and shall be filed
together with such other documentation as hereinafter set or as required by state law. The form shall require disclosure of the Federal Identification Number or Social Security number
of the person to be licensed.
(b) Each new application for a business tax receipt shall be accompanied by an application filing
2007 S-28
4 Boynton Beach Code
fee in the amount of forty dollars ($40.00), which shall cover the business tax receipt inspections and review to be undertaken by the city zoning and license manager. Should additional
inspections for environmental, fire, or otherwise, be necessary due to the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour)
per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed inspections, the application may, upon payment of a reinspection
fee of ten dollars ($10.00) per reinspection, be reconsidered.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge.
Whenever the license tax depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information upon which the license fee is calculated.
The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a business tax receipt or, on request by the city, to the reissuance of
an existing license. Failure to accurately disclose variable factors shall constitute grounds for the denial of an application or the revocation of an issued license.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-9. Issuance of license.
(a) Upon payment of the required tax and compliance with all conditions required for issuance of a license, the business tax receipt administrator shall issue the license.
(b) The mistaken issuance of a license shall not be deemed to be a waiver of any provision of the City
Code nor shall the issuance of a license be construed to be a judgement of the city as to the competence of the applicant to transact the licensed business.
(c) No license shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances.
(d) No license shall be issued for an occupation where certification is required under state law unless proof of said certification is provided.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-10. Due dates.
Business tax receipts shall be sold by the city beginning August 1st of each year and are due and payable on or before September 30th of each year and expire on September 30th of the
succeeding year or at time of application for new license.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-11. Delinquency penalty.
Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent
(5%) penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty may not exceed twenty-five percent (25%) of the business tax receipt tax for
the delinquent establishment.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-12. Transfer of license.
(a) Transfer to new owner. Business licenses may be transferred to a new owner when there is a bona fide sale and transfer of the business and property used in the business. A transferred
license shall be valid for the same time period and at the same
2007 S-28
Licenses 4A
location for which it was originally issued. The original license shall be surrendered at the time application for transfer is made. A transferred license, after being approved, shall
be of the same force and effect as the original license. A person applying for such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not less
than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and shall present evidence of the sale or transfer of the business.
2004 S-22
4B Boynton Beach Code
Licenses 5
(b) Transfer to new location. Business licenses may be transferred from one location to another, subject to zoning regulations, within the city with approval and written authorization,
provided no change of ownership has occurred and the license classification in which the license was originally issued remains unchanged. A transferred license shall be valid for the
same time period for which it was originally issued at the new location. The original license shall be surrendered at the time application for transfer is made. A transferred license,
after being approved, shall be of the same force and effect as the original license. A person applying for such transfer shall pay to the city an application filing fee in the amount
of forty dollars ($40.00) and a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five ($25.00) dollars.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-13. Duplicate licenses.
Duplicate business tax receipts may be issued by the business tax receipt administrator. A fee of five dollars ($5.00) will be assessed for each duplicate license issued.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-14. Licenses to be posted or carried.
(a) Business tax receipts issued to businesses that have a permanent place of business within the city shall prominently display the current business tax receipt within the place of
business.
(b) In those occupations requiring business to be conducted outside of the permanent place of business, the license holder shall be required to produce the license upon request.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-15. Doing business not covered by license; license obtained by false statements void a
b initio.
No license issued under the provisions of this chapter shall protect any person from prosecution for transacting any business, trade or profession not covered by such license, or protect
any person doing business with a license issued upon any false statement of variable factors. Licenses that are issued based on false statements shall be considered as void ab initio
and shall not protect the holder thereof from prosecution for transacting business without a license. Falsification of information can constitute grounds for revocation of the business
tax receipt, for a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-16. Engaging in business without a license; penalties; prima facie evidence.
(a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable by license hereunder without first obtaining a business tax receipt. Any person
engaged in such business, profession or occupation without the required license shall pay a penalty of twenty-five percent (25%) of the full year license fee for such trade, in addition
to the license fee set forth herein.
(b) In addition, a person operating in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day
business is operated in violation of this chapter.
(c) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such trade, business, profession or
occupation, and the burden shall be upon the defendant to rebut same.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
2007 S-28
6 Boynton Beach Code
Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a) The specific penalties and enforcement mechanisms contained within this article are not exclusive remedies and shall not be construed as prohibiting the city from seeking other
fines and other remedies authorized by city, state, or common law.
(b) Any person subject to and who fails to secure a business tax receipt required by this chapter or any other ordinance of the city or law of the State of Florida, shall upon petition
by the city be enjoined by the circuit court from engaging in the business in which he has failed to secure said license, until such time as he shall secure same, including all costs
of such action.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
(a) The city may refuse to issue, reissue or transfer any license provided for in this chapter when:
(1) Issuance will result in the violation of applicable city, county, federal or state law, or
(2) When the City's Code Enforcement Board has issued an order finding a code violation and the violation has not been corrected, or
(3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any license on one of the foregoing grounds, the city shall notify the license applicant or license holder in writing the basis
for such refusal to issue, reissue or transfer a license with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for
denial.
(c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any business tax receipt granted under this chapter and issued to any person, whenever
it is made to appear
that the business method or operation or work being conducted or carried on by the licensee which constitutes the violation of any applicable city, county, or state law.
(d) An applicant who is denied issuance, reissuance or transfer of a license or whose license has been revoked may, within ten (10) calendar days of the denial or revocation, file a
written appeal of the denial or revocation to the Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk.
(e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary hearing. The initial burden of proof shall be on the City to establish that the refusal
or denial to issue, reissue or transfer a license is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt
from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order
with findings of fact.
(f) The decision of the Building Board of Adjustment shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court.
(g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed.
(h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation
fine.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-19. Special permits for nonprofit enterpri
se.
The city shall issue special permits, without payment of any license fees or other charges therefor, to any person or organization for the conducting or operating of a nonprofit enterprise,
either regularly or temporarily, when the applicant signs an affidavit that
2007 S-28
Licenses 7
the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose.
(a) Special permittee must conform. A person operating under a special permit shall operate his nonprofit enterprise in compliance with this section and all other rules and regulations.
(b) False affidavit. Any person signing a false affidavit pursuant to this section shall be subject to a five hundred dollar ($500.00) fine and/or sixty (60) days in jail.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-20. Special events.
(a) Permits for special events. It shall be unlawful to organize, conduct or participate in any special event on the streets of the city or at any of the city’s outdoor recreation facilities
unless a permit for such special event has been issued by the City Manager or his/her designee.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private
facility, street, sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies
any public area or building and preempts use by the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades,
walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by city ordinance. Merchandise
sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however, applicant must
still obtain the proper Building Permit. City of Boynton Beach Recreation and Parks Department events are exempt from this section.
Special Event Handbook. A publication issued by the City of Boynton Beach Recreation Department entitled “Special Event Handbook” which sets forth procedures for the application process
and city requirements for special event activities, and which is attached hereto as Exhibit “A” and made a part hereof. This booklet may be amended from time to time by the City Manager
or his or her designee, however Special Event Permit Fees shall be amended by resolution of the City Commission.
(c) Application for a special event permit.
(1) Any person or organization seeking to conduct a special event in the city shall file an application with appropriate fee, for a special event permit with the Recreation Department
on forms provided by the city, on or before the following deadlines prior to the event:
Expected Attendance Deadlines
(persons) (months)
Less than 500 One month
501 to 5,000 Three months
5,001 to 50,000 Six months
More than 50,000 Nine months
(2) All information solicited on the special event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application.
(3) For events with an expected attendance of 50,000 persons or greater, a letter of intent shall be filed at least one year prior to the event with the City Manager describing dates,
times and location of all event activities.
(4) Notwithstanding the foregoing procedure, the City Commission reserves the right to waive application filing deadlines on a case by case basis.
(d) Standards for issuance of permit. A special event permit shall be issued by the Recreation Department unless:
(1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Special Events Coordinator;
2006 S-27
8 Boynton Beach Code
(2) All of the conditions set forth herein and all contractual requirements imposed by the city, if any, have not been or will not be met;
(3) The special event will interfere with or unduly burden the city’s provision of municipal services to the community including but not limited to police, fire and emergency medical
protection, water and sanitary sewer service, and solid waste removal;
(4) The public benefit provided by the event has not been demonstrated;
(5) The appropriate fee established by resolution of the City Commission has not been paid.
(e) Conditions for permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions:
(1) The public area utilized shall be cleaned up following any special event and in all respects restored to its former condition. A refundable security bond, or similar financial
pledge, may be required in amount to be determined by the Recreation Department, to ensure that any damage is repaired and the premises returned to its previous condition.
(2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the Recreation Department and/or the City Manager if such would result in permanent
damage to city property or constitute a hazard to public safety.
(3) A detailed site plan shall be submitted showing the locations of any tents, port-o-lets, parking lots, stages, booths, and the like, and the time periods for set up and break down
of the event. This plan shall be subject to review and approval by city and staff.
(4) All city ordinances, rules or regulations applicable to the use of the city property on which the special event will occur shall be obeyed, unless specifically waived by the City
Commission.
(5) Indemnification and insurance to protect the city shall be provided as required by the City's Risk Management Department.
(6) Unless extended by the Recreation Department and/or the City Manager, all permits necessary to conduct the special event shall be obtained and copies thereof provided to the
city not less than 14 days prior to the first day of the event.
(7) When a city employee is required at a special event, he/she shall complete, within 30 working days of the conclusion of the special event, an evaluation of the event on forms provided
by the city. The permit holder for the special event will be provided with a copy of said evaluation. The need for a city employee at the special event will be determined by the City
Manager or his/her designee.
(e) Enforcement/penalty. It shall be unlawful to operate or hold any special event in the city without compliance with this section. Failure to comply with this section shall be deemed
a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01-19, § 1, 4-17-01; Ord. No. 03-025, § 1, 6-17-03)
Sec. 13-21. Registration and regulation of contractors
Contractors and specialty contractors, unless exempt as described in Florida Statutes, Section 205.065, who do not maintain a location or branch office in the city but who conduct business
within the city shall be required to register with the city before conducting business within the city. Contractors who are holders of a valid countywide municipal contractor's license,
in addition to a Palm Beach County Occupational License, shall be required to register, show proof of the countywide municipal license and pay a registration fee of two dollars ($2.00).
Contractors who are not holders of a valid countywide municipal contractor's license shall be allowed to register and the fee schedule shall be set
by ordinance.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
2006 S-27
Licenses 9
Sec. 13-22. Professionals, licenses.
Each professional, engaged in the practice of any profession, shall be required to obtain an individual business tax receipt.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-23. Home occupational license fees.
Licenses for home occupations, when otherwise permitted, shall pay the same fee for such business, profession or occupation as would otherwise be payable if the occupation were conducted
in a non-home location.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-24. Coin-operated vending machines.
(a) A license is required for all vending machines, except that the following coin-operated machines are and shall be exempt from license hereunder:
(1) No license shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire
proceeds of such machines are used solely for recognized charitable or benevolent purposes.
(2) No license shall be required for the operation of any machines where such machines are owned by a person who is otherwise licensed by the city, and such machines are located and
operated at the owner's regularly licensed place of business.
(b) Proprietors of places of business and/or owners of record of the premises in or on which vending machines are placed shall be jointly and
severally responsible for the vending machine license if not otherwise paid.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the business tax receipt application, whether the business would use, handle, store, generate, or display
hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004,
Florida Administrative Code, in which case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 2, 4-20-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-26. Businesses that tow vehicles.
(a) Any person or firm that tows or removes
vehicles and proposes to require an owner, operator, or person in control of a vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on
record with the City Police Department a complete copy of the current rates to be charged for such services, post at the storage site an identical rate schedule, and provide the current
rate schedule with any written contracts with property owners, lessors, or persons in control of property which authorize such person or firm to remove vehicles.
(b) Any person or firm towing or removing any vehicles from private property without the consent of the owner or other legally authorized person in control of the vehicles shall, on
any trucks or other vehicles used in the towing or removal, have clearly indicated, in at least two-inch letters such person's or firm's name, address and telephone number on the driver
and passenger side doors.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
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Sec. 13-27. Identification of vehicles used in business or occupation.
Any and all trucks or other vehicles operated or used in connection with any contracting, building, delivery, maintenance, repair service, manufacturing business or occupation conducted
within the municipal limits of the City of Boynton Beach, Florida, shall have painted or otherwise prominently displayed in a visible and legible manner upon such truck or other vehicle,
the name and address of the business in which such truck or other vehicle is used. Such information shall be displayed on both sides of the vehicle, and the letters included in such
sign shall each be a minimum height of two inches.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-28. Licensing of used car lots.
(a) Approval required. Prior to the issuance of any business tax receipt authorizing the operation of a used car lot within the city, such license must be approved by the City Commission.
In addition to the other requirements set forth in this section and other existing sections of the Code, if it is the judgment of the City Commission that the issuance of such license
shall result in increasing or creating fire, traffic or other dangerous hazards, endangering children or the general public, the emission of offensive noise or noxious odors, or otherwise
constitute an objectionable nuisance, or otherwise be detrimental to the health, safety and general welfare of the community, and in the absence of counterbalancing public demand for
the issuance of such license in the vicinity in question, the Commission may refuse to issue such license. The requirements set forth in this subsection shall be applicable regardless
of the zoning classification of the property location connected with any such license application contemplated herein.
(b) Restrictions authorized. In addition, the City Commission may, in connection with the approval and issuance of any such license, to impose reasonable restrictions or requirements
upon the operation of such business relative to installation of sanitary and office facilities, paving and lighting
installation, landscaping and reasonable hours and times of business operation.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Secs. 13-29 — 13.51. Reserved.
ARTICLE II. GARAGE SALES*
*Note-See the editor's footnote to Ch. 13.
Sec. 13-52. Defined.
A “garage sale,” as used in this article, is hereby defined to mean any sale or offering for sale of personal property by a member of a family or other household unit, said personal
property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present
residence of such family or household. “Garage sale” shall include sales commonly referred to as patio sales, driveway sales, yard sales, and other such sales. “Garage sales” shall
not include the sale or offering for sale of any goods on consignment. It shall include the sale or offering for sale of goods of more than one family or household.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-53. Exception to article provisions.
The provisions of this article shall not apply to sales of personal property made pursuant to a valid order of a court of competent jurisdiction.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-54. Permit required.
No garage sale may be conducted within the city without a permit having been first issued for such sale by the building official.
(Ord. No. 83-10, § 1, 5-17-83)
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Sec. 13-55. Written statement required.
Prior to issuance of any garage sale permit the person conducting such sale shall file a written statement with the building official setting forth the following information:
(a) The person's interest in the residential property such as ownership, current lessee or such other control as the person may have.
(b) Ownership of the property to be sold.
(c) Purposes for which the property to be sold has been previously used.
(d) Affirmative statement that the property to be sold was neither acquired nor consigned for the purposes of resale.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-56. Permit fee.
There shall be an administrative processing fee of two dollars ($2.00) for the issuance of a garage sale permit.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-57. Limitation on number of permits.
Only two (2) garage sale permits shall be issued to one residence, family or household during any calendar year.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-58. Conducting a garage sale without a
permit or under a permit issued
under false statements; penalties;
prima facie evidence.
It shall be unlawful for any person to engage in or conduct a garage sale, as defined herein, without a permit or under a permit issued upon false statements made by such person or
in his behalf.
In addition, a person operating a business in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for
each day business is operated in violation of this chapter.
In any original prosecution under this section, the fact that such person is open for business shall be prima facie evidence of engaging in such trade, business, profession or occupation,
and the burden shall be upon the defendant to rebut the same.
(Ord. No. 83-10, § 1, 5-17-83)
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1999 S-10