O81-17omn ' CE m, 81- /'7
OF LICENSE", BY
OF THE LICENSE",
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYMION BEACH, FLORIDA, AMENDING CHAPTER 13 OF
THE BOYM1E~ BEACH CITY CODE, 1981 CODIFICATION
"LICENSES"; SECTION 13-2 "REGISTP~TION RE-
QUIRED; FEE; BASIS OF ONE FISCAL YEAR; PENALTY"
AMENDING SECTION 13-3 "APPLICATION FOR LICENSE";
SECTION 13-9 "SPECIAL PEM~ITS TO NON-PROFIT
ENTERPRISES" ~BY pP~DVIDING FOR AN AFFIDAVIT
UPON APPLICATION AND PROVIDING PENALTIES FOR
FALSE AFFIDAVITS; SECTION 13-10 "DECLARATION
WHERE FEE DEPENDS ON VARIABLE FACTORS WITHIN
APPLICANT'S KN~"; SECTION 13-11 "TRANSFER
FEE, POSTING" BY PRO-
OF LICENSE; DUPLICATE;
VIDING FOR A CITY OCCUPATIONAL LICENSE CLERK;
ENACTING SECTION 13-16.1 "EFFECT OF ISSUANCE
A
13-16
PROCEDURE;
LICENSE ISSIK~
LICENSE";
APPEAL
' 'ENGAGI2~G
UNDER A
PENALTIES;
19
~OF
FOR] 13-21
OR ' %tANDY-
DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COI~CIL OF THE CITY OF
~DYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 13, Licenses, of the Codified Ordinances of
Section 13-2, "Registration required;
basis of one fiscal year; penalty", is hereby amended to read as follows:
Sec. 13,2. Registration requested; fee; basis of one fiscal year~;
the City of Boynton Beach, Florida,
fee;
penaltx...
Any person who engages in any business, occupation, or profession
within the municipal boundaries of the City of Boynton Beach, Florida, not
required to be licensed hereunder, shall be registered annually with the
g~y-Mamage~ City Occupational License Clerk by executing an information form tc
be provided by the city and by paying to the ~y-Mmnmge~ City Occupational
License Clerk a registration fee of ~ve-~stta~s-~b=00) Ten dollars ($10.00)
Anyone violating this provision by failing to register the required information
~th the G~y-B~uitRfmg-Og~ie~at City Occupational License Clerk shall be deemed
guilty of a misdemeanor punishable as provided hereinafter.
Section 2. That Chapter i~,, Licenses, of the Codified Ordinances
of the City of Boynton Beach, Florida, Section !~ "Application for License",
is hereby amended to read as follows:
Sec. ]~,3~3 Application for license.
Before the city shall be required to issue a license for engagin~
k~ or carrying on any of the businesses or professions or occupations specified
and set forth herein, it shall be the duty of the applicant to file an appli-
cation with the ~y~B~it~fmg-O~e~a! City Occupational License Clerk, such
application to be in the form required by the city. Am~-s~eR-appt~eam~-shatt
~e-~eq~ti~ed- ~e- ~f sh- ~e- ~he- e~y- ee~e~t- s~eh-e~he~- fafem~a~ea-~e~- eem~afae~
fa- ~he- app t~ea~em-as-~he- ee~e~t-may- ~eg~f~e.
Section 3. That Chapter 1~3,~ Licenses, of the Codified Ordinances of
the City of Boynton Beach, Florida, Section I~9, "Special permits to nonprofit
enterprise", is hereby amended to read as follows:
Sec. I~:~, Special permits to nonprofit enterprise.
The City Occupational License Clerk shall issue special permits,
without payment of any license fees or other charges therefor, to any person
or organization for the conduct or operation of a nonprofit enterprise, either
regularly or temporarily, whem-he-ffmds-~ha~ when the applicant signs an
affidavit tbmt the applicant operates without private profit, for a public,
cbmritable, educational, literary, fraternal or religious purpose.
<a)--Apptfea~fem-~e~-speefat-pemaf~=--Am-apptfeam~-fe~-a
speefat-pem~i~- shatt- s~amf~- am-app tfea~fem-~he~efe~-- ~e- ~he- ef~y-ete~kv_~pea
fe~ms -p~esewf§ed-§y- safd-e~ffee~-amd-app~ewed-~y-~he- ef~y-ee~mef tv-amd- s~mtt
f~afsh- s~eh-adelf{femat- ~afemaa{fem- amd-maRe - s~eh- af~fdav~{s - as- ~he- ef~y
ee~meft-may-~eg~i~e=
ih) (a) Special permittees must conform. A person operating
under a special permit shall operate his nonprofit enterprise in co~pliance
~ith this section and all other rules and regulations.
(b) 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 the county jail.
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Section 4. That Chapter 1~3~, Licenses, of the Codified Ordinances of
the City of Boynton~ Beach, Florida, SectionI3~p?Declaration where fee
depends on variable factors, within applicant's knOWledge", is hereby amended
to read as follOWs:
Sec. 1
Declaration where fee depends on var~mble factors
within .applicant's knOWledge.
Whenever the amounn 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 the number of seats or spaces in a
restaurant, etc., or the number of employees, or the number of vehicles, or
any other facts not within tb~ personal knOWledge of the e~y-b~tdimg-effieia½
City Occup. ational License Clerk, no license shall be issued until the applicant
therefor has made and filed with the ei~y-b~it~img-sffieiat City Occupational
License Clerk a declaration setting forth the amount of stock in trade, the
number, of sleeping rooms, tbm amount of invested capital, the number of seats
or spaces, the number of employees, the number of vehicles, or other facts
upon which the anmnt of such license depends, ~hich to the best of the appli-
cant's knOWledge and belief is true, correct and complete.
Section 5. That 'Chapter 1'.3,, Licenses, of the Codified Ordinances
of the City of Boynton Beach, Florida, Section 13-I! "Transfer of license;
duplicate; fee, posting", is hereby amended to read as follOWs:
Sec.13;~1%, Transfer of license; duplicate; fee, posting.
(a) Transfer to n~,~ owner. Business licenses granted or
issued under the provisions of this chapter may be transferred with the
approval and written authorization of the ei~y-b~it~img-~ffie~at City Occupa-
tional License Clerk endorsed thereon, with the business for which they were
taken out vixen 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 olace than that for which it was original]
issued; provided, that the original license shall be surrendered to and filed
with the ei~y-mamage~ City Occupational License Clerk 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
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such license is transferred, the person applying for such transfer shall pay
to the e~y-~it~mg-s~e~t .City 0cc~,. ational License Clerk a transfer~ fee
of three dollars ($3.00) and shall present evidence of the .sale.
(b) Transfer to new location. Business licenses may also
be transferred from~ location to location with the approval and written authori-
zation of the e~y-~it~mg-s~e~at 'City Occupational License Clerk endorsed
thereon, 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 ei~y
~it~mg-s~e~at City Occupational License Clerk 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 e~y
mamage~ City Occupational License Clerk a fee in the amount of three dollars
($3.00).
(c) Duplicate. The ei~y~b~it~g-sff~eiat City Occupational
License Clerk shall make a charge of one dollar ($t.00) for each duplicate
license issued to replace any license issued under the provisions of this
chapter which has been lost, stolen, defaced or destroyed, without any willful
conduct on the part of the licensee, upon the filing by the licensee of a
statement attesting to such fact.
(d) Posting of licenses. Ail licenses granted hereunder
shall be posted in a conspicuous place on the premises where the .licensed
buisness is being conducted, either stationary or mobile or in case of solicitoz
and canvassers, said license nust be carried upon their person.
Section 6. That Chapter 13, Licenses, of the Codified Ordinances
of the City of Boynton Beach, Florida, SectionlIL-l~ is hereby repealed and
a new Section]l~-~,~B~ "Issuance, suspension of revokation 'of license; appeal
procedure" is hereby enacted to read as follows:
Sec. 1L3-~I',B.. Issuance, suspension of revokation of license;
appeal procedure.
No license shall be issued unless it is found that the proposed
business and location comply with the City Zoning C~de and other apolicable
City Ordinances.
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No license sbmll be issued for an occupation wh~re certification
is required under state law unless proof Of said certification is provided.
A license may be suspended or revoked upon a fin_d~ng that thc
e ~
business is .op rating in viol ation of the City-COde.
An initial det~
made by the Building Official
The applicant
cation in writing from the CJ
or revokation to appeal the
priate city official to the
filed with the ~City Clerk in
~.rmination upon issuance or revokation wi] ! be
. or other appropriate city offic~].
lhall have ten (10) days after receiving, notifi-
.ty Occupation~] License Clerk of the suspmn~ion
~termination of the Bu/]d~ng Offiaim~l or appro-
:ity Council. The request for-appma] shin ll be
writing.
Within fifteen (15) days after receipt of the app~s], the Cit~K
Council
shall
hold
a
quasi
j~dicial he~ in the dep~l of-th~ licensq
application or the suspens~ or revokation.
Section 7. Chapter-I3]~ Licenses' of the Codified Ordinances of the
City of Boynton Beach, Florida,'~ is hereby amended by the enactment of a new
Section il3-~.16L~l"Effect of
sbmll read as follows:
Sec. L~i~!6. ,~
The issuance
cant has paid the appropriate
I~suance of License". The new enacted section
~fect of Issuance of License.
a license shall marely indicate that the appli-_
occupationm] license
The mistaken is:iuance of a license shall not be deemed to be a
waiver of any provision of the City Code nor sbm~l the ismmnce of a licensn
be construed to be a 3udgment of the City as to. the c~etence of the app] i_-
cant to transact the licenSed busin~.~s.
Section 8 Cha ter ]23 L
· p rI , icenses, of the Codified Ordinances of the
City of Boynton Beach, Flori~, is hereby amended by the enactment of a new
°f licenses'
Sectionil3~i,.2, "Posting ' The new enacted section shall read
as follows:
Sec. t3-16~, osting of Licenses. Ail occupational licenses
issued to a business that has a pmrm~nmnt place of business within the City
shall display the sane promine.~tly within its p]~_ce of business.
In' those occu a t~ '
.p 'ons without a permanent p~mce of business,
licenseholder shall be requi~ed to produCe the license upon req~est.
the
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Section 9. That Cbmpter ]2~, Licenses, of the Codified Ordinances
of the City of Boynton Beach, Florida, Section ~.~ "Engaging in Business
Without a License or Under a License Issued Upon False Statements;~ Penalties;
Prima Facie Evidence,', shall hereby be amended to read as follows:
Sec.· 1,3-~6~+ En4gaging in business without license or under ~
license issued upon false statements;~ peps]ties;
prima facie evidence B
It shall be unlawful for any person to engage in any business,
profession or occupation tastable by license hereunder without a license or
under a license issued upon false statements made by such person, or. in his
behalf. Any person engaged in such business, profession or occupation without
first obtaining a license, if required herein, 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, in accordance with Florida Statutes §205.053.
In addition, a person operating'a busipmms in violation of thJ ~
.chapter shall 'be sub3ect to a fine of up to Five Hundred Dol~lars ($500.00)
a day and/or sixty (60) days in jail for emch day business is operated ~n
violation of this cbmpter.
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 sbmll be
upon the Defendant to rebut the same.
Section 10. That Chapter I3]~, Licenses, of the Codified Ordinances
of the City of Boynton Beach, Florida, Section 13'l]9'~ethod of Collection
of Delinquent License~Taxes Generally; Liens", is hereby repealed and a new
Section 13-19 '%{ethod of Enforcement; Injunction" is .hereby enacted to read
as follows:
Sec. I3~-19.. Mmthod of Enforcement; Injunction.
Any person subject' to and who f~].~ to pay a l~cense privilege
tax required by this or any other Ord~nmnce of the City or l~_ of the Statn
of Florida, shall upon petition by the City' be enjoined by the Circuit Court
frem engaging in the business for which he bas failed to pay said licmn~e,
until such time as he shall pay the s~me with all costs of such action.
-6-
Sec. 13-21. Identification of vehicles used in business or
occupation.
(a) Any and all trucks or other vehicles operated or used in
connection with any contracting, building, delivery, maintenance, repair
service, or manufacturing business or occupation conducted witbin the rmmi-
cipal limits of the City of Boynton Beach, Florida, as more particularly define~
under the provisions of Section 15-1 of this Code, (excluding, however, any
profession included under the professional classification section of the City's
occupational license tax schedule) shall have painted or otherwise prominently
displayed in a visible and legible manner upon such truck or other vehicle,
the n~ne and address of the business in which such truck or other vehicle is
used. For the purpose of this section, such information shall be painted
on both sides of the vehicle and the letters included, in such sign shall
each be a minimum height of two (2) inches.
~--Amy-aad-a½t - ~Feehs -e~-e~hew -vek~e tes-epe~a~ed- e~-~se~
e~: b-Y-as-p~ev~deel-by-~Wis- see~ ~om7 -the-pe½iee-effiee~,- shall ~wama- ~he-~fver
o~-~he-ewme~-e~-saf:~-veh~e½e-~e-see~e-sa~el_deea½_w~_ ~_ ~)_b~s ~ess
~ays -amd- skat t -me~ -ma~e-am-aw~es~.-fe~ _ said_emmiss iem,~ates s _a~_~e_ ewpi~a~iem
el- ~he-wa~-pewie~7-~J~e~e-has-beem-a- faitu~e_~e_ eemp ty.
Section 13. That Chapter 13, Licenses, of the Codified Ordinances of
the City of Boynton Beach, Florida, is hereby amended by adding Section
13-22 "Handyman and Repair License" which reads as follows:
Sec. 13-22. Handyman ~nd Repair License.
No License shall be issued for the occupations of handym~n, borne
repairman or buildiog repair,mn tO any person or corporation that does not
hold an effective occupatiopml license for those professions on the effective
date of this ordinance. Any person or corporation fm~l~ng to renew the afore.
--7--
license in a timely m~_nner as provided in tb~.~ chapter shall forfeit
the right to obtain the aforesaid handym~n, b~ repiner or building reps;r
license.
Section 14. That all ordinances of the City or parts of ordinances
in conflict herewith are hereby repealed.
Section 15. That should any section or provision of~ this ordinance
or any portion hereof, be declared by a court of ccmpetent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 16. That authority is hereby granted to codify said
ordinance.
Section 17. That this ordinance shall become effective inmediately
upon its passage.
FIRST READING this ~ day of ~. ___, 1981.
SE0~ ~~ a~ =~ ~=SA~E t~is ~ ~ay o~ ~
ATIEST:
CITY OF BOYNTON BEACH, FLORIDA
City Clerk
Corp. Seal
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