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O79-08ORDINANCE NO. 79- ~ AN ORDINANCE OF THE CITY OF BOYN'TON BEACH, FLORIDA, AMENDING SECTIONS !5-2, 15-3, 15-4, 15,7, 15-8(a), 15-8(b), 15-8(c), 15-17.2(b), 15-23 AND 15-24 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, BY PROVIDING THAT THE OCCUPATIONAL LICENSE ORDINANCES OF THE CITY OF BOYNTON BEACH', BE ADMINISTERED BY THE CITY MANAGER INSTEAD OF THE CITY BUILDING OFFICAL; PROVIDING A-REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Occupation License Ordinance of the City of Boynton Beach, Florida, Chapter 15 of the Codified Ordinances of the City of Boynton Beach, be amended to provide for their administration by the City Manager instead of the City Building Official, and that therefore the following Sections of the Code of Ordinances of the City of Boynton Beach, Florida, be amended to read as follows: "15.2 Registration required; fee, basis of one fiscal year; penal ty. 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 with the city manager by executing an information form to be provided by the city and by paying to the city manager a registration fee of five dollars ($5.00). Any- one violating this provision by failing to register the required information with the city manager shall be deemed guilty of a misdeameanor punishable as provided hereinafter. 15.3 Application for license. Before the city shall be requried to issue a license for engaging in or carrying on any of the businesses, professions or occupations specified and set forth herein, it shall be the duty of the applicant to file an appli- cation with the city manager, such application to be in the form requried by the city, and such applicant shall be required to furnish to the city council such other information not contained in the application as the court- cil may require. 15.4 Issua:nce of license; duration; hal f-year license; when due and payable; delinquency. Upon payment o.f such tax, the city manager shall issue to the person paying the same, a receipt for license signed by such city manager, which receipt or license shall expire at the end of the period for which such license is issued as hereinabove specified. 15.7 Dec'larati on ',where fee depends on variable factors within applicant' s knowl edge. Whenever the amount of the license applied for depends upon the amount of stock in trade carried by the applicant, or the number of sleeping rooms in a hotel, motel, apartment or rooming house, etc., or the amount of capital invested in the business, or 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 the personal knowledge of the city manager, no license shall be issued until the applicant therefor has made and filed with the city manager a declaration setting forth the amount of stock in trade, the number of sleeping rooms, the amount of invested capital, the number of seats or spaces, the number of employees, the number of vehicles, or other facts upon which the amount of such license depends, which to the best of the applicant's knowledge and belief is true, correct and complete. 15.8(a) Transfer of license; duplicate; fee, posting. (a) TRANSFER TO NEW OWNER. Business licenses granted or issued under the provisions of t~s chapter may be transferred with the approval and written authorization of the city manager 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; provi~ded, that the original license shall be surrendered to and filed with the city manager 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 manager a transfer fee of three dollars ($3.00) and shall present evidence of the sale. -2- (b) TRANSFER TO NEW LOCATION. Business licenses may also be transferred from location to location with the approval and written authori- zation of the city manager 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 origi~nally issued; provided that the original license shall be surrendered to and filed with the city manager at the time applica- tion 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 manager a fee in the amount of three dollars ($3.00). (c) DUPLICATE. The city manager shall make a charge of one dollar ($1.00) for each duplicate license issued to replace any license issued under the provisions of this chapter which has been lost, stolen, de- faced or destroyed, without any wilful conduct on the part of the licensee, upon the filing by the licensee of a statement attesting to such fact. 15.17.2(b)Any and all trucks or other vehicles operated or used in connection with any business or occupation, as more particularly defined in subsection (a) hereinabove conducted within the municipal limits of the City of Boynton Beach, Florida, shall have affixed thereto in a visible location, a decal identifying said vehicle, which decal shall be coded in such a manner as to make available to the city or other inter~ced persons, the name and address of the business or occupation in which said truck or other vehicle is used. Such decal shall be prepared by the officer. In the event any of the vehicles have a declal but notwithstanding are 'propel city as provided by this section, the police the owner .of said vehicle to secure said de and shall not make an arrest for said omiss' the warning period, there has been a failur~ 15.23 Same-Official form; postin The city manager shall issue the lio ~ity manager and issued by said lentioned in this section do not · ly and duly licensed in the officer shall warn the driver or al within two (2) business days on unless at the expiration of to comply. ; transfer; name and number. nse herein provided for on -3- forms to be adopted by the city manager. Such licenses shall be pased on or otherwise securely fastened to the machine so licensed and it shall be unlawful to transfer any license from one machine to another. Each license, except on operator's license, shall bear the name and number of the machine. 15.24 Same-Number limited; order of issuance. The city manager of the city shall not issue any license for any machine under the provisions of this article which shall be in excess of one such machine to each two hundred (200) persons in the city, according to the last state, federal or municipal census. All such licenses as shall be issued by the city manager under the provisions of this article shall be issued in the order in which applications therefor are made, and in no other manner.. Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repeal ed. Section 3. That should any section or provision of this Ordinance, or any portion thereof, be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage. FIRST READING this 2__0%h day of February, 1979. SECOND, FINAL READING and PASSAGE this 6th day of March., 1979. Vi ce ayor ATTEST City Clerk (Corp. Seal ) ~ Cou~ Member ~ / 'uncil M~-.-b~r~ -4-