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.
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(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
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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~
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