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12-0121 ORDINANCE 12 -012 2', 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 13 OF THE CITY CODE 5 OF ORDINANCES TO REQUIRE A CERTIFICATE OF USE 6 AS A CONDITION PRECEDENT TO OBTAINING A 7 BUSINESS TAX RECEIPT; AMENDING CHAPTER 13, 8 ARTICLE I BY REMOVING SECTION 13 -28, "LICENSING 9 OF USED CAR LOTS" IN ITS ENTIRETY; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances to 15 provide for a mechanism to insure that a business use is compatible with local zoning and building 16 occupancy requirements; and 17 WHEREAS, the City Commission wishes to establish a Certificate of Use process, as a 18'1 prerequisite to obtaining a local Business Tax Receipt; and 19 1 1 WHEREAS, the Certificate of Use will insure that a business is allowed in the zoning 20 ; district in which it is located, and will verify that the structure can accommodate the proposed type 21 1 of business; and 22 j WHEREAS, a Certificate of Use be issued only after the approval of all required 23 inspections of the premises, and a determination that the buildings, structures, or uses are `I 24 % j consistent with the terms of the City's Code of Ordinances and any other applicable Codes and 25 11 Statutes; and 261 WHEREAS, the City Commission finds that amending the City's Code of Ordinances in 27 accordance with the provisions set forth herein is in the best interest of the citizens and residents of 28 the City. 29 -1- i 1 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY I 2 ! OF BOYNTON BEACH: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 4 1 being true and correct and are incorporated herein by this reference. 5 Section 2. Chapter 13 of the City's Code of Ordinances is hereby amended to read as 6 follows: 7 SEE EXHIBIT "A" WHICH IS ATTACHED HERETO AND 8i INCORPORATED HEREIN BY REFERENCE 9' 10, Section 3. The City Clerk is directed to forward a copy of this Ordinance to the 11 publisher of the City of Boynton Beach Code of Ordinances. 12; Section 4. Each and every other provision of the Code of Ordinances not herein 1311 specifically amended, shall remain in full force and effect as originally adopted. ' 14 Section 5. All laws and ordinances applying to the City of Boynton Beach in i y Y 151 conflict with any provisions of this ordinance are hereby repealed. i 16' Section 6. Should any section or provision of this Ordinance or any portion thereof 17'. ' be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 181 8 remainder of this Ordinance. 19 Section 7. Authority is hereby given to codify this Ordinance. 20 i Section 8. This Ordinance shall become effective immediately upon adoption. 21 FIRST READING this 5 day of June, 2012. i -2- l; SECOND, FINAL READING and PASSAGE this 2 3 4 6j 7 911 10 1 l� 12'. 14' 15 I& 17' I& 19! 20 21 22 23 24 25 26 27 +. 28`'. i' day of j u. ( Y , 2012. CITY OF BOYNTON BE CH, FLORIDA Mayor -_ L. Hay ice ayor — ack McCray i Comrr�i�si��er — WillianT � 3 Conupiss u r - 81even z" Commissioner — Marlene Ross ATTEST: -�00 - A A " LL- Vv Jn t M. Prainito, MMC Clerk Chapter 13 LICENSES* Art. I. : »:b:. _f ._.,,:,_! iffilS (less 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 1. BUSINESS TAX RECEIPTS AND CE RTIFICAT E f US E Sege. 13-1 Purpose; imposition and le , of tax. The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a 4.Aa.:w�„., , Business Tax reeeiF - Receipt tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. The R, s,;r, s Business trf.- - Tax Ftj- p t-Recei t 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)d who transacts any business or engages in any occupation or profession in interstate commerce, if the tie-w.,e- Business #-H,(- - Tax is not prohibited 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) See. I3 -2. Definitions. 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 -feed 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 3 0 of the following calendar year. 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(x) 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 limited to, soft drinks, journals, food products, and the like. (3) Service vending machines: Devices such as lockers, copiers, heart and /or blood pressure machines, 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) See,. 3 -3. Conflict with statute. The regulation of i.,i.s.gb:; k ; °' ° . p, ;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:, IL1' (.eii- ;- 0Business 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) See. 13 -4 Classification and fee schedule. The City Commission establishes classifications for businesses or groups of business and l3 business t�� Tax Receipt taxes therefore as set forth below. 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 = - Tax d ye t 4 -- Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements pertaining thereto are as follows: ,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 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. 173 1) 244.65 1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 244.65 1734 Contractor - Sign - Electrical (Ref. 173 1) 244.65 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. 175 1) 244.65 1754 Contractor - Garage Door (Ref. 175 1) 244.65 1761 Contractor - Roofing 244.65 1762 Contractor -Roof Deck (Ref. 176 1) 244.65 1763 Contractor - Sheet Metal (Ref. 1761) 244.65 1772 Contractor - Gunite (Ref. 177 1) 244.65 1781 Contractor - Well Driller 244.65 1791 Contractor - Reinforcing, Iron & Steel 244.65 1793 Contractor - Glass & Glazing 244.65 1794 Excavation /Grading 88.20 1795 Contractor - Demolition 244.65 1796 Contractor - Elevator 244.65 1797 Contractor - Sign - Nonelectrical (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 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 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 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 - Communications 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 - Miscellaneous, NEC See 2024 4013 Railroad Company 196.35 4118 Ambulance Service (Ref. 4119) 97.65 plus 33.60 per vehicle 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 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 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 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 (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 i is Business 4,a, -Tax f ReceiDt 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 ( : Business ' --i-x--Tax feee4 -Receipt 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. No 4`ce �-h-Business Rix-Tax ree-e4t*-Receil)t shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular . _ =x 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) 1443.75 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 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 Business i,+x Tax Fe :)ts-Receivts Procedure: Every rental unit used for residential living purposes in the city must 1.*.' a Certificate of Use and unless otherwise exempt. must be issued a Business Tax Receil)tbU:;';!C' !.'ix This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. L4eew3e g Tax izceellie.,-Receivts are issued for a period of twelve months, from October l' to the following September 30' They must be renewed annually. To avoid renewal late fees, rental bBusiness tak-Tax fee&44-Receiot fees are payable by October I After January 30 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 Certificate of use and rental 1 i,:�: hBusiness Tax feeeei (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re-inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall 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 the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental IkAeti-, -ft �pfflLlSiness Tax ReceiDts are available on line at the Citv's website and at the Services Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and I Business ta-. Tax ree-ei-Ix-Receiot shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefore 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. 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 deemed service of notice of the owner, tenant and violator. 6530 Property Management* 88.20 6531 Real Estate Broker* 88.20 6532 Real Estate Saleripamon* 19135 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. 723 1) One manicurist table 73.50 Each additional manicurist 19.95 7241 Barber Shops* One chair 73.50 Each additional chair 19.95 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 7342 Exterminator 147.00 7348 Miscellaneous Commercial Services, NEC 88.20 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. 73 89) 196.35 7392 Manufacturer's Representative (Ref. 73 89) 147.00 7393 Telemarketing/Soliciting* (Ref. 7389) 147.00 7394 Auctioneer* (Ref. 7389) 244.65 7395 Interior Decorator (Ref. 73 89) 147.00 7396 Agent or Agency (Ref. 73 89) 88.20 7397 Answering Service (Ref. 7389) 88.20 7398 Arts & Crafts - Handmade (Ref. 7389) 88.20 7399 Asbestos Consultant (Ref. 73 89) 88.20 7400 Boat Broker (Ref. 73 89) 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. 73 89) 88.20 7408 Music Recording Studio (Ref. 73 89) 88.20 7409 Paralegal (Ref. 7389) 88.20 7410 Pool Cleaning -NO chemicals (Ref. 73 89) 88.20 7411 Pressure Cleaning (Ref. 7389) 88.20 7412 Sign Painting & Lettering (Ref. 7389) 88.20 7413 Water Softening Service (Ref. 7389) 88.20 7414 Yacht Broker* (Ref. 73 89) 88.20 7415 Merchandise Broker (Ref. 7389) 88.20 7416 Financial Consultant (Ref. 7389) 88.20 7417 Showroom (Ref. 73 89) 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. 73 89) 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 7532 Auto Body Shop, per number of workers* See 2024 7536 Auto Glass Installation* 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 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) 1050.00 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 (4- i- Certificate of Use. application and filing fee. 7929 Entertainers & Entertainment 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 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 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. 807 1) 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 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 206.17 8323 Counselor 88.20 8324 Marriage/Family Therapist* (Ref. 8322) 206.17 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 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 4r.e­.!.­rt,�, Business Tax Receint fee of $131.25. 9992 Temporary retail/mall carts Activities which would otherwise be subject to retail hee t) !& Fe Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a iii -e-j+se-bB Tax rveeipt-Receivt 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. 9993 Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver goods, 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.) * 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. All businesses must obtain a Certificate Of Use prior to operating within the City. The city may hereinafter classify and issue sisxv tax rocciptBusiness Tax R 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 i-, Tax neet4pt-Rece_it tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications set forth cr, E%hibiL "A"in Sec. 13-4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business �,�Jax F eee4pt-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) (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 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 14'c.e? siness Tax Receipt in which case the right to protest shall be revived for an additional 30 days following issuance of a renewal 'L. .Business Tax Receii)t. (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 Services division. The City Manager shall limit her report to an evaluation of whether the tax which is being protested is based on a reasonable 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 Commission at the second meeting following filing of the report with the Clerk. A copy of the report shall be forwarded to person who filed the protest, along with a notice of the date on which the report is to be submitted to the 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 protest 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 ifte s two rcJ p Business Tax ReCeiDt a person shall file an application for Certificate of Use 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 Business Tax ReceiDt portion of 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 Certificate of Use and bti r, ,:TtBusiness Tax Receiot shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the of Use inspections and review to be undertaken by the.-city zoning, and building division staff --s -4 Should additional inspections for environmental, Utilities, Code. fire, or t wH other dens eats, 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 re-inspection fee of ten dollars ($10.00) per re-inspection, 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) See. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge. Whenever the lie'ense. -Certificate of Use or ti�� Business Tax Receipt depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information upon which the 44eense--Business Tax Receivt fee is calculated. The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a 1--)i . pr , Certificate of Use or, on request by the city, to the reissuance of an existing li�� ii-_,t, Tax Receint. Failure to accurately disclose variable factors shall constitute grounds for the denial of an application or the revocation of an issued > nleCertificate of Use and 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 -9® Issuance of ° . Certificate of Use. () Upon receipt of a Certificate of LJse and payment of the required ax Business Tax Receipt the Uevelo y C)Tnent Services division will issue the biv. w Tax ReCel1)t -z� lts's_x 3 ��`s4Fcs #= :sl}iVli L;S�uc (b) The mistaken issuance of a Certificate of Use or licl Business Tax Receipt shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a Certificate of Use or Business Tax Receipt 4eens&be construed to be a 4k4, =; e jud2 ent of the city as to the competence of the applicant to transact "4e- (e) No Certificate of Use or Business Tax Receipt 4i xan.s < 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 Certificate of Use or Business Tax Receipt .i..icei­,e -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 -95; Ord. No. 06 -096, § 2, 1 -2 -07) See. 13 -10g Due dates. Tax ReCeiDtS 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; upon transfer to a new o en .or at -4t -1i ,t tai, ,Ei c =i < }: i �I - approval of a 4i s'eCertificate of Use application for a new or relocating bLJSineSS. (Ord. No. 95 -22, § 2, 7 -5 -95; Ord. No. 06 -096, § 2, 1 -2 -07) Secs 1 -11. Delinquency penalty. ' ic;;["Iscrs Business Tax Recie is 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 t:a,..° 9:: iptBusiness Tax Receipt tax for the delinquent establishment. (Ord. No. 95 -22, § 2, 7 -5 -95; Ord. No. 06 -096, § 2, 1 -2 -07) See. 13-12. Transfer of lizen-sea Business Tax ReceiPA, C '.1 0CLlnlent.S and Setttn:s'Ynrainitoi'\L.ocal Seuines' remourar Internet Files \OL ICE \12 -012 -Exhibit - - - -i--- {- Y i ------ - ----- (_ _ }. 7 - - t I N - tt .t ,_ t - - t.kc,t - • } +`�*.= } t ( - - �it�,. 4- {- �Y- rl, -.{a -} .tif ?1 - F� ` t �Lkcl f - \c'1f 25 (b) Transfer to new location. Business i4eefl -s-e� tax receivts may be transferred from one location to another, subject to of a Certificate of Use, tk provided no change of ownership has occurred and the 4-icem,"A� business classification in which the 4k- Tax Receipt was originally issued remains unchanged. Atransferred :,,,: i-seBusiness Tax Receipt shall be valid for the same time period for which it was originally issued at the new location. The original 4c e--Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred 4e eBLIsiness Tax Receipt. receipt of a Certificate of Use, shall be of the same force and effect as the original 'k ca -en seBLISMess Tax Receipt. A person applying for such transfer shall pay to the city,'ji the Certificate of Use application filing and inspection fees listed herein See. 13-7 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) See. 13-13. Duplicate Bliveitses-.usiness Tax Receipts Duplicate tla'.. rvee4ABusiness Tax Receipts may be issued by the busm.­' ,, ins tfatefDeveloi)ment Services division. A fee of five dollars ($5.00) will be assessed for each duplicate 4eefi - Business Tax Receipt 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) See. 13 Tax Receipts to be posted or carried. See. 13-16. Engaging in business without a lKleH, Tax Receipt, penalties; prima facie evidence. CADoctiments and SetthipsVI'mmi Internet 1-1les\OLKE\12-012 - Exhibit 1 4 , ' I -, A.doc'ml-'�— + ;� -,�� :;';!i, IZ 26 (a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable by 4ee*se- business tax receipt hereunder without first obtaining a ra +ee-ditABus 1 ness Tax Receipt. Any person engaged in such business, profession or occupation without the required iiw Certificate of Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year 4ee*s,—Business Tax Receipt fee for such trade, in addition to the 1i<-, Tax ReceiDt 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) See. 13 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 Certificate of Use and bssis Nti-Tfflusiness 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 of Use and Business Tax Receipt. 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) See. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city may refuse to issue, reissue or transfer any lie t Certificate of Use or Business Tax ReceiDt Drovided 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 tieen of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the ,4 'en-;v 1xisiness applicant or , e �4­_ Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a 4+1-, l+s of Use or Business Tax ReceiDt 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 Certificate of Use or to -vveet4iBuslness Tax Receipt granted under this chapter and CADoCL1111en1S and Setti1)2S\r)ra1riitk)i\Loca1 Settimn\'Femnorary Internet FilesM.KFAl2-012 - Exhibit kdocS: ­. , _ �,! , , , 4 kkyruc� - -- --------------- -------- D.dkw 27 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 bLISHIeSS ��,4--4c� -Constitutes the violation of any applicable city, county, or state law. (d) An applicant who is denied issuance, reissuance or transfer of a 14e� �-Certificate of Use or Business Tax Receipt or whose 4eeffse-Certificate of Use or Business Tax Receipt 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 4ceitse-Certificate of Use or Business Tax Receipt 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. M 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) See. 13-19. Special permits for nonprofit enterprise. The city shall issue special permits, following issuance of a Certificate of Use. without payment of any lice- Business Tax -t'- r, 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 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) See. 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. CADocuments and - gs\Tenii)orary InIcnict Files\ I-KE\1 -012 - Exhibit �-W ------ ------ ------- - — -- - - -------- --------- - — -- ----- W -11 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) See® 13-22. Professionals, Tax Receipt., Each professional, engaged in the practice of any profession, shall be required to obtain an individual tal! re„.eif.413usiness Tax Receipt. (Ord. No. 94-15, " i 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) See. 13 Home occupational Business Tax Relj�t fees. Li: , 'onses Business Tax Receipts 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) See. 13 Coin vending machines. (a) A k"se-Business Tax Receipt is required for all vending machines, except that the following coin-operated machines are and shall be exempt from tieen5t--Business Tax Receipt hereunder: (1) No hie ii se -Business Tax Receipt 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 Vi -se- Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise holder of a Business Tax Receipt by the city, and such machines are located and operated at the owner's regularl,, i ,Ii4l;%ftt place of business as listed on the Business Tax Receipt. (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 iieewie Business Tax Receipt if not otherwise paid. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) See. 13 Businesses that handle - hazardous materials or waste. All businesses which would be located within the city shall state, as part of the ,t Certificate of Use 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) CADc)CLIIIIeIIIs and SettinUs\nrainitoj\Loc;al SettinLsVI'emnorarN Internet Files\OLKE\12-012 - Exhibit 2 --1- 1 ------------ -- ------- -- � - - -- ------- o 31 See. 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) Sec. 3 -27. Identification of vehicles used in business air 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) vastrrrasl� rra� —a — l requir — P rior- to t issum o f- a ny ' iC`UUs w,. re;coipt F t:f; ea t e of Use „ +1,....:..:.,e- the a e „e +:e of a us ed e f let- ,; + hra: the ei y,, such �#5 c rx° r® a;4 n�o f T T E 2311iF,t �8 approved 4) the City c;"Pm2ssion. In 3dditi to the o ther- re a e,.+s se+ Z ..+1.:„ this seeti a 1 edw exist in 6tiII : of G de, if • tiS-- the jucrgxxxvcrc v r the City - G F31?:.mf "sfr'1.3F: tIi z th v Sti@l� r t °i + T JA �iC� ;e:,u'.t in. inefeasiag or 3r33tkig-fiF&,4r-&fYr_ o otlisr- dangerous hazards, endangefing ehildmn or the gen eral t,&Iia-,the cir.iscioi Sc -3f: "Z:aus edema or ottke :. i1 II .aK_ nuisi.m , a e -wise be to the health, saf and general welf�fe of the eemmunity, and in the 3c o eour.tcFba?)ar, -_1F,, ; ,ab is demand for- issuenes ©f wick kLue .: =,Ity in questi3r.,' -C3 i:m.& -:t or. :nay i•afuse to issue seeh h eenseGeFtifieate of Use. The ements set feM in this subseE 3hal! be applicable on of the pr k+ arry 3F.-ch ! i w: x estpieZ ens. Euther- ?e'd In dii. cr., + cl. a City Goinmi9f�_ ee +;en wid t approva! aryl is s'uan3c a -11 Il s e . 3 is f393 F£ requir-emaE upon th epef of el, b ..el +:. ,c to rnstal1a+.�ioF. of son es of business opefatien. (n..,l N 94 15 § 1, 6 21 on; O.d. No. 9` 2 , 7 5 9 5; Ord. Ne:- 06-996, § 2, 1 07 Sees. 13 -29 — 13.51. Rese C,1i'J000ments and SettlnRs \orainitoi \I_.ocal Settln °S \remporan Internet Files�OLKE \i 2 -012 - Exhibit 32 *Note -See the editor's footnote to Ch. 13. S ec. 3 -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 at the "iris_: , -., :ax . � -i(t: fit reseiit 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) See. 13-53. Exception to article p rovisions. 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) See. 3 -5. 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 2007S-28 See. -5& 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) See. 3 -5. Permit fee. There shall be an administrative processing fee of ?' '' - five dollars ($2 >.00) for the issuance of a CA Documents and Settings \orainitoi \Local Settmes''.Temnorar, Internet Files \01-1- -012 - 1 xhibit A.doc > -',C ',-' -' - `' - �y- < -;,' `- - F} ��.1; +i, hq:,.. t- aH'.'i} � , �:..r,--- ::ercz --Ccl r,�- r�l; -i_: %_fiityS�_r - -;- ,?}ir.,krir?y- 'rcl-i�.r_, -:ri �:_['_ _ ---- - ----- - :- _ * ,� .'£.,I. 'i " -Et .jFls 'c'}k "�''''t_r. i ,.., -.. 3 ,' , r' {�� _ - .ei r`'.`t- - }:ck `- c_ - Et':;i}'v-l' c - -s.rr -r ,.'.rl -1 -r:r +. {� "- �- s - 1- {__i? -e� 33 garage sale permit. (Ord. No. 83-10, § 1, 5-17-83) See. 13 Limitation on number of perinits. 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) See. 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, 5-17-831999 5 -10 CM0CLUnClItS and S'MiTILSMrainitoi\Local Seltnnas\'Fernnorai Internet Fi I es\OLKE\12-012 - Exhibit -'�' "�ul "� � -�" � +�s4' - 1 -- & , c ---- - - — ------ - 34