Boynton13 Chapter 13
LICENSES*
Art. I. Business Tax Receipts and Certificate of Use and Occupancy, §§ 13-1—13-51
Art. II. Garage Sales, §§ 13-52—13-58
Art. III. Adult Entertainment Establishments, §§ 13-59—13-79
Art. IV. Live Entertainment Permits, § 13-80
*Editor's note-Ord. No. 94-15, § 1, adopted June 21, 1994, provided for the deletion of Art. I, In general, and Art. II, Contractors, substantive sections thereof being §§ 13-1—13-22
and 13-33—13.41, as derived from Ch. 15 of the 1958 Code and numerous ordinances (see the Code Comparative Table, beginning on page 2701). Ord. No. 94-15 also enacted new provisions
designated as Art. I, §§ 13-1—13-25, herein set out and adopted a fee schedule, Appendix A, which has been designated as § 13-30 pursuant to the city's instruction. Former Art. III,
Garage sales, §§ 13-52—13-58, was redesignated as Art. II by Ord. No. 94-15.
Cross references-Code compliance board generally, § 2-72 et seq.; enforcement of this chapter by board, § 2-75; county dog license required, § 4-36; regulation of peddlers and solicitors,
Ch. 17; taxation generally, Ch. 23; regulation of taxicabs, Ch. 24.
ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND OCCUPANCY
Sec. 13-1. Purpose; imposition and levy of tax.
The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or
managing any business, profession or occupation within its jurisdiction, pursuant to F.S. Ch. 205, as amended from time to time. The Business Tax Receipt tax is levied on:
(1) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction.
(2) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) and who transacts any business or engages in any occupation or profession in interstate com-merce, if the
Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution.
(4) Any person applying for or renewing a local business tax receipt for a business tax to practice any profession regulated by the Florida Department of Business and Professional Regulation,
or any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, and a current use and occupancy certificate for
the location associated with the business activity before a local business tax receipt may be 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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-2. Definitions.
For the purpose of this chapter, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise:
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Business Tax Receipt Administrator. The employee of the city designated by the City Manager as the person responsible for the operations of the division of the city which processes
the issuance of Business Tax Receipts.
Certificate of Use and Occupancy. An inspection method by which the city documents the existing conditions of a property; identifies any non-conformities to be addressed by occupant/owner;
establishes current land use and zoning; and grants approval to occupy a given location for specified uses.
City. The City of Boynton Beach Florida, its City Manager, or such officers, employees or depart-ments designated by the City Manager to act on behalf of the city.
City Manager. The term City Manager shall mean that person holding the position of City Manager of the City of Boynton Beach, Florida or his/her designee.
Classification. Classification means the method by which a business or group of businesses is identi-fied by size or type, or both.
Contractor. A contractor shall mean any person whose work is defined in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
Fiscal year. Fiscal year means October 1 of a calendar year to September 30 of the following calendar year.
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.
Local responsible party. The property owner of any property being offered for rent or rented shall be the local responsible party. The property owner may designate a licensed property
management company or other individual to act on the property owner’s behalf,
but the property owner shall remain responsible for the actions or omissions of its designee. The local responsible party, if an individual, shall reside in Miami-Dade, Broward, Palm
Beach, Martin or Indian River County.
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.
Special Magistrate. Special Magistrate shall mean any of the city’s Special Magistrates appointed by the City Commission to conduct hearings pursuant to the City Code and Florida Statutes.
Except for Board voting requirements, any reference in the City Code to “Code Enforcement Board” shall include Special Magistrate(s).
Specialty contractor. A specialty contractor shall mean any person whose work is limited to a particular phase of construction, and whose scope is limited to a subset of the activities
in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
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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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-3. Conflict with statute.
The regulation of Business Tax Receipts shall be administered in accordance with this chapter and with F.S. Chapter 205, as amended from time to time.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business and Business Tax Receipt taxes therefor as set forth below.
(Ord. No. 94-15, Appendix A, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 13-022, § 2, 7-2-13; Ord. No. 14-018, § 2, 9-3-14)
Business Tax Receipt Tax Rate Structure
Standard Industrial Classification
Businesses, Professions, Occupations
(*–See note, end of schedule;
NEC–See note, end of schedule)
The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax Receipt taxes imposed and levied, the Standard Industrial Classifications assigned,
and other requirements pertaining thereto are as follows:
SIC Description Fee
0742 Veterinarian* 206.17
0752 Animal Specialty Service 92.61
0781 Landscape Architect* 206.17
0782 Lawn & Garden Service 154.35
0783 Tree Trimming 154.35
1520 Contractor - Residential 256.88
1530 Contractor - Building 256.88
1540 Contractor - General 256.88
1611 Contractor - Paving 256.88
1620 Contractor - Heavy
Construction 256.88
1623 Contractor - TV Antenna &
Tower 256.88
1624 Contractor - Underground
Utilities (Ref. 1623) 256.88
1625 Contractor - Concrete
(Ref. 1771) 256.88
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SIC Description Fee
1626 Contractor - Marine
(Ref. 1629) 256.88
1629 Contractor - Tennis Court 256.88
1700 Miscellaneous Specialty 92.61
1701 Asphalt Sealing & Coating
(Ref. 1799) 92.61
1702 Landscaping (Ref. 0782) 92.61
1703 Lathing (Ref. 1742) 92.61
1704 Residential Gutter &
Downspout Installation
(Ref. 1761) 92.61
1705 Striping (Ref. 1721) 92.61
1706 Vinyl Clad Metal Shelving
(Ref. 1799) 92.61
1707 Mirror/Shower Door
Installation (Ref. 1799) 92.61
1710 Contractor - Irrigation
Sprinkler (Ref. 1711) 256.88
1711 Contractor - Plumbing 256.88
1712 Contractor - Air Conditioning
(Ref. 1711) 256.88
1713 Contractor - Mechanical
(Ref. 1711) 256.88
1714 Contractor - Fire Sprinkler
(Ref. 1711) 256.88
1715 Contractor - Refrigeration
(Ref. 1711) 256.88
SIC Description Fee
1716 Contractor - Room Air
Conditioning (Ref. 1711) 256.88
1717 Contractor - Septic Tank
(Ref. 1711). 256.88
1718 Contractor - Solar Water
Heating (Ref. 1711) 256.88
1721 Contractor - Painting 256.88
1731 Contractor - Electrical 256.88
1732 Contractor - Communication
& Sound (Ref. 1731) 256.88
1733 Contractor - Burglar & Fire
Alarm (Ref. 1731) 256.88
1734 Contractor - Sign - Electrical
(Ref. 1731) 256.88
1741 Contractor - Masonry 256.88
1742 Contractor - Plastering 256.88
1743 Contractor - Tile, Terrazzo,
& Marble 256.88
1744 Contractor - Drywall
(Ref. 1742) 256.88
1745 Contractor - Insulation
(Ref. 1742) 256.88
1746 Contractor - Acoustical Tile
(Ref. 1742) 256.88
1750 Contractor - Window
(Ref. 1751) 256.88
1751 Carpentry & Cabinet
Installation 92.61
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SIC Description Fee
1752 Contractor - Flooring, NEC 92.61
1753 Contractor - Door (Ref. 1751) 256.88
1754 Contractor - Garage Door
(Ref. 1751) 256.88
1761 Contractor - Roofing 256.88
1762 Contractor - Roof Deck
(Ref. 1761) 256.88
1763 Contractor - Sheet Metal
(Ref. 1761) 256.88
1772 Contractor - Gunite
(Ref. 1771) 256.88
1781 Contractor - Well Driller 256.88
1791 Contractor - Reinforcing,
Iron & Steel 256.88
1793 Contractor - Glass & Glazing 256.88
1794 Excavation/Grading 92.61
1795 Contractor - Demolition 256.88
1796 Contractor - Elevator 256.88
1797 Contractor - Sign - Nonelec-
trical (Ref. 1799) 256.88
1799 Contractor - Miscellaneous
Special Trade 256.88
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SIC Description Fee
1800 Contractor - Aluminum
Specialty (Ref. 1799) 256.88
1801 Contractor - Awnings
(Ref. 1799) 256.88
1802 Contractor - Boilers and
Pressure Piping (Ref. 1799) 256.88
1803 Contractor - Fence Erection
(Ref. 1799) 256.88
1804 Contractor - Liquified
Petroleum Gas (Ref. 1799) 256.88
1805 Contractor - Ornamental Iron
(Ref. 1799) 256.88
1806 Contractor - Pollutant
Storage Systems (Ref. 1799) 256.88
1807 Contractor - Pool/Spa
(Ref. 1799) 256.88
1808 Contractor - Pool/Spa
Service (Ref. 1799) 256.88
1809 Miscellaneous Contractor
(Ref. 1799) 256.88
2024 Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exceeding 2 persons 113.56
Not exceeding 4 persons 190.73
Not exceeding 6 persons 256.88
More than 6, not exceeding
10 persons 308.70
More than 10, not
exceeding 20 persons 385.88
More than 20 persons 578.81
2099 Manufacturer - Food
Preparation See 2024
SIC Description Fee
2299 Manufacturer - Textile Goods See 2024
2389 Manufacturer - Apparel and
Accessories See 2024
2392 Manufacturer - Slipcovers 92.61
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
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SIC Description Fee
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
SIC Description Fee
3569 Manufacturer - General
Industrial Machinery See 2024
3571 Manufacturer - Computers See 2024
3599 Manufacturer - Machine
Shop See 2024
3629 Manufacturer - Electrical
Industrial Products See 2024
3663 Manufacturer - Communica-
tions Equipment See 2024
3679 Manufacturer - Electronic
Components See 2024
3728 Manufacturer - Aircraft
Parts See 2024
3861 Manufacturer - Photographic
Equipment Processing See 2024
3911 Manufacturer - Jewelry See 2024
3942 Manufacturer - Dolls See 2024
3949 Manufacturer - Sporting
Goods See 2024
3993 Manufacturer - Advertising
Specialties See 2024
3999 Manufacturer - Miscel-
laneous, NEC See 2024
4013 Railroad Company 206.17
4118 Ambulance Service
(Ref. 4119) 102.53 plus
35.28 per vehicle
4119 Transportation Service,
NEC 102.53 plus
35.28 per vehicle
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SIC Description Fee
4121 Taxi/Limousine Service 102.53 plus
35.28 per vehicle
4131 Bus Service 102.53 plus
35.28 per vehicle
4173 Bus Service/Depot 102.53
4210 Trucking Service 77.18 per vehicle
4222 Cold Storage, per square foot
Warehouse, per square footage
fee schedule:
5,000 square feet or
fraction thereof 231.53
Each additional 5,000
square feet 22.50
4225 Warehouse - Storage, per
square foot See 4222
4493 Marina 92.61
4498 Marine Detailing (Ref. 4499) 92.61
4522 Air Transportation,
Nonscheduled 92.61
4724 Travel Bureau* 154.35
4725 Tour Operator 92.61
4731 Freight Forwarding Service 154.35
4780 Packing & Crating 154.35
4783 Express Company 308.70
4813 Telephone Communications 308.70
4822 Telegraph & Other
Communications 92.61
4841 Television Services 154.35
SIC Description Fee
4899 Communication Services, NEC 92.61
4924 Natural Gas Distribution 308.70
4925 Liquified Petroleum Gas
Distribution 308.70
5099 Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $5,000 256.88
More than $5,000, not
exceeding $25,000 359.42
More than $25,000, not
exceeding $100,000 513.77
More than $100,000, not
exceeding $500,000 771.75
More than $500,000 925.00
5197 Advertising Specialties Sales
(Ref. 5199) 92.61
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 $5,000 102.53
More than $5,000, for
each additional $1,000
or fraction thereof 5.41
5411 Grocery, per inventory See 5399
5421 Market - Meat/Fish/
Poultry, per inventory See 5399
5461 Bakery 154.35
5511 Automobile Dealer* 206.17
5531 Auto Parts, per inventory See 5399
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SIC Description Fee
5541 Gas Station 154.35
5699 Dressmaking Shop 61.74
5719 Blinds, Shades, Drapery 154.35
5810 Ice Cream Parlor 61.74
5811 Caterer 154.35
5812 Restaurant 3.58 per seat,
102.53 minimum
5813 Drinking Places 513.77
5912 Pharmacy, per inventory See 5399
5930 Antique Shop 154.35
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 154.35
5933 Pawnbroker 689.06
5944 Jewelry Shop, per inventory See 5399
5945 Handicraft Shop, per
inventory See 5399
5961 Mail Order/Catalog 92.61
5962 Vending Machine - Coin-Operated
(a) Amusement Vending Machines:
Each operator 206.73
In addition, for each
machine 27.56
SIC Description Fee
(b) Service Vending Machines:
Each operator 68.91
In addition, for each
machine 27.56
(c) Merchandise Vending Machines:
Each operator 68.91
In addition, for each
machine as follows:
Requiring deposit
under .35 27.56
Requiring deposit
over .35 41.35
(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
Business Tax Receipt 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 Tax Receipt shall be required for coin-oper
ated machines where the vending machines are owned an
d operated by charitable or benevolent nonprofit orga
nizations and where the entire proceeds of such machi
nes are used solely for recognized
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SIC Description Fee
charitable or benevolent purposes. No Business Tax Receipt 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 and Occupancy by the city, and such machines are located and operated at the owner's regular place of business.
5963 Vending - Mobile 92.61
5964 Ice Cream Truck
(Ref. 5963) 102.53 plus
35.28 per vehicle
5965 Lunch Wagon (Ref. 5963) 102.53 plus
35.28 per vehicle
5992 Florist, per inventory See 5399
5995 Optician* 206.17
5998 Auction Company
(Ref. 5999) 1,515.94
6020 Bank - Commercial 385.88
6030 Bank - Savings 385.88
6098 Check Cashing Agency 308.70
6099 Financial Services, NEC 308.70
6141 Investment & Trading 308.70
6162 Mortgage Company* 308.70
6163 Mortgage Broker* 154.35
6211 Broker - Securities* 308.70
6282 Investment Advice 92.61
SIC Description Fee
6410 Insurance Agent 51.82
6411 Insurance Company 92.61
6412 Medical Claims Processing
Service (Ref. 6411) 92.61
6513 Apartment Building 3.86 per room,
35.28 minimum
6514 Rental property four (4) units or less, including single family residential rentals 3.86 per room
35.28 minimum
Business Tax Receipts Procedure:
Every rental unit used for residenti
al living purposes in the city must have a Certificat
e of Use and Occupancy and unless otherwise exempt, m
ust be issued a Business Tax Receipt. This includes r
ental property four units or less, including single f
amily residential rentals, condominiums, and mobile h
omes.
Business Tax Receipts are issued for a period o
f twelve months, from October 1st to the following Se
ptember 30th. They must be renewed annually. To avoid
renewal late fees, rental Business Tax Receipt fees
are payable by October 1st. After January 30th, late
renewals require a Code Compliance (interior and exte
rior) inspection of the property.
Whenever a rental p
roperty is sold or otherwise changes ownership, the n
ew owner must do the following:
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SIC Description Fee
(1) Apply for a new Certificate of Use and Occupancy and rental Business Tax Receipt;
(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.
SIC Description Fee
NOTE: Fees may change from time to time by Ordinanc
e of the City Commission. The application for Certifi
cate of Use and Occupancy and information forms for r
ental Business Tax Receipts are available on line at
the city's website and at the Development Services Di
vision of City Hall, 100 East Boynton Beach Boulevard
. It should be noted that post office boxes are not a
cceptable addresses for mailing purposes, and actual
street addresses are required on the application.
Des
ignation of resident agent: No Certificate of Use and
Occupancy and Business Tax Receipt shall be issued b
y the city for a rental dwelling located on a rental
premises unless the applicant therefor designates in
writing to the city the name, address, and local tele
phone number of the owner or resident agent to receiv
e service of notice of violation of this Code. The ow
ner may designate as his or her resident agent any na
tural 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 c
hange his or her designation of a resident by notifyi
ng the city in writing of the name, address, and loca
l telephone number of the person designated by the ow
ner to replace the previous resident
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SIC Description Fee
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* 92.61
6531 Real Estate Broker* 92.61
6541 Title Abstract Office 308.70
6552 Subdividers & Developers,
NEC 154.35
7011 Hotels & Motels 3.86 room,
35.28 minimum
7033 Trailer Parks &
Campsites 102.53 plus
3.58 per lot or site
7212 Laundry/Dryclean - Drop Only 102.53
SIC Description Fee
7214 Carpet Cleaning, Mobile
(Ref. 7217) 92.61
7215 Laundry Machines, Coin-
Operated 68.91 plus
1.38 per machine
7216 Dry Cleaning Establishments 206.17
7217 Carpet/Upholstery Cleaning,
Commercial 206.17
7219 Laundry & Garment Services,
NEC 61.74
7221 Photography 154.35
7230 Beauty school 206.17
7231 Beauty Parlor, Etc.*
One chair 77.18
Each additional chair or
manicurist 20.95
7232 Nail Salon* (Ref. 7231)
One manicurist table 77.18
Each additional manicurist 20.95
7241 Barber Shops*
One chair 77.18
Each additional chair 20.95
7251 Shoe Repair & Shoe Shine
Parlor 61.74
7261 Funeral Director* 206.17
7290 Debt Counseling Service
(Ref. 7299) 92.61
7291 Income Tax Service 154.35
7292 Valet Parking (Ref. 7299) 92.61
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SIC Description Fee
7293 Tanning Salon (Ref. 7299) 92.61
7294 Weight Loss Center
(Ref. 7299) 92.61
7295 Family - Home Child Care
(Ref. 7299) 92.61
7296 Dating Service (Ref. 7299) 92.61
7297 Electrolysis* (Ref. 7299) 92.61
7298 Massage Therapist* 102.53
7299 Miscellaneous Personal
Services, NEC 92.61
7311 Publication Service, NEC 154.35
7319 Advertising 256.88
7322 Collection Agency* 154.35
7323 Credit Association 154.35
7334 Photocopying/Duplicating
Service 92.61
7336 Commercial Art/Graphic
Design 92.61
7337 Typing Service 92.61
7338 Secretarial Services 154.35
7342 Exterminator 154.35
7348 Miscellaneous Commercial
Services, NEC 92.61
7349 Janitorial Service 154.35
7359 Rental Service 154.35
SIC Description Fee
7361 Employment Agency 92.61
7362 Nursing Registry 92.61
7370 Data Processing Service 92.61
7371 Computer Programming
Service 154.35
7376 Computer Services 92.61
7378 Computer Maintenance &
Repair 92.61
7379 Computer Related Services 92.61
7380 Private Detective* 92.61
7381 Security Service* 92.61
7384 Photofinishing Laboratories 154.35
7385 Books, Periodicals, News
Bureaus (Ref. 7389) 92.61
7386 Auto Broker (Ref. 7389) 154.35
7387 Messenger Service (Ref. 7389) 61.74
7388 Appraiser* (Ref. 7389) 206.17
7389 Business Services, NEC 92.61
7390 Handyman (No new licenses
only renewals) 154.35
7391 Interior Designer*
(Ref. 7389) 206.17
7392 Manufacturer's Representative
(Ref. 7389) 154.35
7393 Telemarketing/Soliciting*
(Ref. 7389) 154.35
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SIC Description Fee
7394 Auctioneer* (Ref. 7389) 256.88
7395 Interior Decorator
(Ref. 7389) 154.35
7396 Agent or Agency (Ref. 7389) 92.61
7397 Answering Service (Ref. 7389) 92.61
7398 Arts & Crafts - Handmade
(Ref. 7389) 92.61
7399 Asbestos Consultant
(Ref. 7389) 92.61
7400 Boat Broker (Ref. 7389) 92.61
7401 Draftsman (Ref. 7389) 92.61
7402 Executive Office (Ref. 7389) 92.61
7403 Furniture Installation
(Ref. 7389) 92.61
7404 Home Demonstrator
(Ref. 7389) 92.61
7405 Import-Export (Ref. 7389) 92.61
7406 Interpretation & Translation
(Ref. 7389) 92.61
7407 Mail Depot (Ref. 7389) 92.61
7408 Music Recording Studio
(Ref. 7389) 92.61
7409 Paralegal (Ref. 7389) 92.61
7410 Pool Cleaning - NO chemicals
(Ref. 7389) 92.61
7411 Pressure Cleaning (Ref. 7389) 92.61
SIC Description Fee
7412 Sign Painting & Lettering
(Ref. 7389) 92.61
7413 Water Softening Service
(Ref. 7389) 92.61
7414 Yacht Broker* (Ref. 7389) 92.61
7415 Merchandise Broker
(Ref. 7389) 92.61
7416 Financial Consultant
(Ref. 7389) 92.61
7417 Showroom (Ref. 7389) 92.61
7418 Courier Service (Ref. 7389) 92.61
7419 Aquarium Service (Ref. 7389) 92.61
7420 Religious/Charitable
Organization (Ref. 7389) 92.61
7421 Pet Sitting (Ref. 7389) 92.61
7422 Housesitting (Ref. 7389) 92.61
7423 Embroidery Service
(Ref. 7389) 92.61
7424 Diver - Commercial
(Ref. 7389) 92.61
7425 Inspection Service - No
Appraisal (Ref. 7389) 92.61
7426 Consultant (Ref. 7389) 92.61
7427 Mediation Counselor 92.61
7513 Truck Rental & Leasing 256.88
7514 Passenger Car Rental 256.88
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2L Boynton Beach Code
SIC Description Fee
7530 Auto Pinstriping (Ref. 7532) 92.61
7532 Auto Body Shop, per number
of workers* See 2024
7536 Auto Glass Installation* 92.61
7538 Auto Mechanical Repair*,
per number of workers See 2024
7542 Car Wash 92.61
7543 Car Wash - coin-operated 102.53 plus
20.95 per machine
7544 Auto Detailing 61.74
7549 Automotive Services, NEC* 92.61
7550 Wrecker/Towing Service
(Ref. 7549) 77.18 per
vehicle
7551 Window Tinting (Ref. 7549) 92.61
7629 Appliance Repair 92.61
7631 Jewelry Repair 29.77
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 92.61
SIC Description Fee
7700 Mobile Repair (Ref. 7699) 92.61
7701 Bicycle Repair 92.61
7702 Screen Repair 92.61
7832 Motion Picture Theatre 0.49 per seat,
102.53 minimum
7910 Carnival or Circus
(Ref. 7999) 513.77
7911 Dance Studio/School 154.35
7922 Miscellaneous Theatrical
Services 92.61
7928 Adult Entertainment
(Ref. 7929) 1,102.50
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 Certificate
of Use and Occupancy
application and filing fee.
7929 Entertainers & Entertain-
ment Groups 92.61
7933 Bowling Alley 51.82
per alley
7987 Martial Arts Instruction
(Ref. 7999) 92.61
7988 Fishing Guide (Ref. 7999) 92.61
7989 Boat Captain Service
(Ref. 7999) 92.61
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SIC Description Fee
7990 Athletic Clubs (Ref. 7991) 154.35
7991 Fitness Trainer 92.61
7993 Amusement Arcade, per
machine See 5962
7994 Billiards (Ref. 7993) 51.82
per table
7997 Bankruptcy Sale (Ref. 7389) 154.35
7998 Miscellaneous Recreation
Services, NEC 92.61
7999 Boats - Recreation
Small motor crafts, each 22.50
1 - 5 passenger capacity 77.18
6 - 10 passenger capacity 102.53
10 - 50 passenger capacity 154.35
Over 50 passenger capacity 256.88
8011 Physician* 206.17
8012 Psychiatrist* 206.17
8013 Ophthalmologist 206.17
8021 Dentist* 206.17
8031 Osteopath* 206.17
8034 Relaxation Therapist
(Ref. 8049) 206.17
8035 Psychotherapist (Ref. 8049) 206.17
8036 Psychologist (Ref. 8049) 206.17
8037 Physical Therapist
(Ref. 8049) 206.17
SIC Description Fee
8038 Occupational Therapist
(Ref. 8049) 206.17
8039 Midwife (Ref. 8049) 206.17
8040 Mental Health Counselor
(Ref. 8049) 206.17
8041 Chiropractor* 206.17
8042 Optometrist* 206.17
8043 Podiatrist* 206.17
8044 Hypnotist (Ref. 8049) 206.17
8045 Dietitian (Ref. 8049) 206.17
8046 Clinical Social Worker
(Ref. 8049) 206.17
8047 Audiologist (Ref. 8049) 206.17
8048 Acupuncturist (Ref. 8049) 206.17
8049 Health Practitioners, NEC* 206.17
8051 Skilled Nursing Care
Facilities 154.35
8059 Nursing Care Facility,
NEC 3.58 per room,
35.28 minimum
8062 General Medical/Surgical
Centers* 206.17
8069 Hospital 154.35
8070 Diagnostic Lab (Ref. 8071) 92.61
8072 Dental Laboratory 206.17
8096 Nursing (Ref. 8099) 102.53
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2N Boynton Beach Code
SIC Description Fee
8097 Surgical Technician
(Ref. 8099) 102.53
8098 Hearing Aid Specialist
(Ref. 8099) 206.17
8099 Health & Allied Services, NEC 102.53
8111 Attorney* 206.17
8243 Computer Assembly/Setup 92.61
8244 Business School 154.35
8249 Art School 154.35
8296 Ceramic Studio (Ref. 8299) 154.35
8297 Auto Driving School
(Ref. 8299) 154.35
8298 Piano/Instrument Instruction 92.61
8299 Schools & Education
Services, NEC 154.35
8322 Individual & Family Social
Services 216.48
8323 Counselor 92.61
8324 Marriage/Family Therapist*
(Ref. 8322) 216.48
8351 Day Care - Children 154.35
8361 Adult Congregate Living
Facility* 3.58 per room,
35.28 minimum
8399 Social Work Consultant* 92.61
8422 Aquarium 92.61
SIC Description Fee
8610 Business Associations
(Ref. 8611) 92.61
8611 Real Estate Board 92.61
8711 Engineer* 206.17
8712 Architect* 206.17
8713 Surveyor* 206.17
8721 Certified Public Accountant* 206.17
8722 Bookkeeper (Ref. 8721) 92.61
8733 Research Organization 92.61
8742 Business/Management
Consultant 92.61
8748 Traffic Manager 92.61
8900 Construction Inspector
(Ref. 8999) 92.61
8998 Geologist* (Ref. 8999) 206.17
8999 Services, NEC 92.61
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 Business Tax Receipt fee of $137.81.
9992 Temporary retail/mall carts
Activities which would otherwise be subject to retail Business Tax Receipt fees, but
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SIC Description Fee
which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $41.35 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 9.92
Each person, per week 51.82
Each person, per month 206.17
(I.D. registration required for each
person.)
Notes:
* Requires a license from one of the following:
Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association,
Department of Banking & Finance.
NEC - Not Elsewhere Classified
(Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5-95; Ord. No. 98-38, § 1, 9-15-98; Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2,
7-3-12; Ord. No. 13-022, § 2, 7-2-13; Ord. No. 14-018, § 2, 9-3-14; Ord. No. 15-015, § 2, 6-16-15)
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Sec. 13-5. Provision for unlisted businesses or
occupations.
All businesses must obtain a Certificate of Use and Occupancy prior to operating within the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification
of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications
set forth in Sec. 13-4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-6 Administrative remedy to challenge
classification or fee.
(a) Any person may protest the classification or fee applicable to that person provided:
(1) The person has made and filed an application for the issuance of a Certificate of Use and Occupancy and a Business Tax Receipt in accordance with the procedures set forth herein,
and
(2) The person has paid the application fee, inspection fee or re-inspection fee, when applicable, and
(3) The person has received a Certificate of Use and Occupancy and paid the Business Tax Receipt fee requested by the city, and
(4) The Business Tax Receipt has been issued.
(b) A protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar days following issuance of the Business Tax Receipt. Failure to timely file a
protest constitutes a waiver of protest and no further challenge may be made by that person until renewal of the Business Tax Receipt, in which case the right to protest shall be revived
for an additional 30 days following issuance of a renewal Business Tax Receipt.
(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 Development 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.
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4 Boynton Beach Code
(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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-7. Application and reapplication fees for Certificate of Use and Occupancy, inspections, and Business Tax Receipt; required for use of any property for commercial or industrial
purposes or for residential dwelling rental.
(a) Prior to the issuance of a Business Tax Receipt, a person shall file an application for Certificate of Use and Occupancy 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 Receipt portion of the form shall require disclosure
of the Federal Identification Number or Social Security number of the person to be licensed.
(b) Each application for a Certificate of Use and Occupancy shall be accompanied by an application filing fee set by the City Commission by resolution, which shall cover the Certificate
of Use and Occupancy review to be undertaken by city zoning, and building division staff. Inspections for environmental, Utilities, Code, Fire, and other departments, shall be determined
by the proposed use, the applicant shall pay for such inspections at a rate set by the City Commission by resolution. In the event an application is denied due to failed inspections,
the application may, upon payment of a re-inspection fee set by the City Commission by resolution, be reconsidered.
(c) Certificate of Use and Occupancy is renewable each year expiring on September 30 with an annual renewal fee set by the City Commission by resolution.
(d) It shall be unlawful and a violation of the City Code for any person or entity, either directly or indirectly, to conduct or enter into a business, profession, or occupation, including
the rental of real property, within the city without first obtaining a Certificate of Use and Occupancy and being issued a local business tax receipt by the city.
(e) If the real property that is to be used for the operation of a business is subject to unpaid city fines, fees or Code violation liens, the city shall not issue a Certificate of
Use and Occupancy or conduct a use and occupancy inspection until such time as all liens, fines or fees on the property are fully paid, including interest due and any assessable costs
and until all Code violations are brought into compliance.
(f) Local responsible party required.
(1) Whenever any property is required to have a Certificate Use and Occupancy under this article, the owner shall designate in writing, on a form provided by the city, a local responsible
party for contact by city officials relating to the property. The owner shall also provide a valid address and phone number for the local responsible party.
(2) The local responsible party under this section must reside within Miami-Dade, Broward, Palm Beach, Martin or Indian River County. Any owner who resides outside of Florida either
at the time of applying for a Certificate Use and Occupancy or after having secured such certificate, shall designate a local responsible party that complies with the City Code.
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(3) A local responsible party shall have the authority to adequately and timely respond to any Code compliance issues that may arise on the subject property and shall be responsible
for the care, custody, control and compliance of the rental property. The Local Responsible Party may apply for a Certificate Use and Occupancy, Business Tax Receipt, and inspections
on behalf of the owner.
(4) An owner shall notify the Director of Development in writing of any change in the designation of the local responsible party within ten (10) business days of such change.
(5) Failure to designate or engage a local responsible party meeting the requirements of this section shall be a violation of the City Code punishable under Chapter 2, Article V of
this Code.
(g) It is unlawful for a property owner to allow by lease, license, grant or other written or oral agreement, the use of any real property for the operation of a business without a
valid and current Certificate Use and Occupancy including required inspection and Local Business Tax Receipt. Violation of this section is violation of the City Code punishable under
Chapter 2, Article V of this Code.
(h) Only one (1) Certificate Use and Occupancy shall be issued for each parcel of real property as described by the Palm Beach County Property Appraiser's Office through the provision
of a property control number. Certificate Use and Occupancy is not transferable.
(i) All Certificate Use and Occupancy applications are subject to inspection of the real property being used for the operation of the business by the city. The Certificate Use and Occupancy
inspection charges shall be set by resolution of the city commission. If the owner of a dwelling does not reside at the dwelling, and the dwelling is occupied by
anyone, including a relative of the owner of the dwelling, there is a presumption that the dwelling is being rented and must have a Certificate Use and Occupancy and a business tax receipt.
This presumption may be rebutted by the owner of the dwelling applying for an exemption from the Certificate Use and Occupancy and business tax receipt. The exemption application shall
include an affidavit of the owner that all persons residing at the dwelling are relatives of the owner and that these relatives pay no rent or other consideration for the privilege of
living at the dwelling and that the relatives provide no maintenance or other services in return for the right to live at the dwelling. The application fee for the exemption application
shall be set by resolution of the city commission and must be obtained every year.
(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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge.
Whenever the Certificate of Use and Occupancy or Business Tax Receipt depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information
upon which the Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a Certificate of
Use and Occupancy or Business Tax Receipt or, on request by the city, to the reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors shall constitute
grounds for the denial of an application or the revocation of an issued Certificate of Use and Occupancy 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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
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Sec. 13-9. Issuance of Certificate of Use and Occupancy and Business Tax Receipt.
(a) The Director of Development shall issue the Business Tax Receipt or Certificate of Use and Occupancy, only if:
(1) The Director of Development determines the proposed business and location complies with all city zoning codes and ordinances, in additional to all other applicable local, county,
state, or federal ordinances, codes, statutes, or other applicable regulation; and
(2) Proof of occupational or professional certification or licensure is provided when such certifications or licenses are required under state law.
(b) The mistaken issuance of a Certificate of Use and Occupancy or 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 and Occupancy or Business Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to transact 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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-10. Due dates.
Business Tax Receipts and Certificates of Use and Occupancy 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 owner; or following approval of a Business Tax Receipts and Certificate of Use and Occupancy applications
for a new or relocating business.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-11. Delinquency penalty.
Business Tax Receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional
five percent (5%) penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty may not exceed twenty-five percent (25%) of the Business Tax Receipt
tax for the delinquent establishment.
(a) All Certificates of Use and Occupancy and local business tax receipts issued hereunder may be renewed without penalty no later than September 30 by application for the Certificates
of Use and Occupancy and local business tax receipt holder. Certificates of Use and Occupancy not renewed by September 30 shall be considered delinquent and subject, respectively, to
a delinquency penalty of ten percent (10%) of the full year use and occupancy certificate and local business tax receipt fee for the month of October, plus an additional five percent
(5%) penalty for each month of the delinquency thereafter until paid. The total delinquency penalty shall never exceed twenty-five percent (25%) of the full year local business tax receipt
fee for the applicant.
(b) For the required Certificates of Use and Occupancy inspection, should a property owner fail to accommodate the city’s scheduled appointment on two (2) occasions, the owner or local
responsible party shall submit a re-application for an inspection.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-12. Transfer of a Business Tax Receipt.
(a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when there is a bona fide sale and transfer of the business and property used in the business. A
transferred
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Business Tax Receipt shall be valid for the same time period and at the same location for which it was originally issued. The original Business Tax Receipt shall be surrendered at the
time application for transfer is made. A transferred Business Tax Receipt, after being approved, shall be of the same force and effect as the original Business Tax Receipt. A person
applying for such transfer shall pay to the city a transfer fee of ten percent (10%) of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars
($25.00) and shall present evidence of the sale or transfer of the business. A Certificate of Use and Occupancy shall be required when originally approved equipment is removed or altered,
or alterations to floor plan or other building systems occurs. Certificate of Use and Occupancy is not transferable.
(b) Transfer to new location. Business tax receipts may be transferred from one location to another, subject to receipt of a Certificate of Use and Occupancy, provided no change of
ownership has occurred and the business classification in which the Business Tax Receipt was originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for
the same time period for which it was originally issued at the new location. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A
transferred Business Tax Receipt, following receipt of a Certificate of Use and Occupancy, shall be of the same force and effect as the original Business Tax Receipt. A person applying
for such transfer shall pay to the city the Business Tax Receipt application filing and inspection fees as listed in Sec. 13-7 and a transfer fee of ten percent (10%) of the annual license
tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00).
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-13. Duplicate Business Tax Receipts.
Duplicate Business Tax Receipts may be issued by the Development Services Division. A fee of five dollars ($5.00) will be assessed for each duplicate 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; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-14. Business Tax Receipts to be posted or carried.
(a) Business Tax Receipts issued to businesses that have a permanent place of business within the city shall prominently display the current Business Tax Receipt within the place of
business.
(b) In those occupations requiring business to be conducted outside of the permanent place of business, the Business Tax Receipt holder shall be required to produce the Business Tax
Receipt upon request.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business Tax Receipt obtained by false statements void ab initio.
No Certificate of Use and Occupancy or Business Tax Receipt issued under the provisions of this chapter shall protect any person from prosecution for transacting any business, trade
or profession not covered by the Certificate of Use and Occupancy or Business Tax Receipt, or protect any person doing business with a Business Tax Receipt issued upon any false statement
of variable factors. Certificate of Use and Occupancy or Business Tax Receipts that are issued based on false statements shall be considered as void ab initio and shall not protect
the holder thereof from prosecution for transacting business without a
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8 Boynton Beach Code
Certificate of Use and Occupancy or Business Tax Receipt. Falsification of information can constitute grounds for revocation of the Certificate of Use and Occupancy and Business Tax
Receipt, and the city may impose a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie evidence.
(a) It shall be unlawful for any person to engage in any business, profession or occupation required to be certificated and receipted hereunder without the required inspections and
local business tax receipt or under a Certificate of Use and Occupancy and required inspection and local business tax receipt, conducted and issued upon false statements made by such
person, or in his behalf. Any person engaged in any such business, profession or occupation without first obtaining a Certificate of Use and Occupancy and required inspection and local
business tax receipt, if required herein, shall pay a penalty of twenty-five percent (25%) of the full year certificate and receipt year for such a trade, in addition to obtaining a
Certificate of Use and Occupancy fees and business tax fee set forth herein. Such person may also be charged with a criminal penalty as provided in section 1-6 of the Code of Ordinances.
(b) Any person, corporation or partnership which owns real property in the city and which by lease, license, grant or other written or oral arrangement permits any person to operate
a business without a valid and current Certificate of Use and Occupancy and local business tax receipt shall be subject to a fine of five hundred dollars ($500.00) per day and or sixty
(60) days in jail for each day that the business operates on the property without a valid and current Certificate of Use and Occupancy and local business tax receipt.
(c) Any person who engages in any business occupation or profession covered by this chapter, who does not pay the required business tax within one hundred and fifty (150) days after
the initial notice of tax due, and who does not obtain the required business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorneys’ fees,
additional administrative costs incurred as a result of collection efforts, and a penalty of two hundred fifty dollars ($250.00).
(d) Any person, corporation or partnership who engages in any business occupation or profession covered by this chapter, who does not pay the required Certificate of Use and Occupancy
fee within one hundred and fifty (150) days after the initial notice of fee due, and who does not obtain the required Certificate of Use and Occupancy, shall be subject to a fine of
two hundred fifty dollars ($250.00) per day for each day that the business operates on the property without a valid and current Certificate of Use and Occupancy and required inspection
beginning on the 151st day.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a) The specific penalties and enforcement mechanisms contained within this article are not exclusive remedies and shall not be construed as prohibiting the city from seeking other
fines and other remedies authorized by city, state, or common law, either exclusively or simultaneously.
(b) Any person subject to and who fails to secure a Certificate of Use and Occupancy and Business Tax Receipt required by this chapter or any other ordinance of the city or law of the
State of Florida, shall upon petition by the city be enjoined by the circuit court from engaging in the business in which he has failed to secure said Certificate of Use
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and Occupancy and Business Tax Receipt, until such time as he shall secure same, including all costs of such action.
(c) The city may bring any violation of this chapter as a City Code violation pursuant to Section 2-91 of the City Code to the Code Enforcement Board or Special Magistrate.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
(a) The city may revoke or refuse to issue, reissue, renew, or transfer any Certificate of Use and Occupancy or Business Tax Receipt provided for in this chapter due to:
(1) Any violation of applicable city, county or other local, state, or federal law or regulation, or
(2) The Director of Development determines the subject business and location does not comply with applicable city zoning codes and ordinances, or is in violation of applicable provisions
of any local, county, or state or federal regulations, ordinances, law, or statute.
(3) The Director of Development determines that proof of occupational or professional certification or licensure is required under applicable law and inadequate documentation was provided
or that the applicable certification or licensure has been revoked, suspended, terminated, or otherwise discontinued, either temporarily or permanently, by the applicable regulating
authority.
(4) When the city’s Code Enforcement Board or Special Magistrate has issued an order finding a code violation and compliance, as determined by applicable city staff, has not been achieved,
or
(5) When the city’s Code Enforcement Board or Special Magistrate has issued an order imposing a fine and the fine remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any Certificate of Use Business Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business
applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt 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 provide fifteen (15) days written notice upon the revocation of any Certificate of Use and Occupancy or Business Tax Receipt granted under this chapter and issued
to any person.
(d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use and Occupancy or Business Tax Receipt or whose Certificate of Use and Occupancy 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 city’s Special Magistrate. The Notice
of Appeal shall be filed with the City Clerk.
(e) The city shall schedule a quasi-judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with the city Special Magistrate. The hearing must be
conducted no later than forty-five (45) days from the filing of the Notice to Appeal. The initial burden of proof shall be on the city to establish that the refusal or denial to issue,
reissue or transfer a Certificate of Use and Occupancy or Business Tax Receipt is based on the grounds as set
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forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the city, county, federal or state law, that the Code violation
has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact.
(f) The decision of the Special Magistrate shall be final as of the date of the order 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, unless enjoined by the circuit court from engaging in the business in which
he has failed to secure said Certificate of Use and Occupancy and Business Tax Receipt.
(h) When denial of the issuance or reissuance of a license is based on division (a)(5) 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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-19. Special permits for nonprofit enterprise.
The city shall issue special permits, following issuance of a Certificate of Use, without payment of any Business Tax Receipt fees, 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; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-20. Special Events.
(a) Permits for Special Events. It shall be unlawful to organize, conduct or participate in any Special Event on the streets of the City or any public or private property unless a permit
for such Special Event has been issued by the City Manager or designee.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private
facility, street, sidewalk, alley, park or other place or building where the Special Event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies
any public area or building and preempts use by the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades,
walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by City Ordinance. Merchandise
sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however, applicant must
still obtain the proper Special Sales Event Approval (ref. Part III LDR Ch. 2, V. 4) and Building Permit, if applicable. City events, and events produced in partnership with the City,
may receive a permit waiver by the City Manager or designee.
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Special Event Handbook. A publication issued by the City of Boynton Beach entitled “Special Event Handbook” sets forth procedures for the application process and City requirements
for Special Events. This booklet may be amended from time to time by the City Manager or designee; however Special Event Permit Fees shall be established and amended by resolution of
the City Commission.
(c) Application for a special event permit.
(1) Any person, business, or organization seeking to conduct a Special Event in the City shall file an application with appropriate fee on forms provided by the city. A fee will be
charged for events which are canceled.
(2) All information solicited on the Special Event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application.
(3) The City Manager or designee reserves the right to waive application filing deadlines on a case by case basis.
(d) Standards for issuance of permit. A Special Event permit shall be issued unless:
(1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Applicant;
(2) All of the conditions set forth herein, and all contractual requirements imposed by the City, if any, have not been or will not be met;
(3) The Special Event will interfere with or unduly burden the City’s provision of municipal services to the community including, but not limited to, police, fire and emergency medical
protection, water and sanitary sewer service, risk, and solid waste removal;
(4) The appropriate fees have not been paid.
(e) Conditions for permit. All Special Event permit applications approved pursuant to this article shall be subject to the following conditions:
(1) The public area utilized shall be cleaned up following any Special Event and in all respects restored to its former condition. A refundable security bond, or similar financial
pledge, may be required in amount to be determined by the City Manager or designee, to ensure that any damage is repaired and the premises returned to its previous condition.
(2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the City Manager or designee, if such would result in permanent damage to City
property or constitute a hazard to public safety.
(3) A detailed site plan shall be submitted showing the locations of any tents, port-o-lets, parking lots, stages, booths, and the like, and the time periods for set up and break down
of the event. This plan shall be subject to review and approval by city staff.
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(4) Indemnification and insurance, listing the City as an additional insured, shall be provided as required by the City.
(5) Unless extended by the City Manager or designee, all permits necessary to conduct the Special Event shall be obtained and copies thereof provided to the City not less than 5 business
days prior to the first day of the event.
(6) The need for a City employee at the Special Event will be determined by the City Manager or designee.
(f) Enforcement/penalty. It shall be unlawful to operate or hold any Special Event in the City without compliance with this section. Failure to comply with this section shall be deemed
a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail.
(g) Right to deny issuance, revocation; right of appeal. The City may refuse to issue, reissue or revoke any Special Event permit which violates any portion Section 13-20. An applicant
whose Special Event permit has been denied or revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the City Manager
for review.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01-19, § 1, 4-17-01; Ord. No. 03-025, § 1, 6-17-03; Ord. No. 12-012, § 2, 7-3-12;
Ord. No. 15-015, § 3, 6-16-15)
Sec. 13-21. Registration and regulation of contractors.
Contractors and specialty contractors, unless exempt as described in Florida Statutes, Section 205.065, who do not maintain a location or branch office in the city but who conduct business
within the city shall be required to register with the city before
conducting business within the city. Contractors who are holders of a valid countywide municipal contractor's license, in addition to a Palm Beach County Business Tax Receipt, shall
be required to register, show proof of the countywide municipal license and pay a registration fee of two dollars ($2.00). Contractors who are not holders of a valid countywide municipal
contractor's license shall be allowed to register and the fee schedule shall be set by ordinance.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-22. Professionals, Business Tax Receipt.
Each professional, engaged in the practice of any profession, shall be required to obtain an individual Business Tax Receipt.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-23. Home occupational Business Tax Receipt fees.
Business Tax Receipts for home occupations, when otherwise permitted, shall pay the same fee for
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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; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-24. Coin-operated vending machines.
(a) A Business Tax Receipt is required for all vending machines, except that the following coin-operated machines are and shall be exempt from Business Tax Receipt hereunder:
(1) No 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 Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise a holder of a Business Tax Receipt by the
city, and such machines are located and operated at the owner's regular 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
Business Tax Receipt if not otherwise paid.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the Certificate of Use and Occupancy 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; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14)
Sec. 13-26. Businesses that tow vehicles.
(a) Any person or firm that tows or removes vehicles and proposes to require an owner, operator, or person in control of a vehicle to pay the costs of towing and storage prior to redemption
of the vehicle must file and keep on record with the City Police Department a complete copy of the current rates to be charged for such services, post at the storage site an identical
rate schedule, and provide the current rate schedule with any written contracts with property owners, lessors, or persons in control of property which authorize such person or firm to
remove vehicles.
(b) Any person or firm towing or removing any vehicles from private property without the consent of the owner or other legally authorized person in control of the vehicles shall, on
any trucks or other vehicles used in the towing or removal, have clearly indicated, in at least two-inch letters such person's or firm's name, address and telephone number on the driver
and passenger side doors.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 12-012, § 2, 7-3-12)
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Sec. 13-27. Identification of vehicles used in business or occupation.
Any and all trucks or other vehicles operated or used in connection with any contracting, building, delivery, maintenance, repair service, manufacturing business or occupation conducted
within the municipal limits of the City of Boynton Beach, Florida, shall have painted or otherwise prominently displayed in a visible and legible manner upon such truck or other vehicle,
the name and address of the business in which such truck or other vehicle is used. Such information shall be displayed on both sides of the vehicle, and the letters included in such
sign shall each be a minimum height of two inches.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 12-012, § 2, 7-3-12)
Sec. 13-28. Certificate of Use and Occupancy and inspections.
(a) Purpose. The operation of businesses within the city without the safeguards associated with the filing of an application for a use and occupancy certificate and inspection constitutes
a danger to the health, safety and welfare of the community. The city commission has determined that more effective enforcement procedures are necessary to prevent the operation of a
business in the city without first obtaining a use and occupancy certificate and inspection and a local business tax receipt or paying a local business tax. Owners of real property who
permit businesses to operate from their property without verification of a valid and current use and occupancy certificate and inspection and local business tax receipt contribute to
the proliferation of illegal business. An increase in the penalty for operating a business without obtaining a use and occupancy certificate and inspection and a local business tax receipt
or without paying a local business tax will have a greater deterrent effect on businesses operating illegally within the city. This enforcement procedure was adopted to maximize the
city’s ability to enforce the city’s prohibition against conducting a business
without proper application for a use and occupancy certificate and inspection and a local business tax receipt and to encourage swift compliance with these requirements.
(b) Use and occupancy certificates must be obtained by the local responsible party prior to:
(1) A dwelling unit being rented for residential purposes;
(2) A building or portion thereof of a commercial or industrial space being occupied by either a new owner or business tenant; and
(3) Any other parcel of land being used by an owner or business tenant for commercial or industrial purposes.
(c) Use and occupancy of a property with inspection is the method by which the city documents the existing conditions of a property and any non-conformities, establishes the current
land use and zoning, and grants approval to occupy at a given location for specified uses.
(d) All property owners of either commercial or industrial space must apply for a Certificate of Use and Occupancy on an annual basis and the properties will be inspected on an annual
basis.
(e) All property owners of residential space to be rented as a dwelling unit must apply for a Certificate of Use and Occupancy and must schedule an inspection for the properties to
be rented. Inspections of residential rental dwelling units shall occur on a biennial (every other year) basis at a minimum.
(Ord. No. 14-018, § 2, 9-3-14)
Secs. 13-29 — 13-51. Reserved.
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ARTICLE II. GARAGE SALES*
*Note-See the editor’s footnote to Ch. 13.
Sec. 13-52. Defined.
A “garage sale,” as used in this article, is hereby defined to mean any sale or offering for sale of personal property by a member of a family or other household unit, said personal
property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present
residence of such family or household. “Garage sale” shall include sales commonly referred to as patio sales, driveway sales, yard sales, and other such sales. “Garage sales” shall not
include the sale or offering for sale of any goods on consignment. It shall include the sale or offering for sale of goods of more than one family or household.
(Ord. No. 83-10, § 1, 5-17-83; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-010, § 2, 7-1-14)
Sec. 13-53. Exception to article provisions.
The provisions of this article shall not apply to sales of personal property made pursuant to a valid order of a court of competent jurisdiction.
(Ord. No. 83-10, § 1, 5-17-83; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-010, § 2, 7-1-14)
Sec. 13-54. Reserved.
Editor’s note—Ord. No. 14-010, § 2, adopted 7-1-14, repealed Sec. 13-54 requiring garage sale permits, which derived from Ord. No. 83-10, § 1, adopted 5-17-83, as amended by Ord. No.
12-012, § 2, adopted 7-3-12.
Sec. 13-55. Reserved.
Editor’s note—Ord. No. 14-010, § 2, adopted 7-1-14, repealed Sec. 13-55 regarding written statements required for garage sale permits, which derived from Ord. No. 83-10, § 1, adopted
5-17-83, as amended by Ord. No. 12-012, § 2, adopted 7-3-12.
Sec. 13-56. Reserved.
Editor’s note—Ord. No. 14-010, § 2, adopted 7-1-14, repealed Sec. 13-56 regarding garage sale permit fees, which derived from Ord. No. 83-10, § 1, adopted 5-17-83, as amended by Ord.
No. 12-012, § 2, adopted 7-3-12.
Sec. 13-57. Limitation on number of garage sale occurrences.
Only two (2) garage sale occurrences shall be allowed to one residence, family or household during any calendar year.
(Ord. No. 83-10, § 1, 5-17-83; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-010, § 2, 7-1-14)
Sec. 13-58. Penalties; prima facie evidence.
In addition, a person operating a business in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each
day business is operated in violation of this chapter.
In any original prosecution under this section, the fact that such person is open for business shall be prima facie evidence of engaging in such trade, business, profession or occupation,
and the burden shall be upon the defendant to rebut the same.
(Ord. No. 83-10, § 1, 5-17-83; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-010, § 2, 7-1-14)
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ARTICLE III. ADULT
ENTERTAINMENT ESTABLISHMENTS
Sec. 13-59. Operation of adult entertainment establishments.
All adult entertainment establishments as defined in Sec. 13-60 shall operate in accordance with this section, as well as in accordance with Chapter 3, Alcoholic Beverages and Part
III, Land Development Regulations, Chapter 3, Zoning, Article IV, Sec. 3.D.
(Ord. No. 10-030, § 4, 12-7-10)
Sec. 13-60. Defined.
An adult entertainment establishment is a commercial enterprise which predominately limits admission to adults only owing to the sexual nature of its merchandise or entertainment. Such
establishments may include, but not be limited to, adult bookstores, adult theaters, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment
or employees.
(a) Nude or partially nude performers/ entertainers or employees shall not approach within six (6) feet of patrons, customers, or other employees or other performers/entertainers.
(b) Nude or partially nude performers/ entertainers or employees shall only entertain from a designated stage raised from the floor a minimum of eighteen (18) inches.
(c) The minimum floor area per room or partitioned area within an adult entertainment establishment shall be 2,000 square feet exclusive of kitchen space, restrooms, storage areas and
any other non-public/customer area of the establishment.
(Ord. No. 10-030, § 4, 12-7-10)
Secs. 13-61—13-79. Reserved.
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ARTICLE IV. LIVE
ENTERTAINMENT PERMITS
Sec. 13-80. Live entertainment permit.
(a) Definition.
(1) Live entertainment defined. Live entertainment means a use in connection with a restaurant, bar/nightclub, or indoor/outdoor entertainment establishment, wherein floorshows or
other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified music or other related sounds or noise, are provided indoors
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or outdoors, including but not limited to entertainment provided by musicians, disc jockey (DJ), master of ceremonies (MC), or karaoke.
(b) Time limits. Any live entertainment permit (herein referred to as “permit”) granted by the city shall expire twelve (12) months after the date of approval of such permit and must
be renewed in accordance with subsection (h) of this section.
(c) Method of approval. A permit may be approved by the city after an application, as provided herein, has been processed by city staff.
(d) Review and approval procedure.
(1) Permit applications shall be obtained from and filed with the Development Department, and may be initiated by the owner of the subject property or the owner's designated representative.
All applications must be signed by the property owner. A complete application will be processed by the Development Department, which also consists of the required fee and necessary supportive
materials, including the following:
a. A site and/or floor plan, indicating the location of the live entertainment.
b. A summary of facts concerning the location and orientation of the live entertainment, including proposed days and hours of operation, description of proposed entertainment, description
of premises where entertainment is proposed, number of entertainers, etc.
c. A valid Business Tax Receipt. All businesses wishing to secure an entertainment permit must
conform with all local zoning requirements.
d. A signed affidavit affirming the business will not violate the Noise Control Ordinance.
(e) Non-transferable permit. A permit is valid only for a specific establishment at a specific location and is nontransferable to another establishment. If an establishment with a valid
live entertainment permit ceases operation at a specific location and another establishment begins operation at this location, the live entertainment permit is nontransferable to the
new establishment at the same location. In addition, if an establishment with a valid permit relocates, the permit is nontransferable to the new location. In both instances, a new permit
application must be submitted for City Commission consideration.
(f) Standard conditions of approval for all permits. The following are standard conditions for approval of all permits which are incorporated into the City Commission's approval of
a permit application and made a part of the terms under which the live entertainment permit is granted:
(1) For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary use for ingress and egress. If doors and/or windows are
opened during the performance, subsection (f)(2) of this section is applicable.
(2) Section 15-8 of the City's Code of Ordinances, Noise control-Short title; through section 15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to live
entertainment, and all live entertainment shall be subject to enforcement of the City's Noise Control Ordinance.
(3) Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 100 feet
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of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and 12:00 a.m. on legal holidays as defined in the City's Noise Control Ordinance, Friday and Saturday
evenings.
(g) Standards for review. In its deliberations concerning the granting of a live entertainment permit, the city shall carefully consider the following guidelines and standards:
(1) Ingress and egress to the subject property and use, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access
in case of fire or catastrophe, shall be on substantially improved property and generally conform to current city regulations and not potentially detrimental to existing or anticipated
uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site.
(2) Off-street parking areas for the principal use shall be in conformance with applicable (e.g. parking space requirements) standards with respect to required parking, as well as
be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the intended entertainment to be serviced, with particular attention to the items listed
in subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the live entertainment
shall not be detrimental to the adjoining properties in the general area.
(3) Refuse and service areas, with particular reference to the items listed in subsections (g)(1) and (2) of this
section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue
of smoke, noise, glare and the like, to adjacent properties.
(4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility.
(5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted
plans and shall be adequate to protect adjacent properties. This shall include proposed strategies to mitigate sound levels at adjacent property lines and distances from the noise source(s)
as enumerated in the city's Noise Control Ordinance.
(6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined
to be adequate, safe and not detrimental or a nuisance to adjacent properties.
(7) The proposed live entertainment shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area.
(h) Permit renewal procedure. Permits shall renew on an annual basis in conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments with complaints
that have been the subject of an Order issued by the City's Code Compliance Board finding the establishment in violation of City Code, and/or findings by a civil or criminal court of
a violation of City Code or other
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applicable law(s) shall require annual City Commission approval prior to the renewal of the permit. Permits not approved for renewal by City Commission will be prohibited from re-applying
for a period of one (1) year.
(i) Revocation of permits. The City Commission may revoke a previously approved permit upon finding, in a public hearing, that operation of the live entertainment has resulted in the
violation of a city ordinance, or any of the conditions of approval outlined in the approving resolution, including the standard conditions outlined in subsection (h) of this section,
and that the City's Code Compliance Board has found that a violation has occurred, and entered an order finding that such a violation has occurred pursuant to Chapter 2, Article V, of
the City's Code of Ordinances.
In the event the City Commission revokes a live entertainment permit, the City Commission shall not issue a new permit for the same location for a period of twelve (12) months from
the date of revocation. In order to submit an application for a new permit, the location must not have been found in violation of any City Code provisions within the twelve (12) month
time period just prior to the date the application for a live entertainment permit is submitted.
After the time period specified above has elapsed, a new permit application may be submitted to the Development Department. This renewal application shall also include submittal of
an impact analysis which demonstrates mitigating solutions intended to reduce or eliminate the potential for violating the Noise Control Ordinance or otherwise creating off-site nuisance
conditions.
(j) The City Commission hereby establishes the following live entertainment permit application fee, a
live entertainment permit fee which is computed based upon the date of the Commission's action approving the application, and an annual live entertainment permit renewal fee:
(1) Live entertainment permit application fee $150.00
(2) Annual permit renewal fee $50.00
(k) Live entertainment without a permit is prohibited and violations of these regulations may be enforced by the city as follows:
(1) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged, or
(2) The City may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or
(3) The city may prosecute violations of this section by issuance of Notices to Appear for violation of a city ordinance, in which case, the penalty for a violation shall be as follows:
a. First violation - $100.00
b. Second violation within twelve (12) months of adjudication of first violation - $150.00
c. Third violation within eighteen (18) months of adjudication of first violation - $250.00
Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine, or
(4) The City Attorney, with authorization from the City Commission, may bring
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suit on behalf of the city to enjoin any violation of this section. (Ord. No. 11-004, § 2, 2-15-11; Ord. No. 12-016, § 2, 10-2-12)
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