O76-33ORDINANCE NO. 76-33
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDrNG SECTIONS 15-2 TItP~UGH 15-4, INCLUSIVE, 15-6
TttROUGH 15~8 {a), (b) and (c), INCLUSIVE, 15-10 (d), 15-16,
15-17.2 (b), 15-23 AND 15-24 OF CtL~kPTER l~ OF THE CODIFIED
ORDINANCES OF SAID CITY TO TRANSFER JURISDICTION AND
CONTROL OF MUNICIPAL LICENSE DEPARTMENT FROM CITY
CLERK TO CITY MANAGER; PROVIDING FOR AUTHORITY TO
CODIFY,' sAVINGs CLAUSE, REPEA~ING pRovISiONS. ANEF-
FECTIVE DATE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH
FLORIDA:
That Chs40ter 15 of the Code of Ordinances of the City of Boynton Beach,
~torida, be and the same is hereby amended in the following respects:
Section l: The first and last sentences of Section 15-2 of Chapter 15 of the
)dified Ordinances of said city are hereby amended to read as follows:
"Sec. 15-2. Registration required; fee; basis of one fiscal year;
penalty.
Any person who engages in any business, occupation, or profession
within the municipal boundaries of the City of Boynton Beach, Florida,
not required to be licensed hereunder, shall be registered with the
city manager by executing an information form to be provided by the
city and by paying to the city manager a registration fee of five dollars
($5.00)...Anyone violating this provision by failing to register the
required information with the city manager shall be deemed guilty of
a misdemeanor punishable as provided hereinafter."
Section 2: That Section 15-3 of Chapter 15 of the Codified ordinances of
mid city is hereby amended to read as follows:
"Sec. 15-3. Application for license.
Before the city shall be required to issue a license for engaging in
or carrying on any of the businesses ,~ professions or occupations
specified and set forth herein, it shall be the duty of the applicant
to file an application with the city manager, such application to be
in the form required by the city, and such applicant shall be re-
quired to furnish to the city council such other information not con-
tained in the application as the council may require."
Section 3: The seventh sentence of Section 15-4 of Chapter 15 of the
',odified Ordinances of said city is hereby amended to read as follows:
"Sec. 15-4. Issuance of license; duration; half-year license;
when due and payable; delinquency.
. .Upon payn~ent of such tax· the city manager shallissue to the
person paying the same, a receipt for license signed by such city
manager,, which receipt or license shall expire at the end of the
period ior which such license is issued as hereinabove specified."
Section 4: Section 15-7 of Chapter 15 of the Codified Ordinances of said
city is hereby amended to read as follows:
"Sec. 1§-7. Declaration where fee depends on variable factors
within applicant's kno%vledge.
Whenever the amount of the license applied for depends upon the
amount of stock in trade carried by the applicant, or the number
of sleeping rooms in a hotel, motel, apartment or rooming house
etc., or the amount of capital invested in the business · or the
number of seats or~ spaces in a restaurant, etc. · or the number of
employe~s, or the number of vehicles, or any other facts not with-
in the personal knowledge of the city mana~er~ no license shall be
issued until the applicant therefor has made and filed with the city
manager ~a declaration setting forth the amount of stock in trade
the number of s~ ecpin~ rooms, the amount of invested capital· the
n~mber of seats or spa~ces, the number of employees, the number
of vehicles, or other facts upon which the amount of such license
depends ~ which to the best of the applicant's knowledge and belief
is true, eorrect and complete
Section 5: Subparagrraphs (a), (b) and (c) of Section 15-8 of Chapter
the Codified O~dinances of said city are hereby amended to read as follows:
"Sec. 15-8. Transfer of license; duplicate: fee, postinE.
(a) Transfer to new owner. Business licenses Eranted or issued
unde~ the provisions of this chapter may be transferred with the
approval and written authorization of the city manager endorsed
thereon, ~with the business for which they were taken out when there
is a bona fide sale and transfer of the proper~y used and employed in
the business, but such transferred license shall not be held ~ood for
any longer time or any other place than that for which it was originally
issued; provided, that the original license shall be surrendered to
and filed with the city manager at the time application for transfer is
made, and sudh transferred ticense~after being' approved shall be of
the samelforce and effect as the original license. At the time any such
license is transferred, the person applyin~ for such transfer shall
pay to the city manage~ a transfer fee of three dollars IS3.00) and
shal] present evidence of the sale.
(b) Transfer~to new ~location~ Business licenses may also be
transferred from location to location with the approval and written
authorization of the city manager endorsed thereon· provided no
change o~ ownership has occurred or is in the process and the
license ctassibcation in which the license was originally issued re-
mains unaffected, but such transferred 1.icense shall not be held
good for ~ny longer time or any other place than that for which it
was ori&H_natly issued: provided that the original license shall be
surrendered to and tiled with the city manager ~a~ the time applica-
tion for transfer is made, and such transferred license after being
aporoved shall 'be of the same force and effect as the original license.
At the time any such l~cense is transferred, the person applyang for
such transfer shall pay to the city manager a fee in the amount of
three dollars ($3, (~0) .
(c) ~ The city manager shall make a charg~ of one dollar
($f.,0~,) ~0r each duplicate license,issued to r:eplace a~y llcenSe
issued dz~(ier the provisions~ ~f'tbis Chapter Which;ha~ been
st6ien., defaced o? destroyed, without any wilful Conduct on the
part ef the licensee i ~pon the filing by,the lidensee o~ a Statement
attes~g to such fact." ~ ~
Section~ 6: Subparagraph (d) of Sebtion 15-1 ~ of~Chapter 15 of the Codified
Ordinances oi said city is hereby amended to read as follows:
"Sec. 15-10. Payment of personal property taxes; preliminary
personaL property tax return; deposit.
(d) However, the city manager may, before issuing a license
based on information of which he has knowledge, require that
a deposit fo~ personal prope~y t~xes be posted by the appLi-
cant for such license inan amount determined by the city manager
based upon a reasonable esfimate of the valuation of personal
property by him and subjected to the millage assessed against
the subse~uen~ assessment for personal property taxes."
Section 7: The second sentence of Section 15-17.2 (b) of Chapter 15 of the
,~odified Ordinances of said city is hereby amended to read as follows:
"Sec. 15-17.2. Identification of vehicles used in business or oc-
· . . Such decal shall be prepared by the city manager and issued by
ssad manager."
Section 8: The first sentence of Section 15-23 of Chapter 15 of the Codified
)rdinances of said city is hereby amended to read as follows:
"Sec. 15-23. Same - Official form; posting; transfer; name
and number.
The city manager shall issue the licenses herein provided for
on forms to be adopted by the city manager· . "
Section 9: Section 15-24 of Chapter 15 of the Codified Ordinances of said
~ity is hereby amended to read as follows:
"Sec. 15-24. Same - Number limited; order of issuance.
The city .manager of the city shall not issue any license for
any machine under the provisions of this article which shall
be in excess of one such machine to each two hundred (200)
persons in the city~ according to the last state, federal or
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municipal census. All such licenses as shall be issued by the
city manager under the provisions of this article shall be issued
in the order in which applications therefor are made, and in no
other manner."
Section 10: Authority to Codify: Speci~c authority is hereby granted
to codify and uucorporate this Ordinance in the City's existing Code.
Section 11: Separability: Each of the provisions of this Ordinance
.s separable, including word, clause, phrase or sentence, and if any portion
;hereof shall be declared invalid, the remaining portion shall not be affected but
~hall remain in full force and effect.
Section 12: Repealing Provision: Ail ordinances or parts of ordinances
conflict herewith are hereby repealed.
Section t3: An Effective Date: This Ordinance shall become effective
in the manner and at the time provided by law.
First reading this ~ day of ~ , A. D. 1976.
Second, final reading and passage this ~ day of
A.D., 1976.
CITY OF BOYNTON BEACH, FLORIDA
BY
Ma~or
~-TTEST:
Council Member
Council Member
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