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O68-07ORDINANCE NO. 68 -~ AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,~ AMENDING SECTION 26-2 OF THE CODIFIED ORDINANCES OF SAID CITY PROVIDING FOR IMPOSITION OF CIGARETTE E~fCISE TAX; PROVIDING FURTHER FOR AUTHORITY TO CODIFY, A SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. PREAMBLE This Ordinance is deemed to be an emergency measure enacled for the immediate preservation of the health, safety and welfare of the inhabitants of the City of Boynton Beach, Florida, and for the efficient daily operation of the Municipal Finance Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BI, ACH, FLORIDA: SECTION 1: That Section 26-2 of the Codified Ordinances of the City of Boynton Beach be, and the same is hereby amended to read: "Section 1. Tax imposed; Amount. (1) An excise or privilege tax, in addition to all olher taxes of every kind imposed by law, is imposed upon the sale, receipt, pprchase, possession, consumption, handling, distribution and use of cigarettes sold or to be sold at retail within the territorial limits of the City in the following amounts except as otherwise provided by general law, for cigarettes of standard dimensions: (a) Upon all cigarettes, as herein defined, four inches long or less, five and one-half mills on each cigareite. (b) Upon all cigarettes, as herein defined, more than four inches long and not more than six inches long, eleven mill~, on each cigarette. (c) Upon all cigarettes, as herein defined, more than six inches long, twenty two mills on eaela cigarette. (2) The description of cigarettes contained in paragraphs (a), (b) and (c) of subsection (1) are hereby declared to be standard as to dimensions for taxing purposes as provided in this Ordinance and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shall be taxed at the rate of one cent on each such cigarette. (3) Where cigarettes as described in subsection (1) (a) above, are packed in varying quantities of twenty (20) cigarettes or less, the following rate shall govern: (a) Packages containing ten (I0) cigarettes or less require a five and one-half cent (5-1/2~) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require an eleven cent (i1~) tax. (4) above, Where cigarettes, as described in subsection (t) (b) are packed in varying quantitites of twenty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (i0) cigarettes or less require an eleven cent (11~) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a twenty-two cent (22~) tax. (5) Where cigarettes, as described in subsection (1) (c) above, are packed in varying quantities of twenty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (i0) cigarettes or less require a twenty-two cent (22~) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a forty-four cent (44~) tax. SECTION .2: Sepa__rability. Each of the provisions of this Ordinance are separable including word, clause, phrase, or sentence, and if any provision hereof shall be declared invalid, the remaining portion shall -2- not be affected but shall remain in full force and effect. SECTION 3: Repe.aling Provisions. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 4: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing code. SECTION 5: Effective Date. This Ordinance is deemed be an emergency measure and shall take effect on April 1, 1968. ~>~Y~D ATTEST: City Clerk CORP, SEAL CITY OF BOYNTON BEACH, FLORIDA Mayor ~ ~ ~ eunc i~m an ~ouncilman z~ (.~x~ C ouncilm an -3-