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O67-09ORDINANCE NO. 67-9 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: That Chapter 15 of the Code of Ordinances of the City of Boynton Beach, Florida, be and the same is hereby amended to read as follows: SECTION 15-1. DEFINITIONS. For the purposes of this chapter, the following terms, phrases, words, and their derivations shalI have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (i) Business is meant to include all kinds of occupations professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in this city, or anywhere else within its jurisdiction. (2) Insignia, or its singular number "insignie" is any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license. (3) License or Licensee, as used generally herein, shall include respectively the words "permit", or "permittee' or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance. (4) Premises is meant to include all lands, structures, places and also the equipment and appurtenances con- nected or used therewith in any business and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises. SECTION 15-2. LICENSES OR PE~,~ITS REQUIRED. It shall be unlawful for any person, either directly or indirectly to conduct any business enterprise, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by any law or ordinance of this city, without a license or permit therefore being first procured and kept in effect at all such times as required by this chapter or other law or ordinance of this city. SECTION 15-3. SPECIAL SALES. This chapter shall apply to all business in the nature of special sales for which a license is required by any law or ordi- nance of the city and it shall be unlawful for any person, directly or indirectly, to cnnduct any such sale except in conformity with the provisions of this chapter. SECTION 15-4. DOING BUSINESS -- WHAT CONSTITUTES. For the purpose of this chapter, any person shall be deemed to be in business or engaging in an enterprise for profit, when he does an act of: Selling goods or services. Soliciting business or offering goods or services for sale or hire. Acquiring or using any vehicles or any premises in the city for business purposes. The provisions of the Chapter shall not apply to: (a) (b) (c) (d) (e) (f) Persons working for an hourly wage or who provide no goods or materials of any kind, or who are directly under the control and supervision of their employers, unless otherwise provided herein. Charitable institutions. Civic organizations when selling articles for civic or charitable purposes. Government agencies. Franchised utility companies, if no business office in City. Persons excepted by state laws. SECTION 15-5. SAME -- PRIMA FACIE EVIDENCE. In any prosecution under the chapter, the fact that such persons is open for business shall be prima £acie evidence of engaging in such trade, business, profession or occupation, and -2- the burden shall be upon the defendant to rebut the same. SECTION 15-6. AGENTS RESPONSIBLE FOR PRINCIPALS. The agents or other representatives of businesses located outside the city of Boynton Beach who are doing business in this city shall be personally responsible for their principals and of the businesses they represent in complying with this chapter. SECTION 15-7. BRANCH BUSINESS LOCATION; SEPARATE LICENSE REQUIRED. A separate license shall be required for each branch estab- lishment location or separate business. SECTION 15-8. TWO OR MORE BUSINESSES ON SAME LOCATION; SEPAP~ATE LICENSE NOT REQUIRED. A person engaged in two or more businesses in the same lo- cation shall not be required to obtain separate licenses for each business but shall, when eligible, be issued one license which shall on its face express all business covered therein. SECTION 15-9. DELIVERIES OF MERCHANDISE. No license shall be required of any person for any mere delivery, in the city, of any property purchased or acquired in good faith from such person at his regular place of business out- side of the city where no intent by such person is shown to exist to evade the provisions of this chapter. SECTION 15-10. APPLICATION FOR LICENSE TO BE FILED AND APPROVED BY CITY CLERK. No person shall be issued a license to engage in any busines occupation or trade until a sworn application on a form to be supplied by the city shall have been completed and approved by the city clerk. The said city clerk shall be responsible for the ad- ministrative processing of all license applications under the pro- visions of the chapter, the collection of all license fees, and shall issue licenses in the name of the city to all persons qualifying under the provisions of this section, said qualificatio~ and requirements being more specifically set forth in Section 15- 11 hereinafter. In addition, in connection with the administratio~ -3- and application of this section, the said city clerk is hereby 'authorized and required to: Adopt forms. Adopt all forms and prescribe all in- formation to be given therein as to character and other relevant matters for all necessary papers. (b) Require affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this section. (c) Obtain endorsements. Submit all applications to the city manager for his approval and, mn addition, to other proper city officials for their endorsements and approval thereon as to compliance by the applicant with all city regulations which they have the duty of enforcing. (d) Investigate. Investigate and determine the eligi- bility of any applicant for a license as prescribed herein. (e) Give notice. Notify any applicant of the acceptance o6 rejection of his application and shall, upon re- fusal of any license or permit, at the applicant's request, state in writing the reasons therefore and deliver them to the applicant. (f) Information confidential. The city clerk shall keep all information furnished or secured under the authority of this section in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the city council and to the persons charged with the administration or en- forcement of this section. SECTION 15-11. QUALIFICATION OF APPLICANTS. The general standards herein set out relative to the quali- fications of every applicant for a city occupational license shall be considered and applied by the city clerk. The applicant shall: (1) Reserved. (2) Not, either individually, or as a member of any party, group, or organization, at the time of any such appli- cation for a license or special permit, advocate or resort to any practices subversive of or designed for the overthrow, destruction, or sabotage of the govern- ment of the United States by force or unlawful means. Be of good moral character. Said applicant shall pro- vide the following information: (a) Penal history. Ail convictions, the reasons fherefore, and the demeanor of the applicant sub- sequent to his release. (b) License history. The license history of the ap- plicant; whether such person, in previously operating in this or another state under a license has had such license revoked or suspended, the reasons therefore and the demeanor of the appli- cant subsequent to such action. -4- (4) (5) (6) (c) General personal history. Such other facts relevant to the general personal history of the applicant as he shall find necessary to a fair determination of the eligibility of the applicant. Not be in default under the provisions of this chapter or indebted or obligated in any manner to the city except for current taxes. Present a certificate of occupancy furnished by the city inspector to the effect that the proposed use of any ~remises ismt a violation of city zoning regula- tions. Prior to issuance or renewal of any city occupational license to a General Contractor, speciality contractor~ and service contractors, the applicant shall furnish proof to the city clerk that the applicant has, in effect, a valid unrestricted county occupation license issued by Palm Beach County, and, in addition thereto,I he shall meet all the requirements of the City of Boynton Beach for such license. SECTION 15-12. CONTENTS OF LICENSE. Each license issued hereunder shall state upon its face the following: (2) (3) (4) The name of the licensee and any other name under which such business is to be conducted. The kind and address of each business so licensed. The amount of license fee therefore. The dates of issuance and expiration thereof. SECTION 15-13. DUTIES OF LICENSEE. Every licensee under this chapter shall: (ii Permit inspection. Permit all reasonable inspection of his buSiness premises. (2) Comply with governing law. Ascertain and at all times comply with all laws ahd regulatiOns appliCable to such licensed business. (3) Operate properly, Avoid all forbidden or improper practices or Conditions which affect the public health morals, or welfare. (4) Cease business. Refrain from operating the licensed businesses on premises after expiration of his license and during the period his license is revoked or sus- pended. (5) Upon issuance of license, each licensee shall post and maintain such license upon the licensed premises in a place where it may be seen at all times. (6) In connection with any construction project within the city, it shall be the duty and responsibility of the general contractor to ascertain and furnish proof by affidavit to the city building inspector, prior to said officer conducting a final inspection, that all subcontractors utilized on said project are duly and properly licensed to do business within the city by the City of Boynton Beach. SECTION 15-14. TRANSFER OF LICENSE; FEE. A licensee shall have the right to transfer his license to another person provided he shall: (i) Make written application to the city clerk for permit to transfer the license. (2) Execute transfer form which shall be provided. (3) Surrender any license certificate. (4) The new license shall be only issued to authorize the transferee to engage in the same business and at the same location or at such other location as may be approved in writing by the city council. (5) The licensee or transferee shall pay a transfer fee of two dollars for the issuance of a new license. (6) Before any license shall be transferred, the trans- ferree shall meet the qualifications and provide to the city all information required in Section 15-11 of the code in the same manner as any other applicant for an occupational license. SECTION 15-15. ENFORCEMENT. All police officers and any person authorized by the city council shall have the power to make investigations reasonably necessary to the enforcement of this chapter. SECTION 15-15 (1). CITY CLERK (i) Duties and responsibilities. The city clerk shall operate under the direct supervision of and be respon- sible to the city manager, and coordinate the execution of his duties herein provided with the chief of police, tax collector and other department heads of the city. The city clerk shall perform the following basic dutie~ with the aid of the police department: (a) Maintain continuing check of all business activi- ties of the city with regard to proper occupa- tional licensing; using as a basis, current license book furnished and periodically up-dated by tax collector. (b) Make activity checks as requested. (c) Check reports of possible license violations. (d) Advise contractors, workmen, and the general ~ub-~, lic of municipal regulations covering occupatzonai licensing. (e) Prepare and submit activity reports if requested. (f) Perform such other related work as required or directed by the city manager or city council. -6- SECTION 15-16. ISSUANCE, DURATION, EXPIRATION DATE, PRORATION OF FEE. All licenses required by this chapter shall expire on the thirty-first day of October each year. No license shall be issued for more than one year. For each license obtained between October first and May first, the full license fee for one year shall be paid except as hereinafter provided for. For each license obtained between May first and October first, one-half of the full license fee for one year shall be paid except as otherwise provided for. Upon payment of such license fee, the city clerk shall issue to the person paying the same a receipt or license signed by such city clerk which receipt or license shall expire at the end of the period for which such license is issued as hereinabove specifie For any license not renewed on December fifteenth, twenty per cent of original license fee shall be assessed. After December thirty-first the licensee shall be determined to be in violation hereof and operating a business without current license and shall be prima facie guilty hereunder. SECTION IS-I?. APPLICATION TO CERTAIN PROFESSIONS. The fee provided in Section 15-26 for architects, auctioneers auditors, or accountants, dentists, draftsmen, civil engineers, lawyers, osteopaths, chiropractors, chiropodists, phrenologists, physicians or surgeons, real estate salesmen, or other similar professions, shall be construed~ mean that each individual shall pay the fee herein provided, whether practicing by himself or in partnership or employed by another. SECTION 15-18. AFFIDAVIT OF AMOUNT OF STOCK, NUMBER OF ROOMS, ETC. WHEN REQUIRED. Whenever the amount of the license applied for depends upon the amount of stock in trade carried by the applicant, or the number of rooms in a hotel or rooming house, the number of employee or any other facts not within the personal knowledge of the city clerk, no license shall be issued until the applicant therefore has made and filed with the city clerk an affidavit, duly authen- ticated, setting forth the amount of his stock in trade, number of -7- rooms in his hotel or boarding house or other facts upon which the amount of such license depends. SECTION 15-19. PROTECTION OF LICENSEE LIMITED TO LICENSE COVERAGE; FALSE STATEMENTS. No license is'sued under the provisions of this chapter shall · protect any person from prosecution for transacting any business, i!itrade or profession not covered by such license, nor shall protect any merchant doing business with a greater stock in trade than covered by such license, nor any hotel keeper or rooming house keeper having a greater number of rooms than is covered by such license. Any license issued upon any false statement made under oath shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business with- out a license. SECTION 15-20. PAYMENT OF PERSONAL PROPERTY TAX PREREQUISITE TO ISSUANCE. No license shall be issued to any ~erson for any business, profession or occupation under this chapter unless and until the applicant for such license shall have paid current year personal property taxes which have been assessed by the city against the property to be used in such business, profession or occupation. In the event such person shall not have paid such personal property taxes for at least one year prior to the issuance of such license, such person shall, prior to the issuance of such license, furnish the city clerk of the city with a cash or security bond payable to the city in a sum equal to five times the amount of the license, conditioned upon the payment of personal property taxes for that period of time in such fiscal year during which such person shall do business. SECTION 15-21. RESPONSIBILITY OF OWNER OR PERSONS IN CONTROL OF VEHICLE. It shall be unlawful for any person to drive, stop or park or for the owners to cause or knowingly permit to be driven, stopped or parked on any street within the City of Boynton Beach -8- any truck or commercial vehicle conducting a business within the city unless such vehicle meets the requirements of sub-section (a) and (b) of Section 15-28 of this chapter. ~'.SECTION 15-22. SUSPENSION OR REVOCATION; REFUND OF FEE. Any license issued by the city may be temporarily suspended or absolutely revoked or cancelled by a majority vote of the city council when the council shall have ascertained and determined, in the exercise of its sound discretion, that such action will pro- more the public peace, health, safety, welfare, harmony or good order of the neighborhood in which the licensee's place of business iiis located~ provided, however, that in the case of the revocation or cancellation of such license, the city shall refund to licensee the prorate unearned or unused portion of his or its license; pro- Ivided £urther, that no refund shall be made where the license is temporarily suspended. SECTION 15-23. EXEMPTIONS. Disabled veterans of World War I, World War II, and the Spanish War, all confirmed cripples, deaf and mute persons and invalids physically incapable of manual labor, widows with minor dependants and persons sixty-five years of age or older shall be allowed the same exemptions as such persons are now or shall be hereafter entitled to by law in connection with state and county licenses. SECTION 15-24. FALSE STATEMENTS, UNLAWFUL. It shall be unlawful for any person to engage in any trade, business, profession or occupation within the city upon a license issued upon false statements made by any person or in his behalf. ~/Any person engaged in any trade, business, profession or occupation within the city or under a license issued upon false statements made by such person, or in his behalf, shall be punished as pro- !Ivided in Section 15-19 and 15-28 SECTION 15-25. MULTIPLE LICENSES. Except as otherwise provided herein, in the event any person engaged in a business, occupation or profession at one location or llplace of business requires under the terms of this chapter to have more than one license and to pay more than one license fee, the licensee shall pay in full the highest license fee so required. SECTION 15-26. FEES ESTABLISHED. License fees shall be in amounts as established in Ordinance 67-9(A) as a supplement to this ordinance. SECTION 15-27. USED CAR LOT. For the purposes of this section, a used car lot shall be considered to be any business location within the municipal limits of the city engaged in the whole- sale or retail sale of secondhand or used automobiles, or other type of used motor vehicles and other ser- vices normally attendant to such business. (b) Prior to the issuance of any occupational license authorizing the operation o~ a used car lot within the city, such license must be approved by the city council. In addition to the other requirements set forth in this section and other existing sections of the code pertaining to the installation or opera- tion of a used car lot, if, after due consideration of any license application for the operation of any such business, it is the judgment of the city council that the issuance of such license shall result in increasing or creating fire, traffic or other danger- ous hazards, endangering children or the general pub- lic, the emission of offensive noise or noxious odors, or otherwise constitute an objectionable nuisance, or otherwise be detrimental to the health, safety, and general welfare of the community, and in~e absence of counterbalancing public demand for the issuance of such license in the vicinity in question, the coUncil may refuse to issue such license. The requirements set forth in this sub-section of this section shall be applicable regardless of the zoning classification of the property location connected with any such license application contemplated herein. In addition, the city council reserves the right, in connection with the approval and issuance of any such license, to impose reasonable restrictions or re- quirements upon the operation of such business relativ to installation of sanitary and office facilities, paving and lighting installation and reasonable hours and times of business operation. SECTION 15-28. IDENTIFICATION OF VEHICLES REQUIRED. (a) Any and all trucks or other vehicles operated or used in connection with any contracting, building, delivery maintenance, repair service, or manufacturing business or occupation conducted within the municipal limits of the City of Boynton Beach, Florida, as more partic- ularly defined under the provisions of Section 15-4 of this Code, (excluding, however, any profession included under the professional classification section -10- Cc) of the city's occuDational license tax schedule) 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. For the purposes of this section, such informations shall be painted on both sides of the vehicle and the letters included in such sign shall each be a minimum height of two (2) inches. Any and all trucks or other vehicles operated or used in connection with any business or occupation, as more particularly defined in sub-section (a) herein- above, conducted within the municiDal limits of the City of Boynton Beach, Florida, sh~ll have affixed thereto in a visible location, a decal identifying said vehicle, which decal shall be coded in such a manner as to make available to the city or other interested persons, the name and address of the busi- ness or occupation in which said truck or other vehicle is used. Such decal shall be prepared by the city clerk and issued by said clerk. In the event any of the vehicles mentioned in this section do not have a decal but notwithstanding are properly and duly licensed in the City as provided by this section, the police office shall warn the driver or the owner of said vehicle to secure said decal within two (2) business days and shall not make an arrest for said omission unless at the expiration of the warning period, there has been a failure to comply. Any persons, firm or corporation violating any of the provisions of this section shall upon conviction thereof be fined in an amount not exceeding five hundred dollars ($500.00) or by imprisonment in the city ~il for a period not exceeding ninety (90) days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 15-29. REPEALING PROVISIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 15-30. EFFECTIVE DATE. This ordinance shall becomeeffective in the manner and at the time provided by law. FIRST reading this 7th day of August ,1967. SECOND, final reading and passage this August ,1967. 21st day of -11- CITY OF BOYNTO~ BEACH, FLORIDA (SEAL) ATTEST: Councilman - ' (3' Councilman