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VI (B) Discussion re: Establishing Equity Study Committee for Occupational Licensing AGENDA 2-21-95 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item VI B OCOeQ S.SCOTT VANDERGRIFT 0Y44! , COMMISSIONERS •• CITY OF OCOEE RUSTY JOHNSON ... Q PAUL W.FOSTER v 150 N.LAKESHORE DRIVE SCOTT A.GLASS ne : OCOEE, 34761-2258 JIM MANAGEN (407)656-2322 CITY MANAGER At'P Of GOOV ELLIS SHAPIRO MEMORANDUM DATE: February 16, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director,i Administrative Services SUBJECT: Occupational License Taxes - Chapter 205, Florida Statutes "The Occupational License Tax Act" offered amendments to Chapter 205, Florida Statutes which among other issues allowed local government to assume authority over occupational license classification structure and tax structure provided certain procedures were followed. Included in this staff report are the various changes to Chapter 205; even as encompassing as "the Occupational License Tax Act" was, it still did not clarify the long debated definitions of Occupational Licenses and Permanent Locations. It does, however, allow (1) the development of new classifications (important to Ocoee as it continues to grow through economic diversity), (2) the deletion of obsolete classifications, and (3) the increase or decrease of license fees constrained by equity studies and 205.0535 (3) (b) 1, Florida Statute 10% rule. Protective Inspections - as the department charged with the responsibility of enforcement - has been, in part, funded for these regulatory activities through the occupational licensing fees. Ocoee's revenues for the last four years included: Revenues, Occupational Licenses City and County FY90-91 through FY93-94 City 77,783.00 98,469.00 96,337.00 105,307.00 County 17,573.00 19,491.00 26,825.00 28,936.00 Total 95,356.00 117,960.00 123,162.00 134,243.00 014 0 The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 2 To aid in the understanding of these amendments to Chapter 205 and their implications for Ocoee, this staff report will consist of: (1) A Brief Review of Occupational License Taxes (submitted originally to the Orlando Mayor and City Council, April 1994); (2) Amendments to Chapter 205, Florida Statutes (presented by Florida Association of Occupational Licensing Officials, Inc.); (3) Goals and Objectives of the Equity Study Commission (submitted originally to the Orlando Mayor and City Council, April, 1994); (4) Recommendation for Size of Equity Study Commission; (5) Comparison of classifications and tax structure to and with other local governments. A SHORT HISTORY OF OCCUPATIONAL LICENSE TAXES Florida has had an occupational license tax on certain occupations since 1845, but it was not until 1869 that an occupational license law was enacted. Chapter 1713, Laws of 1869, gave counties, cities, and towns the power to levy an occupational license tax. It also established a limit not exceeding fifty percent(50%) of the state tax. Major changes in the statutes were made in 1883 (chapter 3477, Laws of 1883), 1913 (chapter 6421, Laws of 1913) and 1941 (Chapter 20956, Laws of 1941). In each case, the basic structure of the tax remained in place. The enactment of SB 550 (Chapter 67-433, Laws of Florida) during the 1967 legislative session made extensive changes to Chapter 205, Florida Statutes. It specified the taxes to be paid by literally hundreds of businesses, professions, and occupations. It provided detailed tax schedules for such occupations as traveling medicine shows, corn shows, clairvoyants, and junk dealers. For several occupational classifications, it set tax rates according to the population of the city or county involved. This was true with regards to such occupations as circuses, moving picture shows, electric power plants, gas utilities, pawnbrokers, water companies and sewage disposal firms. For most classifications, it established flat rates, and in some instances it tailored the tax to the number of employees in the business or the inventory value. The changes enacted in 1967 modernized Chapter 205, Florida Statutes. However, local control over occupational license tax was limited. General law, through Chapter 205 and section 167.43, Florida Statutes, explicitly tied local revenues to the state's occupational license tax rate and classifications. County governments were not given independent authority to levy the tax. Seemingly the latitude of city government was also restricted. Under authority from the courts though, several municipalities were excluded from the general law restrictions. They used special acts or municipal charters to tailor the tax to local circumstance and tradition. In fact, cities had literally scores of local exceptions to the general law in place by the end of the sixties. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 3 In January of 1969, the revised version of the Florida Constitution went into effect. Article VII, Section 1.(a)pre-empted most forms of taxation to the state. Thus the municipal levy of occupational licenses could no longer be accomplished by special act or charter authorization, but instead was governed by general law. This limited all municipalities to fifty percent (50%) of the 1967 state license tax rates. In late 1971, the Florida Supreme Court rules on the constitutionality of a city ordinance governing the application of the occupational license tax in (City of Tampa v. Birdsong Motors, Inc. 261 So. 2d 1). The Supreme Court held that the pre-emption clause prevented the municipalities from charging a rate set by municipal charter or special act. It also ruled that a gross receipts tax, often used by municipalities in calculating the occupational license tax rate, was actually a sales tax, prohibited by general law. This decision jeopardized the revenues of cities throughout the state. Chapter 72-306 brought order to the chaos created by Birdsong Motors and was enormously important to both cities and counties at the time. But the act was not intended to be a permanent solution. Section 4 of HB 4465 said, in part, "This act shall be repealed on September 30, 1973 and the provisions of this act shall stand null and void on September 30, 1973." The 1972 revision was not reviewed. Chapter 73-144, Laws of Florida, abolished the expiration date. The 1972 revision forms the core of the present statute. From October 1, 9171, until October 1, 1980 occupational license tax rates were frozen in place. Finally, in 1980, Chapter 80-274, Laws of Florida, amended Chapter 205 to allow flat rate taxes to be increased according to a simple schedule. If the previous rate was $100 or less an increase up to one hundred percent (100%) was allowed; rates between $101-$300 were allowed to increase up to fifty percent (50%); and rates above $300 were allowed to increase up to twenty five percent (25%). Additionally, to be effective on October 1, 1982, graduated or per unit rates were allowed to increase up to twenty five percent (25%). More recent changes to Chapter 205 have been regulatory in nature. For example, in 1987, Section 205.194 was added. This restricted the issuance of an occupational license to new applicant businesses regulated by the Department of Professional Regulation (DPR) without first obtaining proof of a current DPR license. In 1988, Section 205.1965 was added to restrict the issuance of an occupational license to an Adult Congregate Living Facility without first obtaining proof of a current Department of Health and Rehabilitative Services license to operate such a facility. During the 1989 session the legislature created the "Florida Statute 205 Study Commission". This Commission, which was composed of fourteen representatives from business and local government, was tasked with reviewing and making suggestions to the 1990 Legislature for the complete reform of Chapter 205. The Study Commission report was submitted in February of 1990 and included recommendations to completely reform occupational license taxes. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 4 Finally, in May of 1993, after twenty five (25) years of local government appeals, the Florida Legislature enacted the recommendations of the 1990 "Florida Statute 205 Study Commission". Thus, providing local governments the opportunity to restructure their occupational license classifications and tax structures and assume "Home Rule" authority over local occupational license taxes. However, the 1993 legislative amendments do not authorize unrestricted control to local government. For example, license tax increases are limited to no more than a ten percent (10%) increase in total license revenues over the total license taxes collected for the most recently completed fiscal year. [Note: For Ocoee FY94 ($105,307).] Also future license tax increases are limited to no more than five percent (5%) every other year. [Note: Does not include increase in revenue based on growth.] Further, the 1993 amendments prohibit a local government from gaining "Home Rule" control, and from any restructuring authority or tax setting authority without first appointing a local "Occupational License Tax Equity Study Commission". AMENDMENTS TO CHAPTER 205 As part of the educational process, Jim Parker, Orlando, created a hand out for a seminar sponsored by Florida Association of Occupational Licensing Officials, Florida Institute of Government at UCF and Florida League of Cities. This excerpt details the changes to Chapter 205: It is possible to present the amendments to Chapter 205 through varying approaches, for example, Minor Changes first and Major Changes second. However, this presentation first addresses the amendments that are effective immediately through no action by the local government. Secondly, the presentation will address, in order by statute section number, the amendments that: 1) Require action by the local government for implementation; 2) May be discretionary as to Local Government implementation; or 3) The Local Government has a time-frame to complete the implementation. It seemed appropriate to discuss the immediate changes first, although minor in comparison, because they are already impacting the daily operations of license administration, issuance, processing or enforcement. AMENDMENTS EFFECTIVE IMMEDIATELY AND/OR 1993/94 LICENSING YEAR: Section 205.032 Levy; counties and Section 205.042 Levy; municipalities: Amends the minimum number of days required to provide public notice between first and second readings from 15 days to 14 days. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 5 Section 205.033 conditions for levy; counties and Section 205.043 Conditions for levy; municipalities -- Subsections (1) (c) respectively: Clarify that the effectiveness of Occupational Licenses is for 1 year and that all Occupational Licenses expire on September 30 of each year. NOTE: Important phrase appears at the end of these subsections -- "Except as otherwise provided by law." This statement is usually interpreted as the authority for partial year licenses, (1 day, 3 day, 6 months, etc.), provided such license time limits are stated in the ordinance. Section 205.033 Conditions for levy; counties and Section 205.043 Conditions for levy; municipalities -- Subsections (2) & (3) respectively: Amends the transfer fee charges for license transfers of business owners or license transfers to new locations: "Up to 10 percent of the annual license tax, but not less than $3 nor more than $25." Section 205.033 Conditions for levy; counties -- Subsection (7): Subsection (7) is added to clarify that a county may dedicate all or part of their portion of the license taxes they collect for "overseeing and implementing a comprehensive economic development strategy through advertising, promotional activities, and other sales and marketing techniques." Section 205.045 Transfer of administrative duties: This entire section is added to state that a municipality may collect license taxes for the county or a county may collect license taxes for a municipality provided that the parties execute an appropriate inter local government agreement. Section 205.053 Occupational Licenses; dates due and delinquent; penalties: Subsection (1) is amended to change the date that licenses will go on sale for each year from September 1 to August 1. This change gives businesses an extra month to remit payment without delinquent penalties being applied. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 6 Subsection (3) is added to provide local governments with the authority and ability to recover all or part of collection cost incurred by that government associated with collection efforts of delinquent license taxes in excess of 150 days from the date of initial invoice. "(3) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of the tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court cost, reasonable attorneys' fees, additional administrative costs incurred as a result of collection effects, and a penalty of up to $250." Key words or phrases that lend to the interpretation of the intent of this section are "is subject to", "including", and "and". It was the intent of the FS 205 Study Commission to given local governments an additional tool to help with timely collections and recover any additional collection cost and levy an additional late penalty of up to $250. In no way does this section diminish the ability to pursue collection through other available authorities, i.e. Code Enforcement Board, Court System, etc. nor does it effect the ability to levy Code Enforcement Board Penalties. Section 205-0537 Vending and amusement machines: The addition of this section is an attempt to correct licensing problems that were implied by various vending machine companies, i.e. transfers, machine changes, etc. Primarily the section transfers the ultimate liability for paying the tax and securing the required licenses to the business where the machine is located. Previously, most local governments placed this liability on the company that owned the machine. However, payment of the tax in this manner is not mandatory. The company that owns the machine(s) may still opt to pay the tax and secure the license(s). The responsibility to notify the business location of the tax liability associated with vending machines located on the businesses' property falls on the vending machine company. Also, the vending machine companies, upon request, are required to furnish the local government with a location listing for every vending machine they have placed within the requesting jurisdiction. The section establishes or acknowledges "Service Vending Machine" as a separate form of vending machine and that the Telecommunication Lobbies were successful in getting an occupational license tax exemption for coin operated telephones. The license tax, if determined on a per machine rate, must be based on the highest number of machines that were placed at a location on any single day in the previous licensing year. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 7 This is intended to eliminate fees and administration cost associated with: 1) The transfer of machines from one location to another, 2) The addition of machines during the current licensing year, and 3) The changing or swapping of machines of the same license classification. You may still require an additional tax if a change or swap places a machine that is classified differently and the license tax for that class of machine is higher than the machine it replaced. AMENDMENTS EFFECTIVE 1994/1995 OR 1995/96 LICENSING YEAR: Section 205.0315 Ordinance adoption after October 1, 1995: This section is added to clearly establish the authority of a local government to adopt an occupational license ordinance if they did not have a license ordinance in effect as of October 1, 1995. The section also establishes a basis that local governments must use when developing the license tax and business classification structures. Section 205.033 Conditions for levy counties and Section 205.043 Conditions for levy municipalities; -- Subsections (1) (b) respectively: The amending language added to these subsections is extremely important. It effectively locks a local government under the current State imposed caps or freezes unless the local government amends and/or adopts an occupational license ordinance pursuant to the added Section of 205.0535 or if applicable 205.0315. In fact, this provision is intended to motivate local governments to amend their license ordinances. The alternatives are: 1) Amend your ordinance pursuant to 205.0535 which upon adoption establishes local government authority over license classification, license taxes and future tax increases, or 2) Do not amend your ordinance pursuant to these sections, thus remaining under State control and the State imposed limitations, caps/freezes, and/or inequities that are inherent in Sections 205.033 (1) (b) or 205.043 (1) (b). Section 205.033 Conditions for levy; counties; -- Subsections (4) & (5): These subsections provide the format for the distribution of Occupational License Taxes collected by counties. The amendments to these two sections are intended to nullify the distribution formula contained in these sections provided that a county has complied with the ordinance adoption requirements of 205.0535. The added Section 205.0536 contains language that alters this distribution. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 8 It is expected that the counties that impose Occupational License Taxes will work towards adopting new license ordinances pursuant to 205.0535. The benefits to a county in doing so are: 1) The previously explained "Home Rule" control, 2) The county will keep a larger share of the taxes that they collect, and 3) The additional potential to narrow or close the tax disparity between counties & cities that exist under the current system. Section 205.033 Conditions for levy; counties; -- Subsection (6) (c): This subsection of 205 establishes the authority for a county defined under FS 125.011 (1) and adjacent counties, (Dade, Broward, Monroe & Collier), to levy an additional Occupational License Tax of up to 50 percent for the purpose of economic development. During the sessions of the 205 Study Committee it became obvious that the business representatives wanted this provision to go away. They were afraid that this authority could easily be expanded to every county thus rapidly expanding the tax on business. In fact, the Economic Development Commission was successful in getting various bills introduced to the Legislature for 5 straight years that, if adopted, would have expanded this taxing authority. The amending language of this section as agreed upon by the Study Commission was a key element in enabling the Commission to agree upon amending provisions that were paramount for local government, such as, local government control over classifications and tax schedules, removal of the tax freezes and local government control over increases now and in the future, tax disparities between cities and counties, and tax equity among the various business classifications. The importance for the business representatives to amend this section so as to prevent possible future expansion of this authority is evidence by what was given up versus what was gained. The "Give Ups" as agreed upon have no impact upon those counties that have already implemented the authority contained in this section, (Dade and Broward), they may continue to impose this authority. However, the amendments do impose a time limit for enactment, (January 1, 1995), upon those counties that have noTenacted this authority, (Monroe, Collier). These counties must either act upon this authority by January 1, 1995 or lose the ability. The "Gains" are as stated above: 1) Local government control over classifications and tax schedules, 2) Removal of the tax freezes and local government control over increases now and in the future, 3) A mechanism to reduce the tax disparities between cities and counties, and 4) A mechanism to attempt to accomplish some form of tax equity among the various business classifications. Section 205.0535 Reclassification and Rate Structure Revisions: Subsection (1) provides the authority for local governments to amend classification and rate structures provided they do so within the prescribed time frame. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 9 "By October 1, 1995, any municipality or county may, by ordinance, reclassify businesses, professions, and occupations and may establish new rate structures, if the conditions specified in subsections (2) and (3) are met." This section further indicates the power of the communication lobbies. Just as in the vending machine amendments, they successfully got themselves a special exemption provision. Basically, a local government may require the licensing of only one location for telephone service providers that are certified pursuant to FS 364.3375. Subsection (2) establishes the "Equity Study Committee". This committee is to be appointed by the local government. It must be composed of representatives from the business community within the local government's jurisdiction. The purpose of the committee is to develop a classification and rate structure for recommendation to the local government. The local government does not have to adopt the recommendations of the Equity Study Committee. they must only provide for the transmittal and consideration of the recommendations. In fact, after complying with these requirements and with perhaps a few minor changes, a local government could adopt the same ordinance that they already have in place. Although acting in this manner may circumvent the "Equity Intent" concept, this type of action would ensure the local governments "Home Rule" ability for the future. NOTE: When acting under the authority of this section a municipality should consider the impact that county enactment may have on their occupational license revenues. If the county adopts an ordinance pursuant to this section, there is a strong possibility that the cities within that county will lose license revenues unless they act accordingly. Subsection (3) (a) establishes limits on Occupational License Tax Rate Increases that a local government may impose upon adoption of an ordinance pursuant to this section. These limitations are as follows: 1. "A minimum license tax of up to $25 is permitted." This limit is intended to help with disparity problems and to encourage local governments with very low license rates to act under this section. There are many local governments that if they optioned to increase their license tax to the $25 minimum would effectively increase license revenues by over 200 percent. 2. For those local governments that already have their rates above or equal to the $25 minimum license tax authorized increases are: "for licenses costing $150 or less, 200 percent; for licenses costing more than $150 but not more than $500, 100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more $2,500 but not more than $10,000, 50 percent; The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 10 and for licenses costing more than $10,000, 10 percent; however, in no case may any license be increased more than $5,000." Subsection (3) (b) establish the total license revenue limit that a local government may generate as a result of enacting the authorized increases at "the sum of the revenue base and 10 percent of that revenue base." Subsection 1. & 2. define the revenue base for municipalities and counties respectively. 1. "The revenue base is the sum of the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of revenue that would have been generated from the authorized increases under s. 205.043(1)(b), whichever is greater, plus any revenue received from the county under s. 205.033(4)." 2. "The revenue base is the sum of the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of revenue that would have been generated from the authorized increases under s. 205.033(1)(b), whichever is greater, but may not include any revenue distributed to municipalities under s. 205.033(4)." Subsection (3) (c) is the authority for a local government to exceed the 10 percent total increase above the revenue base. This is possible because the revenue base is relative to the revenue collected based on the licenses issued. It is the intent of this section to authorize the total revenue increase to exceed 10 percent of the revenue base. However, an increase above the 10 percent of the revenue base must be as a result of increased licenses due to reclassification. Subsection (4) establishes a local governments authority to increase license taxes every other year by up to 5 percent. This action requires a majority plus one vote of the local governing body. Subsection (5) prohibits a local government from issuance of an Occupational License without first acquiring the business's Federal ID or Social Security Number. This amendment was added this year upon request by the Department of Revenue. It is intended to make the transition for local governments to participate in the RISE program easier at some point in the future. It is expected that at some point in the near future the Department of Revenue will require local government participation in this program. Section 205.0536 Distribution of County revenues: This section changes the distribution of license tax revenues collected by the county. When a county adopts a license ordinance pursuant to 205.0535 the portion of license taxes collected from businesses in the unincorporated areas will no longer be included in determining the distribution of the county collected revenues. A county may enact this The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 11 provision as early as October 1, 1994. Municipalities that do not act under s. 205.0535 that are located within counties that do act under s. 205.0535 may experience a decrease in the license revenues received from the county. Additionally, if a county adopts such a license ordinance to be effective October 1, 1994 and the municipalities within that county do not, the revenue base which is the basis for determining the total allowable license revenue increase will be reduced. It is the intent of this section to encourage municipalities and counties to enact the provisions of s. 205.0535 as quickly as possible and in cooperation or: 1) Lose the opportunity, 2) Lose license revenues, and 3) Lose the potential to maximize future license revenues. One more very important Section that is a part of the Law is Section 11. Section 11 states "Except as otherwise provided in this act, this act shall take effect upon becoming law." The act was signed into law by the Governor on May 4, 1993. EQUITY STUDY COMMISSION The Equity Study Commission is to be appointed by the City Commission. By statute it must be composed of representatives from the business community within the local governments jurisdiction. All results from the Equity Study Commission are to be considered as recommendations. To encompass the intent of and the letter of the Chapter 205 amendments, the study commission's goals and objectives are as follows (again citing Orlando's approach): 1) A primary objective of the ESC is to ensure that the Equity Study Process is completed within the time frame prescribed by Chapter 205, Florida Statutes, Section 205.0535. This section of the statute opens the "Window of Opportunity" for a local government to gain "Home Rule" authority and closes that window if a local government does not complete the entire Equity Study process, to include the adoption of an occupational license ordinance, prior to October 1, 1995. 2) A second objective of the Study Commission is to review the current occupational license business classification structure and amend it so as to: 1) Augment possible classification standardization between local governments, particularly between the City and Orange County so as to enhance the possibility of "One Stop Licensing"; 2) Provide an efficient method for the City to generate required reports to other governments; and 3) Provide a means of accessing economic information that businesses report to State and Federal governments. 3) The third and, by far, most complex and challenging objective of the Study Commission is to amend the occupational license tax structure so as to: 1) Provide for improved "Tax Equity" between different business classifications; 2) Provide for improved "Tax Equity" between businesses in the same business classification; 3) Ensure that equivalent license revenues are generated so as to offset the approximate $30,000 loss of annual license tax revenues previously received from Orange County; and 4) Ensure that the City will be able to maintain an acceptable minimum license tax revenue base even in a down economy. The Honorable Mayor and Board of City Commissioners February 16, 1995 Page 12 4) Another objective of the Study Commission is to amend the penalty provisions of Chapter 36, Section 36.04 so as to ensure that the City could apply the additional "Cost of Collection" penalty provision as authorized by Chapter 205, Florida Statutes, Section 205.053.(3). 5) The fifth objective of the Study Commission is to review the methods utilized to determine license tax liability on businesses: 1) That do not typically operate within the City on an annual basis, such as, seasonable vendors - fire cracker sales, christmas tree sales or carnivals and circuses or art shows; and 2) Whose operations are traditionally mobile in nature, such as, coffee wagons, ice cream trucks, produce peddlers or hot dog carts, and when appropriate or possible amend the tax structure or method of imposing the tax so as to be consistent. 6) The final objective of the Study Commission is to review the tax liability and licensing restrictions associated with businesses that do not operate from a typical business location; such as, home based businesses or businesses operating from mail outlets, and when appropriate or possible amend the tax liability for consistency and the licensing restrictions so as to realistically address the diverse operations of today's businesses. Staff recommends that the Equity Study Commission (ESC) be composed of five (5) representatives of the Ocoee business community. It is further recommended that these each be from a different type of business. The ESC will have March and April to complete their review. All meetings will be public. The results of their meetings will be presented to the Commission at its May 2, 1995 meeting. Information to be supplied to the members will include, but definitely not be limited to, a comparison of the classification utilized by and fees charged by other local governments. This list consists of ones who have completed the reclassification and rate structure revisions as well as ones who have not. These data are attached to this report as well. Staff requests that the Mayor and Board of City Commissioners (1) approve these necessary tasks for the review of the Occupational Licensing classifications and tax structure, (2) establish a five [5] member Equity Study Commission, and (3) provide the names and addresses of the business representatives to serve on this Equity Study Commission. MEB/jbw W P6O\DOCSloccuP7.TAX\I5Pee95Umes 1,-41-1.14,44.4 ' F- Z i1J COI— W O CD Z DI W LU LU CC 2 o 0 Z D z W Z 7 0 I-- CC W > � Q . .1U w oQCO Q Q > occ >_ CD CC 0 Z U I-- o Z Q v) o2 co CL Q CD X Q 5 Q 0 0052 o o U U 0 0 J Q U Q � CO W o.. 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Co C) 0) r T LLI Cf) O z � w Q WCC F- z CC CC LL . arrnuvr.li 132 Hit 1iUAIUJ OF 1.1 L \11 COMMISSIONERS AT ITS MEET NG [ AUG.O9 1994 TW/s.D ff Effective: 8M/94 ORDINANCE NO. 94_ 15 AN ORDINANCE PERTAINING TO AMENDING CHAPTER 25 OF THE ORANGE COUNTY CODE PERTAINING TO OCCUPATIONAL, LICENSES TO IMPLEMENT THE RECOMMENDATIONS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION; PROVIDING DEFINITIONS; PROVIDING FOR TRANSFER OF LICENSES; INCORPORATING THE EXEMPTIONS PROVIDED BY CHAPTER 205, FLORIDA STATUTES; AMENDING THE LICENSE TAX RATE FOR ADVERTISING SPACE RENTERS; ADDING THE CLASSIFICATION AND RATES FOR USEMENTS, AMUSEMENT CENTERS, AMUSEMENT MACHINES, THEME PARKS, CAMPGROUNDS AND TRAILER PARKS; ESTABLISHING A LICENSE TAX RATE -FOR AUTOMATIC TELLER MACHINES; NING THE LICENSE TAX RATES FOR EATING EST BLISHMENTS, CIRCUSES AND TRAVELING SHOWS, AND CONTRACTORS; DELETING THE CLASSIFICATION OF EMIGRANT OR LABOR AGENTS; AMENDING THE LICENSE TAX RATES FOR FORTUNETELLERS, HOTELS AND MOTELS, INSURANCE ADJUSTERS AND DEALERS, MANUFACTURERS, INSTALLERS OR DISTRIBUTORS OF LIQUIFIED PETROLEUM GAS; AMENDING THE LICENSE TAX RATES FOR MANUFACTURING, PROCESSING, QUARRYING AND MINING; AMENDING THE LICENSE TAX RATES FOR THEATERS AND CONVENTION/CIVIC CENTERS; AMENDING THE TAX RATES FOR PACKING, PROCESSING OR CANNING OF AGRICULTURAL PRODUCTS; AMENDING THE TAX RATES FOR PAWNBROKERS, PROFESSIONALS, SERVICES, RETAILERS, WHOLESALERS, SCHOOLS, COLLEGES AND EDUCATIONAL INSTITUTIONS; AMENDING THE TAXD RATESINING FOR TRADERS OF TANGIBLE PERSONAL PROPERTY, AND FOR VENDING MACHINES AND VENDING MACHINE COMPANIES; AMENDING THE TAX RATES FOR UTILITIES COMPANIES AND FOR PYROTECHNIC VENDORS; PROVIDING CLASSIFICATIONS AND LICENSE TAX RATES FOR BUSINESS OFFICES; PROVIDING FOR SURRENDER OF LICENSES; PROVIDING A LIST OF CLASSIFICATIONS AND LICENSE TAX RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA: Section 1. ganaul. This Orange County taxation ordinance pertaining to occupational licenses, which is codified at Chapter 25 of the Orange County Code, is hereby amended as set forth in Section 2 through Section 30 below. Additions are shown by the underlines, and deletions are shown by the strike-throughs . _ ection 2 . Section 25-51 of the Orange County Code is hereby amended to read as follows: Sec. 25-51. Definitions. For the purpose P of this article: The definitions of F.S. § 205 . 022s amended from time to time are adopted and incorporated by reference. hereby Number of Workers - i t rmin addino: [1) the to al r - s de a ed b issued for all full umber of paychecks time and part tim personnel inclusive of non nrn principals and partners Co fesslonals ntra t workers �b contractors and cons„itants who work d for he b �siness oc nnat, r, during the previous Galen ar yraProfe cion business shall b taxed bas d A new of workers as of op n,ng a the numb r entitled to re Five pav becks . da wh re Population shall mean the population figures obtained in the latest official decennial census. -2- C Tax collector shall mean the county tax collector or his employees or agents acting cn his behalf. Workers - Alil1- or part time personnel including non profess princznals and Partners c„ ionals pub contra t- ntrac L'^''kers ors and c- nSultan �H„ _C �� r the L business o gun tion nr Drof"' rked `11 n vi al n ar ion ar. Section 2. Section 25-55 of the Orange County Code is hereby amended to read as follows : kit Sec. 25-55. Terms of license; transfer. (a) No license shall be issued for more than one (1) year and all licenses shall expire at midnight on September thirtieth of each year, except as otherwise provided by law. (b) Any A11 business licenses may be transferred to a new owner when wheEe there is a bona fide sale of the business upon payment of the transfer fee in the mount- of than $3 nor more -n -x • n• 1- than 25 pEevided--b law. - and presentation of evidence of the sale and the original license-• the or occupational lis ns rnil , how v r from Pavment of a lis nn s tag maw exempt transferr no be (c) Upon written request and presentation of the original license, any license may be transferred from one location to another proper location in this county upon payment of the transfer fee in the amo nt of 1 % of he annual lis nse tax • n• 1 hap p�e�ie�ed- nor m'r- h-n •2 law-.-: provided however tha an Qccupational licens which is xP oavment of 1 ��n�9 tax mm Dt fro trancIflrred may no S Section 25-61(a) of the Orange County Code is hereby amended to read as follows: -3- Sec. 25-61. Exemptions. (a) State law. The exemptions provided for in F.S. §S 205 . 063 , 205 . 064, 205 . 065, 205 . 162, 205, 171, 205 . 191, 205 . 193 and 205 . 192 are hereby adopted and incorporated in this article by reference. Section 5. Section 25-81 of the Orange g County Code is hereby amended to read as follows : Sec. 25-81. Advertising space renters. Every person renting advertising space for profit in or on any boat, car, bus, truck or other vehicle shall pay a license tax of two thEee dollars ($2 . 00) .43:A8} for each such boat, car, bus, truck or other vehicle on which the space is rented. Section 6. Section 25-82 of the Orange County Code is hereby amended to read as follows : Sec. 25-82. Amusements deviees- (a) Every person who operates for a profit any game, amusement, amusement ride or recreational device, contrivance or facility not otherwise licensed by some other ordinance of this county shall pay a license tax of ten fifteen dollars ($10 . 00) 4$15,00} on each such game, amusement or recreational device, contrivance facility. This license shall be or o operation at any location within the county during the license year, provided that an additional license must be obtained for any additional games, amusements or devices . (b) Coin-operated amusement machine means any machine, contrivance or device which is set in motion or made or Permitted to function by the insertion of a coin, slug, token, or paper currency and which dispenses some amusement . The license tax for each coin-operated amusement machine is -4- C ten dollars ($10 . 00) per machine. This license shall be good for operation at anv location within the county during the license year, provided that an additional license must be obtained for any additional coin-operated machines . E (c) Amusement Center includes, but is not limited to, any golf course, driving range, miniature golf course, swimming park, bowling alley, zoo, fun house. skating rink, race track, gun range, bungee iumping facility, tennis or racketball facility, and kiddie rides not associated with a carnival or circus. Each amusement center shall pay a license tax of $225 . 00 . (d) Amusement Machine Company means any person who operates or leases for a profit twenty-five (25) or more coin-operated amusement machines . The annual license tax for an amusement machine company is $225 plus $2 per machine. ./..2. Theme park means a complex of at least 75 con ;guous acrpc r,�nva Il, S'�ntrolled by th - same b u- iness which contains p rm entity. and a +- ent eahih; t; ons r ides racoons and a varie ys Lecreatignal activiti c an has a minimum of visitors annually (Th ve theme pa ks to -ated in nrano the da a of adoption of this Cd nan a of Sea World in, ordinanc are v rsal S udi . M aic Kingdom Epcot C nt r and MGM Stu lost � ark hall ash theme licensex f 1 0 CEahifs c camparo ,n� and trailer park Navin es for trap len usP in nd primarily as a resid nc shallapav a li ens tax in a or an wi h following s�'hed le. the ill One to two hundred spaces Thirty dollars ($30 00) 121 Two hundr d one or mor spaces Sixty dollars «F o0) -5- Nothing herein shall be deemed to relate to or determine what constitutes transient rantals with regard to the application of section 125 . 0104, Florida Statutes, or Chapter 25, Article IV. of the Orange County Code. Section 7. Section 25-83 of the Orange County Code is hereby amended to read as follows : Sec. 25-83. Banks, savings and loans, etc. (a) Every person engaged in business as a bank, banker, trust company,P Y. savings company, building and loan association, or savings and loan association, whether as owner, agent, broker or otherwise, shall ay an annual license tax of two hundred twenty-five dollars ($225 . 00) for each place of business , and shall pay an annual license tax of seventy-five dollars ($75 . 00) for each automatic teller machine located off the site of the principal or branch business office. (b) Any person or business not falling within the provisions of paragraph (a) of this section which owns, leases, or franchises any automatic teller machine shall pay an annual license tax of seventy-five ($75. 00) dollars for each such machine. Section 8 . Section 25-84 of the Orange County Code is hereby amended to read as follows: Sec. 25-84. Cafes, restaurants and other eating establishments. E (a) Every person engaged in the business of operating a restaurant, cafe, snack bar, takeeet__seEvieeT dining room, dEive-is---eat g.--establiskmeatT or other public eating place, whether operated in 1 -6- 1 conjunction with some other line of business or not, exeegt--dining--t<eeats--in--lieeased publ}e- - g--establishments? shall license tax based on the number of pay a people for which there are whem--.- accommodations for the service seats or or consumption of food at any one (1)accordance with the following schedule: in i (1) Zero through thirty (30) seats - Thirty dollars ($30. 00) ; (2) Thirty-one (31) through seventy- four (74) seats - Sixty dollars ($60. 00) ; (3) Seventy-five (75) through one hundred forty-nine (149) seats Ninety dollars ($90.00) ; (4) One hundred fifty (150) or more seats - One hundred twenty dollars ($120 . 00) ; (5k) Every person engaged in the business of operating a restaurantscafe or other PublicBr s eating Place, whether operated in conjunction with some other line of business or not, where customers are served while seated in their cars shall pay a license tax of sixty dollars ($60 . 00)7-wh4e41- �4 _ }t A te--the-3-1-eerrse--tazcc -r-e u-i-r-ec -b fa}fl}-thEet� h- 4 -sxbseetieas Q f }-a€-tkis-Beet}ea. IQZ Every person na aaed in the business of open ing establishment with t keo ut- r eat-,- - inR serviceOnly whether operated in Conjunction with Qther line of business or not shall Day oan annual liC nse ax tof thirty ($30 nna C dollars . _(di Any on engaged in th b inecc of operat 'na a mobile n sack uch cart sas hot dog s nds and s leers of is cr a nay an annual licens _ m shall dol_ lays_ x of thirty �n , 00) -7- (dg) The tax collector shall not originally issue an occupational license to any business coming under the provisions of F.S. Ch. 509 until a license has been procured for such business as required by that Chapter. Section 9 . Section 25-86 of the Orange County Code is hereby amended to read as follows : Sec. 25-86. Circuses, traveling shows, tent shows, sideshows; exemptions. (a) Traveling shows of all kinds, including circuses, exhibitions, amusement enteEpEises7--carnivals, rodeos, games or tests of skill, riding devices, dramatic repertoire, and all other shows or amusements, or any exhibitions giving performances under tents or temporary structures of any kind, whether such tents or temporary structures are covered or uncovered, shall pay a license tax of two hundred twenty-five dollars ($225 . 00)--€eE eaeh-day. (b) For the purposes of subsection (a) , the game, riding device, or other show charging the highest admission or fee shall be considered the main show in determining the license tax to be levied. When there is more than one (1) such show charging the same admission, any one (1) of the same may be considered the main show. (c) Any of the shows covered in this section which have paid the license tax provided for in subsection (a) shall be allowed to operate a sideshow upon the payment of a license tax of thirty dollars ($30. 00)--€eE--eaeh--day. All concessions, riding devices, games or exhibitions of any kind shall be considered sideshows for the purposes of this section, and license taxes shall be levied on each such sideshow, provided that no license shall be issued for a sideshow unless a license has been paid for a main show, and further provided that -8- I both licenses shall be issued to the same party-and-€eE-the-same-day. (d) The--14. --a-gee--pEevided--fix-by this-neet4ee- 43-}�e--e lle13t-ed--€er-eaeh-day that--admission--is--ehaEged7--pEevided--that annual-44 ccm6 --fay-be-3�s�red--tom -a y--e€-the I shews-- e-r---eole--meetiened--411---this seetien--when--sueh--show--e*--exhibition--is peEmanentiy- t-e---in--one--+1}--p a.oe-,--upen the-payment- oi--siAE46-}-t. es--the-€ull-amount e€--the--4-a i4/.-- _ ---t,a-g-,---- license issued under this subsection shall be good only for the place for which it was originally taken out, and the tax collector shall so state in writing on the face of each such license. (e) Exempt from the provisions of section are: this (1) Public fares, expositions and exhibits held by a bona fide nonprofit organization; and 1 (2) Conventions, trade shows, performances and entertainment events of any type held in the Orange County Convention/Civic Center. Section 10. Section 25-87 of the Orange County Code is I hereby amended to read as follows: 1 Sec. 25-87. Contracting; constructing. I Except as otherwise provided in this article, each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, or water and gas mains, or engages in the business of constructing, altering, repairing, dismantling or demolishing buildings, roads, bridges, viaducts, sewers or water and gas mains, must obtain a license as a contractor. The license tax shall be determined by the maximum number of workers peEsens- ttra -1/ -a -eE- -_be--empieyed 1 -9- C duEiag---tom--}ieease--year, PEineigais, and shall be at the following rates : (1) For one (1) through ten (10) workers - Thirty Eighteen dollars ($30 . 00) {$181-88}; (2) For eleven (11) through twenty enty (20) workers - Forty ThiEty-six dollars ($40. 00) f$36:-88}; (3) For twenty-one (21) through thirty (30) workers - Fifty-€eRE dollars ($50 . 00) f$54-80; (4) For thirty-one (31) through forty (40) workers - Seventy-twe dollars ($70 . 00) f$72-88}; (5) For forty-one (41) through fifty (50) workers - Ninety dollars ($90 . 00) ; (6) For fifty-one (51) through seventy-five (75) eae---hundEed +188} workers - 4ne hunort dre fy dollars ($140) Twe----haadEed twenty-€ive-deiiaEs-f$225:881; (7) For seventy-six (76) through one hundred (100) workers - Two hundred twenty-five dollars ($225 . 00) : (7$) For one hundred one (1 01)hundred fifty ( 01) through Three hundred r (150) workers dollars - and--f��Y th}qty-seven os8}; '�"'-seats 1$340 . 00) (82) For one hundred fifty-one (151) Qr more thEeagk---twe---hunkr-ed---F2484- workers - Four hundred fifty dollars ($450. 00)*,_ +8} FeE--two--hcircd -sae--(-2-03-)--o-E--meEe and-seventy-five-eents-{$46875}T -10- Section 11. Section 25-89 of the Orange County Code is repealed in its entirety: See.--25-89: EleetEie---power---plantsT---gas plaatsT---eemmua}ty---televfs}ea antenna eempaa}esT and telephone-eempanlesf-exempt}ens- fa} Exeept--as--etheEw}se--psev}ded--in cvcr -peEsea--eng-aged.--i-nthe business--a€- r-1i-string--.tel peweET- gac -eE--ec .' {s -eantenna - �1 -i-s%o-n--antenna seEvlee-€eE-a pEof t i-n--€he-eeanty-shah-pay 1 a--l}eense--tax--ef--five--hundEed--sixty-two dellaEs--end--fifty -4542-r-5441--pEevided heweverT---peEsens---engaged---in---utilities f Eaneh}sed---b --tie---eeant - i-cam---a fEanehise--fee--}s--pa4i6}--shall- pay--a--UUeease tax-ef-feuE-hundEed-fifty-dellaEs-f 458:094-. 449} -n } The-€eew4eg--s a-1---be--e- t--fEem the-tax-pEev}ded-fes-}n-th}s-soot}en= {l} Aay---geFsoa - - ---than twenty-five-4251-eustemeEsf-and f2} Munieipal--eeEpesat}ens--whieh--ewn and-- oper -eleetEie pewes-plant-eE-gas-plaat Section 12 . Section 25-90 of the Orange County Code is repealed in its entirety: 1 See.--25-98: Emigrant-ex-labeE-agents- fa} Ne--pr-son-- ad4---eaEEy--on---the business-e€- - r -ia-this-eeaaty without-4Arr-s-t-ebta}Hing---a---4-ieens,=-theEefeE item-the-eeenty-tax-eelleeteE: fb} The---ter- ---=em} Eant-- = eentemplated---b�--th}s- g -qt - --as --s�eot3on - -be eenstEued--te--mean--any--pessen--engaged--in h}E}ng -sellefting- }�-amt-s--}n this--eetlety7 --bey$ --the limits--a€--than---eot .._- . dcd,--heweve ET that--the---p-r -sO rs--e€--moi-s---seet4 -shall -11- net- appy--tom-any- &tatc -lx-€ede-re-1--ageaey engaged-- -EeeEuiting-e-r-- 494.1g--labeEe*s €9*--empleyment--beyondtire---144(4 -s--e€--this eeunty- f e} Any- rsro-n- a-�1--be--e t-i-t3-ed--to--a l}eeaseT--c�h�h--spa-1-1---be--geed-�o-�--tee--f 1} yeaET--upon--tom-payment--e€- -lieenne--tom-e€ ene---tnd-_-eight--41ufkkt }---seventy-€ive della�s- - �-&7�r.-0��-- -ie�t-lieense-she-1-l--be valid-enly-in-this-eet�nty: Section 13 . Section 25-92(a) of the Orange County Code is hereby amended to read as follows : Sec. 25-92. Fortunetellers, clairvoyants, mediums, etc. ; exemptions. (a) Every fortuneteller, clairvoyant, palmist, astrologer, phrenologist, character reader, spirit medium, mental healer, and every person engaged in any occupation of a similar nature shall pay a license tax of thirty dollars ($30 . 00) twenty-five-dellats-f$225r00}. Section 14 . Section 25-93(a) of the Orange County Code is hereby amended to read as follows : Sec. 25.93. Hotels, apartment hotels and motels. (a) Every person engaged in the business of renting accommodations, except apartment houses, shall pay for each place of business an amount of one dollar and fifty--.eats--($1T.50} ($1. 00) for each room. The room count shall not include rooms occupied by the owner. -12- I Section 15 . Section 25-94 of the Orange County Code is hereby amended to read as follows : Sec. 25-94. Insurance adjusters; exemptions. IL All persons acting as insurance adjusters shall pay a license tax of thirty fifteen dollars ($30 . 00) f$}§-AA}. The provisions of this section shall not apply to insurance agents . Section 16 . Section 25-96 of the Orange County Code is hereby amended to read as follows : Sec. 25-96. Liquified petroleum gas; dealers or distributors, I installers and manufacturers; exemptions. (a) All persons who deal in liquified petroleum gasT----eithef as dealefsT distfibetefs7 installers or manufacturers, shall pay the following license taxes: (1) For manufacture of nd equipment or installation of equipmente to s a be used with liquified petroleum gas, the I license tax shall be determined by the maximum number of workers and shall be at the following rates : For one (1) through ten (10) workers - Thirty dollars ($30 . 00) ; b. For eleven (11) through I twenty (20) workers - Forty dollars ($40. 00) ; .Q.s For twenty-one (21) through thirty (30) workers - Fifty dollars ($50 . 00) ; S, For thirty-one (31) through forty (40) workers - Seventy dollars ($70. 00) ; -13- For forty-one (41) through fifty (50) workers - Ninety dollars ($90 . 00) ; _fes For fifty-one (51) through _Seventy-five (75) workers - One hundred forty dollars ($140) ; For seventy-six (76) through one hundred (100) workers - Two hundred twenty-five dollars ($225 . 00) ; h For one hundred one (101) through one hundred fifty (150) workers - Three hundred forty dollars ($340. 00) ; For one hundred fifty-one (151) or more workers - Four hundred ($450 . 00) . fifty dollars {l} Mang€aetuEe---a€---appl}anees---and hundred twenty five dellafs {$125-A8}- {2} Installat}en--e€--equipment--to--be used- t -liqui€€ed--pe-t-r-o-1 a}-gas --Fifty-dollars-{$50-88}T (32) For a dDealer or distributor in liquified petroleum gas, or in appliances and equipment for use with such gas --a--- .rd twenty-€ive-dellafs-{$126-00. s� For one through ten workers - thirty dollars ($30. 00) h For eleven through twenty workers - Forty dollars ($40. 00) For twenty-one through thirty workers - Fifty dollars ($50. 00) -14- d For thirty-one through forty workers - Seventy dollars ($70 . 00) g, For forty-one or more workers - Ninety dollars ($90 . 00) (b) Persons licensed under this section shall be exempt from the license taxes required under sections 25-87 and 25-89 . Section 17. Section 25-97 of the Orange County Code is hereby amended to read as follows : Sec. 25-97. Manufacturing, processing, quarrying and mining; exemptions. (a) Every person engaged in the business of manufacturing, processing quarrying or mining and who does not fall within the provisions of Section 25-100 must obtain a license under this section. The amount of the license tax shall be determined by the maximum number of workers and shall be at the following rates : persens }ael�td}�g-a�q-- rr3eia-l-s-,-.�}�rrc�.-t- -1}eease year:- (1) ear-(1) One (1) through ten g (10) workers empleyees Thirty dollars ($30. 00) ; (2) Eleven (11) through twenty (20) empleyees workers - Forty dollars ($40 . 00) Sixty-dollars-f$68788}; (3) Twenty-one (21) through thirty (30) workers empleyees - Fifty dollars ($50 . 00) Ninety-- 644-a-ns f$98-88}; (4) Thirty-one (31) through forty (40) workers empleyees - Seventy dollars ($70 . 00) Ane----} urnelred twenty-dollars-f$128-08}; -15- (5) Forty-one (41) through fifty (50) workers empleyees - Ninety dollars ($90 . 00) Ase----} ilF .--- .0tt, dellaEs-k$1897-99}; (6) Fifty-one (51) through seventy-five (75) a*--mores workers empleyees - One hundred forty dollars ($140 . 00) Tae---handfed twenty-€}vie-dellafs-$225-99}-1 (7) Seventy-six (76) through one hundred (100) workers - Two hundred twenty-five dollars ($225 . 00) ; (8) One hundred one (101) through one hundred fifty (150) workers Three 00)h;undred forty dollars ($340 . (9) One hundred fifty-one or more workers - Four hundred fifty dollars ($450 . 00) . (b) No license shall be required under this section where the manufacturing, processing, quarrying or mining is I incidental to and a part of some other business classification for which a license is required by this article, and the activity is carried on at the place of business licensed under such classification. Section 18 . Section 25-99 of the Orange County Code is hereby amended to read as follows : Sec. 25-99 Moving picture shows, theaters and drive-in theaters; convention/civic center. (a) Owners, managers of lessors of theaters or halls employing traveling troupes or performers, or giving performances in buildings fitted up for such purposes, or moving picture shows giving exhibitions in buildings permanently used -16- 1 for such purposes or drive-in theaters, shall be allowed to give as many performances or exhibitions in such buildings, theaters or areas as they wish, 1 following payment of the €ellew€ng annual license tax Qf $_ 00 nor aper or in th case of drive-in theaters, the determination shall b based upon the number of oarkij I spaces for cars or other vehicles, with a maximum annual tax of nine hundred dollars ($900 . 00) : I {1} 1a-- i tares---ef--A-04vfrs---0€--twee theusaad----4-2� -twenty inhabitants ��-----o-�-----x�e�e dellaEs-{$458:8A}gee-yrs-Few eaft {3} Ia--ei€ies---ex-towns--o-€-4-es-s--than twenty--t4x1--{287880}--bt-aneEe than--€rF it-- Wil&--{}57880} inhabitants-------441-Dee----hundEed th}Ety-seven---o-1-1 a-r-is--- &--fifty cents-{$337-5A}-peE-yeaEt {3} Ia--e-i iels--max-towns--o -4-es-s--than fifteen--the{i$aed-4-i ,40.0--but--meEe than----tee----thousand----{}87888} inhabitants---Two- -tweaty- five-delta-s-{$33§-88}-ped-yeaen {4} Ia--e-%t-ies_--o-r--tewas--o•€-4-es-s--than tea---t eus-a 44--*I-0-,44{*--bort--meEe than----five----theusaad----{57888} inhabitants One--headEed--fifty dellaEs-{$158-80}-peE-yeaEf {5} Ia--e- -, -tewas- €-4-es-s--than five -'('x404)--inhabitants --Th}Ety-dellaEs-}$30z-80}-pef-yeaEf {6} When--lee,ated- ..t.} 1 -e€ any- i-t -o-E--tewnT---he-1 ce- -tax shall-fie--haee }_ i--t -pepelat}ea e€-the-aeaFest-airy-eE-town- (b) For its convention/civic center, the County shall pay an annual license tax in the amount pf_ $450 00 Eegeifed--eadeE sebseetiea--F0}4-1}r-- Thereafter, the Orange County Convention/Civic Center may it -17- I: conduct unlimited conventions, trade shows, performances and entertainment events of all types without necessity of obtaining, either for itself or its tenants, any additional It occupational license. (c) Hotels, motels or other facilities or establishments having convention rooms , halls, or facilities for hire shall pay an annual occupational license tax in the amount of $450 . 00 . Thereafter, the licensee may hold unlimited conventions, trade shows, Performances and entertainment events without the necessity of obtaining any additional occupational license. Section 19 . Section 25-100 of the Orange County Code is hereby amended to read as follows: Sec. 25-100 Packing, processing or canning of agricultural products. Every person, other than nonprofit cooperative associations, engaged in the business of packing, processing or canning agricultural products not grown by such person shall, for each place of business, pay a license tax based on the number of workers at of-€3€teen-do-14 -14. 5;,{}02)- — thEee--dellaEs--f$300--feE--eaek--five-45} peEsens--emp4 _ such place of business, at the following rates provided that the maximum license tax under this section shall not exceed three hundred forty dollars ($340 . 00) : ene--- .red----ff-t-y---to-l-l�r-s- a. For one (1) through ten (10) workers - Thirty dollars 1 ($30 . 00) ; h- For eleven (11) through twenty (20) workers - Forty dollars ($40 . 00) ; c, For twenty-one (21) through thirty (30) workers - Fifty dollars ($50 . 00) ; -18- I S, For thirty-one (31) through forty (40) workers - Seventy dollars ($70 . 00) ; For forty-one (41) through fifty (50) workers - Ninety dollars ($90 . 00) : f. For fifty-one (51) through seventy-five (75) workers - One hundred forty dollars ($140) ; For seventy-six (76) through one hundred (100) workers - Two hundred twenty-five dollars ($225. 00) : h For one hundred one (101) or more workers - Three hundred forty dollars ($340 . 00) ; Section 20. Section 25-101(a) of the Orange County Code is hereby amended to read as follows : Sec. 25-101 Pawnbrokers. (a) Every person engaged in business as a pawnbroker shall pay a license tax of thEee-handfed--t- ri-r-t�'- sen—clic -aml-f}€ty eents--}$33; .59} seventy five dollars and no/100 cents ($75 . 00) for each place of business, plus a license taxdetermined by based--fin the maximum number of workers as set forth below: (1). For one through ten workers - C thirty dollars ($30 . 00) (2) For eleven through twenty workers - Forty dollars ($40 . 00) (3) For twenty-one through thirty workers - Fifty dollars ($50 . 00) (4) For thirty-one through forty workers - Seventy dollars ($70. 00) -19- (5) For forty-one or more workers - Ninety dollars ($90 . 00) Section 21. Section 25-102(a) of the Orange County Code is hereby amended to read as follows : Sec. 25-102. Professions, business and occupations; exemptions. (a) Every person engaged in the practice of any profession who offers A his service either directly or indirectly to the public for consideration, whether or not such endeavor be regulated by law, shall pay a license tax of thirty dollars ($30. 00) for the privilege of practicing, which license shall not relieve the person paying same from the payment of any license tax imposed on any business operated by that person hunt pEevldedT-=howev.e-F-,----ham- Ovate--deteetives and--opr-a.t-o.r ..-e€- ep-t3. - E-deviees shall--gag--a--lleease--tax--e€--tea--dellass f$19-88}. Section 22. Section 25-103 of the Orange County Code is hereby amended to read as follows : Sec. 25-103. Public service; exemptions. (a) Each person engaged in any business in this county as owner, agent or otherwise, performing some service for the public in return for a consideration, shall pay a license tax based on the maximum number of workers pefseas- 4- -1 -empleged es-to--be- ffp-1-eyed-,- l�minn--a-11-pfi nelpaisT duEing-4 -lieease--yee-r. Such license tax shall be paid for each location from which such services are rendered at the following rates : (1) One (1) through ten (10) workers flue---0}---employees - Thirty dollars ($30. 00) Twenty-twe dellafs-f$22:88}; -20- (2) Eleven (11) Six-444 through twenty (20) workers ten-43.-E}4-- mple s.- - Forty dollars ($40 . 00) Fifty-€euE dellaEs4$54-89}; (3) Twenty-one (21) Eleven----(-:W- through thirty (30) workers fifteen---(-1 -- p-loyccs - Fifty dollars ($50 . 00) Eighty--.x.14 -s f$88AA}; (4) Thirty-one (31) through forty (40) workers - Seventy dollars ($70 . 00) : (4�) Forty one (41) Sixteen---f16} through fifty (50) workers twenty f20}--empleyees - Ninety dollars ($90 . 00) Ase----hu }.--- ve dellaEs4$1127.801; (5.E) Fifty one (51) through seventy-five (75) workers Twenty nae--GW -eE- rte-employees - One Hundred Forty dollars ($140 . 00) Ane---- -rte---€-fry----dellafs f$1507A8}-i (7) Seventy-six (76) through one hundred (100) workers - Two hundred ($225 . 00) ; twenty-five dollars (8) One hundred one (101) through one hundred fifty (150) workers - Three hundred forty dollars ($340. 00) ; (9) One hundred fifty-one (151) or more workers - Four hundred fifty dollars (450 . 00) . fb} Ne-44r1-1--be--r-eq ri-r -landef €snot}en-e€-wh4e41-3-e_441e - F-€o-rma cse--e€-some serviee--€ef--t ie--pabl}e--}s--Eetufn--€ef--a eensldeEat}en-wlies--the- o.€-the-seEviee }s--sank--that--an--eeexpat}enal--l}eense--}s fequiEed-- -bxslaess--by--seine--o-t e-r--law e€--this--state----HeweveE7--this--sxbseet}en shall--nab--be•--oonstr --tre--e$ea --seEviee -21- depaEtments-e€- i-s4 }--and—o-t f-lines a€--bt*einese- rom-Aabe--44ce=.oc -=e$a4-red--by this-eeetieem-with--tlre- tiara--o-€-gassl-ine 43}-pereeee--eng-aged•--in--the--go-r ee--o- -a seEviee-€eE-a-eensideEatien- Section 23 . Section 25-104(a) of the Orange County Code is hereby amended to read as follows : Sec. 25-104. Retail and wholesale stores and retailers and wholesalers; exemptions. (a) For the privilege of conducting, engaging in and carrying on the business of a retailer or wholesaler, which is not otherwise classified or licensed in this article, as--f4-neEl--in- A-s--seetien, there is hereby levied and assessed upon every person for each store located and operated within the county by such person or association of persons, an annual license tax a€--t-}rr-t .-de4.}e-re--F$34 00- determined by the maximum number of workers at the following rates : (1) For one through ten workers - thirty dollars ($30 . 00) (2) For eleven through twenty workers - Forty dollars ($40. 00) (3) For twenty-one through thirty workers - Fifty dollars ($50 . 00) (4) For thirty-one through forty workers - Seventy dollars ($70 . 00) (5) For forty-one or more workers - Ninety dollars ($90. 00) 414 die-- o3-low4g----wo-r-cls-,---tee--and phEases-whee-�rsed-i-rf--this--see 3 - a-the meanings- Y4bcd -to--tkem7- e--the eentext---eleafly---indieates---a---di€€eEent meaning= -22- 11 Refa}�-�a4 ter- salc -Fet-ai-1--means-any sale--of--tangible--personal--property--te--a eensumer--o-r--te--an --person--fir--ars -purpose,- ether--t n--€er--rccalc,--provided--that-where geeda --waEes•--and- �- -sold--in wholesale -wholesale--p-rie-by wholesale- dealers-,--sueh- calcs -shall--not-be eeastrued- --be =rctaig- sales" -unless ine}dental---sales---made---by---a___lieensed wholesaler--tom--ennourae-r-s--at_-wholesale--priees exeeed-€4ge-4 --NHF-ct-n.€_$ueh_whelesaler=s total-sales- Retailer -evey--geHHKx1--engaged in--tie--bus-i-ness--of- }-sales--at-setail- The--tern}---rota}ler=--sile4-1--net-.46nelud--bulk plants*--iee_-plants+--iee--dealers--engaging prineipally-4 n- calc -o-€-loot-bakeries-and ether--aienuteetuT4ng- --p w sing.--plants selling--e ly--the--- r - ---mart€-aet-ure4--er preeessed--thereinf--or--restaurants,---eafes,- eafeterias,----betels---and---liquor---steres= provided,---in,;:e;;2�---that-- r-e- --er intexieating-44-gucHHi-_are -eenneetien with--a- - - --�x3ei -� --bu-t- ine}dental--thereteT- e� -business only shall--not- -exempt- r -the-_ a se--tax imposed-herein- Section 24 . Section 25-105 of the Orange County Code is hereby amended to read as follows : Sec. 25-105. Schools, colleges and training institutions; exemptions. Every person engaged in the business of operating a school, college or other educational or training institution for profit shall pay a license tax of--th}fty dollars--(-$3{-r-0-0+ determined by the maximum number of workers at the following rates for each location, except that persons giving lessons or instructions in their homes without assistants or a staff shall not be required to pay a license tax. -23- C (1) For one through ten workers Cthirty dollars ($30 . 00) (2) For eleven through twenty workers - Forty dollars ($40 . 00) (3) For twenty-one through thirty workers - Fifty dollars ($50 . 00) C (4) For thirty-one through forty workers - Seventy dollars ($70 . 00) (5) For forty-one or more workers - Ninety dollars ($90 . 00) : ' Section 25. Section 25-107(a) (1) of the Orange County Code is hereby amended to read as follows : C Sec. 25-107, Trading Same -- In Ttan ible property. 9 (a) Persons engaged in the trading of tangible personal property shall obtain a license therefor as follows: C (1) Every person engaged in business of trading, bartering, serving or selling tangible personal property, as owner, broker or otherwise, shall pay a license tax of---t r --dellafs 30:90} which shall entitle the person him to maintain one (1) place of business, stationary or movable, and shall also pay A license tax thirty----dellaEs f$3°-00- for each additional place of business----pjdcd --tom-. e. }},ease--fef--eaeh--balk--plant--ef depot---o-f---wholesale-- dcvlcr-s---la petfelexm--- tea••--�- seventy-€}see---- x46464 r-s----{$75:9A}- Vehicles used by any person for the sale and delivery of tangible personal property at wholesale or retail from a separate place of business on which a license tax is paid shall not be construed to be -24- separate places of business, and I no license tax will be levied on such vehicles or the operators thereof . The license tax to be paid herein shall be determined by the maximum number of workers at the following rates : a. For one through ten workers - thirty dollars ($30 . 00) b For eleven through twenty workers - Forty dollars ($40 . 00) For twenty-one through thirty C workers ($50 . 00) - Fifty dollars d,L For thirty-one through forty workers - Seventy dollars ($70 . 00) Ia For forty-one or more workers - Ninety dollars ($90 . 00) Section 26. Section 25-108 of the Orange County is hereby amended to read as follows: Sec. 25-108. Vending machines and vending machine eperateEs gsmvanieS; exemptions. (a) As used in this section the following words shall have the meanings set forth in the following subsections : Laundry equipment means any equipment used in the operation of a coin-operated laundry, including washers, dryers, pressing or ironing machines, and soap, bleach and laundry bag dispensing machines. Merchandise vending machines means any machine, contrivance or device which has one (1) manufacturer ' s serial number and is set in motion, or made or permitted to function, by the insertion of a coin, slug, token or paper currency and dispenses merchandise -25- : , without the necessity of replenishing the device between each operation. Merchandising vending machine epeFateff company means any person who operates for a I profit thirty-five (35) or more merchandise vending machines . Service vending machine means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper currency and which dispenses some service et-amusement. Service vending machine epeia€eF company means any person who operates for a profit thirty-five (35) or more service vending machines . (b) Any person who operates for a profit, or allows to be operated for a profit in his place of business or on his property, any of the above vending machines shall pay a license tax according to the following schedule, unless exempted by subsection (c) of this section: I (1) Merchandise vending machines - Five Fifteen dollars ($5 . 00) (IBIS-FOG} for each machine; ptevided--thet-xi ra -metekand}se vending-z m�-€s-3 i-e--aad epeEated---o* y---in---a----p-1-aee---e€ beisiaess-4.43-1.-4414{ 1-- a-s -bias been-du4y 3�s d-.gin--t -eeunty-€et ttading7--se444-erg -teing-i-b•1-e•-petseaal p t e p e t t y T-t he-44-cense--ta*--spa-1l--b e I six---dellats--- --- -r---eaek maehine•t (2) Merchandise vending machine epe*atets companies - One hundred fifty dollars ($150 . 00) for the privilege of engaging in such business, and an additional annual license tax of one dollar and fifty--eents ($1 . 00) f$ -56} for each machine; -26- E I I (3) Service vending machines - Five Fifteen dollars ($5 . 00) f$15-88} for each machine; (4) Service vending machine epeEateEs companies - One hundred fifty dollars and no/100 ($150 . 00) Twe hundred---e-i = - --Bio-l-l-ar-s---aed twenty-five---een --42-6 for the privilege of engaging in such business, and an additional annual license tax of one three dollars and--sixty--eents ($1 . 00) f$3-68} for each machine; (5) Laundry equipment - Five Ane dollars_ ane--fifty--eents ($5 . 00) 4$}-58} for each piece of I equipment; (6) Coin-operated radio, television and similar devices installed in businesses----I- id aeeemmedat}ens--€ef--the--tEaveiing pubiie- ent one--de-14e-r-fr-f$21-08} €e eein-epeEated Ladies televisien T t-fr, vibEatieg mattEesses---eE---simiiaE___deviees I installed---in guest rooms in hotels, tourist homes, tourist courts, roominghouses and other businesses providing housing accommodations for the traveling public - Five dollars ($5 . 00) and an--adds-Bella-i- mzue-1--44- ..,. _tax s€--154. --eente---(4 --€ems—eaeh devieet (7) Penny vending machines One dollar ($1. 00) Gae---do-1 __and fifty__-ee t- ---{.$1—504 for each machine. C C -27- Section 27. Section 25-109(a) of the Orange County Code is hereby amended to read as follows: Sec. 25-109 . Utilities WateE companies and sewage---disposal---eempanies; exemptions. (a) Every person engaged in the business of furnishing telephone, electric power, gas or community television antenna service, or operating water companies or sewage disposal companies in the county shall pay license taxes based upon the pepulatien-e€- t- --d-F--tewa-3�r-- --tlie business-46- 6 number of customers or subscribers to the services offered according to the following schedule: (1) Pept}latien- ef--Five feEt thousand one (5 . 001) y 4487800} or more customers or subscribers - Five hundred sixty-twe dollars and fifty-eeats-($500 . 00) f$863-80}; 42} Pepelatien---ef---thiEty---thet}sand 4307808}----44r. }r----th Ety-nine theusand-- i -- nd-red--ninety-nine 4397999}-----Fete--41undEed---fifty dellaEs-4$450-A8}t 43} Pepulatien---ef---twenty---theusand 428788}}----44HKKtg -----twenty-nine thousand-- i-n&--} r -ninety-nine 42979994-- --hued ecl-twenty-five dellaEs-4$226-88}1- 44} Pepulatien----of----ten----thousand 4187888}--th-r n--thousand 4197880}-- -hundEed-sixty-eight dellaEs-- d--- .ty -€3-Ae---eents 4$168..-75}t 45} Pepulatien----0€----44 ---theusand 457090}--tax-o�rg --a-i- -then-saEnd-nine hundEed-maty--nne`-497999}---Ane hundEed-fifty-dellaEs-4$1587.80}1- -28- (26) Pepulatien----c4----th-Fee----theesaad {3 7 8 9 9}-threegh--fo�rr- --nine hundred--ninety-nine--f47999) Five thousand (5, 000) or less customers or subscribers - Two hundred twenty-five dollars ($225 . 00)----Seventy-five---dollars fg} Pepulat}en-of--w -theus-eacl-f17999} through--tomo--thousand--amine--hundred ninety-nine-427999* €erty-five dellaFs-446:99}1- f8} Pepulat}en----a€---- hundred amine---- n}nett'-alae----fggg}---_er____less7 ineluding -t-hese- businesses operating--- -I a-i e1 --ire----the usineerperated---areas Thirty dollars-f$38-99}- Section 28 . Section 25-110(e) of the Orange CountyCode e is hereby amended to read as follows : Sec. 25-110. Pyrotechnic vendors. (e) License tax. Upon receipt of such pyrotechnic inventory permit from the fire official, an applicant for a license as a pryotechnic vendor shall procure from the tax collector an occupational license upon payment of a license tax determined by the maximum number of workers at the following rates :-e€-twenty-€ive-dollars-f$25:9(4- (1) For one through ten e workers - thirty dollars ($30. 00) (2) For eleven through twenty workers - Forty dollars ($40 . 00) (3) For twenty-one through thirty workers - Fifty dollars ($50 . 00) -29- (4) For thirty-one through forty workers - Seventy dollars ($70 . 00) (5) For forty-one or more workers - Ninety dollars ($90 . 00) Section 29 . Chapter 25 of the Orange County Code is hereby amended to add the following section: Sec. 25-111. Business offices. (a) A business office legally affiliated with a business which has an occupational license from Orange County shall pay a license tax in accordance with the following schedule: (1) For one through ten workers - Thirty dollars ($30 . 00) (2) For eleven through twenty workers - Forty dollars ($40 . 00) (3) For twenty-one or more workers - Fifty dollars ($50 . 00) . (b) A business office which is not legally affiliated with a business which has an occupational license from Orange County shall pay a license tax in accordance with the following schedule: (1) For one (1) through ten (10) workers - Thirty dollars ($30 . 00) : (2) For eleven (11) through twenty (20) workers - Forty dollars 1 ($40. 00) : (3) For twenty-one (21) through thirty (30) workers - Fifty dollars ($50 . 00) ; (4). For thirty-one (31) through forty (40) workers - Seventy dollars ($70 . 00) : -30- I I (5) For forty-one (41) through fifty (50) workers - Ninety dollars ($90 . 00) ; I (6) For fifty-one [_51) through seventy-five (75) workers - One hundred forty dollars ($140) ; (7) For seventy-six (76) through one hundred (100) workers - Two hundred twenty-five dollars ($225 . 00) ; (8) For one hundred one (101) through one hundred fifty (150) workers - Three($340 . 00)h;undred forty dollars (9) For one hundred fifty-one (151) or more workers - Four hundred fifty dollars ($450 . 00) . Section 30. Chapter 25 of the Orange CountyCode is hereby amended to add the following section: Sec. 25-112. Surrender of license certificate. Upon the discontinuance. dissolution or other termination of any business. occupation or profession for which an occupational license certificate has been issued under this article, the person to whom such license certificate was issued shall forthwith voluntarily surrender and deliver such license certificate to the Orange County Tax Collector - Occupational License Department . Section 31. The classifications for the business, professions and occupations subject to payment of an occupational license tax and the amount of the taxes imposed C C -31- are set forth in Exhibit "A" to this Ordinance and incorporated herein by reference. Section 32 . Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are declared severable. Section 33 . Effective Date. This ordinance shall become effective as provided by general law. 1 1 KKC386 08/01/94 -32- IDU-IIB IT A OCCUPATIONAL LICENSE RATES AND CLASSIFICATIONS BUSINESS RECOMMENDED FEE BUSINESS RECOMMENDED FEE Amusements Junk Dealers Amusement Device $10.00 Scrap Metal Process Plant $150.00 Amusement Center $225.00 Junkyard-Sanitary Fills $100.00 Coin Oper.Amusement Machine $10.00 Junk Dealer-Traveling $30.00 Amusement Machine Company $225.00 + (25 machines and over) 2.00/Machine Theme Park $1,500 LP Gas Campground Manufacture-Processor Workers Scale 0 - 200 spaces $30.00 Installer Workers Scale 201 + spaces $60.00 Dealer Retail Scale Business Office Manufacturing Business Office Manufacture-Processor Workers Scale Associated w/O.C. Business Business Scale Manufacture-Printing Workers Scale I Business Office-Independent Workers Scale Manufacture-Quarrying, Mining - non-agricultural Workers Scale p Contractors Aluminum Spec Workers Scale Cabinets Workers Scale Professionals Demolition Workers Scale Architect $30.00 I Electrical Workers Scale Attorney 30.00 Fencing Workers Scale Auctioneer 30.00 General Builder Workers Scale Barber 30.00 House Moving Workers Scale Certified Public Accountant 30.00 I H.A.RV.Mechanical Workers Scale Cosmetologist 30.00 Irrigation Workers Scale Dentist 30.00 Land Clearing Workers Scale Dispensing Optician 30.00 Paving Workers Scale Embalmer-Funeral Director 30.00 Plumbing Workers Scale Engineer 30.00 Pollutant Storage Workers Scale Interior Design 30.00 Pool Workers Scale Land Surveyor 30.00 Roofing Workers Scale Massage Therapist 30.00 Steel Erector Workers Scale Ophthamologist 30.00 Underground Utilities Workers Scale Optometrist 30.00 Miscellaneous Contractor Workers Scale Physician 30.00 Psychologist 30.00 Real Estate Broker or Corp 30.00 Veterinarian 30.00 Miscellaneous Professional 30.00 ...::+4}>:;i:�.Xi:{n}}:•iiiYC!:•:}ii: ..:............. ...T:::;:ii:;p::.�ti♦:;;: ?iti}}'ti:ti:: ....,y::::: W is•.\-v\J}.}y:i::x%O:,v::i:•ii:. •3Scale:Siii�i::::ii::i:i-i:;::::;�:;i;:iii; .:: ., .1.••....v.�?::•v'.:.:;.- ..:.v :: :o: Business.Scale;:: »»:.><>:::::_»:_>::::>:.:<»>: ;;: <:.:<-:::>:::>:>.::::<.>: ........................... .,............................ Retali:Scaia>�: :<�<><:>:::<,-.�::::.,.::::.::.:.:,-:. Number of Workers Number o Workers Nuri is I i:•T�:I�t:Y;::'•i�:�ii"r'iiiii::'v'v`•:L?<ii:? : .'' ...,......:.......:.....:.::::•:�}::. '-: .::: .$30;8:>: y<:-t0::»::>::»:.> ::><::::>:<::::»::>:<=>;:::: :::;;g•:;::->:; .....:.:,. :::::::::::::::.,,..::;.;•:;:::.:::::;:.:.:.:.;;:.;:;:..:.. .:...: . ........,... ..::::::.,.-. $30.00::: 4/�{�/�� .}.4 i:;ti+:iii:::�<8\�:;i::....4.\v:.:.:: . :i?:imiititin:iimi:iiiiiiii*:::. N ..4000.'' -::�v\���:::\:.•...Nl\•.v-'n:.a:.: v�:ti -:.\•.:::nv ::Sill?iiia:::-ti::•il':i;.v;:;�.,v:.:{.:.::.:is ...30�'::;>iii:...........n;v.�•::::...... :.: :: •i:;•:-Ti•.:.}vvi:Ci::::ii:4::::.?:G:i::i::is ii .:. :w::;:w:::::.vnvt w: :::tit{T:;Y?;:i:•SSi:^iii::6i::... • 3 1:: 41- 1 EIl .:,ig::::,-.,ii:iiii:nia::i:iaiilgii:e]ll,.:ilgiiiii:o:::r;iaiviiimenligog. 90.Of :. 51-75..:.xi:,K:` ': <`` ii:mi§ `40 00> 76-100 22500 .101 1:50 :340.00 1:51+i:<:::>_::::<:>ii:<:ii::i s450- OCCUPATIONAL LICENSE RATES AND CLASSIFICATIONS BUSINESS RECOMMENDED FEE BUSINESS RECOMMENDED FEE I Restaurants Vending Machines Restaurant--Take out $30.00 Merchandise Machine $5.00 Restaurant Seats> >>> >> < ><> Merchandise Machine Company 150.00 + 0-30 $3000'; (35 machines and over) 1.00/Machine 31 74 60.00:i Service Machine 5.00 75 149 9000 Service Machine Company 150.00 + 150f; ..,,,.: .:;120;00;• (35 machines and over) 1.00/Machine Laundry $5.00 I Restaurant-Drive In $60.00 Radio/TV $5.00 Restaurant-Snack Cart $30.00 Penny 1.00 Ice Cream $30.00 I Other Retail/Wholesale Retail Store Retail Scale Advertising Space Renters $2.00 ea. IRetail-Convenience Retail Scale Automatic Teller Machine Retail-Department Store Retail Scale Per Machine $75.00 Large Grocery Retail Scale Banks-Savings&Loan $225.00 Second Hand Dealer Retail Scale Bulk Plant Workers Scale LP Gas Dealer Retail Scale Cemeteries $150.00 Wholesale Business Retail Scale Circus&Traveling Shows $225.00 + Per side show $30.00 IConvention Center $450.00 Services Dance Hall $225.00 Advertising Workers Scale One Night 150.00 IAlarm/Fire Systems Workers Scale Entertainer $30.00 Auto Repair Workers Scale Flea Market Operator $225.00 Cab/Limo/Tour Workers Scale Trade at Flea Markets 30.00 Carpet Clean Workers Scale Exhibitors 225.00 ICatering Workers Scale Temporary Exhibits 6.00 Child Care Workers Scale Fortune Teller $30.00 Consulting Workers Scale Hotels& Motels $1.00/Room IDry Cleaners Workers Scale Insurance Adjuster $30.00 Floor Covering Workers Scale Instructor $30.00 Interior Decoration Workers Scale Miscellaneous $225.00 Janitorial Workers Scale Micro-Derma Pigmentation $30.00 Landscape Workers Scale Mortgage Broker 75.00 Lawn Care Workers Scale Pawnbroker $75.00 + Pest Control Workers Scale Retail Scale Photography Workers Scale Packing Processing, Canning Workers Scale; Printing Workers Scale (Agriculture) cap of$340 Production Company Workers Scale Peddler $30.00 Retirement Homes Workers Scale Permanent Professional Security/Investigator/Processor Agency Workers Scale Sports Team $225.00 Septic Tanks Workers Scale Promoter $225.00 Service Workers Scale Public Utilities Signs Workers Scale Subscibers over 5,000 $500.00 ISoftware Development Subscribers 0 -5,000 $225.00 &Programming Workers Scale Pyrotechnic Vendor Retail Scale Talent Agency Workers Scale School Retail Scale ITrailer Parks Workers Scale Transfer of License ($3 to$25) 10% Travel Agency Workers Scale Theaters&Shows $1.00/Seat,cap of$900 Videos Workers Scale Trader-Intangibles $75.00 Windows-Doors Workers Scale Trader-Tangibles Retail Scale Miscellaneous Service• Workers Scale II ORDINANCE N0. 820 AN ORDINANCE OF THE CITY OF APOPKA, FLORIDA, AMENDING II THE CODE OF ORDINANCES, CHAPTER 74 TAXATION, ARTICLE IV OCCUPATIONAL LICENSE TAX, IN GENERAL, SECTION 74-102 SCHEDULE OF FEES, REVISING CURRENT FEES, RECLASSIFYING OCCUPATIONS AND ESTABLISHING NEW RATE STRUCTURES; II PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statutes Section 205.035, on November 3, 1993, the City Council of the City of Apopka, 11 Florida, established an equity study commission and appointed its members; and WHEREAS, the Equity Study Commission met on December 9, II 1993, January 13, 1994, January 26, 1994 and February 10, 1994, which meetings were advertised and open to the public, to review Chapter 74 of the Apopka Code of Ordinances relating to Occupational License Taxes; and WHEREAS, the Equity Study Commission proposed changes in the classifications and rate structures of Occupational License Taxes; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF APOPKA, FLORIDA that: SECTION I. Chapter 74, Section 74-102 of the Code of Ordinances be amended to read as follows: Sec. 74-102. Schedule. II There is hereby assessed, levied and imposed upon every business, trade, occupation and profession carried on within the city an annual occupational license tax in the following amounts: II Abstract and title company 40.00 Accountant or auditor. See Professional. Adult congregate living facilities. See Group home housing facilities. II Adult foster home. See Group home housing facilities. Advertising. (1) Agents or agencies writing advertising for profit 50.00 (2) Outdoor advertising, painted walls bulletins, billposting, electric displays, etc. 50.00 (3) Advertising on streets with banners, floats, cartoons or exhibitions, but not using sound effects or music, and when operated so as not to constitute a nuisance or breach of the peace. 50.00 Advertising, promotion schemes, etc. Coupon or stamp redemption or display places, each plan or location (based on retail value), see Merchant. II Advertising: public carriers, trucks, vehicles. (1) Contracting for advertising in or on buses, taxicabs or other public carriers only 50.00 (2) Persons allowing painted or printed advertise- !' ments of others to be displayed upon their trucks or vehicles for profit when such advertise- ments are not related to the business or privilege for which the trucks or vehicles are operated 50.00 II (3) Advertising, public relations. 50.00 Advertising schemes, others, publishing houses. (1) Advertising schemes and devices not otherwise provided for, each device (approval of city council required) 50.00 (2) Publishing or distributing advertising bulletins or handbills, not connected with licensed business 50.00 (3) Publishing houses 100.00 II ORDINANCE NO. 820 Page 2 II Agency, agent or salesman. (1) Claims or collection agencies, other than bankers, lawyers, etc. ($500.00 surety bond required) _ 50.00 (2); Credit reporting and mercantile (separate II license required for collection agency) 50.00 (3) Employment 50.00 (4) Equipment, heavy equipment, semitrucks, tractors, etc. , see Merchant. 11 (5) Private detective or detective agency, see Detective. (6) Order houses representing mail order companies, see Merchant. 11 (7) Automobile agencies, see Automobiles. (8) Insurance agencies, see Insurance. (9) Real estate agents, see Real estate. (10) Unclassified and not otherwise specified 50.00 Aircraft agency. (1) Freight, approval by city council required. Proof of insurance as required by FAA. (2) For hire 100.00 (3) Flying lessons 100.00 li Alarm installer. See Contractor. Ambulance service, private. (1) Each vehicle 50.00 Amusements. II (1) Automatic piano or other instrument of like character, each (stamp required) 10.00 (2) Amusement arcade having dames and other amusement devices, not otherwise classified li by ordinance, for each game or device (stamp required) 10.00 (3) Bathing or swimming pool where a charge is made 100.00 (4) Bowling alleys, each lane 17.50 (5) Circuses, per day, approval of city council required ($500.00 deposit required, unexpended balance returned) 200.00 (6) Golf: a. Golf, miniature or Tom Thumb, each course 50.00 • II b. Golf driving range 50.00 c. Golf course, regulation, nine to 18 holes 200.00 • d. Golf course, par 3, etc. 100.00 II (7) Pool and billiard rooms: a. First table 17.50 • b. Each additional table 10.00 (8) Rinks, skating, bicycle, motorbike, midget II cars and such 150.00 (9) Shows of all kinds, except circuses or carnivals, or any other exhibitions giving performances under tents or temporary structures of any kind, whether such tents or temporary structures are covered or not (must be approved by chief of fire department) a. Admission charge of $0.25 or less, per day 50.00 b. Admission charge of more than $0.25 but II less than $0.50 per day 100.00 c. Admission charge exceeding $0.50, per day 200.00 '(10) Riding devices, other than carnivals, such as • 0merry-go-round, Ferris wheel, etc., each II device: a. Per year or portion thereof 50.00 r'b) Temporary, per day 20.00 (11) Carnival, including riding devices, per day, II approval of city council required ($500.00 deposit required, unexpended balance returned) 200.00 (12) Rodeo, per day 200.00 (13) Kiddie rides used exclusively for the enter- II tainment of children and not as part of a carnival or circus, each machine 20.00 II IIORDINANCE NO. 820 Page 3 (14) Promoters of entertainment, such as closed circuit TV, boxing, wrestling, concerts, etc. , see subsection (9) of this subsection. (15) Miniature car racing 50.00 (16) Recreational clubs, private 50.00 (17) Video game, coin-operated, per machine (stamp required) 10.00 Apartment house. See Hotel. Appraiser, other than real estate 50.00 Architect. See Professional. II Armored car. Each vehicle 50.00 Arms. Dealers are required to report to the city police department at its demand the records of all acquisitions and disposal of the articles mentioned 11 in the subsection. Requires Federal Firearms license. (1) Dealer in arms, including pistols, knives, sling- shots, brass knuckles or dirk knives, etc. , hold- ing another license, see Merchant. II (2) Guns and weapons only 100.00 Artificial stone manufacturer or sales. See Manufacturer. Artist, commercial. Paintings or other art for profit, small sizes, no building plans 50.00 11 Asphalt sales only 50.00 Auction shop. City council approval required. 250.00 Auctioneer. Must have state license. Each person... 50.00 Auto rental. Vehicle rental operations, which shall II include the furnishing, hiring or providing of automobiles, trucks, jeeps, motorcycles, motor scooters, bicycles, trailers, haul-away boat services, . haul-away trailer (house) services, and all types of 11 drive-yourself or use-yourself and drive-it motor vehicles, but not including taxi or transfer companies, at fixed rental or service charges either for short- term or longterm use or service. Public liability II insurance policies or a surety bond shall be filed with the city clerk as required by the city council, and all other provisions of this Code relating to such business shall be complied with before a license is issued. 50.00 II Auto trucking business 100.00 Auto wrecking service. (1) One truck 60.00 (2) Each additional truck 20.00 Automated teller machines, except those located on the site of a financial institution 100.00 Automobile detailing 50.00 Automobiles. Agencies or persons engaged in sale of II automobiles, trucks or tractors. Automobile agencies licensed under the provisions of this schedule are permitted to conduct a repair shop, including upholstering, painting, metal body and fender 11 straightening, and to carry in stock repair parts to service the different lines or makes handled, and to deal in secondhand cars taken in exchange on sales of new cars by such agency, provided that the entire II operation is conducted from one location. Extra license required for auto wrecking service in excess of one wrecker. (Motor vehicle repair shops are required to provide proof of current registration or exemption from the Dept. of Agriculture and Consumer II Services prior to issuance or renewal.) 100.00 (1) Dealers in new or used cars with accessories and repairing 100.00 (2) Dealers in new or used cars, no repair 50.00 I! (3) Filling stations, see Filling station. (4) Body shop or paint shop, see Machine and repair. (5) Garage, repair, store, see Machine and repair. II (6) Accessories, parts and supplies, see Merchant. II II ORDINANCE NO. 820 Page 4 II (7) Each additional location for sale of cars taken in exchange on sales of new cars by each agency under this category (8) Secondhand agency100.00 or persons engaged in trading, buying and selling secondhand automobiles, trucks or tractors, each location Awning sales and service 100.00 Bakery products 50.00 Bank, trust company or 50.00 P Y persons doing a banking II business Bankrupt or damaged 200.00 Per day g goods sales. Barbershop. 40.00 II (1) One chair (2) Each additional chair of a regularly employed 25.00 barber Beauty shop. 10.00 (1) Hairdressers and manicurists, one operator (2) Each additional operator who is regularly 25.00 employed ' (3) Electrolysis 10.00 Bicycles, motor scooter and motorcycle, sales agency 20.00 or repair Bicycles for rent, not connected with other business 50.00 Billboards. See Advertising. 50.00 Billiards or pool tables. See Amusements. II Blacksmith or horseshoer Boardinghouse. See Hotel. 50.00 Boat sales. See Merchant. Boatbuilder. See Manufacturer. II Bonding company. See Insurance. Bonds, criminal or bail, doing business of securing or furnishing for pay. Each agency, local or other- wise (city council approval required) Book agent. See Agent. 300.00 Bookkeeping service Books and stationery. See Merchant. 50.00 Bootblack. (1) One or two seats. (2) Each additional seat 10.00 Bottled gas dealer. See Gas distributor, bottled 2.00 distributors. Bottling works or carbonated beverages. (1) One delivery truck, see Manufacturer. Broker. (1) Merchandise (2) Stocks and bonds 100.00 II (3) Insurance 100.00 (4) Mortgages and loans 100.00 (5) Produce, dealing in fruits or vegetables 100.00 11 (E) Dealing in lumber and lumber g 100.00 (7) Not otherwise specified products 100.00 Builder. See Contractor. 100.00 Building materials and supplies. See Lumber. Bus lines, office and station space. Each Business office. Persons utilizing or renting office 50.00 or desk for a business not otherwise licensed Cabinet or carpenter shop. See Manufacturer. 50.00 Cablevision company Cafe or cafeteria. 320.00 II (1) Up to 25 accommodations (2) Over 25 accommodations per accommodation35.00 (3) Drive-in and carryout foodstore1.00 Candy or confectionery shop. See Merchant. 50.00 ll Carnival or street carnival. See Amusements. Carwash Catalog center 50.00 IICatering. Requires health department 50.00 Check cashing company permit 50.00 Child foster home. See Group home housing facilities. 200.00 11 ORDINANCE NO. 820 Page 5 Children's nursery. Must have state approval and 11 fire inspection 50.00 Chiropractor. See Professional. Circus. See Amusements. II Citrus and produce marketing 50.00 Citrus fruit shipper. Places where orders for fruit are taken and are filled or shipped, excluding packinghouses 50.00 Clairvoyant. II (1) Receiving remuneration (no license issued for less than one year) 1,000.00 Clinical laboratory. See Laboratory. Coin-operated machines or devices. Any machine in which a customer deposits a coin, and II which returns a commodity or service for such coin. In addition to the license required for any specific business, a prenumbered sticker or decal shall be issued for each specific machine licensed, which 11 sticker or decal shall be firmly and permanently affixed to that machine, and no other. Failure to have the sticker or decal in place on the machine licensed, or having the sticker or decal on any other machine, shall be prima facie evidence of a violation of this article. (1) Machine located in place of business not owned and operated by owner of machine, each machine 10.00 II (2) Machine located in place of business owned and operated by owner of machine, each machine 4.00 (3) Coin/token-operated video games, per machine 10.00 Cold storage plant, for general use of public for pay, II with or without lockers 50.00 Collection agency. See Agency. Computer service 50.00 Concrete mixer truck. Each truck 40.00 Confectionery store, candy, soft drinks, ice cream, etc. See Merchant. Contractor. Any person who for compensation under- takes to or submits a bid to, or does himself or by others, construct, repair, alter, remodel, add 111 to, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, on a cost-plus or hourly basis is required to have a city II license, as set forth in this subsection, within their individual specialty. For licenses issued to applicants who employ three or more persons, sub- mission of proof of worker's compensation coverage II is a prerequisite for issuance of the license. (1) General, must have state license 75.00 (2) Air conditioning and heating, must have state license 50.00 (3) Alarm service installer, must have state II license 50.00 (4) Building contractor, must have state license 50.00 (5) Carpenter 50.00 li (6) Carpets 50.00 (7) Cement and concrete 50.00 (8) Dirt hauling 50.00 (9) Drywall - (Hanging requires state license) 50.00 (10) Electrical, must have county certificate of II competency and state license 50.00 (11) Fence 50.00 (12) Floor sanding and refinishing 50.00 (13) Framing 50.00 II (14) Gas, must have state license 50.00 (15) Glass 50.00 (16) House movers and wreckers, see House mover. (17) Lathing 50.00 11 (18) Masons and plasterers 50.00 (19) Painters and paperhangers 50.00 ll II ORDINANCE NO. 820 Page 6 (20) Patio 50.00 11 (21) Paving 50.00 (22) Pipefitters 50.00 (23) Plumbing, must have county certificate of competency and state license 50.00 II (24) Pressure cleaning 50.00 (25) Refrigeration system 50.00 (26) Repair, specialty only 50.00 (27) Roofing, must have state license 50.00 (28) Screen work 50.00 11 (29) Septic tanks, must have state license 50.00 (30) Sheetmetal, must have state license 50.00 (31) Sidewalk 50.00 (32) Siding, must have state license 50.00 II (33) Solar, must have state license 50.00 (34) Specialty, must have state license 50.00 (35) Sprinkler system, must have state license 50.00 (36) Steel worker 50.00 (37) Stucco 50.00 II (38) Store fixtures and front 50.00 (39) Subcontractors 50.00 (40) Swimming pool, must have state license 50.00 (41) Tent 50.00 II (42) Terrazzo 50.00 (43) Tile, floor and acoustical 50.00 (44) Tinsmith 50.00 (45) Underground utility, must have state license 50.00 II (46) Well drillers, must have state license 50.00 (47) Others, not specified 50.00 Convenience store. See Merchant. If store has gas pumps, also see Filling station. li Crafts 50.00 Credit association. Persons or agents thereof operating in the city supplying information or collecting accounts for members or others ($2,500.00 surety bond for protection of IL clients required) 50.00 Curios, dealer in. See Merchant. Dairy. (1) One vehicle 25.00 111 (2) Each additional vehicle 10.00 Dancehall 100.00 Data processing service 50.00 Deadly weapons. See Arms. II Dealer in live bait 25.00 Dealer in livestock 50.00 Decorator. (1) Interior 50.00 li Delicatessen. See Merchant. Delivery service. Delivery of parcels, boxes, bags, packages, diapers, linens, milk, etc. (1) One truck 25.00 (2) Each additional truck 10.00 Designer 50.00 Detective, investigator, patrol and guard services. Must register with city clerk and be approved by city council subject to police investigation and 11 report. Must furnish proof of certification by state. (1) Each detective, investigator, patrolman and Guard 50.00 IL (2) Each agency 100.00 Directory, city; county or state. Each person selling or offering for sale, including sale of advertising or space 50.00 Disc jockey 50.00 II Distributor agency, not otherwise specified, not stocking merchandise, but ordering for customers only. (Otherwise see Merchant, retail) 100.00 II llORDINANCE NO. 820 Page 7 Divine healer. Each (no license issued for less than one year) 1,000.00 Electrical contractor. See Contractor. Electrical light or power company, furnishing light and power in city by authority of city council franchise only 50.00 II Emergency shelter or home. See Group home housing facilities. Employment agency. See Agency. Equipment rental. (1) Small tools and equipment 50.00 (2) Heavy equipment, tractors, graders, etc. 100.00 Exhibition, curiosity, for profit. Per day (exhibitions not allowed on street except with written consent of city council) 100.00 Express company 50.00 Exterminator. Must first secure and submit state license. (1) One truck 50.00 (2) Each additional truck 10.00 Ferris wheel, merry-go-round, etc. See Amusements. Fertilizers. See Merchant. Filling station. Tire repairing, washing and greasing cars, and accessories incidental to such business permitted without extra charge. (1) One gasoline pump installed. 25.00 (2) Each additional nozzle installed 5.00 11 Finance company. (1) Small loan companies (see F.S. ch. 516), moneylenders, salary purchasers, small loans, etc. , license tax to be computed on the basis of outstanding loan accounts as of December 31 of the previous year. Separate license required for each company and each location. The schedule of license taxes is as follows: 11 a. Accounts outstanding up to $100,000.00 100.00 b. Accounts outstanding $100,001.00 to $500,000.00 180.00 c. Accounts outstanding over $500,000.00 200.00 (2) Discount consumer financing and finance companies, ll including capital loans and the retail and whole- sale financing of the sale or lease of motor vehicles, boats, trailers and mobile homes, and also mortgage loan businesses. License taxes are 11 computed on the basis of the aggregate outstanding loan account balance as of December 31 of the previous year. Separate license required for each company and each location. The schedule of license taxes is as follows: a. Accounts outstanding up to $1,000,000.00 100.00 b. Accounts outstanding $1,000,001.00 to $5,000,000.00 180.00 IIc. Accounts outstanding $5,000,001.00 and up 200.00 Firearms - See Arms. Fire or bankrupt sale. See Bankrupt sales. Fireworks - Peddler and occupational license required. IL Fish market and oysters. (1) Retail 50.00 (2) Wholesale 60.00 Fish peddler 50.00 Fishing tackle 50.00 II Florist shop. See Merchant. Fortuneteller. No license issued for less than one year. 1,000.00 Funeral home. 120.00 II Furniture. See Merchant. Furniture packer, shipper or storage 40.00 Furniture, repairs and upholstering. See Machine and repair. 11 Garage. See Automobiles. 11 II ORDINANCE NO. 820 Page 8 Garbage hauling, for profit, by authority of city council, including recycled materials. Gas distributors, manufactured or natural. 100.00 (1) Natural pipeline, manufactured (2) Bottled, LPG 100.00 Gasoline, retail vendor 50.00 gasoline, fuel oil or kerosene from truck, per vehicle Gasoline and oil. 50.00 (1) Gas and/or oil wholesale bulk dealers (flat rate) and/or Liquid Petroleum. (2) Gasoline or fuel oil, 100.00 II peddler. See Peddler. Gasoline, etc., retail. See Filling station. (1) One to five trucks II Going-out-of business sale. Must comply with state law Golf driving range or50.00 practice course 50.00 Golf, miniature Group home housing facilities. These include adult 50.00 II congregate living facilities, adult foster homes, child foster homes, emergency shelters and homes, group homes and nursing homes. Prior express ap- proval of the city council is required. The license is not transferable. II Guaranty company. See Agency. 100.00 Guard service. Must have class A or class B state license before city license will be issued. Must be cleared by police department, with report sub- mitted to city clerk. Per person Guns. See Arms. 50.00 Hairdresser. See Beauty shop. Health club. Must meet state requirements. (Proof of current registration or exemption from the Dept. 11 of Agriculture and Consumer Services is required prior to issuance or renewal.) Health spa. Must meet state requirements. (Proof of 100.00 II current registration or exemption from the Dept. of Agriculture and Consumer Services is required prior to issuance or renewal.) 200.00 Helicopter service, rental Home occupation. 100.00 II (1) Not otherwise classified (2) The fee for the following home occupations 50.00 shall be as shown: a. Dressmaking 10.00 11 b. Knife or scissor sharpening 10.00 • c. Sewing 10.00 Hospital, animal li Hospital, sanitarium 50.00 Hotel or motel, including apartments, roominghouses, 200.00 lodginghouses, guesthouses and boardinghouses. All other activities, such as restaurants, bars, dancing, etc., must have a separate license. Each bedroom rented 5.00 House mover or wrecker. Permit must be obtained from building official before moving house on or across street or wrecking house. Must furnish indemnity Ill bond acceptable to city clerk, in the amount of $5,000.00 Hypnotist, mindreader, etc. Per exhibition (except 50.00 as otherwise exempted by city council) 300.00 II Ice cream manufacturer, wholesale or retail (1) One truck, see Manufacturer. (2) Each additional truck 10.00 Ice sales vending machine. Each machine 10.00 ORDINANCE N0. 820 Page 9 Insurance. (1) For the purpose of taxation, insurance companies are classified and defined as follows: a. Casualty and liability insurance companies, 11 including bonding companies, writing: 1. Accident and health insurance only, on an annual, semiannual or quarterly premium paying basis. 2. Bonds, including fidelity, court contract and surety bonds and financial guarantees and title insurance or guarantees. 2. Burglary insurance, including residence, bank, stocks, bonds and securities, safe burglary and holdup and messenger robbery. 4. Liability insurance, including employer's, public and other forms of liability insur- ance and automobile liability for personal injury, property damage and collision. 5. Plate glass insurance. E. Workman's collective insurance issued to employers of labor. b. Fire insurance companies writing policies of insurance against hazards of fire, tornados and windstorms, use and occupancy, profits, rent, leasehold insurrections, riot and civil connection, sprinkler, leakage, rain, fire, theft, automobile collision; and marine cargoes and hulls, and rail, mail and express shipments, against fire, collision, stranding or sinking. c. Industrial insurance companies, including funeral benefit associations or companies, writing life or accident and health insurance and funeral benefits on a weekly or bimonthly premium paying basis. d. Life insurance companies writing life insurance with or without disability clauses or accident and health features as a part of the policy contract upon an annual, semiannual or quarter- annual premium paying basis. Any person who represents or otherwise acts as an agent for an insurance company as defined or classi- fied in this subsection, or who operates and main- tains an office or place of business in the city, 11 shall be deemed to constitute and operate an insurance agency. (2) The license tax schedule is as follows: a. Fees to be paid by the company: 1. Casualty and liability companies 20.00 2. Fire insurance company 20.00 3. Industrial insurance and funeral benefit association or company 25.00 4. Life insurance company 25.00 The license or permit must be displayed by the agency representing such company. These fees are not to be prorated. b. Fees to be paid by the agency: 1. Insurance agency permitting operation of only one person 30.00 2. Each additional person such as a solicitor or salesman, taking applica- tion for, negotiating, effecting or collecting premiums 10.00 Each insurance company represented must first take out a license as provided in this subsection for a company. The license or permit must be displayed by each insurance agency showing the license tax paid for each company represented. ORDINANCE NO. 820 Page 10 c. Traveling agent, soliciting insurance of any kind, for mutual, reciprocal or other associa- 11 tions, companies or exchanges. Not permitted to operate under resident agent's license or to solicit business for a company not licensed to operate in the city. Each agent 20.00 Insurance adjuster 50.00 Insurance premium financing 50.00 Interior decorator 50.00 Itinerant merchant or vendor, temporarily engaged 11 in the sale of goods, wares or merchandise, and occupying any building or structure for the sale thereof. See Peddler. Janitorial service, including contract, individual, window cleaning, house and office cleaning, com- mercial, indtrial, etc. ($1,000.001 surety bond required) (2—We-or a/l,.�. /- ,.,.1'J 50.00 Jewelry and watch repairing. (1) Alone 50.00 II (2) Additional to jewelry store, no charge. Jewelry store. See Merchant. Job printing. (1) Alone 50.00 (2) Additional to other license 20.00 11 Junk shop or dealer, including dealers in junk, old trash, rags, metal, rubber, etc. , including those gathering about city in trucks 100.00 II Junkyard, salvage yard or wrecking yard 300.00 Kennel, dog and animal 50.00 Kerosene. See Gasoline, retail vendor. Laboratory. • (1) Chemical or other testing laboratories II (subject to `council approval) 100.00 (2) Those laboratories not otherwise classi- fied where work is done, parts made or assembled, or analysis is made for the 11 medical, dental or optical profession 50.00 Land clearing and site cleanup 100.00 Land developer 100.00 Landscape architect or contractor, buying, selling or moving plants and trees or doing general land- scape business 50.00 Laundry and dry cleaning 50.00 1. Self-service and Automatic (See Coin-operated) 2. Pickup stations, each 30.00 II Lawn service and care 25.00 Leasing office 50.00 Linen, towel supply and uniform service 50.00 11 Locksmith or gunsmith. See Machine and repair. Lodginghouse. See Roominghouse. Lumber or building material dealer 100.00 Machine and repair license. (1) The machine and repair shops listediin II this subsection are required to cover the operating of the different lines of business by taking a machine and repair license. This shall include machine and repair shops not II licensed as an automobile agency or under any other item in this section. Such shops are permitted to carry a stock of parts as necessary to be used only in making repairs 7 in the shop licensed. If any portion of the stock islsold in any other manner, a merchant's license is required. (Proof of registration or exemption by the Dept. of Agriculture Y< II Consumer Services is required prior to issuance or renewal - if applies.) The license tax is as follows: for shops employing, including the owner and operators: II 11 ORDINANCE NO. 820 Page 11 a. Not exceeding three persons 40.00 b. More than three and not exceeding eight li persons 50.00 c. More than eight and not exceeding 20 persons 100.00 d. More than 20 persons 150.00 (2) The following are included in this classifi- cation: Airplane machine and repair shop Auto laundry. 11 Auto machine shop. Auto painting and body shop. Auto radiator repairing. Auto top and upholstering. Blacksmithing. 11 Boat and marina repair. Boiler maker. Brazers and welders. Furniture refinishers and repairs, upholstering. ' Gunsmith. Locksmith. Radio and television repairs. Repair shops, not otherwise specified. Stove repairing. Typewriter repair shop. Any machinery and repair not otherwise pro- vided for in this section. II Machinery dealer, itinerant 160.00 Mail Order company 75.00 Manicure. See Beauty Shop. Manufacturer. (1) The businesses listed in this subsection are li classed as manufacturers, and each person engaged in the operation of any of such businesses in the manner described are required to cover the operation by taking out a manufacturer's license as follows: II factory, permitted to manufacture and sell the products manufactured, when employing, including the owner and operators actively engaged in the business: a. Not exceeding three persons 40.00 II b. More than three and not exceeding 8 persons 50.00 c. More than eight and not exceeding 20 persons 100.00 • d. More than 20 persons 150.00 (2) The following are included in this classification: II Awning and tent shops, Artificial stone, Asphalt, Bakery, Blocks, cement, Boats, Bottling works or wholesale distributor of soft drinks, Cabinet building products, Canning, Cigars and tobacco, Ceramics, Cesspools, 11 septic tanks, Chemical laboratories, Concrete block, ready-mix cement and supplies, Doors, sash and blinds, Electrical machinery and equipment, Fender, body and top work, Fertilizer, Food processing and packaging, II Foundries, Furniture, Glass and mirrors, Gold, silver and nickel plating, Granite, marble and stone, Harness and saddlery, Ice plants, Lens grinding, optical manu- facturing, Lumber and planing mills, Metal, plastic or II cardboard containers, Mirrors made to order or re- silvering, Motor vehicle assembly, Neon signs, Novelty works, Optical laboratory, Paint, varnish, Pennants, Pharmaceutical products, Photographic equipment and supplies, Pillows, mattress and spring factory, Pre- serves and jelly, Rubber stamps, Sails, Sandwiches, Statuary, Textile, Tire. Any manufacturer not other- wise provided for in this section. Manufacturer representative 50.00 Marble, monument and stone cutting (for dealers with stock, see Merchant 50.00 Meat dealer, wholesale 50.00 II 11 ORDINANCE NO. 820 Page 12 Meat Market, fresh wholesale or retail. See Merchant Must comply with sanitary requirements. Medical clinic 50.00 Medical equipment supplies 50.00 Merchant's license. All merchandise not otherwise provided for in this section shall be classified ��hr:y.. 11 as mercantile lines, and such person engaged in the n� sale of such merchandise is required to cover the operations by taking out a license as follows. (If a retail dealer, a retail merchant's license is required. If a wholesale dealer, a wholesale merchant's license is required. If an agent for a manufacturer, a broker's license is required. If manufacturing, a manufacturer's license is required. (1) Merchant, retail, provided the license shall permit but one location, when the average value of the stock of goods carried is as follows: a. Up to and including $25,000.00 50.00 X.00eg b. Each additional $1,000.00 or fraction thereof .80 II c. Maximum license tax 150.00 (2) Merchant, wholesale, provided the license shall permit but one location, when the average value of the stock of goods carried is as follows: II a. Up to and including $25,000.00 50.00 b. Each additional $1,000.00 or fraction thereof .80 c. Maximum license tax 150.00 Merry-go-round, carousel or flying jenny. See li amusements. Milk and dairy products distributor, wholesale or retail. (1) One Truck 30.00 (2) Each additional truck 10.00 Millinery. See Merchant. II Mobile home park or sales. (1) Per Space 2.00 (2) Minimum 50.00 II (3) Maximum 200.00 (4) Sales up to 100 trailers 100.00 (5) Sales over 100 trailers 160.00 Mobile units, including but not limited to welders, II television repairmen, upholsterers, lawn spraying services, mechanics, bicycle repairmen and pest control operators. Such persons shall pay a license tax calculated as if such person were not II a mobile unit. Moneybroker or lender. See Finance company. Motor vehicle assembly. See Manufacturer. Moving company 50.00 II Music and musical goods. See Merchant. Music boxes, operated for profit. See Coin-operated machines or devices. Music teacher or instructor 50.00 Neon lighting, installation or service of 25.00 II News and magazines, wholesale depot 50.00 Newspapers. (1) Published less than six times per week 50.00 (2) Published six or more times per week 100.00 Newsstand, not in connection with other business 25.00 Nursery, shrubs, trees, plants, sod, etc. (does not apply where landscape license tax is paid) 25.00 Nursing home. 100.00 II Office supplies and furniture. See merchant. Oriental goods, imported art, fancy or manufacturers' laces, goods, wares, rugs or merchandise of a like kind. See Merchant. II Painter, general or subcontractor. See Contractor. Palmist. No license issued for less than one year. 1,000.00 Paperhanger, general or subcontractor. See Contractor. Parcel delivery 50.00 II ORDINANCE N0. 820 Page 13 Parking lot, for profit II (1) One to ten cars 16.00 (2) 11 to 30 cars 24.00 (3) 21 to 60 cars 32.00 C4) 61 to 100 cars 40.00 (5) 101 cars and overII 80.00 4 Pawnbroker. Not transferable. Businesses selling goods other than those pledged must pay an additional license tax as other merchants. Must have state registration from department of revenue. Must have city council approval. 250.00 Peddler. Every peddler, solicitor or transient retail merchant shall pay in advance according to the following schedule: I (1) Fruits and vegetables and other items intended for human consumption, when not otherwise specified in this section 25.00 (2) Lunches, sandwiches or peanuts (no vehicle) 20.00 (3) lunches, sandwiches or peanuts from pushcart or other vehicle 40.00 (4) Wares, merchandise, goods, etc. , house to house or from vehicle 150.00 Pet grooming 50.00 II Pet store 50.00 Photo finishing pickup station 50.00 Photographer 40.00 Photographers' supplies. See Merchant. II Photography studio 100.00 Phrenologist. No license issued for less than one year. 1,000.00 Piano tuner 50.00 11 Pipefitting. (1) Connecting water conditioning units only 50.00 (2) connecting solar heater systems only 50.00 Plumber, master. See Contractor. II Pony rides 40.00 Poultry and eggs. See Merchant. Printing. See Job printing and Newspaper. Produce, established place of business, wholesale (not grown by operator. ) 50.00 11 Professional license. (1) The following professional practitioners are classed as professional, and each person engaged in the practice of any ,such profession is required to cover their practice by taking out a profess- ional license as follows and are required to submit a state license when a state license is required in their profession: II Accountants and auditors. Accountants (CPA). Accounts, public and other. Analytical chemists. Appraisers, other than real estate. Architects, landscape. Ar- chitects or drafting architects. Artist, including II retouching, sketching, cartooning silhouettes, etc. Attorney at law. Bookkeepers and bookkeeping service. Brokers, real estate and other, i.e. mutual funds, stocks, food, produce, machinery, equipment, etc. Cartooning. Chemist and analytical. Civil, consult- ing or drafting engineers. Consultants: Advertising, 11 Business, Child guidance(Ph.D. and others), Engineer, Insurance, Marriage (family), Pension plans, Public relations, Statistical, Other, Crayon artist. 50.00 Doctors (physicians, dentists, etc. ): Chiropodist. Chiropractic physicians (D.C.). Chiro- practors. Christian science healer or practitioner. Dentist, including orthodontic surgeons, etc. Naturopathic surgeons (N.D. ). Optometrists. Optic- ians and oculist. Pathologists. Physicians and II ORDINANCE NO. 820 Page 14 surgeons (M.D. ). Physicians and surgeons, osteopathic. II Physiotherapists. Podiatrists. Veterinarians.. Others, such as hypnotists, therapists, anesthetists, masseurs, diathermists, etc. 100.00 Engineers: 11 Architectural. Chemical. Civil, including surveyors and drafting. Consulting. Designing. Drainage. Electric or electronic. Industrial. Management. Mechanical. r. Safety. Others. 75.00 11 Engravers, photo. Healers, magnetic. Picture enlargers. Surveyors. Tax consultants. Tax experts or tax practi- tioners. Any profession not otherwise provided for in this article. 50.00 (2) License taxes are as follows: il a. License for one person. See category. b. For each additional partner or person practicing the profession licensed and operating in connection with a person 11 duly licensed, permitting the operation of the additional person in connection with the person taking out his additional license and with no other license transferable. See category. Promoter, entertainment, exhibits, shows 100.00 Property management 50.00 Public stenographer 50.00 II Railroad company, steamship company or airline company maintaining office for purpose of booking and touring passengers. 100.00 Real estate agency. No license issued until state registration certificate is presented. No proration. II (1) Minimum 30.00 (2) With one person designated as broker 30.00 (3) Each additional broker 20.00 (4) Each additional salesman 18.00 II Real Estate agency. Selling from street, sidewalk or curb or with no phone or fixed place of business in city. 1,000.00 Repairs and servicemen. See Contractor or Machine II and repairs. Restaurant or barbecue stand. See Cafe or cafeteria. Roominghouse. See Hotel. Rugs. See Oriental goods. II Salvage. See Junkyard. Sandwiches. See Manufacturer and Peddler. Sanitarium. See Hospital. Savings and loan association 200.00 Sawmill 100.00 11 School, private, operating for profit. (1) The following are included: Dancing. (Proof of current registration or exemption from the Dept. of Agriculture and II Consumer Services is required prior to issuance or renewal if "Ballroom" Dancing. ) Business or commercial schools or colleges. Beauty or barber. Music. Physical education. Riding. II Telegraph, radio or television. Commercial (air pilot school). Electronic or data processing. Schools not otherwise listed. (2) License taxes are as follows: II a. One through 25 students 50.00 b. Twenty-six through 50 students 100.00 c. Fifty-one through 100 students 150.00 d. One hundred one students and over 200.00 IL Secondhand goods. See Merchant or Trucks. Septic tank cleaning. Equipment to comply with health department requirements. Approval by city council required. Disposal shall be approved by city council 50.00 Shoe repair shop. See Machine and repairs. 11 ORDINANCE NO. 820 Page 15 Shooting gallery. Must be so arranged and located as to entirely be safe and not a nuisance to adjoining II properties and approved by city council Sign painter 50.00 40.00 Skating rink. 'Approval by city council required 100.00 Solicitor (Requires city council approval) 100.00 Storage, cold and food lockers 50.00 Storage warehouse, alone or connected with other business with floorspace 100.00 Studio, recording, filming, processing, testing (sound and films). 100.00 Subcontractor. See Contractor. Surety company. See Insurance. Tailor. Does not permit cleaning 50.00 Tanning salon. Must meet state requirements 50.00 II Taxicab or automobile for hire with driver. Bond shall be furnished as provided by ordinance. (1) Cars carrying not exceeding 6 passengers 50.00 (2) Each additional car 20.00 11 Taxidermist. If stock is carried, a merchant's license is also required. 60.00 Tearooms or tea shops. See Cafe or cafeteria. Telegraph system. (1) Generally 150.00 (2) Sub-agents or stations 40.00 Telephone answering service 50.00 Telephone solicitations. Must have city council approval. Proof of current registration or exemption from the Dept. of Agriculture and Consumer Services is required prior to issuance or renewal. ) 100.00 Telephone system. Must comply with plans of city for underground distribution 250.00 Television antennas, sale and installation, or installation only, when not in connection with the sale of television sets 50.00 11 Testing of materials, chemicals, equipment, etc. See Laboratories. Theaters or moving pictures. (1) Generally 240.00 (2) Drive-ins 160.00 Trailers. See Mobile home park or sales. Travel agency. (Proof of current registration or exemption from the Dept. of Agriculture and II Consumer Services is required prior to issuance or renewal. ) Also see Insurance if insurance is sold. 50.00 Tree trimming or surgeon 50.00 Trucking terminal 100.00 Trucks and vehicles. (1) Trucks and vehicles doing retail business, except as otherwise specifically licensed. See Peddler. II (2) Trucks and vehicles doing business, either wholesale or retail, by the delivery of rarrtcl, processed or serviced goods, wares and merchandise, including linens, towels or II laundry supply businesses, except as specifically licensed. a. One vehicle 50.00 b. Each additional vehicle 20.00 II U-drive-it car and truck business. See Auto rental. Unclassified, not otherwise set out in this section 50.00 Upholsterer. See Machine and repairs. Vacuum cleaners, dealer in or agent for, not paying for merchant's license. See Peddler. Vegetables. See peddler. Vending machines. See Coin-operated machines. Vendor. See Itinerant merchant. Video games. See Amusements. 11 ORDINANCE NO. 820 Page 16 Water company, selling bottled water. (1) One truck (2) Each additional truck 100.00 Weight loss salon 50.00 Well driller. See Contractor. 75.00 Wholesale dealer. See Merchant. Window cleaner, maintaining office and doing business 50.00 Window tinting Wrecker, house wrecking only. See Housemover or 50.00 wrecker. llSECTION II. That no occupational license shall be issued unless the Federal Employee Identification Number or Social Security Number is obtained from the person to be licensed. SECTION III. SEVERABILITY. That if any section or portion of section or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other I! section or portion of a section or subsection or part of this ordinance. SECTION IV. CONFLICTS. That all ordinances and II ordinances in conflict herewith are hereby repealed. parts of SECTION V. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. li FIRST READING 03-02-94 IISECOND READING 04-06-94 ADOPTED: 04-06-94 G r/ John H. Land, Mayor ( ATTEST: /i Connie V. Major, City C�rk PP .1 VETS S TO FORM AND)L GAL�7 Y: n n / I II ii) 1rankC. I ruppenbache\-, Cit Attorney IIULY ADVERTISED FOR PUBLIC HEARING: March 18, 1994 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WINTER PARK, FLORIDA RELATING TO OCCUPATIONAL LICENSE TAXES; AMENDING CHAPTER 94 OF THE CODE OF ORDINANCES TO RECLASSIFY OCCUPATIONS AND ESTABLISH A NEW RATE STRUCTURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 205, Florida Statutes, known as the "Local Occupational License Tax Act" authorizes municipalities to levy occupational license taxes, under certain conditions and restrictions; and WHEREAS, Section 205.0535, Florida Statutes, provides in pertinent part that by October 1, 1995, a municipality may by ordinance reclassify businesses, professions, and occupations, and may establish new rate structures for occupational license taxes, provided that (i) before adopting a reclassification and revision ordinance, the municipality must establish an equity study commission, appoint its members, and such commission shall have recommended to the city commission a classification system and rate structure for local occupational license taxes, and (ii) the revised rate structure complies with certain requirements set forth in the above-referenced statute; and WHEREAS, a five (5) member equity study commission was appointed by the mayor on January 25, 1994, with each member being a representative of the Winter Park business community, and the equity study commission has made its recommendations to the city commission of a classification system and rate structure for local occupational license taxes; and WHEREAS, the City of4ishes to reclassify busi- nesses, professions, and occupa ions and establish a new rate structure for occupational license taxes; and WHEREAS, the city commission finds that the new rate structure and reclassification complies in all respects with the requirements of Section 205 . 0535, Florida Statutes; NOW THEREFORE, BE IT ENACTED by the people of the City of Winter Park, Florida as follows: Section 1. Section 94-43 of the Code of Ordinances of the City of Winter Park is amended to read as follows: C C Sec. 94-43. Schedule. The businesses, professions and occupations subject to the provisions of this article and the amount of taxes imposed and levied under this article and other prohibitions and requirements pertaining thereto are as follows : See Schedule attached hereto as Exhibit "A" Section 2. All ordinances or portions of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall take effect immediately upon its passage and adoption. ADOPTED at a regular meeting of the City Commission of the City of Winter Park, Florida, held at City Hall, Winter Park, Florida, on the day of , 1994 . Mayor Attest: City Clerk I: 1 1 If\aw\city\ordinance.occ\06.09.94 2 C Occupational License Classifications by Category CONSTRUCTION General Contractor $ 130. 00 Building Contractor 130. 00 Residential Contractor 130. 00 Electrical Contractor 130. 00 Plumbing Contractor 130. 00 Mechanical/HVAC Contractor 130. 00 Demolition Contractor/House Mover 130. 00 Land Clearing 130 . 00 Carpentry, Masonry, Painting, Sign, Tile, Roofing, Irrigation, Swimming Pool Contractors 130. 00 MANUFACTURING/FABRICATION Boat/Car Builders, Furniture, Computers, etc. 1 1 to 5 employees 105 . 00 6 to 15 employees 130 . 00 over 15 employees 155. 00 TRANSPORTATION Ambulance (each vehicle) 105. 00 Auto Parking Lot 1 to 10 cars 25. 00 11 to 30 cars 50. 00 31 to 60 cars 70. 00 61 to 100 cars 105. 00 over 100 cars 205 . 00 Auto Rental 130. 00 Bus Station 130. 00 Railroad Co. 380. 00 Taxi Service, Moving Company 1-4 vehicles 130. 00 each additional vehicle 12. 50 COMMUNICATIONS Newspaper 105. 00 Telegraph Company 205. 00 Telephone Company 1 , 000. 00 Newsrack Boxes 25. 00 UTILITIES Electric Power Co. 1,000 . 00 Natural Gas Dealer 1, 000. 00 dr Fuel Oil or Gas Dealer manufactured, bottled, LPG 200. 00 Garbage Collector 105. 00 Gasoline & Oil 230 . 00 Water Co. 1 , 000. 00 Waste Collector, Recycling Collector first truck 70. 00 each additional truck 20 . 00 1 RETAIL/WHOLESALE CBasic Retail/Wholesale first 3 , 000 sq.ft. $ 70. 00 each additional 3 ,000 sq.ft. 30. 00 Boat Sales 155. 00 Cemetery Sales 155. 00 Farmer 's Market Vendor 30. 00 Filling Station first pump 15. 00 each additional pump 7. 00 Ice Cream Vendor 105 . 00 Junk Collector/Dealer 105. 00 New/Used Car Dealer 255. 00 Pawnbroker 380. 00 Peddler/Solicitor 255. 00 Restaurant 0-10 seats 50. 00 each additional seat 1. 50 drive-in/take-out service 50 . 00 Vendors - Produce/Specialties 50. 00 FINANCE/INSURANCE/REAL ESTATE Agents/Agencies Title Agent, Directory Service, Employment, Equipment rental, Mail Order, Manufacturer' s Representative/Agent, Claims/Collections, Credit Reporting, etc. $ 105. 00 Accountant 105. 00 Appraiser 105. 00 ATM Location (off site) 105. 00 Auditor 105. 00 Banks 205. 00 Credit Bureau 105. 00 Finance & Loan Co. 205. 00 Mortgage Broker 105. 00 Mortgage Company 105. 00 X5i4X/ /k10171 ////////////////////////////////////// 9/qQ Real Estate Broker No agents 105. 00 1-5 salespersons 150. 00 6-15 salespersons 200. 00 16 or more salespersons 375. 00 Savings & Loan Associations 205. 00 Stocks & Bonds Dealer 205. 00 Tax Expert 105. 00 Title Company 105. 00 Insurance Co. : Home/Regional Office 230. 00 District Office 155. 00 Resident Agency Office 105. 00 Each insurance co. doing business 50. 00 1 SERVICES (continued) Legal Attorneys $ 105. 00 Bondsman 205. 00 Detective/Investigator/Security Service: Irli 1 to 5 employees 105. 00 6 to 15 employees 130. 00 over 15 employees 155. 00 Lodging Apartments (each bedroom) 3 . 00 Hotels, Motels, Boarding & Rooming houses 1 to 10 rooms 70. 00 over 10 rooms 255. 00 Personal/Business/Consultants Advertising Agency Office 105. 00 Auction Shop 205. 00 Auctioneers 255. 00 Babysitting 30. 00 Barber/Beauty Shop, Facials, Manicures, Pedicures, Body Scrubs Each chair 25. 00 Outdoor Advertising sign 50. 00 Wrecker/Towing Service 105. 00 Business Office 105. 00 Caterer or Catering service each company 105. 00 mobile vendor, each vehicle or stand 50. 00 Bookkeeping, Carpet Cleaners, Copier Service, Dressmaker, Janitorial, Lawn Spraying, Linen & Towel Service, Photographer w/studio, Printer, Tailor, Travel Agency, etc. Owner Operated Only 50. 00 1 to 5 employees 105. 00 6 to 15 employees 130.00 over 15 employees 155. 00 Day Care Centers (not school) 1-25 children 35. 00 26-50 children 65.00 51-75 children 95. 00 over 76 children 130.00 Escort Service 630. 00 Exterminator 70. 00 each truck 20. 00 I Funeral Home 205. 00 Instructors 50. 00 Interior Decorator 70.00 Landscaping 105. 00 Laundromats 1-10 machines 50. 00 over 10, each additional machine 5. 00 Laundry/Dry Cleaners 70. 00 Lawn Service 40. 00 Locksmith 70. 00 Messenger/Delivery Service 70. 00 Piano Tuner 40. 00 Public Stenographer 50. 00 irk 4 C SERVICES L Educational Schools: Beauty/Barber, Commercial, Dancing, Electronic, Kindergarten, Music, Riding, etc. . li1-25 students $ 35. 00 26-50 students 65. 00 51-75 students 95. 00 over 76 students 130. 00 Entertainment Amusement Arcade 105. 00 Swimming Pool 50. 00 Billiards (each location) 105. 00 Bowling Alleys 205. 00 Golf: Miniature course 105. 00 Par 3 course 205. 00 Regulation 9 or 18 holes 205. 00 Rinks 105. 00 Shooting galleries 105. 00 Clairvoyant 1,255. 00 Palmistry 1,255. 00 Spiritualist Medium 1, 255. 00 Dance Hall 0-60 seats 205. 00 over 60 seats 230. 00 Theaters 1-700 seats 205. 00 701-1,000 seats 405. 00 over 1,000 seats 605. 00 drive-in theaters 455. 00 Exhibitions (per day) 50. 00 Vending/Amusement Machines (coin operated) jukebox, pinball, video, pool tables, shuffleboard, etc. (each machine) 20. 00 drink & food products 25c or less(each machine) 10. 00 drink & food products over 25c (each machine) 15. 00 Health Animal Hospital 105.00 Commercial Laboratory 155. 00 Dietician 25. 00 Doctors (all types) 105 . 00 Health Spa 155. 00 Hospitals 1 , 000. 00 Kennel or boarding animals 105. 00 Nursing Homes, Sanitariums 0-10 rooms 70. 00 11 or more rooms 255. 00 Outpatient, Medical or Emergency Clinic 500. 00 Veterinarian 105. 00 3 SERVICES (continued) Personal/Business/Consultants Telephone Answering Service $ 50. 00 Telephone Soliciting for others 630. 00 for business/customers 355 . 00 Tree Trimmer/Surgeon 105. 00 I! Warehouse first 5, 000 sq.ft. 105 . 00 each additional 1 , 000 sq.ft. 5. 00 PROFESSIONALS Accountants, Architects, Artists, Attorneys, Broker, Cartoonist, Consultants, Chemist, Doctors/Physicians, Engineers, Interior Designers, Massage Therapist, Marketing Representative, Taxidermist, etc. 105 . 00 Hypnotist 155. 00 REPAIRS Garage/Auto, Bicycle Shop, Machine & Repair Shop, Shoe Repair, Septic Tank, Television, Radio, etc. : 1 to 5 employees 105. 00 6 to 15 employees 130. 00 over 15 employees 155 . 00 UNCLASSIFIED 105. 00 5 ti �!:h CITY OF ALTAMONTE SPRINGS 225 NEWBURYPORT AVENUE ALTAMONTE SPRINGS, FLORIDA 32701-3697 ccupationat tun PLicer %r Chapter 19 OCCUPATIONAL LICENSES' Sec. 19-1. Levy. There is hereby levied an occupational license tax in the amounts set out in this chapter for the privilege of engaging in or managing any business, profession or occupation within the city on the following: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; and (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of (1) or (2) above and who transacts any business or • engages in any occupation or profession in interstate commerce where such license tax is not prohibited by section 8 of article I of the United States Constitution. (Ord. No. 174-72, § 1, 10-17-72) Sec. 19-2. Required. No person shall engage in or manage any business, occupation or profession for which there is an occupational license tax required by this chapter or any other provisions of this Code unless such person shall first procure a license to conduct the same from the clerk. It shall be no defense of nonpayment of any license tax required by this chapter that the licensee did not receive any bill or notice that the same was due from the city. (Ord. No. 174-72, § 1, 10- 17-72; Ord. No. 1020-89, § 1, 7-11-89) 'Cross reference—Code enforcement board, Ch. 3. Supp. No. 15 1253 § 19-3 ALTAMONTE SPRINGS CODE ISec. 19-3. To be signed by clerk. All licenses shall be signed by the clerk and shall be upon blanks furnished by the council. (Ord. No. 174-72, § 1, 10-17-72) Sec. 19-4. Duty to display. Every person required to procure a license shall exhibit it I whenever called upon to do so by the city clerk or his/her desig- nee, chief of police or any policeman of the city. Licenses of all persons having a place of business shall be conspicuously dis- played on the premises. (Ord. No. 174-72, § 18, 10-17-72; Ord. No. 829-85, § 1, 8-27-85) Sec. 19-5. Application; affidavit required. No license shall be issued except upon written application of the person applying for the same, and it shall be the duty I of the clerk, before issuing a license based wholly or in part upon property valuation, capacity, number of persons employed, or any other contingency, to require the person applying for such license to file an affidavit giving full and complete information. The applications and affidavit shall • be retained as a part of the records of the office of the clerk. I (Ord. No. 174-72, § 2, 10-17-72) Sec. 19-6. Location; transfer. Licenses shall be good only for the particular business and at one particular place of business which shall be named and for the person to whom issued, but licenses may be transferred when there is bona fide sale and transfer of the property used in the business, stock in trade, or the removal of the same from one place in the city to another, I upon application to the clerk, and said transfer shall be written across the face of the original license; but this provision for transfer of licenses shall not be applicable where the transfer is regulated by provisions applicable to the particular business for which transfer is sought. (Ord. No. 174-72, § 7, 10-17-72) Supp. No. 15 1254 OCCUPATIONAL LICENSE 4 19-ia Sec. 19-7. Transfer fee. (a) When there is a bona fide sale of a business and a license is transferred, payment of a transfer fee of up to ten (10) per cent of the annual license tax, but not less than three dollars ($3.00) nor more than fifteen dollars ($15.00), and presentation of evidence of the sale and the original license shall be required. (b) Where a license is transferred from one location to another location in the city payment of a transfer fee of up to ten (10) per cent of the annual license tax, but not less than three dollars ($3.00) nor more than fifteen ($15.00), shall be required. (Ord. No. 174-72, § 3, 10-17-72; Ord. No. 1176-94, § 3, 7-5-94) Sec. 19-8. Limit on; term. Licenses shall be issued to cover only one occupation or busi- ness classification unless otherwise permitted. The amounts assessed as license taxes against the various trades, businesses and professions are hereby fixed per annum unless otherwise specified. (Ord. No. 174-72, § 11, 10-17-72) Sec. 19-9. Duplicate license. Duplicate license tax certificates may be issued by the city clerk. A fee of five dollars ($5.00) will be assessed for each dupli- cate license issued. (Ord. No. 829-85, § 3, 8-27-85) Editor's note—Ord.No.829-85,§§2,3,adopted Aug.27, 1985,repealed former § 19-9 and enacted new provisions designated as § 19-9 to read as herein set out. Prior to repeal, former § 19-9 had pertained to license tax based on number of employers and computation of such tax and was derived from Ord. No. 174-72, § 4, adopted Oct 17, 1972. Sec. 19-10. Term; expiration date. No license shall be issued for longer than one (1) year. All licenses shall expire on the thirtieth day of September and shall be payable on or before the first day of October unless otherwise -- specifically provided by law or as otherwise provided. Half-year licenses may be issued by the clerk for the period April first to September thirtieth, upon payment of one-half of the tax fixed as Supp. No. 21 1255 • 4 19-10 'AL,TAMONTE SPRINGS CODE �- the amount of such license for one (1) year; the license tax for all other businesses shall be one hundred (100) per cent of the yearly tax unless otherwise provided. (Ord. No. 174-72, § 6, 10-17-72) Sec. 19-11. Delinquency; enforcement. (a) Those licenses not renewed by October first shall be consid- ered delinquent and subject to a delinquency penalty of ten (10) per cent for the month of October, plus an additional five (5) per cent penalty for each month of delinquency thereafter until paid; provided, however, that the total delinquency penalty shall not exceed twenty-five (25) per cent of the occupational license fee for the delinquent establishment. (b) Any person engaging in or managing any business occupa- tion or profession without first obtaining a local occupational li- cense, if required in accordance with this chapter, shall be subject to a penalty of twenty-five (25) per cent of the license plus a surcharge of one hundred dollars ($100.00). (c) Failure to secure an occupational license and pay the re- quired license fee, penalty and surcharge shall be deemed to be a violation of this section and may be punished as provided in sec- tion 1-14 of the Altamonte Springs City Code, remedy shall not be exclusive and the city may take such other lawful action as it deems necessary to prevent or remedy any violation of this chapter. (d) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required occupational license tax within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, in- cluding court costs, reasonable attorney's fees, additional admin- istrative costs incurred as a result of collection efforts, and a penalty of up to two hundred fifty dollars ($250.00). (e) All costs of collection and enforcement of the terms of this chapter, to include attorney's fees whether or not litigation is commenced, shall be the responsibility of the person or corpora- tion for which a license is or was required. Supp. No. 21 1256 OCCUPATIONAL LICENSE § 19-14 ' . (f) As an additional means of ensuring compliance with to y provisions of this chapter, the Altamonte Springs Code Enforce- ment Board shall have jurisdiction and authority to hear and decide alleged violations occurringin the corporate limits of the city and to impose administrative fines and liens for violations. • Proceedings before the code enforcement board shall be governed by its rules and procedures, Chapter 3 of the Code of Ordinances and Chapter 162, Florida Statutes. (Ord. No. 174-72, § 15, 10-17-72; Ord. No. 541-80, § 1, 9-16-80; Ord. No. 829-85, § 4, 8-27-85; Ord. No. 1176-94, § 4, 7-5-94) Sec. 19-12. Power of council to revoke or deny. The council shall have the authority to refuse the issuance of any license, and may at its discretion revoke any such license, upon a determination that the business profession or occupation is public nuisance, and may order the refunding of any part or all of the moneys paid for such license when the same is revoked; and any person conducting any such business after such action by the council shall be liable for the specified penalties. 416 (Ord. No. 174-72, § 14, 10-17-72; Ord. No. 541-80, § 2, 9-16-80) Sec. 19-13. Hearing required before denial. The applicant for a license denied by cause by the council shall have the right to be heard before the council and show cause, if any, why such license should be issued or renewed. (Ord. No. 174-72, § 16, 10-17-72) Sec. 19-14. Procedure for revocation. • (a) The council shall have the right, for just cause, to revoke any license issued or renewed and may, in its discretion, order the refunding of any part or all of the moneys paid for the license when it is revoked; and any person conducting any occupation, business or profession after revocation by the council shall be liable to the penalties as specified in section 1-14. (b) If the council desires to revoke any license, it shall cause the holder of the license to be served with written notice of its intention to do so, stating the cause for the proposed revocation and setting a time for a hearing. The notice shall be prepared and Supp. No. 21 1257 19-14 -ALTAMONTE SPRINGS CODE signed by the clerk and served by the chief of police or any police officer upon the holder of the license by delivery to him of a copy not less than five (5) days before the date set for the hearing. (c) The hearing shall be held in the city hall, and the holder of ff the license shall have the right to be heard, either in person or by counsel, and if, after hearing, the council shall determine that said license should be revoked, it shall be revoked and a contin- uance to engage in the occupation, business or profession for which such license has been issued shall constitute the doing of business without a license. (d) The license holder shall have the right to appeal to any court of competent jurisdiction for a review of the order revoking 1 such license. (e) The provisions of this section for the revocation of a license shall not apply to a revocation of a license for the sale, distribu- tion or manufacture of alcoholic beverages. (Ord. No. 1.74-72, § 17, 10-17-72) Sec. 19-15. Duty to inspect, enforce, report violations; right of entry. (a) It shall be the duty of the city clerk and he/she hereby is directed to enforce each and every provision of this chapter, ex- cept as otherwise in this chapter expressly provided, and the chief of police shall render such assistance in the enforcement of this IF chapter as from time to time may be required by the city clerk. The city clerk is authorized to prescribe such reasonable rules and regulations and make such interpretive rulings as may be necessary to effectuate the provisions of this chapter. (b) Right of entry to places of business, occupation or profes- sion. The city clerk and his/her designees shall have the au • - thority, as may be permitted by law, to enter, free of charge, during business hours, any place of business, occupation or pro- fession in connection with which a license tax is imposed under this chapter, and to request exhibition of the license tax certifi- cate and evidence of the amount and date of the last license tax paid. All persons to whom a license tax certificate has been issued _ hereunder shall exhibit the certificate in an area of the business open to the public. (Ord. No. 174-72, § 19, 10-17-72; Ord. No. 829-85, §§ 5, 6, 8-27-85) Supp. No. 21 1258 I I OCCUPATIONAL, LICENSE - § 19-13 1. Sec. 19-16. Record required. The clerk shall keep a copy of all licenses issued, or keep a book alphabetically arranged in which shall be entered every license issued, the names of all persons holding city licenses, the num- bers of the licenses, the occupation, date of issue and expiration of each license, and the sum paid. (Ord. No. 174-72, § 20, 10-17-72) • Secs. 19.17. Reserved. i Sec. 19-18. Exemptions. (a) Persons who have been residents of the state for one (1) year and who are widows with minor dependents, or over sixty-five (65) years of age or confirmed cripples, or deaf and dumb, who employ not more than one employee or helper and who use their own capital only if not in excess of five hundred dollars ($500.00), shall be allowed to engage in any business, occupation or profession without being required to pay a license tax; provided, however, that this exemption shall not apply to fortune-tellers. (b) Any veteran of any war in which the United States armed forces has participated who has been a resident of the state for one year and who was honorably discharged from the services of the United States and who at the time of his application for li- cense shall have a rated service-connected disability shall, upon due proof of his qualifications for exemption, be granted a license to engage in any business, profession or occupation which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the license tax does not ex- ceed the sum of fifty dollars ($50.00), or shall be entitled to an exemption to the extent of fifty dollars ($50.00) on any license to engage in any business, profession or occupation which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the license tax shall be more than fifty dollars ($50.00). (c) Nothing in this section shall be construed to require a li- cense for practicing the religious tenets of any church. (Ord. No. 174-72, § 5, 10-17-72) Supp. No. 21 1259 I I : 19.19 ALTAMONTE SPRINGS CODE ISec. 19-19. Compliance with other provisions of Code. The issuance by the clerk and receipt by the applicant of a license shall in no case be deemed authority to conduct an occu- pation, business or profession in contravention of any other pro- Ivisions of this Code or to establish or maintain any nuisance. (Ord. No. 174-72, § 8, 10-17-72) I Sec. 19-20. Schedule. [The following schedule sets forth fees for occupational licenses:] (1) Abstract title/title insurance company $100.00 (2) Adult entertainment establishment. 600.00 (3) Advertising: a. Persons acting as advertising agents or writing advertisements for profit 100.00 b. Each person advertising on streets with banners, floats, cartoons, exhibitions, megaphones or other means: I 1. When no vehicle is used 50.00 2. When a vehicle is used 100.00 Ic. Card directory 50.00 d. Advertising schemes and devices not pro- vided for otherwise, each device 100.00 e. Any person engaged in the business of outdoor advertising such as painted walls, bulletins, spectacular electric displays, etc. (provided, however, that this license Itax is not intended to include signs adver- tising any business when painted by a li- censed sign painter) 150.00 I f. Agents, firms, associations or corporations distributing circulars, pamphlets or other advertising matter except those paying city license advertising their own goods and merchandise not including billposting 100.00 g. Agents, firms or associations or other per- sons engaged in the business of billposting 100.00 ISupp. No. 21 1260 I OCCUPATIONAL, LICENSE § 19-20 I h. Coupon p n sales and membership sales for discounted merchandise and services not I otherwise provided for 100.03 (4) Agency or administrative office, agency or any I other business not specifically mentioned ex- cept such licenses as may hereafter be autho- I rized by the city 75.00 (5) Alarm systems, fire and burglary (sales and installation) 150.00 1 (6) Ambulance service: a. Office only 75.00 b. Each vehicle including aircraft 20.00 E (7) Amusements: a. Amusement rides, merry-go-round, ferris wheel, slides, etc. 200.00 b. Billiards, pool 150.00 c. Bowling alley 150.00 d. General amusement facility 200.00 e. Golf course, driving range 100.00 f. Golf course, regulation 150.00 g. Golf course, miniature 100.00 h. Hot air balloons 200.00 i. Shooting gallery/range 150.00 j. Skating rink, permanent location 150.00 • k. Skating rink, transient, per week 50.00 1. Theatre, indoor motion picture 225.00 m. Theatre, outdoor motion picture 150.00 • n. Video arcade (each machine requires ad- ditional license) 100.00 (8) Animal services: Ia. Grooming 75.00 b. Hospital (also see Veterinarian) 100.00 1 c. Kennel (also see Veterinarian) 100.00 (9) Appraisers: 1 a. Agency 60.00 b. Appraiser/other than real estate, each 50.00 Supp. No. 21 1261 I i 19-20 - • ALT.AMONTE SPRINGS CODE I (10) Armored car service: a. Office only 0 75.00 I b. Each vehicle 20.00 (11) Artist 50.00 I (12) Astrologer g 100.00 1 (13) Auctioneer: a. Resident, general merchandise 75.00 Ib. Transient, each, per day (no proration) 150.00 (14) Auction house/shop 400.00 (15) Auditor (except those licensed as certified public accountant) 100.00 (16) Automobiles and other vehicles: a. New/used agency or dealer 300.00 I b. Trailer and other vehicular sales 300.00 c. Storage garage 100.00 d. Repair shop (includes towing or wrecker service 100.00 e. Cleaning/buffing/waxing/detailing of ve- hicles 100.00 f. Auto service club 100.00 g. Parking/auto and aircraft storage garages, parking lots 300.00 _ h. Wrecker service: I. Office only 75.00 2. Each vehicle 20.00 i. Painting/designing/body shop 100.00 (17) Authors 20.00 B (18) Bakery 150.00 (19) Bars/lounges 200.00 I (20) Bondsmen, bail, each agency 100.00 Supp. No. 21 1262 OCCUPATIONAL, LICENSE - § 19.20 1 i 211 Boats operating for profit, each 25.00 Ci 22) Booking agency or agent 150 (23) Broadcasters, radio/television 200.00 (24) Brokerage company (also see Brokers) 100.00 (25) Brokers: Ia. Merchandise, each 50.00 b. Stocks/bonds/investments, each 100.00 c. All others, each 50.00 C 1 (26) Car wash 100.00 (27) Casting agency 150.00 1 (28) Caterer or catering service (restaurants require a separate license) 100.00 1 (29) Civic/sports center complex (including sports, entertainment, promotional, theatrical and parking activities) 1,000.00 (30) Clairvoyant 100.00 (31) Club, social 150.00 (32) Coin-operated machines, business or agency Idealing in coin-operated machines (business office requires a separate license): a. Amusement, each game/device 15.00 b. Music, each device 15.00 c. Merchandise, each device (except U.S postage stamps) 15.00 d. Service, each device 15.00 1 (33) Cold storage, renting space or lockers 75.00 (34) Collection agency, other than real estate 100.00 1 (35) Computer services: a. All types of accounting, printing, corn- puting and other services done by com- puter 100.00 . 1 Supp. No. 21 1263 i I i 19-20 ALTAMONTE SPRINGS CODE I b. Computer courses/classes 100.00 c. Consultant/systems analyst 100.00 I d. Sales office only 100.00 e. Sales office and with display area/show- room 150.00 f. Writes software programs 100.00 g. Repairs computers 100.00 1 (36) Consultant, agency, firm or business 100.00 (37) Contractors, persons, firms or corporations I holding themselves out as reg111nr contractors as a business, shall pay license as follows: a. Carpentry 100.00 • b. Electrical 100.00 c. General contractor 100.00 d. Heating and/or air conditioning 100.00 e. House moving 100.00 1 1. Irrigation 100.00 g. Landscape 100.00 h. Painter 100.00 i. Paper/wallboard hanging 100.00 j. Paving/sidewalk/brick/masonry 100.00 k. Plumbing 100.00 1. Roofer 100.00 m. Subcontractors 100.00 1 n. Swimming pool 100.00 o. All others not specified 100.00 (38) Crafts, home occupation only 50.00 • (39) Credit association (information only) • 100.00 II D (40) Dance floor as part of a separately licensed establishment 150.00 C (41) Dance halls, public ballrooms 300.00 (42) Dating service 150.00 (43) Day nursery/day care (requires HRS license): a. In home only 50.00 Supp. No. 21 1264 • OCCUPATIONAL LICENSE § 7 :J b. All others (44) Delive ry,express service: a. Office only 75.00 • b. Each vehicle 20.00 (45) Designer (blueprints/floor plans/clothes, etc.). 75.00 (46) Detective/investigator/patrol and guard ser- vices: a. Agency b. Detectives/investigators (except that a de- 75.00 tective or investigator holding a Class C license issued under Chapter 493, Florida Statutes, shall pay no fee), each. 50.00 c. Patrol and/or security/guard service: 1. Office only 75.00 2. Each additional patrolman/guard 20.00 (47) Development company (of land) 100.00 1 (48) Directory and map sales (includes data th- ering) 100.00 1 (49) Distributor/manufacturer representative (does not stock merchandise but orders for customers 1 only/desk space only) 100.00 (50) Divine healer 100.00 (51) Employment agency/personnel services 75.00 1 (52) Escort service 500.00 (53) Excavation (clearing of land) 100.0Q (54) Exhibition facility, demonstrating, selling or taking orders for any goods, wares or mer- chandise from booths, exhibits or similar de- vices: a. The operation of a facility, such as, but not limited to, convention centers, hotels, Supp. No. 21 1265 19-20 • ALTAMONTE SPRINGS CODE shopping malls, open air markets, or flea markets in which exhibitions/trade shows/ seminars are regularly held 1,000.00 Note: Individual event license taxes as provided in paragraph (b) hereof are not required if the operator of the facility in which the exhibition/trade show/seminar is held has paid the li- cense tax as provided herein; how- ever, the operator of a facility which has a limited number of exhibitions/ trade shows may elect to have each event separately and directly taxed as provided in paragraph (b), in lieu of payment of the facility operator tax provided in paragraph (a). b. Exhibitions/seminars/sales/shows such as, but not limited to coin, stamp, bottle, home, antique, art/open air or flea mar- kets, unless such events are held in a fa- cility licensed in accordance with para- graph (a) hereof (license is responsibility of promotor, association or person in charge): 1. 1-15 exhibitors, per day 150.00 2. 16-50 exhibitors, per day 300.00 3. Over 50 exhibitors, per day 350.00 F (55) Finance: a. Banks and bankers, credit unions, trust companies, bankruptcy, receivership corn- pany, savings and loan association, building and loan association, (except those exempt by federal or state law), each __ location 400.00 b. Small loan companies, money lenders, salary purchasers, each location 300.00 Supp. No. 21 1266 It �. ... OCCUPATIONAI, LICENSE § 19-20 c. Financial services not otherwise licensed hereunder 200.00 d. Automated teller machines, each service terminal (except those attached to struc- ture of, and used in conjunction with, a financial institution) 150.00 (56) Florist 150.00 (57) Fortune-teller 100.00 (58) Funeral: a. Home/facility 300.00 b. Director/embalmer 100.00 (59) Furniture moving company: a. Office only 75.00 b. Each vehicle 0 20.00 S; G (60) Garbage, refuse hauler: a. Office only 250.00 b. Each vehicle 20.00 (61) Gas, liquefied petroleum or other gases used for fuel, dealers in and/or installers of fittings and appliances for the use of: (No licenses shall be issued to an applicant to engage in the busi- nesses set out above in this item until such I applicant shall have provided the city clerk ' with satisfactory evidence that the applicant has complied with the laws of the State of Florida with reference to the bond or public liability requirements for persons licensed by 1 the state to carry on the business of selling liquified petroleum gas or making instilla- tions for the use of same. For the purpose of this item, the definition of liquified petroleum gas is the same as the definition set out in the 1 statutes of the State of Florida) 100.00 (62) Gasoline fueling station/facility 100.00 Supp. No. 21 1267 i• 19-20 - -ALTAMONTE SPRINGS CODE (63) Group home (require HRS license) 150.00 (64) Guaranty or surety company 100.00 . . . . $; H (65) Health spas/gyms (surety bond/financial guar- anty and state license required) 200.00 (66) Hospitallsanitarium 400.00 (67) Health care equipment/supplies-provider 150.00 (68) Health care facility/emergency clinic 300.00 (69) Hypnotist (after compliance with county reg- ulations) 100.00. . . .$; 1 I (70) Instructors (teachers of music, piano, dancing, tutoring, etc. other than schools), each 20.00 (71) Insurance: a. Each insurance company or corporation writing life, fire, accident, health, public liability, indemnity, motor vehicle, indus- trial or other type or form of insurance collecting premiums from within the cor- porate limits of the city 100.00 b. Agency/office 75.00 c. Agent, each 25.00 • d. Insurance adjuster/claim office 100.00 1 (72) Laboratories, analyticalldental/medical, etc100.00 (73) Laundry, self-service facility with coin- operated equipment may require additional • license(s) for coin-operated merchandise ma- chines) 100.00 (7 4) Leasing agency/office 75.00 (75) Linen, towel supply and uniform service P Y unf 100.00 Supp. No. 21 1268 1 t OCCUPATIONAL LICENSE § 19.20 M 76) Machine shop 100.00 77i Mail order company 100.00 1 78) Manufacturing, fabricating,processing, assem- bling and shipping 200.00 1 (79) Marketing company/agency 100.00 (80) Merchant: a. Retail/wholesale 150.00 b. Import/export 100.00 (81) Microfilm company 100.00 (82) Modeling agency 200.00 (83) Mortgage: a. Company/lender 300.00 . b. Brokerage business 100.00 c. Broker, principal, each 50.00 d. Broker, associate, each 25.00 •N (84) News depot, dealer or distribution point for Icurrent periodicals 50.00 (85) Newspaper publishing firm 100.00 1 (86) Notary public 20.00 (87) Nursing home (requires HRS license) 300.00 0 (88) Oil (fuel, illuminating, heating or lubricating, gasoline) dealer/agent 150.00 Ia. Each delivery vehicle 20.00 (89) Open air sales (includes sales by vendors out- E, side a permanent structure as allowed by Chapter 28, Land Development Code): a. Holiday sales (no proration) 100.00 Supp. No. 21 1269 I 19.20 ' .-C.LWYIONTE SPRINGS CODE b. Food sales (no proration) 100.00 c. Other open air sales and temporary amusement or recreational activity, each day (no proration) 100.00 I P (90) Palmist or palm reader 100.00 1 (91) Pawnbroker 200.00 • (92) Peddler, including transient merchant: a. Fruits and vegetables, each vehicle 75.00 b. Lunches, sandwiches, peanuts, etc., each vehicle 75.00 c. Ice cream, each vehicle 75.00 d. All others not specified 75.00 (93) Personal services: Ia. Shop/parlor/facility (barber, beauty, tan, nail, tattoo, etc.) 75.00 Ib. Each chair, station, device, etc. 15.00 c. Massage therapist, each 50.00 1 (94) Pest control/exterminator: a. Office only 75.00 I b. Each vehicle 20.00 (95) Photographer: I a. Photographic studio 75.00 b. Film developer/developing 100.00 c. Freelance, no studio 50.00 (96) Phrenologist 100.00 1 (97) Printing/copying/blueprint/quickcopy 100.00 (98) Production company: Ia. Movie, television, music, etc 200.00 b. Video 100.00 1 (99) Promoters of entertainment, exhibits, shows, boxing, wrestling, television closed circuit, Supp. No. 21 1270 I . 1 - I OCCUPATIONAL LICENSE § 19-20 i I fundraising (includes charity when reim- Ibursed), etc., unless the operator of the fa- cility has paid the exhibition facility license. 200.00 • (100) Professional agency/firm/corporation/partner- ! ship/P.A., office only 75.00 (101) Professional men and women: a. Accountant (C.P.A.) 100.00 b. Acupuncture 100.00 I c. Architect 100.00 d. Attorney 100.00 e. Chiropractor/chiropractic physician 100.00 f. Clinical social worker 100.00 g. Dentist (including orthodontic surgeons) 100.00 1 h. Engineer and planner 100.00 i. Hearing aide specialist 100.00 j. Interior designer 100.00 k. Marriage and family therapist 100.00 • 1. Mental health counselor 100.00 I m. Naturopathic surgeons (N.D ) 100.00 n. Optician or oculist 100.00 o. Optometrist or ophthalmologist 100.00 p. Osteopath 100.00 q. Physician/psychiatrist/surgeon 100.00 r. Psychologist 100.00 s. Surveyor 100.00 t. Therapist, occupational/physical, etc. 100.00 u. Veterinarian 100.00 v. All others not specified in this section 100.00. 1 (102) Property management 100.00 • (103) Psychic • 100.00 (104) Publishing firm (other than newspaper) 75.00 I R (105) Railroad company 200.00 1 (106) Real estate: a. Agency, each 60.00 Supp. No. 21 1271 ;l . 19-20 0 ALTAMONTE SPRINGS CODE 1 b. Broker/principal, each 100.00 c. Salesperson, each 25.00 d. Appraiser, each 50.00 (107) Recyclable waste collection: a. Office only 250.00 b. Each vehicle 20.00 (108) Rental service: a. Automobiles or other motor vehicles 200.00 b. Trailers 100.00 c. Miscellaneous equipment or supplies100.00 (109) Rental units: a. Apartments, condos, adult congregate living facility: 1. 1-10 units 100.00 2. 11-24 units 150.00 3. 25-49 units 200.00 4. 50-99 units 300.00 5. 100-199 units 400.00 6. 200 and over 500.00 b. Boarding or rooming house 30.00 c. Hotel/motel 100.00 d. Each additional hotel/motel rental room 10.00 (110) Restaurants, cafeterias, delicatessens, snack bars: a. No seating 100.00 b. Seating/dining room 150.00 c. Alcoholic beverage served (may. require additional bar/lounge license 50.00 d. Drive-up window 50.00 S (111) Schools, private, giving instruction forn . � 100.00 (112) Service and/or repair: a. Accounting/bookkeeping (not C.P.A.). 75.00 Supp. No. 21 1272 1 I OCCUPATIONAL ATIONAL LICENSE § 19-20 i b. Dry cleaner/laundry/dyer 75.00 c. Gunsmith 75.00 d. Handyman 75.00 e. Installation 75.00 1 f. Janitorial 75.00 g. Jewelry 75.00 h. Lawn maintenance 75.00 i. Locksmith 75.00 j. Mass mailing 75.00 k. Pool maintenance 75.00 1. Secretarial 75.00 m. Shoe/boot 75.00 n. Telephone answering 75.00 o. Television/radio/video, etc. 75.00 Ip. Upholsterers/furniture mender 75.00 q. All others not specified 75.00 C (113) Shows: a. Shows of all kinds giving performances or ; exhibitions under tents or other tempo • - rary structures, or within temporary en- closures, except as otherwise provided, each day 200.00 b. Shows giving performances or exhibitions within a permanent structure 200.00 c. Circuses, per day 300.00 1 (114) Storage/warehouselpublic storage 75.00 (115) Studio, recording/filming/processing/testing I (sound and/or film) 200.00 T C (1161 Tailor/seamstress (including alterations) 20.00 (117) Talent agency (state license required) 200.00 (118) Tax preparation service 75.00 1 (119) Telegraph company, doing business within the state, exclusive of business to and from points outside of the state, and exclusive of business Supp. No. 21 1273 I 1"•'-'O AL.TAMONTE SPRINGS CODE I 1 done for the U.S. Government having a place of business within the city 100.00 I (120) Telephone solicitation/telemarketing 250.00 1 (121) Telephone company: a. Business office 75.00 b. Sales office 150.00 c. Service, repair, installation 75.00 (122) Television cable company 250.00 (123) Transfer, freight transportation/baggage han- Idler (not licensed as common carriers under general state law) 100.00 (124) Travel agency/seller of travel 75.00 (125) Tree surgeon/tree trimmers 100.00 (126) Typesetter yp 75.00 I U (12 7) Unclassified: IPersons or firms doing business in city from an office or store building, not otherwise spe- 1 cifically identified, and not falling into proper classification as merchants 150.00 V (128) Vehicle for hire, taxicab/bus/limousine, etc. (ad- I ditional requirements per Chapter 27, Code of Ordinances): 1 a. Office only • 75.00 b. First 5 vehicles 300.00 c. Each vehicle over 5 20.00 (129) Video equipment and accessories: - a. Rental 100.00 b. Sales 150.00 • Supp. No. 21 1274 OCCUPATIONAL LICENSE § 19-23 (130) Well drillers: a. Office only 75.00 b. Each rig 20.00 (131) Wedding chapel (other than church affiliated facility) 200.00 (132) Weight control center (food item sales requires additional license) 150.00 (Ord. No. 174-72, § 9, 10-17-72; Ord. No. 541-80, § 3, 9-16-80; Ord. No. 829-85, § 7, 8-27-85; Ord. No. 1020-89, § 2, 7-11-89; Ord. No. 1176-94, § 5 (Exh. A), 7-5-94) Sec. 19-21. Zoning to apply. No occupational licenses shall be issued to any applicant giving an address that does not comply with the appropriate zoning laws of the city. (Ord. No. 174-72, § 10, 10-17-72) Sec. 19-22. Merchant's tax where not specifically imposed. 1 Any person engaged in selling goods, wares and merchandise which is specifically classified shall pay the specifically classified occupational tax, but any business not specifically licensed, and engaged in such business, shall pay the merchant's occupational license tax. (Ord. No. 174-72, § 12, 10-17-72) Sec. 19-23. Rebate. No portion of any occupational license tax shall be rebated, unless it clearly appears that such license tax was collected by mistake or error; and before making rebate to a licensee, all amounts payable under a proper license shall be paid by such licensee. (Ord. No. 174-72, § 13, 10-17-72) Supp. No. 21 1275 § 19.24 ALTAMONTE SPRINGS CODE • Sec. 19-24. Procedure for enforcement of payment. (a) The payment of any license tax may be enforced by the seizure and sale of the property employed in the occupation, busi- ness or profession upon which such license taxes are imposed. This procedure shall be in addition to all other means available to the city to enforce and collect payment of the tax. (b) The clerk may issue a warrant in the name of the city for the collection of the license tax and such warrant may be exe- cuted by the chief of police or any police officer of the city, who shall seize the property employed in such occupation, business or profession, or so much thereof as may be necessary to pay said license tax and shall offer the same for sale to the highest and best bidder for cash between the hours of 11:00 a.m. and 2:00 p.m., according to the official time prescribed for the state, at the front door of the city hall, after publication of notice once a week for two (2) consecutive weeks in a newspaper of general circula- tion published in the county, or after publishing notice by posting in three (3) public places in the city, one (1) of which shall be the city hall, for ten (10) days, of the time and place of sale. (c) Out of the proceeds of such sale, the amount of such license tax and cost connected with such sale shall be paid to the city and the balance shall be paid to the owner of the property. (Ord. No. 174-72, § 22, 10-17-92; Ord. No. 1176-94, § 6, 7-6-94) [The next page is 13291 Supp. No. 21 1276