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VI (B3) Second Reading of Ordinance No. 2002-08 Amending Chapter 119 Relating to Occupational Licenses Agenda 3-19-2002 Item VI B 3 CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MA1UK•LOMMISSIONRR OS Ocoee S.SCOIT VANDERGRIFT �• o CITY OF OCOEE a'MMISSIONLR9 5S ISO N. LAKLtiHO1n3 DRIVE DANNY HOWELI.SCOTI'ANDERSON °COL , FLORIDA 34761-2258 r. RUSTY JOHNSON � `Jv'T (407)905-3100 NANCV J. PARKER of 0000� Gn MnnnaeR JIM GLEASON STAFF REPORT DATE: February 25, 2001 TO: The Honorable Mayor and City Commissioners FROM: Shelly Simon, Code Enforcement Supervisor SUBJECT: Amendment to Occupational License Ordinance, Chapter 119 ISSUE: Should The Honorable Mayor and City Commissioners adopt an amendment to the City of Ocoee Ordinance, Chapter 119, of the Code of the City of Ocoee for sections; 119-3 Definitions, 119-5 Classifications, 119-10 Renewal, 119-17 Report of information from taxpayer, 119-28 Home Occupational license. BACKGROUND: Staff has received numerous complaints about our process for issuing home occupational licenses. The city requires an applicant to obtain signatures from their surrounding neighbors, a survey, as part of the application process. I have talked to other licensing authorities and have not found another agency that includes this step as part of their process. In the past, it has been explained the reason for the survey to be completed was to serve as a notification to neighbors about the business. That way they are made aware of the business and know to report any activity that may be a violation of ordinances or regulations. If the applicant meets all zoning restrictions and other licensing issues,the license will be issued based on the facts, regardless of the neighborhood survey. (119-28) In an effort to update this Chapter, some language has been added and deleted that is no longer applicable to processing occupational licenses. The city took action several years ago not to uphold the solicitors ordinance that was in place at the time. To be consistent, changes to Chapter 119 include deleting solicitors as definition from that section, and as a profession in the licensing categories. (Section 119-3) We do not issue weekly license, therefore this section was deleted. (119-10) Occupational licensing fees range in cost contingent on the category and other factors to the business. For example, fees for retailers are based on their merchandise, restaurants are base on the numbering of seating, and so on. This information is collected at the time of application, d the yearly licensing fee is based on this information. The purpose of the reporting process is to allow the city to stay current with the information on each business that would effect their POWP \cr 'CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOFF VANDERGRII r °� a CITY OF OCOEE COMMISSIOMRS C4� 0 _ DANNY HOWELL Q 150 N. LAKESHORE DM) SCOFF ANDERSON OCOEF., FLORIDA 34761-2258 RUSTY JOHNSON r"i� *' aiu (407)905-3100 NANCY J. PARKER e* Of 000a♦K CIT\MANAGER JIM GLE:ASON Page 2 cont. Staff Report licensing fees. Surveys are sent out and businesses are required to report their current status to the city via this survey. The information is collected and where applicable,the city adjusts licensing fees to reflect changes, prior to sending out renewals. Many times information is not sent back as required, and lot of staff time is spent tracking down this information to complete all of the process before the renewals can be printed. We also keep on file current regulatory licenses they are required by that state and other regulatory agencies for certain types of businesses and professions. We are proposing to change the frequency of the reporting process to every other year, instead of annually. The information that may change within one year,measured against the amount of staff time it takes to complete this process to find those few changes, has not proven beneficial to the city. Many regulatory licenses are valid for two or more years, so this information doesn't change much from year to year. (Section 119-17) The Florida League of Cities currently collects fees from out of state insurance companies that are operating within jurisdictions across the state. They have requested we make a change in our language to reflect `Insurance Company" instead of"Insurance Office". This language will aid them in their collections of fees from out of state insurance companies that work within our jurisdiction. (119-5) DISCUSSION: It has been my experience that if a residential business is violating codes or zoning restrictions, the neighborhood will contact our office, regardless of this survey. The survey is not the reason they will call and question something occurring within their neighborhood. Many applicants over the years have complained and resisted be required to follow through with this process, not seeing any need or benefit. It has proven to be cumbersome for the citizen, and keeps staff from being able to efficiently process the license over the counter, providing better customer service. Changes behind the language reflect updating the ordinance to be consistent with city changes and industry changes. There are not that many changes or growth to report within one year to warrant the kind staff time it takes to complete this process. Every other year would allow a more reasonable time frame for businesses, existing and new, to experience growth and changes within their company, and enough reported changes in fees to the city to warrant the stall time to process the surveys and fees. '('ENTER OE GOOD LIVING-PRIDE OF WEST ORANGE' MNYOu.COMMISSIONER /Ocoee S.SCOFF VANDERGRII I ° CITY OF OCOEE COMMISSIONERS 150 N. LAKLSIIORR DRIVE DANNY IIOWELL O SCOT-r ANDERSON � (k'OIiFL FI ORIDA 3 476 1-22 58 RIlS'IY JOHNSON '`4L, Jx (407)905-3100 NANCY J.PARKER lP Of ROO CITYMANAGER JIM GLEASON Page 3 cont. Staff Report STAFF RECOMMENDATION: Based on the direction of the City Commission, staff respectfully recommends approval of the amendment to Ordinance 95-20, Chapter 119,to allow the survey to be taken out of the home occupational license process, the reporting period to be every other year,and language to update ordinance, and authorize the Mayor and City Clerk to execute same. Po ORDINANCE NO. 2002-08 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 119 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO OCCUPATIONAL LICENSES; ELIMINATING SUBCONTRACTORS AND CONSULTANTS FROM THE DEFINITION OF EMPLOYEES; REVISING TIIE CATEGORY OF INSURANCE OFFICE/INSURANCE COMPANY; ELIMINATING SOLICITOR AS A PROFESSION SUBJECT TO THE LICENSURE REQUIREMENT; REVISING THE REPORTING REQUIREMENT TO EVERY OTHER YEAR RATHER THAN EVERY YEAR; REVISING PROVISIONS RELATED TO HOME OCCUPATIONAL LICENSE REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 119-3 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 119-3. Definitions. For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section unless the context requires otherwise: BUILDING OFFICIAL -- The Building Official of the City of Ocoee or his designee. CHARITABLE INSTITUTIONS -- Nonprofit corporations operating physical facilities in Florida at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. 006 228988.1 EDUCATIONAL INSTITUTIONS -- State tax-supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as "educational institutions" and eligible for exemptions. EMPLOYEE -- All hill-time or part-time personnel, including nonprofessionals, principals and partners, and contract workers, subcontractors and consultant who worked for the business, occupation or profession during the prior twelve- month period beginning on May 1 of the previous calendar year and ending on April 30 of the current calendar year. Issuance of a paycheck shall be conclusive evidence that an individual is an employee. INVENTORY -- Only those chattels consisting of items commonly referred to as "goods, "wares" and "merchandise" which are held for sale or lease to customers in the ordinary course of business, including supplies and raw materials to the extent that they are acquired for sale or lease to customers in the ordinary course of business or will physically become a part of merchandise intended for sale or lease to customers in the ordinary course of business. All livestock shall be considered "inventory." Items of inventory held for lease to customers in the ordinary course of business, rather than for sale, shall be deemed "inventory" only prior to the initial lease of such items. LICENSE TAX CERTIFICATE and LICENSE CERTIFICATE -- The certificate or document to be issued by the Building Official evidencing payment of the license tax initially imposed and required for the issuance thereof. LICENSE YEAR or YEAR -- The twelve-month period beginning on October I of each year and ending on September 30 of the following year. MERCHANDISE -- Any goods, wares, commodities or items more specifically enumerated hereinbelow bought, sold or rented in the usual course of business or trade. MERCHANT -- Any person engaged in the business of selling merchandise at retail or wholesale. For the purpose of this chapter, the term "merchant" shall not include the operators of bulk plants or service stations engaging principally in the sale of gasoline and other petroleum products; those conducting distress sales; installation contractors; operators of manufacturing or processing plants selling only the products manufactured or processed therein; milk and dairy product distributors; sellers of motor vehicles; peddlers of fuel oil, gasoline, LP 006 228988A -2- gas or produce; and operators of restaurants, cafes, cafeterias, caterers or hotels. NUMBER OF EMPLOYEES -- Determined by adding the total number of paychecks issued for all full-time and part-time personnel, inclusive of nonprofessionals, principals and partners, and contract workerstbeent-raetens and consultant' who worked for the business, occupation or profession during the prior twelve-month period beginning May t of the previous calendar year and ending on April 30 of current calendar year. A new business shall he taxed based on the number of employees as of opening day who are entitled to receive paychecks. OPEN-AIR VENDOR -- Any person who has goods, wares or merchandise for sale in a commercial zone in a location which is not completely enclosed. PEDDLER -- Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal properly of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter. [Amended 10-15-1996 by Ord. No. 96-21] PERSON -- Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and includes the plural as well as the singular. REGISTERED VEHICLE -- Any motor vehicle as defined in Chapter 320, Florida Statutes, used in connection with or in furtherance of any business, profession or occupation. RELIGIOUS INSTITUTION -- Churches and ecclesiastical or denominational organizations or established physical places for worship at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries. RETAIL MERCHANT -- Any merchant who sells to the consumer for any purpose other than resale, provided that sales to manufacturers and sales to the United States government or the State of Florida or any of their political subdivisions shall be considered wholesale sales. SALE -- The transfer of ownership or title or possession, transfer, exchange or barter, whether conditional or otherwise, for consideration. 006.2289881 -3 SOLICITOR Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, wares, merchandise or other personal property of any nature for future delivery, or for ervices to be performed in the future. 'Amended 10 15 1996 by Ord. No. 96 21] WHOLESALE MERCHANT -- Any merchant who sells to another for the purpose of resale. SECTION 3. Section 119-5 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 119-5. Classifications subject to tax; amount of tax. Unless specifically exempted from taxation for occupational licenses by the provisions of the Florida Statutes, the following classifications are subject to an occupational license tax as set forth below: Occupation Tax Advertising $147.00 Agents 105.00 Ambulance service 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Amusements Coin-operated machines 75.00 Arcades 75.00 Plus, each machine (up to $600) 15.00 Auction house/shop 600.00 -4- 0052289881 Auctioneers 200.00 Daily 75.00 Automated tellers 125.00 Automobile detailing/car wash 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Barbershops or beauty salons 1 chair 75.00 Each additional chair 25.00 Tanning beds, per bed 50.00 Nails, per chair Electrolysis, per chair 100.00 Bakeries (wholesale or retail) 105.00 Plus, each service vehicle 15.00 Bar/lounges, independent 0-15 seats 100.00 15 to 25 seats 125.00 26 to 50 seats 150.00 Over 50 seats 175.00 Bonding agents 157.50 Bottling companies 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Brokers: securities 210.00 Brokers for materials, jobbers or 200.00 manufacturer's representatives Caterers 1 employee (or owner) 75.00 2 to 5 employees 125.00 006 228088.1 -5- 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Check cashing facility 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Clairvoyants and psychics 105.00 Cleaning services 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Coin-operated devices Per machine 15.00 Collection agencies 105.00 Contractors and subcontractors (no license shall be issued until a state certification or competency card is procured) 1 employee (or owner) 75.00 2 to 5 Employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Commercial institutions (including banks, 500.00 trust companies, savings and loan associations and other commercial or lending institutions, but excluding mortgage companies) Credit agencies 105.00 006 228988.1 -6 Eating establishments (restaurants, cafes, snack bars, etc., including those operated in conjunction with another line of business; no license shall be issued until a license is procured from the Division of Hotels and Restaurants of the Florida Department of Business Regulation or Department of Agriculture and Consumer Services) 0 to 15 seats 100.00 16 to 25 seats 125.00 26 to 50 seats 150.00 Over 50 seats 175.00 Plus, each drive-through window 150.00 Plus, bar/lounge 75.00 Drive-in restaurants 400.00 Delivery per driver 10.00 Employment agencies 210.00 Estate sales 200.00 Daily 75.00 Exhibition facility (mall, etc.) 500.00 Flea market 75.00 Plus, each booth 25.00 Fruit and vegetable sales, retail and 105.00 wholesale not grown by retailer Fuel dealers and distributors (including natural gas, bottled gas and oil) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Funeral homes/directors 210.00 Garden and landscaping services (including nurseries, tree service, landscaping and lawn maintenance) 006.228966.1 -7- 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Gasoline filling stations 75.00 Plus, per pumping station [Amended 15.00 10-2-1996 by Ord. No. 96-17] Garbage collection and waste removal 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Golf Course 300.00 Driving Range 300.00 Harvesting of agricultural products 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Health spas/health studio/athletic clubs 200.00 (no license shall be issued until a current license, registration or letter of exemption is procured from the Department of Agriculture and Consumer Services) Insurance agent 60.00 Insurance office/Insurance company 75.00 Interior design 1 employee (or owner) 75.00 2-5 Employees 125.00 006.228988.1 -8 6-15 Employees 175.00 16-50 Employees 225.00 Over 50 Employees 275.00 Itinerant merchants 210.00 Kennels (keeping 4 or more dogs) 210.00 Laundries and dry cleaners 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per coin-operated machine 2.00 Plus, per registered vehicle 15.00 Locksmiths/keysmiths 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Lodging establishments (no license issued until a license is procured from the Division of Hotels and Restaurants of the Florida Department of Business Regulation) Fewer than 5 rooms or rental spaces 75.00 5 to 25 rooms or rental spaces 100.00 Over 25 rooms or rental spaces 350.00 Manufacturers 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Massage therapist 100.00 Merchants First $2,000 of inventory 75.00 006 228988.1 -9 Each $1,000 of inventory or fraction 2.00 thereof above $2,000 Mail order sales 75.00 Mortgage company 1 broker (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Additional brokers/agents 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Moving and hauling I employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Nails Salon 75.00 Plus, each additional chair 25.00 Newspaper publication 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Nursing home/adult congregate living facility (no license issued until a license is procured from the Florida Department of Health and Rehabilitative Services) 10 rooms or fewer 100.00 Per each room over 10 10.00 Packing, processing and canning agricultural products, meats and fowl employee (or owner) 75.00 006.228988.1 -10- 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Parking facility 75.00 Plus, per space 1.00 Pawnbroker 200.00 Peddler 105.00 Pest control services (no license issued until a license is procured from the Florida Department of Agriculture and Consumer Services) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Photographer studio 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Printer 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Professionals (including architects, attorneys, accountants, health professionals, engineers, pharmacists and scientists) (no license issued until a license is procured from the Florida Department of Professional Regulations, if required, or other state agency 006.228988.1 -I I regulating such professional) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Pumping and dredging 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Railroad companies 472.50 Real estate rental, including living units, 75.00 office space and storage space Plus each rental unit 7.00 Real estate sales 1 broker (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Sales representative/agents 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Rental agencies (goods and equipment) 157.50 Rental automobiles 225.00 Repair shop (not otherwise subject to tax) 105.00 Schools, including nurseries, child-care 105.00 facilities, colleges and other educational or training institutions (no license issued until a current license is procured from the appropriate regulating state agency) Florida Departm of Ed o.) -12- 006 228988.1 Service and repair shops 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Shows of all kinds, including circuses, 210.00 vaudeville, minstrels, theatrical, traveling shows, exhibitions or amusement/fireworks enterprises, carnivals, rodeos, theatrical 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 (no license issued for traveling shows until approved by the City Commission and proof of insurance with minimum coverage of$100,000 is procured) Sign companies 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Solicitors 105.00 Studios (recording, filming, processing, testing, sound or film) I employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Tailor 105.00 -13- 006.228988.1 Tanning Salon 75.00 Plus, each additional bed 25.00 Telegraph companies 393.75 Telephone solicitation/telemarketing 210.00 (no license shall be issued until a current license or registration is procured from the Department of Agriculture and Consumer Services or a current affidavit of exemption is provided) Telephone answering service I employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Theaters 1 to 50 seats 75.00 Per seat over 50 0.50 Drive-in 75.00 Plus, per speaker/space 1.00 Ticket sales 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Travel agent (no license shall be issued until a current registration or letter or exemption is procured from the Department of Agriculture and Consumer Services) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Independent agent 006.228988.1 -14 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Utilities Cable television companies 360.00 Electric power companies 625.00 Telephone companies 375.00 Water/sewage treatment facility 300.00 Unclassified (all businesses, occupations or professions not otherwise classified herein) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Vehicle sales and service (including 236.25 automobiles, boats, mobile homes and motorcycles) Vending machines Per machine 15.00 Warehouse storage 0 to 2,000 square feet 75.00 Each additional 1,000 square feet 7.00 Well driller 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 006.228988.1 -15 SECTION 4. Section 119-10 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 119-10. Renewal; when due and delinquent; delinquency penalty rates; recovery of costs of collection. A. Licenses to be renewed hereunder shall go on sale beginning August 1 of each year and shall be due and payable on September 30 of each year and shall expire on September 30 of the succeeding year. Any license not renewed on or before September 30 shall be considered delinquent and subject to a delinquency penalty of ten percent (10%) between October 1 and October 31, plus an additional five percent (5%) for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty-five percent (25%) of the occupational license tax. B. Unle s otherwise expressly provided herein, all weekly license taxes shall be deemed delinquent if not paid on or before the close of business of the second day after the date upon whim, the be e a eore 12:00 n o . a a 1� bf f , y BC. Any person owing delinquent occupational license taxes shall be required to pay such delinquent license taxes before being issued a new license tax certificate. CD. In any instance where an initial license is to be issued to a new business during the license year, the Building Official shall forward an invoice to the licensee for payment, unless payment has been received at the time of application. A date for payment without penalty shall be established on the invoice. Should payment not be received within the time specified, the delinquent penalty rates described above shall be enforced. DR 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 is sent and who does not obtain the required occupational license is also subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty equal to two hundred fifty dollars ($250.), such penalty being in addition to the delinquency penalty set forth in Subsection A above. ER Any person who engages in or manages any business, occupation or profession without first obtaining an occupational license, if required, is subject to a penalty equal to twenty-five percent (25 %) of the license tax due, in addition to any other penalties provided in this chapter, by other ordinance or by law. 006.2289881 -16- SECTION 5. Section 119-17 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 119-17. Report of information by taxpayer; authorization for investigation. A. Each person required to pay a license tax hereunder shall report all the information necessary for a proper determination of the amount of the license tax due. No occupational license shall be issued unless the federal employer identification number or social security number, evidence of fictitious name registration, if applicable, pursuant to Section 205.023, Florida Statutes, and exhibition of state license or registration, if applicable, pursuant to Section 205.194, Florida Statutes, is provided to the city for the person to be licensed. B. Every person engaged in business as a merchant, as defined herein, shall submit a sworn statement on or before the first day of July of each odd numbered year (ie, July 2001, July 2003, etc.) setting forth the value of such merchant's inventory as of May 1 of such year. C. Every person engaged in a business, occupation or profession, the license fee for which is based upon the number of units of a specified item, shall submit a sworn statement on or before the first day of July of each odd-numbered ear setting forth the number of such units as of May I of such year. D. Every person engaged in a business, occupation or profession, the license fee for which is based upon the number of employees employed therein, shall submit a sworn statement on or before the first day of July of each odd-numbered year setting forth the number of employees. E. Every person engaged in a business, occupation or profession, the license fee for which is based, in part, upon the number of vending machines, coin-operated machines or amusement coin-operated machines therein, shall submit a sworn statement on or before the first day of July of each odd numbered year setting forth the highest number of such machines located on the business premises on any single day during the previous licensing year or, in the case of a new business, shall set forth the estimated highest number of such machines for the current licensing year. F. The City Manager or the City Manager's designee may furnish forms for the filing of such return as are required herein and may require the giving of any information necessary to determine the proper amount of license tax due. In the event that the information to be provided on the form or otherwise requested by the city is not furnished in the time period provided in such form or other request, then the highest license tax applicable to the appropriate classification shall be due for issuance of the occupational license for_theyear in which the form is due and for_the subsequent year. However in the event a_person does_not furnish the form to the City in the time period provided and the then highest_license tax is applied for the remainder of the year. that person may submit such form on the next year to 006.228988.1 -17- provide the information necessary to determine the proper amount of license tax due for such even-numbered year notwithstanding that the form is only required to be submitted on odd- numbered years and in such event the license tax shall be based on such reported information rather than the highest license tax applicable. G. The City Manager or the City Manager's designees may make such investigation and inspection of the place of business and records of the licensee as may be necessary to verify any return or determine the proper amount of license tax due. The City Manager or the City Manager's designees may also demand documented proof of the inventory, units, vending machines, coin-operated machines, amusement coin-operated machines and/or employees upon which to base the license tax, which documentation shall be provided by the accountant who normally audits the licensee's business or by the owner or an employee if there is no accountant. H. Prior to October I, 2001 . the City required that the information referenced in subsections B, C, D, and Eof Section 119-17 above be filed annually by the first day of July of each year. It is the intent of this section to provide for a transition to filing on odd- numbered years only, with the next filing being due July 1, 2003. _In connection with this transition, the information required to be_filed by July I, 2001 shall be used to determine the occupational license fee due by September 30, 2001 and by September 30, 2002. SECTION 6. Section 119-28 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 119-28. Home occupational licenses. Citizens with a home occupation are required to obtain a license in accordance with this section. A. Zoning districts permitted uses. Home occupations are only permitted in the zoning districts as provided in Chapter 180 of this Code. B. Home occupation rules and regulations. (1) No person other than member of the family residing on the premises shall be engaged in such home occupation. (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall under no circumstances change the residential character thereof. 006 228988.1 -18- (3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation. (4) No home occupation shall be conducted in any accessory building. (5) No home occupation shall occupy more than twenty percent (20%) of the first Floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence nor any attached porch or garage which has been converted into living quarters shall be considered as floor area until two (2) years after the date of completion thereof, as shown by the records in the City Building Department. (6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and as permitted in Chapter 180 of this Code, and any need for parking generated by the conduct of such home occupation shall be met as provided in Chapter 180 of the Code. (7) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises. (8) The giving of individual instruction to one (1) person, such as instruction given by an art or piano teacher, shall be deemed a home occupation. (9) Fabrication of articles such as are commonly classified under the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. (10) Signs shall be prohibited. (11) Persons engaged in home occupations for the purpose of receiving business mail relating to the home occupation arc required to have a post office box to receive business mail. (12) No advertising shall be permitted using a residential address. (13) A home occupation shall be subject to all applicable city occupational licenses and other business taxes. -19- 006.228988.1 (11) If the city receives evidence that the home occupation „ in io,mI ant affecting the property, the city may refuse to issue the home occupational license or, if issued, revolce such license as provided in g 119 21. C. Home occupational license requirements. In addition to any other submittals required for an occupational license, the applicant shall also complete an application form to include: submit-the-following _-- (1) The total floor area of the dwelling unit. (2) The area of the room or rooms to be utilized in the conduct of the home occupation. (3) A notarized letter of affidavit setting forth the exact nature of the home occupation and confirming residency in the dwelling unit. (4) If the applicant does not own the residence, a notarized letter of approval for the home occupation from the property owner and/or property manager. (5) Proof of fcation-by-registerereturn-eceipt mail, to all abutting property signed petition by all property owners within one hundred fifty (150) feet. SECTION 7. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION S. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 006 228988 1 -20- court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2002. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 7, 2002 READ FIRST TIME March 5, 2002 READ SECOND TIME AND ADOPTED , 2002 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2002. FOLEY & LARUNER By: City Attorney -21- 006 228088.1