2243
ORDINANCE NO. 2243
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 13, LICENSES AND
REGULATIONS, OF THE CODE OF ORDINANCES OF
THE CITY OF CLEAR WATER, FLORIDA, 1962, TO
PROVIDE THAT ALL LICENSES MUST BE OBTAINED
PRIOR TO COMMENCING BUSINESS; TO PROVIDE
A REVISED DEFINITION OF THE TERM "SECONDHAND
DEALER" TO INCLUDE TRADING OR RECEIVING GOODS
ON CONSIGNMENT; TO ESTABLISH A TIME WHEN A
SECONDHAND DEALERS LICENSE IS TO BE ISSUED;
PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO
THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE FFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Subparagraph (e) of Section. 13-1, License required; contents;
general regulations; penalty, of Article I, General and Miscellaneous Provisions,
of Chapter 13, Licenses and Regulations, of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended to read as follows:
(e) Sa;d-Such license and any other license required by
this Chapter shall be obtained prior to the commencement
of said business or the practice of said profession and
if not, shall be subject to a penalty of twenty-five (25)
per cent of the license determined to be due, in addition
to mandatory legal action.
Section 2. Subparagraph (4), Secondhand dealer, of Section 13-21,
Definitions, of Article II, Auction Houses, Junk Dealers, Pawnbrokers and
Secondhand Dealers, of Chapter 13, Licenses and Regulations, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
to read as follows:
(4) Secondhand dealer: Any person engaged in the business
of purchasing and/or selling, trading or receiving on
consignment goods of any kind or description having^
once been used or transferred from the manufacturer
to the dealer and then received into the posession of
third parties whether same consists of clothes, carpets,
clothing, rags, iron or other metals, furniture or articles
of household utensils , or articles of personal use, or male
or female wearing apparel, or of jewelry of any kind or
description or of old gold and silver.
SEE ORDINANCE
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Section 3. Section 13-25, License--Application; approval; appeal
procedure; duration, of Article II, Auction Houses, 3unk Dealers, Pawnbrokers
and Secondhand Dealers, of Chapter 13, Licenses and Regulations, of the
Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to read as follows:
Section 13-23. License Application; approval; appeal
procedure; duration.
Any person desiring to obtain a license under the provisions
of Section 13-22 shall file an application with the license
inspector, who shall submit the same to the City Manager
for investigation and approval or rejection. The application
shall contain the name or names and addresses of all persons
having a direct or indirect interest in the business for which
the license is sought or, if a partnership, the narne or names
and addressee of all persons having either a direct or indirect
interest in the partnership either as partners or otherwise, or
if a corporation, the name or names and addresses of its
directors or trustees, its officers and any person having a
direct or indirect interest in the corporation other than as
director or officer, and the location of the proposed business.
Not less than five 5 days following the filing of a completed.
as -location, - a license application shall be approved by the
City Manager if the City Manager determines from an investigation
of the application:
(1) That no person having a direct or indirect interest in the
business to be licensed under this article has been convicted
of a felony anywhere in the United States in the last five (5)
years and within the past five (5) years has not been restored
to fail civil rightt?. .gill arrests and conviction,; for other thou
minor traffic offenses and minor misdemeanors shall be eet
forth in the application; and
(2) That the business for which the license is sought conforms to
all City of Clearwater codes, including but not limited to,
building, zoning, fire and State of Florida and Federal laws
applicable thereto; and
(3) That the applicant is knowledgeable with respect to the
business which is sought to be licensed; and
(4) That the applicant has not had a license issued by the City
of Clearwater revoked, suspended or denied within the last
two (2) years.
Any applicant aggrieved by an order of the City Manager denying
the requested license may appeal such order to the City Commission
by filing notice of such appeal with the City Clerk within five (5) days
of receiving the City Manager's order. A person filing such an appeal
shall have the right to appear in person or with counsel before the
City Commission, may offer and examine witnesses and proffer
evidence into the record.
Any license issued pursuant to this section shall be issued effective
as of the first day of October and shall expire at midnight on the
thirtieth day of September next, if not renewed as provided hei ein.
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Section 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed...
Section 5. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 6. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes,
Section 7. Ehis ordinance shall become effective immediately upon
its,pas sage.
PASSED ON FIRST READING November 6, 1984
PASSED ON SECOND AND FINAL
READING AND ADOPTED November 20, 1980
ayor-Commissioner
'A ttest:
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City Clerk
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