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ORDINANCE NO. 3654-84
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 76, PEDDLERS, SOLICITORS AND
4 CANVASSERS OF TITLE VII,
? AND BUSINESS
f' REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, TO PROVIDE FOR INVESTIGATION BEFORE
ISSUANCE OF TEMPORARY PERMITS FOR CERTAIN PUBLIC
SOLICITATION ON CLEARWATER BEACH; CLARIFYING CERTAIN
PROVISIONS RE
` QUIRED ON THE APPLICATION FOR PERMIT;
PROVIDING THAT CHIEF OF POLICE SHALL ISSUE SOLICITOR'S
t PERMIT AND SETTING FORTH THE REASONS FOR NOT ISSUING}
SUCH PERMIT; PROVIDING APPEAL TO THE CITY MANAGER
UPON DENIAL OF SAME; PROVIDING FOR AN APPLICATION FEE;
PROVIDING FOR DATE OF EXPIRATION; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR,
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT;
` PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
^ ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That subparagraphs (b) and (e) of Section 76.02, Certain public
solicitation prohibited, of Article I, Generally, of Chapter 76, Peddlers, Solicitors and
Canvassers, of Title VII, Businesses and Business Regulations, of the Code of
Ordinances, City of Clearwater, be and the same are hereby amended to read as
follows:
Sec. 76.02. Certain public solicitation prohibited.
(b) No person shall sell, offer or expose for sale, or solicit any
person to purchase, exchange or accept any article whatsoever,
except newspapers distributed by the employees or servants of the
newspaper publishing company, on any public way or other gubHe
place where the general public has the right to travel within the
escr:oeQ azstriet or such
by the city commission:
''That area of Clearwater Beach Island and Sand Key bounded
on the north by Acacia Street, on the west by the Gulf of
Mexico, on the east by Mandalay northward of Memorial
Causeway and on the east by Clearwater Harbor southward of
Memorial Causeway, and on the south by the southernmost
property line of the Sheraton Sand Key Hotel as it extends
across Gulf Boulevard to the waters of Clearwater Bay and to
the waters of the Gulf of Mexico.
Provided that the city manager shall be authorized to issue
temporary permits authorizing the sale and rental on the public beach
area of items related to beach recreation, when after reasonable
investi ation the city manager determines the activit endeavor or
business is not otherwise subject to licensing under Chanter 71 o the
c
or a
or rentai
ore issuing
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7-10-84
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F3 ?,t
(e)(1) The provisions of this section shall not apply to leases,. or
contracts, or licenses granted by the city in the designated
district.
(2) The provisions of this station chapter shall not apply to persc
engaged in those charitable acts sties subject to regulation
under Chanter 104 o the Code o Ordinances, or re g ous or
;i
Section 2. That Section 76.21, Application, of Article II, Permit, of
Chapter 76, Peddlers, Solicitors and Canvassers, of Title VII, Businesses and Business
Regulations, of the Code of Ordinances, City of Clearwater, be and the same is hereby
amended to read as follows:
Sec. 76.21. Application.
(a) Any person desiring to secure a permit under this article
shall apply therefor in writing over his signature to the chief of
police on forms provided by the city, and such application shall state:
(1) The name and address of the applicant;
(2) The name and address of the person by whom employed;
(3) The length of service of such applicant with such
employer;
(4) The place of residence and nature of employment of the
applicant during the last preceding year;
(5) The nature or character of the goods, wares, merchandise
or services to be offered by the applicant; and
(6) The persenal hp ysical description of the applicant, to
include race sex height, wei ht eye color, hair color,
cand bogy build.
(b) Such application shall be accompanied by the photograph
of the applicant and such credentials and other evidence of the good
moral character and identity of the applicant, as may be reasonably
required by the chief of police.
Section 3. That Section 76.23, Issuance, expiration, of Article II, Permit,
of Chapter 76, Peddlers, Solicitors and Canvassers, of Title VII, Businesses and
Business Regulations, of the Code of Ordinances, City of Clearwater, be and the same
Ts hereby amended to read as follows:
See. 76.23. Issuance, exception.
if the ehief of police shall determine after reasonable
investigation that the applicant le of good moral eharaeter, and
preposes to engage in a lawful and legitimate eommereisl or
professional enterprise, and that sueh enterprise is not in any manner
prejudicial to the publie heaWr; safety; morals er general welfare and
is net of s:teh nature as to be offensive to the publie, or to be Nicely
to eamm or eentribute to dlsturbanees of any nature, he is then within
hls.diseretion to issue the permit applied for; which permit shall
expire an the thirtieth day of September next &Howft the date of
issuanee of the permit:
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'Ord• 3664.84
7-I0-84
li&
? • Iky/
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Been convicted of an offense Involving the use of
or threat to use force or violence upon the person
of another, oonly such conviction occurred at least
five 5 ears rior to the date of the application.
For ur oses of this section "conviction" shall include an
disposition o a criminal case nvoly nK the imposition
against a licant of a fine, robe on, incarceration, or
other adverse sentence o a unitive nature whether or
not the applicant has been formally adjudicated ffullty,;
The applicant has made an false, misleading, or
fraudulent statement o act in the permit application or
in any document required bLthe city, in conjunction
herewith; or
The applicant has had a permit or license, similar to the
one_behng applied for, denied, revoked or suspended for
any of the above causes b the cit-y orb mi other state
or local aLrenev within five 5 vears prior to the date of
application.
G
jal The police chief shall not issue: a solicitor's permit if he
finds that: -?
The applicant has:
The police chie
J!?j Any applicant aMri_eved k the_ actions of tt
in the denial of an application pursuant to this section F
r ht of appeal to the ci man er. Such appeal shall 1
filinrt with the city clerk. within ten 10 davs after the
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Ord, SBbk-8k
7-10-84
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a
L el The olive chief, or his designee, shall Issue a permit to
an a licant who is not otherwise disqualified b
subsection a which ermit shall ex ire on the thirtieth
day of Se tember next ollow[ng_the date of issuance of
thepermit.
The chief of olive ma collect a reasonable application
foe, not to-exceed 10.00, which shall defer the
administrative costs of Investigating the applicant and
issu nst the permit.
Section 3. Should any part or provision of this ordinance be declared by a
court of competent jurisdiction 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 4. All ordinances or parts of ordinances in conflict herewith are
to the extent of such conflict hereby repealed.
Section 5. Notice of the proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation In accordance with Section
168.041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect Immediately
upon Its passage.
PASSED ON FIRST READING June 21, 1984
PASSED ON SECOND AND FINAL
READING AND ADOPTED July 10, 1984
Attest: ?
zeputy City Jerk. ( 4 r_