TA2006-09007
TA2006-09007
Ordinance # 7725-07
Amendments to the
Community
Development Code,
regarding
occupational licenses
CDB Meeting Date
Case:
Ordinance No.:
Agenda Item:
November 21, 2006
TA2006-09007
7725-07
F-2
CITY OF CLEARWATER
DEVELOPMENT AND NEIGHBORHOOD SERVICES DEPARTMENT
STAFF REPORT
TEXT AMENDMENTS
REQUEST: Amendments to the Community Development Code, regarding
occupational licenses to be called business tax receipts as per State
Statutes, effective on January 1, 2007.
INITIATED BY: Development and Neighborhood Services Department
ANALYSIS:
The Development and Neighborhood Services Department is recommending certain
amendments to the Community Development Code addressing the renaming of
occupational licenses and associated text to business tax receipts. These changes are
necessary pursuant to statutory changes effective January 1, 2007.
Please find below a summary of these proposed amendments. Also attached is Ordinance
No. 7725-07, which includes the specific amendments. Within the ordinance document,
text that is underlined indicates proposed language and text containing strikethroughs
indicate deletions.
Article 3 -Development Standards
^ From occupational licenses to business tax receipts and licensee to taxpayer:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
associated language, such as licensee to taxpayer, in Article 3, Community
Development Standards, Division 23, Residential Rentals, Sections 3-2302, 3-2303,
3-2304, 3-2306, and 3-2307.
^ From occupational licenses to business tax receipts and occupation to
business:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
Page 1
DevNS-PlanningStaff Report Amendments Regarding Occupational Licensing to be called Business
Tax Receipts2
•
associated language, such as licensee to taxpayer and occupation to business, in.
Article 4, Development Review and Other .Procedures, Division 2, General
Procedures, Sections 4-202, and 4-205.
^ From occupational licenses to business tax receipts and licensee to taxpayer:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
associated language, such as licensee to taxpayer, in Article 8, Definitions and Rules
of Construction, Section 8-102, for definitions Abandoned building and Operator and
added definitions for Business Tax Receipt and Taxpayer.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendments affect the objectives of the Comprehensive Plan.
The proposed amendments to change "occupational licenses" to "business tax
receipts" as per State Statutes does not affect any of the objectives of the
Comprehensive Plan.
2. The proposed amendments
Development Code and othe
implement the Plan.
further the purposes of the Community
r City ordinances and actions designed to
The proposed amendments are consistent with the provisions of Section 1-103
that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The amendments change the name of "occupational licenses" to "business tax receipts"
along with associated changes such as "licensee" to "taxpayer", as required by recent
changes to statutory provisions governing occupational license tax collection.
The Development and Neighborhood Services Department Staff recommends
APPROVAL of Ordinance No. 7725-07 which makes revisions to the Community
Development Code.
Prepared by Development and Neighborhood Services Department:~~a.:" fr --~ \ ,___
Sandra Herman
ATTACHMENT:
Proposed Amendments to the Community Development Code
Page 2
DevNS-PlanningStaff Report Amendments Regarding Occupational Licensing to be called Business
Tax Receipts2
Ordinance No. 7725-07
•
Page 3
DevNS-PlanningStaff Report Amendments Regarding Occupational Licensing to be called Business
Tax Receipts2
ORDINANCE NO. 7725-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
COMMUNITY DEVELOPMENT CODE SECTIONS 3-2302, 3-2303, 3-
2304, 3-2306, 3-2307, 4-202, 4-205, AND 8-102 TO SUBSTITUTE
NEW TERMINOLOGY REQUIRED BY PROVISIONS OF FLORIDA
STATUTES; FURTHER AMENDING SECTIONS 3-2307 AND 4-205
TO DELETE THE PROCEDURES FOR NOTICE, HEARING, AND
APPEAL REGARDING REVOCATION AND DENIAL AND TO
PROVIDE INSTEAD THAT SUCH PROCEDURES SHALL BE AS SET
FORTH IN CODE OF ORDINANCES SECTIONS 29.41 AND 29.44;
FURTHER AMENDING SECTION 8-102 TO ADD CERTAIN
DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
Section 1. Article 3 Community Development Standards, Division 23, Residential
Rentals, is amended to read:
Sec. 3-2302. Business tax receipt required.
A business tax receipt shall be required for all rentals
set forth in Section 3-2301. Business tax receipt ' ' procedures and
requirements shall be as set forth in Code of Ordinances Chapter 29. The fee
charged for such business tax receipt shall be as set forth in
the Code of Ordinances Appendix A, Division XVIII.
Sec. 3-2303. Local representation for business tax receipt
tise~se applications for residential rentals.
Business tax receipt applications for residential rentals shall
include a local contact or representative. Such contact or representative shall
maintain a current working local telephone number and current local address, not a
public or private post office box, and provide notification thereof of any changes to
the city within 30 days for a physical location and telephone number within one of
the following counties in Florida: Pinellas, Hillsborough, Pasco, Manatee or
Sarasota.
Sec. 3-2304. Residential rental compliance-Notice requirements of minimum
applicable standards form acknowledging notice of housing and development
standards.
Ordinance No. 7725-07
•
Each owner of real property to which this division is applicable shall receive notice of
and shall file, with an initial business tax receipt application
or, for existing licensees, by October 1 of each business tax receipt ss~a~tieea~l
'i" year, a notice requirements of minimum applicable standards form with the
development and neighborhood services department acknowledging receipt of
housing and development standards contained in Section 28.82, the Standard
Housing Code, as adopted by Code of Ordinances Sections 49.01 and 49.02, and
the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained in Community
Development Code, Article 3.
Sec.3-2306. Penalties.
Failure to obtain or maintain a business tax receipt as
required by Section 3-2302 or failure to maintain a property in compliance with the
code requirements set forth in Section 3-2304, shall subject the violator to
enforcement proceedings and penalties in accordance with Article 7 of the
Community Development Code and with Code of Ordinances Section 1.12. The
provision of this division shall provide an additional means of enforcement, but shall
not prohibit the city from taking enforcement action under other code provisions.
Sec. 3-2307. Revocation or denial of business tax receipt
1I'.
In addition to the enforcement proceedings and penalties provided for in
section 3-2306, failure to comply with the provisions of this division shall be
considered just cause for denial of the issuance of a business tax receipt a~
for the subject property, and for revocation of an existing
business tax receipt pertaining to the subject property in
accordance with the procedure set forth in this section. ,
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Ordinance No. 7725-07
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The procedure for revocation or denial and
appeal therefrom shall be as set forth in Code of Ordinances Sections 29.41 and
29.44. The filing of a pleading seeking judicial review shall automatically stay the
revocation until judicial review has been- exhausted unless the city obtains injunctive
relief. Any residential rental taxpayer'~^„~^~ who has had a business tax receipt a~
revoked or denied under this section or under Code of
Ordinances Section 29.41 shall not be eligible to submit an initial or renewal
application for business tax receipt ~'~ to conduct residential rental business on
the subject property in the city until one year has expired from the date the business
tax receipt ~'~ was revoked or denied by the city or, if an appeal is taken while
the business continues in operation, until one year from the later of the date of the
last decision or order affirming the revocation or denial or the date the business
ceases operations in compliance with the decision or order.
Section 2. Article 4. Development Review and Other Procedures, Division 2,
General Procedures, is amended to read:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for
development approval shall include the following information:
10. If the proposed development is fora home occupation, an
executed affidavit:
a. Agreeing to comply with all standards contained in Article 3
Division 2 and any other conditions of the home occupation that
may be established in authorizing same.
b. Recognizing the need to renew the requisite business tax
receipt ^^^~ ~^~+~^^°' '~^°^°^ annually or as may otherwise be
required.
c. Acknowledge that any departure from the conditions
authorizing -the use shall be grounds for the revocation of the
applicable occupational license.
d. Agreeing to permit reasonable inspection of the premises of
the home occupation to ensure compliance with the
conditions thereof.
-3-
Ordinance No. 7725-07
B. Simultaneous applications. If more than one approval is required (for
example, Levet One and Level Three) for a particular development proposal,
with the exception of an application fora building permit, certificate of
occupancy or business tax receipt an applicant is
required to submit all applications for development approval at the same
time.
Section 4-205. Business tax receipt
A. Applicability. Any person required to obtain a business tax receipt a~
in order to conduct business within the city pursuant to the
provisions of Chapter 29, Article II of the city's Code, shall obtain such license after
the issuance of an occupancy permit.
B. Procedure.
1. All applications for business tax receipts shall be prepared
on forms available from the city manager.
2. Upon receipt of an application for a business tax receipt ,
the city manager shall forward a copy of the application to the community
development coordinator who shall review the application to determine- if the
business eie~ conforms to applicable provisions of this development code and
any prior approvals.
3. Upon receipt of a determination by the community development coordinator that
the business eEC~a#+en does conform to applicable provisions of this development
code and prior approvals, then the city manager shall review the application and
determine whether the business ee~pat~er~ conforms to all. applicable requirements
of Chapter 29, Article II of the city's Code.
4. Following review and determination as to conformance by both the community
development coordinator and the city manager, the city manager shall either issue
the business tax receipt or deny the application.
Section 3. Article 8, Definitions and Rules of Construction, is amended to read:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms
have the meanings specified herein:
Abandoned building means a building or structure that is deserted by the
owner and left unsecured or that is not maintained. Evidence of desertion and lack of
maintenance shall include, but not be limited to: unaddressed code violations; lack of
required building permits or certificate of occupancy; lack of business tax receipt
and lack of active utilities.
-4-
Ordinance No. 7725-07
~ ~
Business tax receipt means the document issued by the city indicating all
fees, taxes and other associated costs associated with conducting the business at
any and all appropriate locations within the city have been paid.
Operator means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an "adult use
establishment," including but not limited to, the taxpayer 4+Eer~see, manager,
doorman, bartender, disc jockey, sales .clerk, ticket taker, movie projectionist, or
other employee.
Taxpayer means any person liable for the taxes imposed under the
provisions of Chapters 7, 25, and 29, respectively any agent required to file and pay
any taxes imposed under said provisions and the heirs successors assignees and
transferees of any such person or agent, wherever relevant to any provision of this
article or other law or ordinance, and includes any and all individuals listed on the
business tax application and/or business tax receipt.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED'
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
-5-
Ordinance No. 7725-07
TA2006-09007
Amendments to the
Community
Development Code
(Continued from
November 21, 2006)
•
CDB Meeting Date
Case:
Ordinance No.:
Agenda Item:
December 19, 2006
TA2006-09007
7725-07
F.8
CITY OF CLEARWATER
DEVELOPMENT AND NEIGHBORHOOD SERVICES DEPARTMENT
STAFF REPORT
TEXT AMENDMENTS
REQUEST: Amendments to the Community Development Code, regarding
occupational licenses to be called business tax receipts as per State
Statutes, effective on January 1, 2007.
INITIATED BY: Development and Neighborhood Services Department
UPDATE:
The Community Development Board (CDB) received this proposal in its November
packet. It was not advertised, however, and the item was not heard by the Board. The
proposed ordinance has been advertised and the content and substance of the proposal has
not changed.
ANALYSIS:
The Development and Neighborhood Services Department is recommending certain
amendments to the Community Development Code addressing the renaming of
occupational licenses and associated text to business tax receipts. These changes are
necessary pursuant to statutory changes effective January 1, 2007.
Please find below a summary of these proposed amendments. Also attached is Ordinance
No. 7725-07, which includes the specific amendments. Within the ordinance document,
text that is underlined indicates proposed language and text containing strikethroughs
indicate deletions.
Article 3 -Development Standards
^ From occupational licenses to business tax receipts and licensee to taxpayer:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
associated language, such as licensee to taxpayer, in Article 3, Community
Page 1
S:\Planning Department\Community Development Code\2006 Code Amendments\TA2006-09007 -
Occupational License Revisions to Business Tax Receipts\Updated Final Revised Staff Report
Amending Occupational Licensing to Business Tax Receipts.doc
• •
Development Standards, Division 23, Residential Rentals, Sections 3-2302, 3-2303,
3-2304, 3-2306, and 3-2307.
^ From occupational licenses to business tax receipts and occupation to
business:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
associated language, such as licensee to taxpayer and occupation to business, in
Article 4, Development Review and Other Procedures, Division 2, General
Procedures, Sections 4-202, and 4-205.
^ From occupational licenses to business tax receipts and licensee to taxpayer:
The Development and Neighborhood Services Department has drafted an amendment
that will change the name from occupational licenses to business tax receipts and
associated language, such as licensee to taxpayer, in Article 8, Definitions and Rules
of Construction, Section 8-102, for definitions Abandoned building and Operator and
added definitions for Business Tax.Receipt and Taxpayer.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendments affect the objectives of the Comprehensive Plan.
The proposed amendments to change "occupational licenses" to "business tax
receipts" as per State Statutes does not affect any of the objectives of the
Comprehensive Plan.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed amendments are consistent with the provisions of Section 1-103
that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The amendments change the name of "occupational licenses" to "business tax receipts"
along with associated changes such as "licensee" to "taxpayer", as required by recent
changes to statutory provisions governing occupational license tax collection.
Page 2
S:\Planning Department\Community Development Code\2006 Code Amendments\TA2006-09007 -
Occupational License Revisions to Business Tax Receipts\Updated Final Revised Staff Report
Amending Occupational Licensing to Business Tax Receipts.doc
The Development and Neighborhood Services Department Staff recommends
APPROVAL of Ordinance No. 7725-07 which makes revisions to the Community
Development Code. t
Prepared by Development and Neighborhood Services Department: r
Sandra Herman
ATTACHMENT:
Proposed Amendments to the Community Development Code
Ordinance No. 7725-07
Page 3
S:\Planning Department\Community Development Code\2006 Code Amendments\TA2006-09007 -
Occupational License Revisions to Business Tax Receipts\Updated Final Revised Staff Report
Amending Occupational Licensing to Business Tax Receipts.doc
•
ORDINANCE N0.7725-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES TO BE CALLED
BUSINESS TAX RECEIPTS EFFECTIVE JANUARY 1, 2007 AS PER
STATE STATUTES; AMENDING PART 1 COMMUNITY
DEVELOPMENT CODE, ARTICLE 3 COMMUNITY DEVELOPMENT
STANDARDS, DIVISION 23, SECTIONS 3-2302, 3-2303, 3-2304, 3-
2306, 3-2307, ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, DIVISION 2, SECTIONS 4-202, 4-205, AND
ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION,
SECTION 8-102, COMMUNITY DEVELOPMENT CODE AND
BUILDING AND DEVELOPMENT REGULATIONS; PROVIDING AN
EFFECTIVE DATE.
Section 1. Article 3 Community Development Standards, Division 23, Residential
Rentals, is amended to read:
Sec. 3-2302. Business tax receipt required.
A business tax receipt shall be required for all rentals set
forth in Section 3-2301. Business tax receipt' '" procedures and requirements shall
be as set forth in Code of Ordinances Chapter 29. The fee charged for such business tax
receipt shall be as set forth in the Code of Ordinances Appendix A,
Division XVIII.
Sec. 3-2303. Local representation for business tax receipt escupatier~at
tiser~se applications for residential rentals.
Business tax receipt applications for residential rentals shall include a
local contact or representative. Such contact or representative shall maintain a current
working local telephone number and current local address, not a public or private post office
box, and provide notification thereof of any changes to the city within 30 days for a physical
location and telephone number within one of the following counties in Florida: Pinellas,
Hillsborough, Pasco, Manatee or Sarasota.
Sec. 3-2304. Residential rental compliance-Notice requirements of minimum
applicable standards form acknowledging notice of housing and development
standards.
Each owner of real property to which this division is applicable shall receive notice of and
shall file, with an initial business tax receipt application or, for existing
licensees, by October 1 of each business tax receipt year, a notice
requirements of minimum applicable standards form with the development and
-1-
Ordinance No. 7725-07
~ ~_
neighborhood services department acknowledging receipt of housing and development
standards contained in Section 28.82, the Standard Housing Code, as adopted by Code of
Ordinances Sections 49.01 and 49.02, and the Development Standards, Divisions 8, 12, 13,
14, 15, 18, contained in Community Development Code, Article 3.
Sec.3-2306. Penalties.
Failure to obtain or maintain a business tax receipt as required by
Section 3-2302 or failure to maintain a property in compliance with the code requirements
set forth in Section 3-2304, shall subject the violator to enforcement proceedings and
penalties in accordance with Article 7 of the Community Development Code and with Code
of Ordinances Section 1.12. The provision of this division shall provide an additional means
of enforcement, but shall not prohibit the city from taking enforcement action under other
code provisions.
Sec. 3-2307. Revocation or denial of business tax receipt e
tiise~se.
In addition to the enforcement proceedings and penalties provided for in section 3-
2306, failure to comply with the provisions of this division shall be considered just cause for
denial of the issuance of a business tax receipt for the subject
property, and for revocation of an existing business tax receipt
pertaining to the subject property in accordance with the procedure set forth in this section.
Prior to revocation or denial, the city manager or his/her designee shall issue a notice of
revocation or denial notifying the residential rental taxpayer liseesee of the city's intent to
revoke or deny. The notice shall be sent certified mail, return receipt requested, to the last
known address for the residential rental taxpayer liseasee. Within ten calendar days from
the date of mailing of said notice, the business tax receipt fiser~se shall be automatically
denied, revoked or nonrenewable, unless the residential rental taxpayer liseesee files with
the city clerk a written statement setting forth the grounds for an appeal. Upon the filing of
such written statement, the city clerk shall notify the city manager, who shall schedule and
conduct a hearing before the city manager or designee within 30 calendar days from the
date the written statement was filed. The residential rental taxpayer''^~ shall be given
written notice of the hearing by certified mail, return receipt requested, and shall have an
opportunity to present evidence, cross examine witnesses, and be represented by counsel.
The city shall have the burden of proof by a preponderance of the evidence, and the city
manager or designee's decision shall be based solely on the evidence presented at the
hearing. Within ten calendar days of the hearing, the city manager or designee shall file with
the city clerk's office and serve on the residential rental taxpayer f+seF-see a written decision
containing findings of fact and conclusions of the legal basis for the decision. The decision
shall become final unless, within 30 days of the date the city manager or designee files the
decision with the city clerk, the residential rental taxpa rimer t+ser~see files a petition for writ of
certiorari in the Circuit Court for Pinellas County. The filing of a pleading seeking judicial
review shall automatically stay the revocation until judicial review has been exhausted
unless the city obtains injunctive relief. Any residential rental taxpayer liseasee who has had
a business tax receipt revoked or denied under this section or under
Code of Ordinances Section 29.41 shall not be eligible to submit an initial or renewal
application for business tax receipt '' to conduct residential rental business on the
-2-
Ordinance No. 7725-07
• ~
subject property in the city until one year has expired from the date the business tax receipt
f+seese was revoked or denied by the city or, if an appeal is taken while the business
continues in operation, until one year from the later of the date of the last .decision or order
affirming the revocation or denial or the date the business ceases operations in compliance
with the decision or order.
Section 2. Article 4. Development Review and Other Procedures, Division 2,
General Procedures, is amended to read:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for development
approval shall include the following information:
10. If the proposed development is for a home occupation, an executed
affidavit:
a. Agreeing to comply with all standards contained in Article 3
Division 2 and any other conditions of the home occupation that may
be established in authorizing same.
b. Recognizing the need to renew the requisite business tax receipt
annually or as may otherwise be required.
c. Acknowledge that any departure from the conditions authorizing
the use shall be grounds for the revocation of the applicable
occupational license.
d. Agreeing to permit reasonable inspection of the premises of the
home occupation to ensure compliance with the conditions
thereof.
B. Simultaneous applications. If more than one approval is required (for example,
Level One and Level Three) for a particular development proposal, with the
exception of an application for a building permit, certificate of occupancy or business
tax receipt , an applicant is required to submit all applications for
development approval at the same time.
Section 4-205. Business tax receipt
A. Applicability. Any person required to obtain a business tax receipt ae-esse~atieeal
1#se~se in order to conduct business within the city pursuant to the provisions of Chapter 29,
Article II of the city's Code, shall obtain such license after the issuance of an occupancy
permit.
B. Procedure.
1. All applications for business tax receipts shall be prepared on
forms available from the city manager.
2. Upon receipt of an application for a business tax receipt ,the city
manager shall forward a copy of the application to the community development coordinator
-3-
Ordinance No. 7725-07
• w
who shall review the application to determine if the business essupatier~ conforms to
applicable provisions of this development code and any prior approvals.
3. Upon receipt of a determination by the community development coordinator that the
business essupatae+~ does conform to applicable provisions of this development code and
prior approvals, then the city manager shall review the application and determine whether
the business essepatier~ conforms to all applicable requirements of Chapter 29, Article II of
the city's Code.
4. Following review and determination as to conformance by both the community
development coordinator and the city manager, the city manager shall either issue the
business tax receipt or deny the application.
C. Appeal. A denial of a business tax receipt may be appealed in
the manner provided in Article 4 Division 5.
Section 3. Article 8. Definitions and Rules of Construction, is amended to read:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
Abandoned building means a building or structure that is deserted by the owner and
left unsecured or that is not maintained. Evidence of desertion and lack of maintenance shall
include, but not be limited to: unaddressed code violations; lack of required building permits
or certificate of occupancy; lack of business tax receipt ;and lack of
active utilities.
Operator means any person who engages in or performs any supervisory activity
which is necessary to or which facilitates the operation of an "adult use establishment,"
including but not limited to, the taxpayer ''^.ro~e, manager, doorman, bartender, disc
jockey, sales clerk, ticket taker, movie projectionist, or other employee.
This ordinance shall take effect on the date of second ordinance reading.
PASSED ON FIRST READING
PASSED ON SECOND READING AND ADOPTED
Approved as to form: Attest:
Frank V. Hibbard, Mayor
Leslie Dougall-Sides Cynthia E. Goudeau, City Clerk
Assistant City Attorney
-4-
Ordinance No. 7725-07