7724-07
ORDINANCE NO. 7724-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
PROVISIONS OF THE CODE OF ORDINANCES; AMENDING CODE
OF ORDINANCES SECTIONS 6.25, 7.41, 7.43, AND 7.44 TO
CHANGE TERM "OCCUPATIONAL LICENSE" TO "BUSINESS TAX
RECEIPT"; REPEALING AND RESERVING ALL OF CHAPTER 9,
BATHHOUSES AND MASSAGE ESTABLISHMENTS; AMENDING
SECTIONS 25.021, 25.051, 25.052, 25.053, 25.054, 25.055, 25.056,
25.057, 25.073, 25.131, 25.135, 25.137, 25.173, AND 28.04 TO
CHANGE TERM "OCCUPATIONAL LICENSE" TO "BUSINESS TAX
RECEIPT"; AMENDING CHAPTER 29, TAXATION AND OTHER
FEES, ARTICLE II; AMENDING SECTION 29.21 TO CHANGE TERM
"OCCUPATIONAL LICENSE" TO "BUSINESS TAX RECEIPT" AND
TO PROVIDE THAT PROOF OF CERTAIN STATE LICENSURE AND
OTHER REQUIREMENTS IS NECESSARY IN ORDER TO OBTAIN A
BUSINESS TAX RECEIPT; REPEALING AND RESERVING
SECTIONS 29.22 AND 29.33; AMENDING SECTION 29.24 TO
CHANGE TERM "OCCUPATIONAL LICENSE" TO "BUSINESS TAX
RECEIPT" AND TO ADD CERTAIN DEFINITIONS; AMENDING
SECTION 29.26 TO CHANGE TERMINOLOGY; AMENDING
SECTION 29.27 TO CHANGE TERMINOLOGY, TO PROVIDE FOR
ALTERNATIVE BACKGROUND CHECKS AND TO REQUIRE
BUSINESSES USING CONTRACTORS, SUBCONTRACTORS OR
OTHER AUXILIARY BUSINESSES TO OBTAIN AND MAINTAIN
RECORDS OF SUCH, AND PROVIDING THAT PERFORMANCE OF
THE SERVICE, OCCUPATION OR BUSINESS SHALL NOT BE
MAINTAINED UNTIL SUCH RECORDS ARE OBTAINED; AMENDING
SECTION 29.28 TO CHANGE TERM"OCCUPATIONAL LICENSE" TO
"BUSINESS TAX RECEIPT" AND ADD PROVISIONS REGARDING
PROOF, MAINTENANCE, AND SUBCONTRACTORS; AMENDING
SECTION 29.29 TO CHANGE TERM "OCCUPATIONAL LICENSE"
TO "BUSINESS TAX RECEIPT" AND TO CHANGE OTHER
TERMINOLOGY; AMENDING SECTION 29.30 TO CHANGE TERM
"OCCUPATIONAL LICENSE" TO "BUSINESS TAX RECEIPT" AND
TO PROVIDE FOR DISPLAY AND POSSESSION OF THE
BUSINESS TAX RECEIPT; AMENDING SECTION 29.31 TO
CHANGE TERM "OCCUPATIONAL LICENSE" TO "BUSINESS TAX
RECEIPT" AND TO CHANGE OTHER TERMINOLOGY; AMENDING
SECTIONS 29.32, 29.33, 29.35, 29.36, 29.43, 29.45, 29.48, 29.50,
29.52, 29.54, 29.55, 29.56, AND 33.022 TO CHANGE TERM
"OCCUPATIONAL LICENSE" OR "LICENSE" TO "BUSINESS TAX
RECEIPT"; AMENDING SECTIONS 29.34, 29.37, 29.38, 29.39, 29.40,
29.41, 29.44, 29.47, 29.49, 29.53, AND 29.57 TO CHANGE TERM
Ordinance No. 7724-07
"OCCUPATIONAL LICENSE" OR "LICENSE" TO "BUSINESS TAX
RECEIPT AND TO MAKE CERTAIN OTHER HOUSEKEEPING
AMENDMENTS; AMENDING SECTION 29.41 TO CHANGE TERM
"OCCUPATIONAL LICENSE" TO "BUSINESS TAX RECEIPT', TO
CHANGE OTHER TERMINOLOGY, AND TO CLARIFY CERTAIN
REQUIREMENTS REGARDING EXOTIC DANCERS; AMENDING
SECTION 29.42 TO PROVIDE PROCEDURES FOR PROVISIONAL
AND EMERGENCY ISSUANCE; REPEALING AND RESERVING
SECTION 29.51; AMENDING SECTION 29.58 TO PROVIDE FOR
CERTAIN TRANSITIONAL RULES; ADDING SECTION 29.59 TO
PROVIDE THAT CERTAIN ACTIVITIES CONDUCTED WITHIN THE
CITY OF CLEARWATER SHALL CONSTITUTE PRIMA FACIE
EVIDENCE OF OPERATING A BUSINESS WITHOUT A BUSINESS
TAX RECEIPT; AMENDING APPENDIX A, SCHEDULE OF FEES,
RATES AND CHARGES, V. BUILDINGS AND BUILDING
REGULATIONS (~47.087) TO CHANGE TERM "OCCUPATIONAL
LICENSE" TO "BUSINESS TAX RECEIPT', TO ADD, OMIT AND
CLARIFY CERTAIN CATEGORIES, TO REPEAL SUBSECTION XX.,
TO RENUMBER CATEGORIES, TO REQUIRE APPROVALS FROM
CERTAIN CITY DEPARTMENTS, TO REVISE THE REQUIREMENTS
RELATING TO CERTAIN FEES; PROVIDING AN EFFECTIVE DATE.
Section 1. Chapter 6, Alcoholic Beverages, Article II, Division 1, Code of
Ordinances, is amended to read:
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Sec. 6.25. Business tax receipt occupstion3//icense required.
All alcoholic beverage establishments in the city shall obtain a business tax
receipt be licensed in accordance with the applicable requirements of state law and
of the county. For the purpose of obtaining a state license, the owner of the
establishment shall obtain a statement of zoning compliance from the development
code administrator following conditional use approval.
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Section 2. Chapter 7. Amusements, Article II, Division 2, Code of Ordinances, is
amended to read:
Sec. 7.41. Required.
It shall be unlawful for any operator to own, operate, manage, lease or control
in the city any coin-operated or token-operated amusement machine, device or
game until such operator has paid to the city aR business occupational license tax
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Ordinance No. 7724-07
and obtained an business tax receipt occupational licenso as provided in section
29.58.
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Sec. 7.43. Investigation before issuance.
Before the issuance of any business tax receipt occupation3/liconso for four
or more coin-operated amusement devices or games, the city manager shall
determine that the operator, if an individual applying for the permit, or that the
officers and directors, if a corporation applying for the permit, have not been a party
to the maintenance of any nuisance, directly or indirectly, in the city for the preceding
two years, or if the individual, corporate officers or directors applying have been
convicted of a felony, involving moral turpitude, either in the state or elsewhere.
Sec. 7.44. Revocation, re-issuance.
Upon the chief of police notifying an operator of a business that has been
issued a business tax receipt occup3tion31 liconso lioensed pursuant to article II of
chapter 29 that any location where the operator has any coin-operated amusement
device or game is creating a nuisance, the taxpayer licensee shall, within a period of
five days, rectify the conditions satisfactorily to the chief of police; and upon the
failure to do so, the city commissioners, upon the recommendation of the chief of
police, and after a hearing for which the operator has been given not less than three
days' notice and has an opportunity to appear and be heard, may revoke and cancel
the business tax receipt occupational Hcense issued for that particular location.
Upon the ceasing of the nuisance, upon application, a new business tax receipt
occupationalliconso may be issued and the new business tax receipt occup3tion31
licenso shall be subject to this section.
Section 3. Chapter 9. Bathhouses and Massage Establishments, Articles I, II, and
III, Code of Ordinances, is revoked, reserved and amended to read:
CHAPTER 9. Reserved.
Chapter 9 BATHHOUSES AND MASSAGE ESTA811SHMENTS*
ARTICLE I. IN GENERAL
SeG. 9.01. Definitions.
The f-ollo'Ning words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
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Ordinance No. 7724-07
Bath means any method of l.\lashing or cleansing of the structure of the
human body or any external part thereof with ':.later or other liquid, vapor or steam,
including but not limited to steam rooms, cabinet baths, sauna baths, sitz baths,
colon irrigations, sho'....ers and baths of all kinds.
Bathhouse means any establishment having a fixed place of business 'Nhere
baths are administered or where any person engages in, carries on or permits to be
engaged in or carried on any or all of the activities mentioned in the definition of
bath, provided that nothing in this section contained shall be construed to include a
duly licensed hospital, nursing home, modical clinic, physician, surgeon, physical
therapist, chiropractor, osteopath, naturopath, podiatrist, or persons holding a
drugless practitioner's certificate under the la':.ls of this state. Furthermore, this
definition shall exclude from its operation barbershops and beauty salons (Le., duly
licensed barbers and cosmetologists) in which baths are administered only to the
scalp, the face, tho neck or the shoulders.
Bath technio.'an means any person 'Nho for any consideration whatsoever
administers a bath to another person at a bathhouso.
Co owner means any and all persons listed by an applicant pursuant to
section 9.32(5).
Emp!oyoe means any person other than a bath technician who renders any
service to a patron in connection with the operation of a bathhouse and who
receives compensation directly or indirectly from the operator or owner of the
bathhouse or its patrons.
Licensed massage therapist means a person licensed or required to be
licensed by F.g. ch. 480, as may be amended from timo to time, '::ho administers
massage for compensation, '/:hether such person is actually Iiconsed or not.
Massago means as set forth in F.g. ~ 480.033, as may be amended from
time to time.
Massage 3fJPrentice means apprentice as defined by F.g. ~ 480.033, as may
be amended from time to time.
Massage est-ablishment means a site or premises or portion thereof '....herein a
licensed massage therapist practices massage.
P-atron means any person who receives a bath at a bathhouse, upon payment
of money or other consideration thoref-or.
Rocognized sohoo! means a board approved massage school as defined by
F.S. ~ 480.033, as may be amended from time to time.
Soxual or gonita! parts shall mean the genitals, pubic area, buttocks, anus,
perineum or the vul'.'a of any person. t^.'ith regard to the breasts of a female, sexual
part shall mean the nipple or the pigmented portion adjacent thereto, otherwise
referred to as the areola.
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Ordinance No. 7724-07
Sec. 9.02. Provisions relating to licensing.
Except as otherwise provided in this article, the provisions of chapter 29,
article II, relating to occupational licenses shall apply to massage establishments,
bathhouses, licensed massage therapists, massage apprentices and bath
technicians.
ARTICLE II. BATHHOUSES
DIVISION 1. GENERALLY
Sec. 9.21. Right of license inspector to enter.
The license inspector is hereby authorized to enter, examine and survey any
premises for which a permit has been issued pursuant to this division, during
business hours, to enforce the provisions of this chapter.
Sec. 9.22. Posting of chapter provisions.
Every person owning, operating or managing a bathhouse shall post a copy
of this chapter in a conspicuous place in the bathhouse so that it may be readily
seen by persons entering the premises.
Sec. 9.23. Operating requirements.
No bathhouse shall be operated, maintained, established or conducted within
the city unless such bathhouse shall comply with the following:
(1) The premises shall have adequate equipment for disinfecting and
sterilizing non disposable instruments and materials used in
administering baths. Such non disposable instruments and materials
shall be disinfected and sterilized after use on each patron.
(2) Closed cabinets shall be provided and used for the storage of
clean linens, towels and other materials used in connection with
administering baths. /\11 soiled linens, tov.'els and other materials shall
be kept in properly cO'lered containers or cabinets, which containers or
cabinets shall be kept separato from the clean storage areas.
(3) Clean linens and towels shall be provided for each patron. No
common use of tov/els or linens shall be permitted.
(4) All bathhouse tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces '.\'hich may be readily disinfected.
(5) Adequate bathing, dressing, locker and toilet facilities shall be
provided for the number of patrons to be served at any given time. If
male and female patrons are to be served simultaneously, separate
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Ordinance No. 7724-07
bathing, dressing, locker, and toilet facilities shall be provided.
Separate toilet and lavatory facilities shall be maintained for personnel.
Doors to all dressing rooms shall be self closing.
(6) ,^.I1 ':Jalls, ceilings, floors, pools, showers, b::lthtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. \lVet and dry heat rooms, steam or
vapor rooms, steam or vapor cabinets, shower compartments ::lnd
toilet rooms shall be thoroughly cleaned each day the business is in
operation. Bathtubs and showers shall be thoroughly cleaned after
each use. VVhen carpeting is used on the floors, it shall be kept dry.
(7) The premises sh::lll be equipped with a service tank for custodial
services.
(8) The eating of food or the consuming of alcoholic beverages in the
b::lth work ::lreas shall not be permitted.
(9) Animals, except Seeing Eye dogs, sh::lll not be permitted in the
bath ':Jork areas.
(10) All employees ::lnd bath technicians shall INear clean outer
g::lrments whose use sh::lll be restricted to the bathhouse, and in
addition, such employees and bath technicians shall ::It all times during
normal "/orking hours at the b::lthhouse, conceal, v:ith ::l fully opaque
covering, the sexual or genital parts of their bodies.
(11) All bath services sh::lll be rendered or carried on in one ':Iork ::lrea
devoted to baths. There sh::lll be no separate or individual cubicles,
rooms, booths or areas set apart for private baths except that, if male
and fem::lle p::ltrons ::lre to be served simult::lneously, two separate
'1lork areas sh::lll be set ::lpart for male and female patrons. No bath
service may be rendered or c::lrried on in a ':.'ork ::lrea in such a m::lnner
or condition th::lt is not readily visible at ::lll times from any place within
the S::lme ':.lork area.
(12) The sexu::l1 or genital parts of patrons shall be covered ::It all
times by towels, cloths, robes, underg::lrments, swim trunks, sv:imsuits,
or other similar fully op::lque materials 'Nhile in the presence of an
employee or b::lth technici::ln.
Sec. 9.24. Unla'.vf-ul conduct.
(1) It sh::lll be unla'Nful for any bath technician, employee, patron or other
person in a bathhouse to place his hands upon, to touch with any part of his
body, to fondle in any manner, or to mass::lge or bathe a sexual or genital part
of any bath technician, employee, patron or other person.
(2) It sh::lll be unlawful for any bath technician, employee, patron or other
person in a b::lthhouse to expose his sexual or genital parts or any portion
thereof to any other b::lth technician, employee, patron or other person. It sh::lll
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Ordinance No. 7724-07
also be unlavJful for any bath technician, employee, patron or other person in
a bathhouse to expose the sexual or genital parts or any portion thereof of
any other bath technician, employee, patron or other person.
(3) It shall be unlavJfuI f-or any bath technician, employee, patron or other
person ',\'hile in the presence of any bath technician, employee, patron or
other person in a bathhouse, to fail to conceal with a fully opaque covering,
the sexual or genital parts of such person's body.
(4) It shall be unla'Mul for any person owning, operating or managing a
bathhouse to knowingly cause, allow or permit in or about such bathhouse,
any agent, employee or any other person under his control or supervision to
perf-orm such acts as are prohibited in subsections (1), (2) and (3) of this
section.
DIVISION 2. PERMITS
SeG. 9.31. Bathhouse permit Required.
It shall be unla':Jful f-or any person to establish or operate a bathhouse within
the city 'Nithout a valid, current permit issued pursuant to this division, in addition to
the occupational license required by chapter 29, article II.
SeG. 9.32. Same Application; fee.
Any person desiring a permit to establish or operate a bathhouse within the
city shall make application therefor to the city's occupational license inspector on
forms provided f-or that purpose. Each bathhouse shall require a separate permit.
Each bathhouse permit application shall be accompanied by a nonrefundable fee as
prescribed in appendix 1\ to this Code plus an additional $25.00 for each as
3pplicable. The following, in 3ddition to any other inf-ormation \\'hich may be required
by the license inspector, shall be furnished by each applicant at the time of
application:
(1) Name, address and telephone number of applicant;
(2) Name, 3ddress and telephone number of the location of the
bathhouse;
(3) \^.'ritten proof th3t the 3pplicant is 3t least 18 years of age;
(<1) T'NO front face portrait photographs of the 3pplic3nt 3t least two
inches by WJO inches, taken 'J.'ithin 30 days of date of applic3tion;
(5) Characterization of type of ownership of the business, Le.,
whether individual, partnership, corporation or otherwise, 3nd the
names and addresses of any 3nd all co ol/mers;
(6) l\. complete list of the names and residence addresses of all b3th
technicbns and employees of the bathhouse;
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Ordinance No. 7724-07
(7) An affidavit stating the business, occupation, profession or
employment history of the applicant for the three years immediately
preceding the date of application;
(8) An affidavit stating the full history of any criminal convictions,
excluding misdemeanor traffic violations, of the applicant and of each
co owner.
Sec. 9.33. Same Investigation of premises.
The license inspector of the city, before issuing any permit, shall investigate
or cause an investigation to be made of the promises named and described in the
application for a bathhouse permit f<>r the purpose of determining whether the
bathhouse complies v.'ith the provisions of this chapter.
Sec. 9.34. Same Issuance.
If the license inspector is fully satisfied from his investigation that the
bathhouse is in conformity 'A'ith the provisions of this chapter, he shall, unless
othe/"\vise prohibited by section 9.39, issue a permit authorizing the operation of a
bathhouse.
Sec. 9.35. Same Suspension.
If the license inspector finds that a bathhouse, for ....'hich a permit \".'as issued
pursuant to this division, does not conform to the standards set forth in section 9.23,
or if the permittee (or its agents or employees) has refused or hampered the license
inspector the right to immediate entry to the promises, the license inspector shall
issue a written order for the immediate suspension of the permit until such time as
he finds that the reason f<>r such suspension no longer exists. /\ copy of the order
shall behand deliverod to the location of the bathhouse and posted on the main
entrance to the premises and another copy of such order shall be served on the
permittee, or on any bath technician or employee. Such order shall set forth the
reasons for suspension. No person shall operate or assist in the operation of or
patronize a bathhouse '::hen subject to an order of suspension. Upon delivery of the
order of suspension, the bathhouse shall immediately cease operations and shall not
resume operations except on a written order of reinstatement by the license
inspector.
Sec. 9.3&. Same Expiration.
Each bathhouse permit issued pursuant to this division shall expire on the
next succeeding September 30, unless sooner suspended. A permit issued on or
after April 1 may be issued for one half the fee otherwise applicable.
Sec. 9.37. 8ath tochnician permit required, application, issuance, expiration.
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Ordinance No. 7724-07
(1) All persons who desire to perf{)rm the services of 3 b3th technician 3t 3
bathhouse Sh311:
(a) Make application therefor to the occupational license inspeotor on
forms provided for such purpose. Each b3th technician permit
application shall be 3ccompanied by a. nonrefundable fee as
presoribed in appendix ,fl, to this Code. In addition to 3ny other
information 'Nhich may be required by the license inspector, the
following shall 3ccompany each 3pplic3tion:
1. 'Nritten proof that the applic3nt is at least 18 years of age;
2. Copy of a county he31th certificate issued within the 30 days
immediately preceding the d3te of application, except as
provided in subsection (2) of this section;
3. SINorn notarized affidavit stating the applicant's full history of
any criminal convictions excluding misdemeanor traffic
violations;
-1. Two front face portr3it photographs of the applicant, at le3st
two inches by t\\'0 inches, taken within the 30 days preceding
the d3te of application.
(b) As 3n alternative to the health certificate required by subsection
(a)2 of this section, 311 persons who desire to perform the services of
bath technici3n 3t a bathhouse shall first undergo a physical
examin3tion for cont3gious 3nd communic3ble diseases, which shall
include recognized blood tests for syphilis and acquired immune
deficiency syndrome, a culture for gonorrhea, 3 chest X r3Y which is to
be made 3nd interpreted by a tr3ined radiologist acceptable to the
county health dep3rtment, and such other laboratory tests, done in a
13bor3tory accept3ble to the county health department, as may be
necessit3ted by the above eX3mination, 3nd sh311 furnish to the city
licensing department, a certific3te based upon and issued within 30
days of such examin3tion, signed by 3 physicbn duly licensed by the
st3te and stating th3t the person examined is either free from any
contagious or communic3ble disease or inc3pable of communicating
any of such diseases to others.
(c) If the license inspector is fully s3tisfied th3t the b3th technici3n
application is in conformity with the provisions of this section, he sh311,
unless prohibited by section 9.39, issue a permit authorizing the
practice by the b3th technici3n of his services within the city. Each
permit issued pursuant to this section shall expire on the next
succeeding September 30, unless sooner suspended. /\ permit issued
on or after April 1 may be issued for one half the fee other\vise
applicable.
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Ordinance No. 7724-07
(2) It shall be unlawful for any person to perform the services of a bath
technickm '::ithin the city v:ithout:
(a) ,4, valid, current public health card issued to that person; and
(b) /\ valid, current permit issued to such person pursuant to this
section.
Sec. 9.38. Notification of changes; updating application information.
(1) Every bathhouse permittee shall report immediately to the license
inspector any and all changes of o'A'nership or management of the bath
business, including but not limited to changes of manager or other person
principally in charge; stockholders holding more than ten percent of the stook
of the oorporation; offioers, directors and partners; any and all changes of
name, style or designation under '.,-'hich the business is to be conducted; any
and all changes or transfers of bath technicians employed in the business
whether by employment, discharge or termination, or othel\vise; and any
ohanges in the information required by section 9.32.
(2) Every bath technician shall report immediately to the licensing inspector
any and all changes of employment, whether by employment, disoharge or
termination, giving the name and address of the former employer, if any, and
the name and address of the nell: employer, if any, if the new employer
operates a bathhouse within the city, and any changes in the information
required by section 9.37.
Sec. 9.39. Denial.
(1) The license inspector shall not issue a bathhouse or bath technician
permit if he finds that:
(a) The correct permit fee has not been tendered to the city or, in the
case of a check or money order, honored with payment upon
presentation;
(b) Regarding a bathhouse permit, the operation as proposed by the
applicant, if permitted, 'Nould not oomply with the provisions of this
chapter;
(c) The applioant, if an individual, or any of the co owners, if the
applicant is not an individual, has been convicted of any:
1. Felony involving fraud, deceit, or an offense involving moral
turpitude, unless such conviction occurred at least three years
prior to the date of the applioation, or has been convicted of any
off-ense immlving sexual misoonduct with minors, keeping or
residing in a house of ill fame, solicitation of a lewd or unla'Mul
act, prostitution or pandering, unless such con'.'iction has
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Ordinance No. 7724-07
occurred at least three years prior to application for permit and
the applicant has had no subsequent convictions; or
2. Offense involving the use of or threat to use force or
violence upon the person of another. For the purpose of this
section conviction shall not include INithheld adjudication.
(d) The applicant has knowingly made any false, misleading, or
fraudulent statement of f-act in the permit application or in any
document required by the city in conjunotion herewith;
(e) The applicant has had a bath business, bath technician, or other
similar permit or license denied, re'.(oked or suspended for any of the
above causes by the city or any other state or local agency within five
years prior to the date of application; or
(f) The applicant, if an individual, or any of the co O\\'ners, if the
applioant is not an individual, is not over the age of 18 years.
(2) The license inspector, upon denying an application, shall state his
reasons in 'Nriting, specifying the particular grounds for denial.
Sec. 9.40. Appeals.
(1) Any applicant or permittee aggrieved by a decision of the license
inspector in the denial of an application for bathhouse permit or bath
technioian permit, or '::ith reference to the revocation of a bathhouse permit or
bath technician permit pursuant to this di'.'ision shall ha'.(e the right of appeal
to the city manager. Such appeal shall be taken by filing 'Nith the city clerk,
within ten days after the decision complained, a 'A'ritten statement setting forth
the grounds for suoh appeal. The city clerk shall forthlNith notify the city
manager '.vho shall schedule a public hearing and shall give notice of suoh
hearing to the appellant.
(2) The decision and order of the city manager shall be final and oonolusive,
unless the appellant, within ten days follO\A.'ing notification of the deoision and
ordor of the city manager, files a '.witten statement setting forth the grounds of
appeal from the decision or order of the oity manager with the oity olerk. Upon
the filing of suoh written statement, the city olerk shall notify the oity manager
and shall schedule a public hearing bef<>re the city commission and shall give
notice of such hearing to the appellant. I\t such hearing, the city commission
shall be entitled to consider any exhibits and any minutes or a transcript of the
hearing held bef<>re the city manager in addition to any other matter the
appellant may '.vish to present relating to the grounds of appeal. The deoision
and order of the city commission on such further appeal shall be final and
conclusive.
SeG. 9.41. Transfer prohibited.
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Ordinance No. 7724-07
No bathhouse or bath teohnioian permit shall be transferable, and suoh
authorization as a permit oonfers shall be oonferred only on the permittee named
therein.
ARTICLE III. MASSAGE ESTABLISHMENTS
Sec. 9.61. Minimum standards for massage establishments and licensed
massage therapists.
(1) Eaoh massage establishment, licensed massage therapist and massage
apprentioe who administers massages for oompensation '....ithin the city shall
at all times comply with the requirements of F.S. ch. 480, as may be amended
from time to time, and the rules and regulations of the state board of
massage, including but not limited to the licensure requirements thereof, and
shall obtain an occupational license pursuant to chapter 29, article II.
(2) It shall be a violation for any person to operate a massage establishment
or administer massage for compensation in the city without oomplying with
subsection (1) of this section.
Section 4. Chapter 25. Public Transportation Carriers, Article II, Divisions 1, 2 and
3, Code of Ordinances, is amended to read:
Sec. 25.021. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business tax receipt Oooup3tiona! license means the written authority granted
by the business tax receipt occupational license division pursuant to this article to
engage in a taxicab business in the city.
Business tax receipt Oooup3tion3/ Jioonse division means that agency of the
city responsible for issuing business tax receipts occupational licenses, and shall
include the director of such agency.
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Taxicab company means any business entity of whatever nature or
composition which is licensed by the business tax receipt oooupational lioense
division to operate one or more taxicabs and engage in a taxicab service, and may
be a corporation, partnership, joint venture, natural person, or other individual,
association or combined persons or entities.
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Ordinance No. 7724-07
DIVISION 2. BUSINESS TAX RECEIPT OCCUPATIONAL L1CENSE*
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Sec. 25.051. Required.
(1) It shall be unlawful for any person or taxicab company to own, lease,
control, drive, carry on, engage in or conduct the business of operating one or
more taxicabs for the transportation of persons on the public streets of the city
or dispatched for hire on the public streets of the city without first having
obtained a business tax receipt an occupation311ioense from the business tax
occupational license division atter paying the tax as prescribed by section
29.58. This section shall apply only to taxicab companies that pick up
passengers within the city limits or that have any office or dispatch facilities
located within the city.
(2) Any taxicab company which is licensed by another municipality or county
to conduct a taxicab business and which registers such business tax receipt
occupational license in this city in accordance with section 29.30 shall not be
relieved of the responsibility of complying with this division.
Sec. 25.052. Twenty-four-hour service.
Since there is an existing and continuing public need for 24-hour taxicab
service, and the providing of 24-hour service is recognized as burdensome, it is the
intention of the city that this burden should be equitably and fairly shared. Therefore,
all taxicab companies must operate and provide taxicab service 24 hours a day in
order to receive and retain a business tax receipt an occupationallioonse.
Sec. 25.053. Application.
(1) No taxicab shall be operated for hire on the streets, highways, roads,
avenues, and public ways of the city until its owner, lessee, or controlling
taxicab company has first obtained a valid business tax receipt occupational
license for the taxicab company and a taxicab permit for each taxicab to be
operated for hire within the city.
(2) In order to secure a business tax receipt an occupation31 license an
applicant must provide information on a form provided by the business tax
occup3tionallicense division. The applicant must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States or an alien admitted for
permanent residence who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service;
13
Ordinance No. 7724-07
(c) Not have been convicted of any felony if such violation is related
to the operation of a motor vehicle or with the operation of a taxicab,
and not have been convicted of violating any ordinance governing the
conduct of taxicab business tax receipt oooupationallioense holders.
(3) If the applicant for a business tax receipt an occupational lioense is a
corporation or partnership, then the chief executive officer of the corporation
or, if a partnership, the partner with the greatest proprietary interest, shall
possess all of the requirements set out in subsection (2) of this section.
Sec. 25.054. Investigation of applicants.
Upon the filing of the business tax receipt occupational lioense application,
the business tax receipt oooupational license division and police department shall
make an investigation, including any hearing deemed necessary, as to each
application for license for the operation of the taxicab company. In determining
whether a license shall be issued, the business tax receipt occupational license
division shall determine the fitness of the applicant to engage in the business of
operating taxicabs in accordance with chapter 29, pertaining to licenses.
Sec. 25.055. Issuance.
If the business tax receipt occupational license division finds that the
applicant is qualified to operate a taxicab business pursuant to chapter 29 and that
the applicant has complied with the requirements of this article, a license will be
issued to the applicant. If the business tax receipt oCGupational license division finds
that the applicant is not fit to conduct the taxicab business or the equipment is not fit
for such business in the city, no license will be issued, and notice of the action of the
business tax receipt occupational license division will be given to the applicant
setting forth the reason for the refusal of such business tax receipt license and
informing the applicant of his appellate rights pursuant to chapter 29.
Sec. 25.056. Transfer.
No business tax receipt license shall be transferable except upon application
to and consent of the occupational license division, which shall determine the
qualifications of the proposed transferee in accordance with the provisions of
chapter 29 and this article.
Sec. 25.057. Revocation or suspension.
(1) Upon a finding of due cause, the city manager shall have the authority to
revoke or suspend any business tax receipt oooupational license issued by
the city.
(2) Due cause for the revocation or suspension of an business tax receipt
occupational license shall include but shall not be limited to the following:
14
Ordinance No. 7724-07
(a) Obtaining an business tax receipt occupational license by
providing false information;
(b) Conviction by a court of competent jurisdiction of any shareholder,
partner or member of any corporation, partnership, firm or association,
holding a 51 percent interest or more in the entity, of any of the
following: criminal homicide; rape; aggravated battery; burglary;
aggravated assault; kidnapping; robbery; child molestation; grand theft;
criminal solicitation to commit or attempt to commit any of the crimes
enumerated in this subsection; and unlawful possession, sale or
distribution of any controlled substance which is regulated or prohibited
by F.S. ch. 893, if such violation is related to operation of the company,
or violation of any ordinances of the city governing the conduct of
holders of business tax receipts occupational licenses for the taxicab
business;
(c) Violation of any of the provisions of this article or the traffic
regulations applicable within the city.
(3) No taxicab company business tax receipt occupational license shall be
revoked or suspended except upon a finding of due cause and after a hearing
before the city manager not less than five days following service of a notice to
the company, which notice shall state the place, date, time and purpose of
such hearing and the charges upon which the hearing shall be held.
(4) After revocation of a taxicab company business tax receipt occupational
license, no application for aR business tax receipt occupational license from
the same taxicab company shall be accepted or considered for a period of 12
months from the date of revocation. For the purposes of this subsection, the
term "same taxicab company" means the same natural person, partnership,
corporation, or other business entity which held the revoked license, or any
other partnership, corporation, or business entity having one or more
partners, officers, directors, or members in common with the partnership,
corporation, or other business entity which held the revoked license.
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Sec. 25.073. Same--By chief of police.
Upon approval by the business tax receipt occupational licenso division of an
application for a taxicab company business tax receipt occupational license and the
issuance of such receipt license and compliance with all other provisions of this
article, the chief of police shall issue an annual taxicab permit for each taxicab that
complies with this article.
Section 5. Chapter 25. Public Transportation Carriers, Article III, Division 1, Code of
Ordinances, is amended to read:
15
Ordinance No. 7724-07
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Sec. 25.131. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business tax receipt OCCLJlxl(.iona! licenso means the written authority granted
by the business tax receipt occupational liconso division pursuant to this article to
engage in the public conveyance business in the city.
Business tax receipt Oooupationa! licenso division means that agency of the
city responsible for issuing business tax receipts oooupational license and shall
include the director of such agency.
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Public conveyance company means any business entity of whatever nature or
composition which is licensed by the business tax receipt oooupational licenso
division to operate one or more public conveyances for the transportation of
passengers for hire, fee, or compensation of any kind, and may be a corporation,
partnership, joint venture, natural person, or other individual, association or
combined persons or entities.
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Sec. 25.133. Compliance with article.
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(2) Companies licensed by other municipalities or counties. Any public
conveyance company which is licensed by another municipality or county to
conduct a public conveyance business and which registers such business tax
receipts ocoupational Hoense in this city in accordance with section 29.30
shall not be relieved of the responsibility of complying with this article.
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Sec. 25.135. Annual reports.
Every public conveyance company havinq a business tax receipt licensed to
provide public conveyance service in the city shall, by September 30 October 1 of
each year, submit to the business tax receipt oooupational lioense division the
following information:
16
Ordinance No. 7724-07
(a) A description of the motor vehicle being used as a public
conveyance, setting forth the make, model, year, color, body style,
motor vehicle identification and license tax numbers thereof;
(b) Each public conveyance permit number;
(c) A list setting forth the current names and addresses of all drivers
employed by or contracting with the public conveyance company. Each
public conveyance company shall have available at all times a current
and accurate residential address and telephone number for every
public conveyance driver, and such information shall be released to
any city police officer conducting an active criminal investigation.
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Sec. 25.137. Liability insurance.
(1) It shall be unlawful for the owner or operator of any public conveyance to
drive or operate the public conveyance or to permit it to be driven or operated
upon the public streets of the city unless such owner or operator shall have
first filed with the business tax receipt ocoupational lioense division evidence
of procuring a liability insurance policy, upon which a city is listed as an
additional insured party, issued by a good responsible insurance company, or
a surety bond issued by a good and responsible surety company. Such
insurance company or surety company must have authority to do business as
such in the state. The minimum amount of liability insurance or surety bond
coverage for each public conveyance shall be as follows:
(a) One hundred thousand dollars bodily injury liability for anyone
person injured by reason of the negligent operation of the public
conveyance;
(b) Three hundred thousand dollars bodily injury liability for the
maximum compensation to all persons injured in anyone accident; and
(c) One hundred thousand dollars for all property damage in anyone
accident.
(2) In lieu of subsection (2) of this section, the public conveyance owner or
operator may make application to the state, pursuant to F.S. ~ 324.171, to
qualify as a self-insurer in at least the same amounts as required in this
section. Such owner or operator shall file with the city clerk a copy of the
application and all documentation filed with the state. Upon approval of such
application by the state, a current copy of such approval shall be filed with the
business tax occl:.Ipation::1/ HooRse division. Upon filing such grant of approval
from the state with the business tax OCCUP::1t.iOR::1/ lioonso division, such
owner, operator, or driver shall be entitled to function as a self-insurer until
such time as the approval is revoked, cancelled or otherwise terminated.
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17
Ordinance No. 7724-07
Sec. 25.173. Same--By chief of police.
Upon approval by the business tax receipt occupational HGonso division of an
application for a public conveyance company aR business tax receipt oCGupatfonal
licenso and the issuance of such business tax receipt licenso and compliance with
all other provisions of this article, the chief of police shall issue an annual public
conveyance permit for each public conveyance that complies with this article.
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Section 5. Chapter 28. Streets, Sidewalks, Other Public Places, Article I, Code of
Ordinances, is amended to read:
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Sec. 28.04. Trading and selling on streets.
Except for the sale of ice cream from ice cream trucks on streets in residential
areas, which have been issued a city business tax receipt occupational Hcense for
such use, and unless authorized by Article III of Chapter 22 which pertains to special
events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell,
barter or exchange any goods, wares or merchandise of any kind or nature
whatsoever in or on or over any street, right-of-way or public property, sidewalk or
park within the city.
This section shall not apply to curb service furnished by any regularly
established and licensed place of business in the city, and this section shall not
apply to the holding of bazaars or other sales not made or carried on for personal
profit, where such sales are operated in front of or adjacent to a store or place of
business with the consent of the owner or manager thereof. The prohibition set out
in subsection (1) of this section shall not prevent the operation of a sidewalk cafe on
the public sidewalk where the sidewalk cafe is permitted under the provisions of
section 3-201 C. of the Land Development Code.
Section 6. Chapter 29. Taxation and Other Fees, Article II, Code of Ordinances, is
amended to read:
ARTICLE II. Business Occupational Licenso Tax Receipts
Sec. 29.21. Certificates or examinations required.
No business tax receipt Occupational License shall be issued to any person
otherwise required by ordinance of the city to have a certificate of competency
and/or state license or any other requirements mandated bv ordinance, statute, rule,
law or other provision or to have passed an examination before engaging in a
business or profession in the city, until such person has exhibited to the city
18
Ordinance No. 7724-07
manager proof of having the certificate or of having passed the examination.
Sec. 29.22. Reserved Disclosures required of insuranGe agents.
Any person oonduoting the business, occupation or profession of an
insurance agent shall file a sworn statement listing the n::1me of each insurance
company for which he is acting.
Sec. 29.23. Reserved Business of pro\'iding future consumer services.
Any person applying for an oocupational license in tho city to engage in the
business of providing future consumer services as th::1t term is defined in section
2(a) of county Ordinance No. 77 4 shall, prior to obtaining ::1 city occupationallioonse
and in addition to any other requirement provided in this article, at the time of
application provide proof of complianoe '....ith county Ordinance No. 77 4, including
evidonce of any license obtained ::1nd any bond or affidavit provided.
Sec. 29.24. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
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Business Tax OOOtlpatioRa! LiOfJRSeS means the method by which the city
grants the privilege of engaging in or managing any business, profession or
occupation within its jurisdiction. It shall not mean any fees or licenses paid to any
board, commission or officer for permits, registration, examination or inspection
which are hereby deemed to be regulatory and in addition to and not in lieu of any
business tax Oocupational Licenses imposed pursuant to the provisions of this
article unless otherwise provided by law.
Business Tax Receipt means the document issued bv the city indicatina all
fees. taxes and other associated costs associated with conductina the business at
any and all appropriate locations within the City have been paid.
City Manaaer means the City Manaaer or his desianee.
Department means the department responsible for issuina Business Tax
Receipts.
Director means the person in charae of the department.
Inspector means any person authorized to conduct inspections of business
tax and/or business tax Receipt codes.
19
Ordinance No. 7724-07
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Rental unit means any commercial unit or space or residential or dwelling,
room, apartment, hotel, or motel unit, as may be rented or leased, and located on
one lot, plot or parcel of land.
Taxpaver means any person liable for the taxes imposed under the
provisions of Chapters 7.25. and 29. respectivelv. any aaent reauired to file and pay
any taxes imposed under said provisions. and the heirs. successors. assianees. and
transferees of any such person or aaent. 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.
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Sec. 29.26. Enforcement and inspection--Generally.
(1) The following persons are authorized to conduct inspections In the
manner prescribed in this section:
(a) The city manager shall make all investigations reasonably necessary
for the enforcement of this code.
(b) The city manager shall have the authority to order the inspection of
taxpayers Iicensoes, their businesses records, by any city staff offici31
having duties to perform with reference to such licensees or
businesses.
(c) All police officers shall be empowered to enforce compliance with the
provisions of this article.
(2) All persons authorized in this section to inspect business tax receipts
licenses, businesses or records the authority to enter, with or without search warrant
as the law may require, at all reasonable times, the following premises:
(a) Those for which a business tax receipt license is required;
(b) Those for which a business tax receipt license was issued and which,
at the time of inspection, are operating under such business tax receipt
license;
(c) Those for which a business tax receipt license has been revoked or
20
Ordinance No. 7724-07
suspended.
Sec. 29.27. Police background check.
For the general health, safety and welfare of the citizens of Clearwater, some
business types require a police background check on the owners or operators of the
business. Most of these businesses are identified in the fee schedule of Appendix A
of this Code. From time to time, the director of the department central permitting and
the police chief may identify other businesses which will require a police background
check, but are not so noted in the fee schedule of Appendix A of this Code. Any
business owner. operator who is required to obtain a police backoround check may
furnish a state criminal backoround check if it was completed by a State reoulatorv
aoency within 6 months of the application for a business tax receipt and the
backoround check can be verified as beino completed by that aoency. If the
applicant elects to provide the alternative backoround check. it shall be the
responsibility of the applicant to provide the proof of passino such backoround
check. The City may require a City backoround check on a case-by-case basis if
there are Questions about the validity or accuracy of a backoround check provided
by the applicant.
Sec. 29.28. Evidence of engaging in business.
ill For the purposes of this article, any person offering a service or
product to the public at a given location by any means, whether or not a transaction
takes place, shall be liable for aR-business tax receipt Occupational Licenses for that
business.
(2) Any principal business that utilizes or requires any contractor. sub-
contractor or any other type of business that also requires a business tax receipt
shall obtain proof and maintain the record of the business tax receipt of the
contractor. sub-contractor or anv other type of business. The contractor. sub-
contractor or any other type of business shall not be able to perform the service.
occupation or business on the premises of the principal business until a business tax
receipt has been obtained.
Sec. 29.29. Determination of classifications.
If there is a disagreement between the applicant and city staff on the question
of proper classification for any business, occupation or profession for business tax
receipt license purposes, the city manager shall decide the proper classification, but
the applicant has the right to appeal this decision to the e-City commission Manaoer
whose decision shall be final. .
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Ordinance No. 7724-07
Sec. 29.30. Business Tax Receipt License required.
(1) Any person who maintains a permanent or temporary business
location or branch office within the city to manage a profession, business or
occupation shall first obtain a city business tax receipt lioense for each location and
pay the appropriate fee as prescribed in Appendix A of this Code. Such business tax
receipt license shall be signed by the director of the department central permitting
and shall have the city seal affixed.
(2) Any person who does not maintain a permanent business location or
branch office within the city but who transacts any business or engages in any
occupation or profession in interstate commerce where such business license tax is
not prohibited by section 8 of article 1 of the United States Constitution shall also be
liable for obtaining a city business tax receipt Occupation:]1 Licenses.
(3) Any person who does not maintain a permanent business location or
branch office within the city but who desires to transact a business or within the city
shall register with the city manager the business tax receipt license of that
municipality or other governmental subdivision in which they maintain a permanent
business location, or if no business tax receipt lioense is required by the other
municipality, a registration of the business shall be required, unless otherwise
provided by this article. Such registration shall be accomplished prior to the
commencement of the business, shall be subject to a registration fee as prescribed
in appendix A to this Code and shall be valid from the date of issuance to the next
succeeding September 30 October 1.
(4) The burden of securing a business tax receipt n Ocoupational Licenses
rests with the principal of a business, but in the event of noncompliance by the
principal, his agent or employee shall be subject to the same enforcement policies.
(5) For properties with multiple businesses, a business tax receipt R
Occupational Licenses shall be required for each business.
(6) Accessory uses, as defined by this article, shall be exempt from
business tax receipt Occup:]tional Licenses requirements.
(7) Each business shall display the business tax receipt in a prominent
location within the individual business location. Each reoistered
business shall have the business tax receipt or a copy of the business
tax receipt inion possession of the business representative(s) while
conductino business within the City.
Sec. 29.31. Issuance requirements for new businesses.
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Ordinance No. 7724-07
(1) A business tax receipt license shall be issued pursuant to this article
for any new business, occupation or profession when all applicable conditions are
satisfied.
(a) The application for a business tax receipt n Occupational Lioenses has
definitely stated the exact location at which the business shall be
operated and a zoning official has verified that such business,
occupation or profession is allowed under the community ./aRe
development code, section 4-205 36.061 .
(b) The application has been approved by the police chief when required
for the business, occupation or profession.
(c) The application has been approved by the CGity ManaQer commission
when required for the business, occupation or profession.
(d) The application has been approved by the county health department
when required for the business, occupation or profession.
(e) The application has been approved by the harbormaster when required
for the business, occupation or profession.
(f) The application has been approved by the building official when
occupancy of a vacant or reconstructed business premises is involved.
(g) The application has been completed without failure to disclose or
misrepresentation of the information required.
(2) No business tax receipt license shall be issued for any business that
intends to engage in an unlawful activity, as part of its business.
(3) Within 30 days of the submittal of an application, the director of the
department oentral permitting shall issue a business tax receipt Iioense or notify the
applicant in writing setting forth the grounds for the city's refusal to issue a business
tax receipt lioense. The applicant shall have the right of appeal as specified in
section 29.44.
Sec. 29.32. Single business tax receipt IiceAse for more than one business tax
receipt license.
In all cases where the same person or corporation must obtain more than one
business tax receipt license for the business operated at the same location, that
person or corporation may be issued a single license business tax receipt describing
the various business tax receipt license categories represented by such certificate.
In such a case the amount paid for the business tax receipt license shall be the
23
Ordinance No. 7724-07
same as if individual certificates are issued. This section shall serve only to permit
the city to consolidate the separate business tax receipt license into one certificate.
Sec. 29.33. Duplicate Business Tax Receipts license issuance.
Duplicate business license tax receipts may be issued by the director-Gity
manager. An administrative fee as prescribed in appendix A to this Code will be
assessed for each duplicate business tax receipt license issued.
Sec. 29.34. Applicability to certain professions.
The required tax in section Appendix A 29.58 for architects, auctioneers,
auditors, accountants, attorneys, dentists, draftsmen, engineers, chiropractors,
physicians, real estate brokers and sales associates, and other similar professions
shall be construed to mean that each individual person shall pay the tax provided for
in this article whether practicing by himself, employed by another, or in a
partnership, corporation or professional association, except where the professional
services of a particular employee are wholly utilized by the employer and are not
available to the public, either privately or in the name of the employer.
Sec. 29.35. Tenants in municipally owned or leased facilities.
Persons engaged in any business, occupation or profession on or in
municipally owned or leased facilities must obtain a business tax receipt R
Occupational Licenses unless exempt by law, ordinance or statute.
Sec. 29.36. Business Tax receipts license required for each lease department.
Every person operating what is commonly known as a lease department in
any store shall pay a business tax license fee for the operation of each department
so leased according to the proper classification of the business or occupation as set
forth in this article.
Sec. 29.37. Identification on trucks required.
Any and all trucks or other vehicles operated or used in connection with any
contracting, building, delivery, maintenance, repair service, or manufacturing
business or occupation conducted within the city shall have painted or otherwise
prominently displayed in a visible and legible manner upon such truck or other
vehicle, the name.L..aflG address and telephone number of the business in which such
truck or other vehicle is used. Such information shall be displaved painted on both
24
Ordinance No. 7724-07
sides of the vehicle and the letters in such sign shall be a minimum height of three
inches.
Sec. 29.38. Transfer.
(1) Business tax receipts Licenses issued by the city may be transferred
with the approval of the director of the department central permitting subject,
however, to the following conditions:
(a) All business tax receipts license may be transferred to a new owner
when there is a bona fide sale of the business upon payment of a
transfer fee as prescribed in appendix A to this Code and presentation
of evidence of the sale and the original business tax receipt license.
(b) Upon written request and presentation of the original business tax
receipt license, any business tax receipt license may be transferred
from one location to another location in the city upon payment of a
transfer fee as prescribed in appendix A to this Code. Such transfers
shall be accomplished provided the applicant receives approvals from
zonino submits a land use certificate as required by the community
Jami development code and the required building and fire inspections
have been accomplished.
(c) Where the taxpayer licensee has been exempted from payment of all
or any part of the business license tax therefore, any such business tax
receipt license shall not be transferable pursuant to this section.
(d) Holders of alcoholic beverage licenses shall comply with chapter 6 of
this Code.
(e) The activity in which the new business engages, as part of the
business, must be lawful.
(f) The transferee must meet the requirements of the Code to obtain a
business tax receipt n Occupational Lioenses.
(2) Within 30 days from the date the applicant submits the request, the
director of the department central permitting shall transfer the business tax receipt
lioense or notify the applicant in writing setting forth the grounds for the city's refusal
to transfer the business tax receipt license. The applicant shall have the right of
appeal as specified in section 29.44.
Sec. 29.39. Review upon renewal.
(1) Upon the annual renewal of all business tax receipt licenses, any
business tax receipt license may be reviewed to determine if all applicable
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Ordinance No. 7724-07
provisions of this article, state, county, city and/or federal laws, ordinances, rules
and regulations have been complied with, by the taxpaver licensee.
(2) When the taxpaver licensee has failed to comply with, follow or adhere
to any applicable provisions of this article, state law or city ordinance, rule or
regulation, the director of the department central permitting may deny the re-
issuance of the business tax receipt license only after complying with the
requirements contained in section 29.41 of the Code.
Sec. 29.40. Delinquent Ppenalties.
(1) All business license taxes imposed by this article shall be due and
payable on September 30 October 1 of each year and shall expire on September 30
of the succeeding year. Those business tax receipts licenses not renewed by
September 30 October 1 shall be considered delinquent and shall be subject to an
administrative fee and delinquency penalty as per Appendix A. It is the duty of an
inspector the code enforcement officer, occupational license_or a law enforcement
officer to make affidavit of 'Jiolation and request for hearing, and to cause such
person or persons or officers and directors of any corporation to be brought before
the Municipal Code Enforcement Board or the county court utilizinQ processes as set
forth in Article 7 of the Communitv Development Code. and Florida State Statutes
,as amended from time to time.
(2) Each business tax receipt license required by this chapter shall be
obtained prior to the commencement of business or the practice of a profession and
if not, shall be subject to an administrative fee and penalty as per Appendix A, in
addition to the penalties of section 1.12.
Sec. 29.41. Right to revoke or deny.
(1) Subject to the requirements contained in subsection (2) of this section,
the director of the department central permitting may revoke any
business tax receipt license granted pursuant to this article for cause,
and may deny the re-issuance of a business tax receipt license to an
established business for cause. For the purpose of this section,
"cause" exists when the taxpaver licensee commits or permits any of
the following violations:
(a) The taxpaver licensee maintains or allows a nuisance to be maintained
at the business licensed premises. As used in this subsection, the term
"nuisance" shall mean engaging in any activity or permitting any
activity on the business licensed premises declared to constitute a
public nuisance in section 3-1503 of the Communitv Development
Code ~, or proscribed by F.S. ch. 796, ~ 798.02 or ch. 800, or any
amendments thereto or proscribed by sections 6.43 or 21.13 of the
Code;
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Ordinance No. 7724-07
(b) The taxpayer licensee engages in or permits disorderly or immoral
conduct on the business lioonsed premises;
(c) The taxpayer lioensee causes or permits the playing of any form of
music either by mechanical device or live performance in such a
manner that the sound is audible beyond the property line of the
business licensed premises where the music is being played or
performed in violation of any state law, or local ordinance;
(d) The taxpayer licensee commits or permits within the permit year the
same violation of the Code on the business licensed premises three or
more times;
(e) The taxpayer licensee has violated on the premises any county
ordinance, state or federal statute or rule or regulation pertaining to the
activity which has been business licensed pursuant to this article;
(f) The taxpayer licensee fails to secure and maintain adequate offstreet
parking facilities for use by patrons of the business premises;
(g) The taxpayer licensee to comply with the fire prevention ordinances of
the city, after reasonable notice has been given to the taxpayer
licensee to eliminate or correct any condition in violation of such
ordinances on the business licensed premises;
(h) The taxpayer licensee fails to maintain a safe building or system on the
business licensed premises in accordance with section 47.161 of the
Code after reasonable notice has been given to the taxpayer licensee
to eliminate or correct the unsafe condition.
(2) Upon discovering that cause exists to revoke or deny the re-issuance
of a business tax receipt license, the director of the department central permitting
shall issue the taxpayer lioensoe a written warning requesting the taxpayer licensee
to eliminate the violation within 30 days from receipt of the warning and notifying the
taxpayer licensee of the city's intent to revoke or deny the re-issuance of the
business tax receipt license if the violation is not corrected. If the business licensee
willfully fails to eliminate the violation or if the taxpayer licensee permits the violation
to reoccur within 90 days from the date of the taxpayer Iioensee's receipt of the
warning, the director of the department central permitting shall issue another written
warning notifying the taxpayer licensee of the city's intent to revoke or deny the re-
issuance of the business tax receipt license if the violation is not corrected within 30
days from receipt of the second warning. If the taxpayer licensee willfully fails to
eliminate the violation or if the taxpayer licensee permits the violation to reoccur
within one year from the date of the taxpayer licensee's receipt of the second
27
Ordinance No. 7724-07
warning, the director of the department centr::!1 permitting shall issue the taxpayer
licensee a written notice setting forth the grounds for the city's intent to revoke or
deny the re-issuance of the business tax receipt license. Within ten calendar days
from the date the director of the department central permitting notifies the taxpayer
licensee of the city's intent to revoke the business tax receipt license or deny the re-
issuance of the business tax receipt license for cause, the business tax receipt
license shall be automatically revoked or nonrenewable, unless the taxpayer
licensee files with the city clerk a written statement setting forth fully the grounds for
such 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
within 30 calendar days from the date the written statement was filed. The taxpayer
licensee shall be given written notice of the hearing by certified mail return receipt
requested and shall have an opportunity to present evidence on his or her behalf, to
cross examine witnesses, and to be represented by counsel. The city shall have the
burden of proof by a preponderance of the evidence, and the city manager's
decision shall be based solely on the evidence presented at the hearing. Within ten
calendar days of the hearing, the city manager shall file with the city clerk's office
and shall serve on the taxpayer licensee a written decision containing findings of fact
and conclusions of the legal basis for the decision. Within 30 days of the date the
city manager files the decision with the city clerk, the decision shall become final
unless the taxpayer licensee files a petition for a 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.
(3) Any taxpayer licensee or any who has had a business tax receipt R
Occupation::!1 Licenses revoked or has had the issuance or renewal of the business
tax receipt license denied pursuant to subsection (2) of this section, shall not be
eligible to submit an application for another business tax receipt license to conduct
another business in the city until one year has expired from the date the business
tax receipt license 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.
(4) Any taxpayer licensee who has had a business tax receipt R
Occup::!tional Licenses revoked or has had the renewal of the business tax receipt
license denied pursuant to subsection (2) of this section and who seeks to engage in
a business involving the sale or rental of materials protected by the First Amendment
or the presentation or the performance of entertainment protected by the First
Amendment shall be eligible to submit immediately an application for a new
business tax receipt license to conduct another business protected by the First
Amendment at a different location subject to further review to determine the taxpayer
Iicensoe 's compliance with applicable laws, statutes and the issuance requirements
of section 29.31.
28
Ordinance No. 7724-07
(5) The director of the department central permitting shall not issue a
business tax receipt n Occupational Licenses if the director finds that:
(a) The applicant, if an individual, or any of the co-owners, if the applicant
is not an individual, does not seek to engage in a business involving
the sale or rental of materials protected by the First Amendment or the
presentation or performance of entertainment protected by the First
Amendment and has, within three years previous to the date of
application:
1. Been convicted, been on house arrest, probation, or parole, or
been incarcerated for any felony involving fraud or dishonesty,
any offense involving moral turpitude, any offense involving
sexual misconduct with minors, any offense involving a lewd or
lascivious act or prostitution, or criminal solicitation to commit or
attempt to commit any of the above; or
2. Been convicted, been on house arrest, probation, or parole, or
been incarcerated for any felony involving the use of or threat to
use force or violence upon the person of another, or for criminal
solicitation to commit or attempt to commit any such felony;
(b) The applicant, if an individual, or any of the co-owners, if the applicant
is not an individual, seeks to engage in a business as an adult use
establishment as defined in section 8-102 of the Community
Development code. 41.505 9f in employment as an entertainer in such
a business, or in emplovment as an exotic dancer reoardless of
whether the business is an adult use establishment. when the business
involves the sale or rental of materials protected by the First
Amendment or the presentation or the performance of entertainment
protected by the First Amendment and when the applicant has been
convicted of a specified criminal act unless:
1 . More than one year has elapsed since the latter of the date of
conviction or the date of release from confinement, probation or
parole imposed for the conviction of a misdemeanor offense or
ordinance violation; or
2. More than three years elapsed since the latter of the date of
conviction or the date of release from confinement, probation or
parole imposed for the conviction of a felony offense; or
(c) The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the permit application or in any document required
by the city in conjunction therewith. A person denied a business tax
29
Ordinance No. 7724-07
receipt n Occupational Licenses pursuant to this subparagraph may
not apply for a business tax receipt license for a period of one year
following the denial.
For the purposes of this section, the term "conviction" shall include any
disposition of a criminal case involving the imposition against applicant
of a fine, probation, incarceration, or other adverse sentence of a
punitive nature, whether or not the applicant has been formally
adjudicated guilty;
For the purpose of this section, the term "specified criminal act" shall
include the following:
(a) An offense under F.S. Ch. 794 (relating to sexual battery);
(b) An offense under F.S. Ch. 796 (relating to prostitution);
(c) An offense under F.S. ~ 798.02 and Ch. 800 (relating to
lewdness and indecent exposure);
(d) An offense under F.S. ~ 827.071 (relating to sexual
performance by a child);
(e) An offense under section 6.43 of the Code (relating to lap
dancing); or
(f) An offense under an analogous statute of a state other than
Florida, or under an analogous ordinance of another county or
city.
(6) The director of the department central permitting, upon denying an
applicant pursuant to subsection (5) of this section, shall notify the applicant of the
denial within 30 days of the submittal of the application or within 30 days of the
receipt of any police background investigative report that is required by a certain
occupational classification or sub-classification. The director of the department
centr::lI permitting shall state the reasons for the denial in writing, specifying the
particular grounds for such denial.
(7) Any applicant aggrieved by the actions of the director of the
department central permitting in the denial of an application pursuant to subsection
(5) of this section shall have the right of appeal as specified in section 29.44.
Sec. 29.42. Provisional Iisense. and emergency issuance of business tax
receipts
(1) The director of central permitting shall issue a provisional business tax
30
Ordinance No. 7724-07
receipt license, upon reauest. whenevef a police background investigation is
required by a certain occupational classification or sub-classification after a period of
30 days followina submittal of the completed application provided as long ::lS the
applicant has satisfied all other business tax receipt licensing requirements except
for completion of the police investigation and provided as long as the applicant has
completed the information requested on the background information report and the
personal data report used by the police department in conducting the background
investigation. At such time as a favorable police investigation is received, the
provisional designation shall be removed and the business tax receipt license shall
have the character of a regularly issued business tax receipt license for the
classification or sub-classification involved. A provisional business tax receipt license
shall be no less effective than a regular business tax receipt license, except that
such business tax receipt license shall be considered void ab initio upon receipt by
the director of central permitting of a completed police investigative report which
contains information which, if known by the inspector at the time of application,
would have been grounds for denial of the application.
(2) Upon receipt of a police investigative report containing information that
the applicant is not qualified to obtain a business tax receipt an occupational license
pursuant to the requirements contained in section 29.41 (5), the city manaaer or
his/her desianee director of contral permitting shall notify the applicant of the denial
within 30 days of the receipt of the investigative report. The city manaaer or his/her
desianee director of central permitting shall state the reasons for the denial in
writing, specifying the particular grounds for such denial. The police chief or his/her
desianee shall be responsible to take all necessary actions to nullify the provisional
business tax receipt. The applicant shall have the right of appeal as specified in
section 29.44.
(3) The director has the authority to arant a temporary business tax receipt
under exiaent circumstances. such as natural disasters, when the ability to conduct
a backaround check would be impractical. unreasonable or impossible to complete.
The time the business tax receipt shall be valid shall be for a period of time as
directed by the Director, who will base his determination on the dearee the exiaent
circumstances exist.
Sec. 29.43. Registration of exempt persons or organizations.
Any natural person, partnership, organization, corporation or other entity
which would be required to obtain an business tax receipt Occupational Licenses
pursuant to this article but for the exemptions permitted by F.S. ch. 205 shall register
with the city manager and complete an appropriate application which shall disclose
the address of the business, the nature of the business, and such other relevant
information as the city manager may request to support the claimed exemption.
There shall be no fee required for such application and registration and re-
registration shall not be required unless the address of the business or the character
31
Ordinance No. 7724-07
or nature of the business is changed.
Sec. 29.44. Appeals.
Any applicant or licensee taxpayer who has been denied the issuance or
transfer of a business tax receipt n Occupational Licenses pursuant to section 29.31,
29.38 or 29.41 (5) shall have the right of appeal to the city manager. Within ten
calendar days from the date the city notifies the applicant or taxpayer licensee of the
city's decision to deny the issuance or transfer of a business tax receipt R
Occupational Licenses, the applicant or taxpayer licensee shall file with the city clerk
a written statement fully setting forth the grounds for such 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 within 30 days atter the
filing of the written statement. The applicant or taxpayer licensee shall be given
written notice of the hearing by certified mail return receipt requested and shall have
an opportunity to present evidence on his or her behalf, to cross examine witnesses,
and to be represented by counsel. The city shall have the burden of proof by a
preponderance of the evidence, and the city manager's decision shall be based
solely on the evidence presented at the hearing. Within ten calendar days of the
hearing, the city manager shall file with the city clerk's office and shall serve on the
applicant or taxpayer licensee a written decision containing findings of fact and
conclusions of the legal basis for the decision. The decision of the city manager shall
be final and conclusive, subject to judicial review by common law certiorari in the
circuit court for Pinellas County. The applicant or taxpayer licensee may abate the
enforcement of the denial by filing a petition for a writ of certiorari and obtaining a
temporary injunction or temporary restraining order.
Sec. 29.45. Business tax receipt License no protection from prosecution for
unlawful conduct of business.
No business tax receipt license issued pursuant to the provisions of this
article shall:
(1) Protect any person from prosecution for transacting any business,
trade or profession not covered by such business tax receipt license;
(2) Protect any merchant doing business with a greater stock in trade than
covered by such business tax receipt license; or
(3) Any hotel keeper or landlord or manager of a residential development
having a greater number of rooms or units than is covered by such
business tax receipt license.
*
*
*
*
*
*
Sec. 29.47. Regulatory fees for non:city businesses.
32
Ordinance No. 7724-07
Any business, occupation or profession that does business in the city that is
not required to pay a business n occupation license tax and for which regulation has
not been preempted by the state or the county charter, shall pay a regulatory fee
equal to the occupation license business tax set forth in section Appendix A ~,
provided that over 50 percent of the revenue of the business, occupation or
profession is derived in the city. The business, occupation or profession claiming
exemption under the 50 percent requirement shall bear the burden of proof.
Sec. 29.48. Cumulative effect of article.
Fees paid pursuant to this article are not in lieu of other fees and taxes
required by other city departments, boards, commissions or officers for permits,
registration, examination, inspection or other regulatory purposes. The provisions of
this article are cumulative and in addition to all other federal, state, county and
municipal laws providing for the collection of taxes, business tax receipt license and
permit fees and charges.
Sec. 29.49. Penalty for violation of article.
Any person who violates any of the terms of this article may be ordered to pay
a fine by the municipal code enforcement board in accordance with Article 7 of the
Community Development Code chapter 2, article III, division 9, or may be cited by
an inspector or law enforcement officer a code enforcement officer and be subject to
the imposition of a civil penalty in accordance with section 1.12(3). Any violation of
this article which is subject to a civil penalty as set forth in section 1.12(3) shall be a
class 11 V violation.
Sec. 29.50. Debt to the city.
The amount of any business license tax, fee and penalty imposed by the
provisions of this article is hereby declared to be a debt due to the city, and any
person carrying on any business without first having procured a business tax receipt
license from the city to do so shall be liable to the city for the amount of such
business license tax, administrative fee and penalty recoverable in any court of
competent jurisdiction.
Sec. 29.51. Reserved Required for each separate location of business.
A separate license certificate shall be required for each location of a business
unless otherwise providod f-or in this article.
Sec. 29.52. Payment of fees prerequisite to issuance of business tax receipt
license.
It is the intent of the city to grant valid business tax receipts Occupational
Licenses only to those applicants who have fully and faithfully paid the required fees
33
Ordinance No. 7724-07
as established in the schedule of fees in Appendix A in this Code. No business tax
receipt license shall be valid until all fees are so paid. A dishonored bank draft,
check or other similar non-cash payment shall be in direct contravention of the intent
expressed in this section. Any business tax receipt Occupational Licenses issued to
any applicant whose payment is subsequently dishonored shall be void ab initio.
Sec. 29.53. Pro-ration.
No business tax receipt license shall be issued for more than one year. For
each business tax receipt license obtained between October 1 and March 30April 1,
the full tax for one year shall be paid, and for each business tax receipt license
obtained between April 1 and September 30, one-half of the full tax shall be paid.
Sec. 29.54. Computation based on stock on hand; affidavit.
In all cases where the business license tax depends on the stock of
merchandise, the tax shall be computed according to the stock of merchandise the
applicant will have on hand as of the first day of the business tax receipt license year
for which the business tax receipt license is issued. In all such cases the applicant
shall file with the city manager an affidavit stating as accurately as possible the value
of the stock of merchandise on hand as of the first day of the business tax receipt
license year, and also stating the exact value of the stock of merchandise as shown
by the last merchandise inventory taken by the applicant.
Sec. 29.55. Adjustment.
If a taxpayer licensee shall effect a change in or of status in his business by:
(1) Augmenting the volume of business done by him;
(2) Expanding the size of his business, plant or premises;
(3) Increasing the number or size of his vehicles; or
(4) Making any other lawful and material change of any kind in his
business;
the city manager shall require the payment of an additional or higher business tax
receipt license fee, to be prorated for the balance of the business tax receipt license
year.
Sec. 29.56. Rebate.
No portion of any business Occupational Licenses tax assessed in this article
shall be rebated, unless it clearly appears that such business license tax was
collected by mistake or error. Before making such rebates to a taxpayer licensee, all
34
Ordinance No. 7724-07
amounts payable under a proper business tax receipt license shall be paid by such
licensee taxpayer.
Sec. 29.57. Failure of due notice.
It shall be no defense for nonpayment of any business tax receipt Iioense fee
required by this article that the taxpayer licensee did not receive any bill or notice
from the city that such fee was due.
Sec. 29.58. Reserved. Transitional Rules
(1) The use of the term "Occupational License" in any ordinance. policv.
procedure. document or other communication of the City shall mean "Business
Tax Receipt" effective January 1. 2007.
(2) Anv ordinance. policv. procedure. document or other communication of the
City that refers to "Occupational License" shall be valid until such time as the
ordinance. policv. procedure. document or other communication of the City is
amended or expires.
(3) All occupational licenses that have been issued and are currentlv valid shall
be considered valid business tax receipts until September 30.2007.
Sec.29.59 Prima facie evidence of operatina a business without a business tax
receipt
A. Prima facie evidence of operatino a business without a business tax
receipt shall include but not be limited to conductino one or more of the followino
activities without havino obtained said receipt:
(1) Conductino any business. leoal or illeoal. in which anvthino of value.
includino money. services. product. or any other consideration is
exchanoed or intended to be exchanoed in the future:
(2) Advertisino in any form for a business indicatino the business is operatino
within the city limits of Clearwater:
(3) Holdino out a product or service. leoal or iIIeoal. for monetary oain or
exchanoe. barter. or any other consideration. present. past or future
(4) Havino documentation associated with professional licenses. corporations.
fictitious names. public and/or private records or any other source
indicatino a business is located within the City.
B. It is not a defense to a notice of violation. notice to appear or other citation
for operatino a business without a business tax receipt that a business tax
receipt is not required where the business. leoal or illeoal. cannot obtain
approvals from the City.
35
Ordinance No. 7724-07
*
*
*
*
*
*
Section 7. Chapter 33. Waterways and Vessels, Article II, Code of Ordinances, is
amended to read:
*
*
*
*
*
*
Sec. 33.022. Same--Enforcement.
Under the direction of the city manager, the harbormaster is authorized and
directed to enforce rules and regulations established pursuant to section 33.021 and
to assist in the collection of business occupational license taxes and other charges
levied and imposed by city ordinances.
*
*
*
*
*
*
Section 8. Appendix A, Code of Ordinances, is amended to read:
APPENDIX A SCHEDULE OF FEES, RA lES AND CHARGES*
*
*
*
*
*
*
TABLE INSET:
Page
I.
Adult Uses..........
CDA:3
II.
Amusements..........
CDA:3
III.
Animals..........
CDA:3
IV.
Qat/:1/:1011ses and Massage Establishments..........
CDA:3
V.
Reserved..........
CDA:3
VI.
Cemeteries........ ..
CDA:3
36
Ordinance No. 7724-07
VII. Erosion and Siltation ControL....... CDA:4
VIII. Reserved.......... CDA:4
IX. Fire Department Training Facility.......... CDA:4
X. Library.......... CDA:4
XI. Parks, Beaches, Recreation.......... CDA:4
XII. Peddlers, Solicitors and Canvassers.......... CDA:7
XIII. Police Department.......... CDA:7
XIV. Public Transportation Carriers.......... CDA:8
XV. Reserved.......... CDA:8
XVI. Reserved.......... CDA:8
XVII. Reserved.......... CDA:8
XVIII. Reserved.......... CDA:8
XIX. Streets, Sidewalks, Other Public Places.......... CDA:8
xx. Reserved. TaxatioA aREI Ott-Jer Foss.......... CDA:10
XXI. Traffic and Motor Vehicles.......... CDA:17
XXII. Transportation Impact Fee.......... CDA:18
XXIII. Tree Protection.......... CDA: 18
XXIV. Utilities--Generallnformation and Deposits.......... CDA:18
37
Ordinance No. 7724-07
xxv.
Public Works Utility Fees, Rates and Charges..........
CDA:21
XXVI.
Clearwater Gas System Fees, Rates and Charges..........
CDA:43
XXVII.
Waterways and Vessels..........
CDA:55
XXVIII.
Business Tax Receipt Occl:ll'lational License Fees..........
CDA:55
Subject Amount
*
*
*
*
*
*
xx. TAXATION AND OTHIiR FEES: RESERVED
(1) Qcc/;Jf)atfona! liconso ta-x:
(a) Registration fee for persons not m3intaining 3 perm3nent
busineEs (S 29.30(3)) . . . 25.00
(b) Duplic3te license fee (s 29.33) . . . 10.00
(c) Transfer fee (s 29.38(1), (2)) . . .3.00
(Ord. No. 5887 95, S 1, 8 17 95; Ord. No. 6533 00, S 1, '1 20 00)
*
*
*
*
*
*
XXVIII. BUSINESS OCCUPATIONAL LICENSE TAX FEES:
TABLE INSET:
Category No.
Sub CateQorv C t
N aegory
~
001.000
002.000
003.000
OOJ.010
Fee
ABSTRACT OR TITLE COMPANIES Abstract or title Goml'lanies ..........
$243.00
ADMINISTRATIVE OFFICE .^.sministrative office ..........
90.75
ADVERTISING OR MARKETING '/\s'.<er1isin€l or marketing
003.010
Agency, generaL.........
66.50
38
Ordinance No. 7724-07
003.020
003.030
003.040
003.050
003.070
003.080
003.090
004.000
005.000
005.010
005.020
005.030
005.040
005.050
005.060
005.070
005.080
005.090
006.000
003.020
Coupon book publisher or distributor (See note B)..........
121.25
003.030
Directory or guidebook publisher..........
121 .25
003.040
Handbill or sample distributor..........
66.50
003.050
Soliciting for publication not listed in city..........
54.25
003.070
Reserved Outd9or signs, advertising for other than the 9l-lsiness on the
premises..........
~
003.080
Welcome or greeting service..........
60.50
003.090
Trade inducement business, NOC..........
133.50
ADULT ENTERTAINMENT ESTABLISHMENT Adl-llt entertainment
esta91ishment (See note B; and C) See Chapter 41 , P.rtiele V)
1,215.25
AGENT OR AGENCY Agent or agency (See also brokers):
005.010 Book or magazine.......... 54.25
005.020 Claim or collection (see note B).......... 133.50
005.030 Credit reporting and mercantile.......... 78.75
005.040 Employment. General Aaencv.......... 78.75
005.041 Emplovment. Dav Labor (See notes B and C) ......... 78.75
005.042 Emplovment. Staff Leasina / T emporarv Service... ... .... 78.75
005.050 Manufacturers/sales representative, NOC.......... 54.25
005.060 Private detective or company (See note Ii Q).......... 133.50
005.070 Property management or leasing.......... 66.50
005.080 Talent (see note D).......... 78.75
005.090 Travel (see note D).......... 90.75
AIRCRAFT AifGfaft (See note B; requires Engineering Marine and Aviation
Dept. approval):
39
Ordinance No. 7724-07
0013.010 006.010 Charter or rental (See note B: reauires Marine and Aviation Dept. 133.50
approval)..........
006.020 006.020 Flying instruction (See note B. reauires Marine and Aviation Dept. 133.50
approval)..........
OOe.OdO 006.030 Passenger service (See note B. reauires Marine and Aviation Dept. 133.50
approval)..........
OOe.O~O 006.040 Sales, new or used (See note B. reauires Marine and Aviation Dept. 133.50
approvaIL.......
006.050 006.050 Servicing (See note B. reauires Marine and Aviation Dept. approvaIL....... 133.50
0013.0130 006.060 Storage, field or hangar (See note B. reauires Marine and Aviation Dept. 133.50
approvaIL.......
007.000 AI RPORT :;AifpGft (See note B, Reauires Marine and Aviation Deot. 273.25
approval)..........
008.000 ALARM SYSTEM MONITORING: Fire. Buralarv. Medical .^,larm system 66.50
b~siness , fire, b~rgI3ry, medical monitoring (See note B)..........
009.000 AMBULANCE SERVICE Ambulance service (See article III of chapter 66.50
25)..........
Plus each PEN'vehicle.......... 24.00
010.000 ANIMALS AAimals
010.010 010.010 Kennel/Boardina. BreedinQ (See note CL....... 66.50
010.0dO 010.030 Groomer.......... 54.25
011.000 APPRAISER Appraiser (See note D for real estate).......... 78.75
012.000 ARMORED CAR SERVICE Armored car service (See note B).......... 66.50
Plus fG!: each vehicle.......... 24.00
013.000 ARTIST.( includes qraphic desian) Mist .......... 90.75
014.000 AUCTIONEER A~ctioAeer (See notes B and D).......... 267.00
OH .01 0 014.010 Auction gallery (See notes B and D).......... 820.00
40
Ordinance No. 7724-07
015.000 AUDITOR AYditaf.......... 84.75
016.000 AUTOMOTIVE Al:ltoFl1oti'lo:
016.010 016.010 Dealership - Sale of new and used vehicles .......... 486.00
016.020 016.020 Dealer - Sale of only used motor vehicles (See Note D).......... 364.50
0113.030 016.030 Garage - General repairs or replacements (See note D), for 10 bays or 90.75
less..........
0113.031 Plus,f:ef each additional bay.......... 12.00
016.040 016.040 Rental- Autos, trucks, recreational vehicles.......... 182.00
0113.050 016.050 Parking lot, permanent or temporary (See note C)
016.051 016.051 1--10 spaces.......... 30.00
016.052 016.052 11--50 spaces.......... 42.25
016.053 016.053 Over 50 spaces.......... 90.75
016.060 016.060 Storage
0113.061 016.061 1--50 spaces.......... 66.50
016.062 016.062 Over 50 spaces.......... 133.50
0113.070 016.070 Washing and polishing.......... 30.00
0113.080 016.080 Wrecker or towing service.......... 54.25
016.090 016.090 Service station, per fuel pump.......... 30.00
017.000 BAIT DEALER Bait doaler.......... 42.25
018.000 BAKERY Bakery €lOOdE , retail.......... 66.50
019.000 BANKS BaRk&(including savings and loan associations) for each bank 303.50
location main or branch ..........
019.010 019.010 Automatic teller machines, each machine .......... 121.50
41
Ordinance No. 7724-07
020.000
021.000
021.010
022.000
022.010
024.000
023.010
023.020
023.030
023.040
023.041
024.000
024.010
024.020
024.030
024.040
024.050
024.0130
025.000
021.010
023.010
023.020
023.030
023.040
023.041
024.010
024.020
024.030
024.040
024.050
024.060
BARTENDER Bartender, free lance..........
60.50
BATHHOUSE Bathhel:lse (see chapter Q divisien III)..........
3Q,OO...-
Technician......... .
ee...ao-
BEAUTY SALON/BARBER SHOP. NAIL SALON. TANNING SALON. (See
Note D)........ Beauty salon/barber shol'l, nail salen, tanninQ salon
48.25
Plus, fa!: each chair or booth (see nete D)..........
12.00
Manicurist (see note D)..........
3Q,OO...-
BOATS AND BOAT TRAILERS Boats ami boat traileFs: (includes iet skis
and wave runners)
Dealers..........
121.50
Repairs and service..........
72.50
Rental (needs harbormaster Marine and Aviation Dept approval) (includes
iet skis and wave runners)..........
42.25
Storage..........
90.75
Washing and polishing..........
30.00
BOAT. PASSENGER, each boat Boats, passenger (needs harbormaster
Marine and Aviation Deot approval) (includes charter. oarasail and shuttle
service) :
1--15 passengers..........
48.25
16--25 passengers..........
66.50
26--50 passengers..........
78.75
51--100 passengers..........
90.75
101--300 passengers..........
121.50
Over 300 passengers..........
243.00
BOOKKEEPING SERVICE Boekkeel'linQ service..........
66.50
42
Ordinance No. 7724-07
026.000
027.000
027.010 027.010
027.020 027.020
027.030 027.030
027.040 027.040
027.050
027.050
028.000
029.000
030.000
031.000
032.000
033.000
033.010 033.010
033.020 033.020
033.030 033.030
033.040
034.000
035.000
033.040
BROADCASTING. RADIO AND TELEVISION STATION OR STUDIO
Broadcasting, radio aAd televisic)A station or stlldio..........
133.50
BROKER ~, each
Broker, mortgage (see note D)..........
66.50
Broker, merchandise..........
66.50
Broker, stocks, bonds, etc., dealer..........
200.25
Broker, stocks, bonds, etc., individual not emploved bv a dealer holdinQ a
business tax receipt from the City of Clearwater..........
133.50
Broker, real estate (see note D)..........
66.50
Plus-feF each sales associate additional salesperson..........
30.00
BUSINESS ADVISORY SERVICES Business advisory servises, NOC..........
133.50
(Reserved)
BUYERS CLUB Buyers elllB..........
121.50
CATERER Gatefef..........
66.50
CEMETERY / CREMATORIUM CemeteryJcrematorillm..........
243.00
CLEANING. PRESSING AND DYEING Cleaning, pressing and dyeing
Plant........ ..
212.25
Branch/collection, each..........
66.50
Self service coin operated or hand laundry..........
78.75
Plus, pef each machine..........
1.10
Carpet cleaning 9A-6ite..........
66.50
COIN AND/OR STAMP DEALER Coin and/or stamp dealer (see note
B)..........
66.50
COMMERCIAL RECREATION / ENTERTAINMENT Commercial
486.00
43
Ordinance No. 7724-07
035.010 035.010
035.020 035.020
035.030 035.030
035.040 035.040
035.050 035.050
035.060 035.060
035.070
035.080
035.081
036.000
037.000
037.010
037.020
037.030
038.000
038.010
038.020
038.021
038.022
038.030
035.070
035.080
035.081
037.010
037.020
037.030
038.010
038.020
038.021
038.022
038.030
recreatien/entertainment, NOC..........
Dealer or lessor of amusement machines..........
Miniature golf..........
133.50
66.50
Per Amusement gamet machinet or ride (excluEliA€j Elealer). each..........
Entertainer (each) (see note B)..........
Skating rink, shuffleboard, archery range or golf course..........
Billiard parlor, first table..........
Pef:-Plus. each additional table..........
(Reserved)
Theaters, with-up 1 to 150 seats..........
Theaters, with 150 1M. or more seats..........
CONSULTANT Consultant, NOC..........
CONTRACTORS Contractors, general construction:
Class "A" general (see note D)..........
Class "B" building (see note D)..........
Class "c" residential (see note D)..........
40.25
66.50
133.50
84.75
12.00
303.50
668.25
90.75
303.50
212.25
121.50
CONTRACTORS OR SUBCONTRACTORS ContractoFs or SU9coAtFaGtors
(not general)
Acoustics..........
Air conditioning cC>FltraGtor, Class A (See note D)..........
Air conditioning contractor, Class B (See note D)..........
Air conditioning contractor, Class C (See note D)..........
Alarm systems specialty Contractor (See note D)..........
44
66.50
182.00
121.50
84.75
66.50
Ordinance No. 7724-07
038.040 038.040 Aluminum Specialitv Structure (See note D).......... 66.50
038.045 Asbestos. (See Note D) 66.50
038.050 038.050 Awning, shades and blinds.......... 54.00
038.0eO 038.060 Boiler.......... 66.50
038.070 038.070 Carpentry Specialtv(See note D).......... 66.50
038.080 038.080 CabiAetry ana millwork Cabinet (See note D).......... 66.50
038.090 038.090 Communication systems specialty (See note D) .......... 66.50
038.100 038.100 Demolition, building (See note D).......... 66.50
038.110 038.110 Dredging.......... 66.50
OJ8.120 038.120 Drywall (see note D).......... 66.50
038.130 038.130 Electrical (see note D).......... 182.00
038. 140 038.140 Excavating, including filling, grading, and land clearing.......... 66.50
038.150 038.150 Elevator (See note D).......... 66.50
OJ8.HW 038.160 Exterminator (See note D).......... 66.50
038.170 038.170 Fence erection (See note D).......... 66.50
038.175 Finish Carpentry (See Note D) ......... 66.50
OJ8.180 038.180 Fire sprinkler system, building (See note D).......... 66.50
038.181 Fire suppression (See Note D) ......... 66.50
OJ8.190 038.190 Flat work masonry specialty (See note D).......... 66.50
038.200 038.200 Floor covering, laying carpet I vinvl, s3AaiAg, fiAishing.......... 66.50
OJ8.210 038.210 Gas, natural (See note D).......... 66.50
OJ8.220 038.220 Gas, liquid petroleum (See note D).......... 66.50
OJ8.230 038.230 Garage door and operator installation (See Aete D) (See: Shutter and ~
openina protectivesL.......
45
Ordinance No. 7724-07
oa8.2<10
038.250
038.2aO
oa8.270
038.280
038.290
0311.300
0311.310
0311.320
0311.330
0311.3<10
0311.350
0311.3aO
0311.370
038.J80
oall.390
038.240
038.250
038.260
038.270
038.280
038.290
038.300
038.310
038.320
038.330
038.335
038.338
038.340
038.350
038.360
038.370
038.380
038.390
0311.<lOO 038.400
038.<110 038.410
038. <120 038.420
0311.<l30 038.430
0311.<I<l0 038.440
Glass and glazing (See note D)..........
66.50
Gunite and sandblasting..........
66.50
Hauling, trucking or moving..........
66.50
House moving (FOOT)..........
66.50
Installation, NOC..........
66.50
Insulation..........
66.50
Irrigation systems specialty (See note D)..........
66.50
Janitorial service..........
66.50
Landscaping/tree surgery..........
66.50
Lawn, yard and garden care..........
Liahtina (See Note D)
Limited enerav svstem (See Note D)
42.25
66.50
66.50
Low voltage systems specialty (See note D)..........
66.50
Maintenance work (NOC)..........
66.50
Marble setting includes tile (See note D)..........
66.50
Marine specialty (See note D)..........
66.50
Mechanical contractor (See note D)..........
182.00
Mobile home setblp specialty installer (See note 0, Dept of Highway Safety &
Motor Vehicles)..........
66.50
Ornamental iron work..........
66.50
Painting - including paperhanging (See note D)..........
66.50
Paperhanging (only)..........
66.50
Partitions, movable..........
66.50
Paving (See note D)..........
66.50
46
Ordinance No. 7724-07
Od8. 450 038.450
0380460 038.460
Od80470 038.470
038. 480 038.480
0380490 038.490
038.500 038.500
038.510 038.510
038.520 038.520
038.530 038.530
038.540 038.540
038.550 038.550
038.560 038.560
038.570 038.570
038.580 038.580
038.590 038.590
038.600 038.600
038.e10 038.610
038.620 038.620
038.630 038.630
03lU40 038.640
038.e41 038.641
038.642 038.642
Pile driving (See note D).......... 66.50
Pipeline (See Rete D).......... 66.50
Plaster and stucco specialty (see note D).......... 66.50
Plumbing (See note D).......... 182.00
Pollutant storage systems; gasoline, oil, etc (See note D).......... 66.50
Pressure cleaning.......... 66.50
Prestressed precast concrete specialty (See note D).......... 66.50
Refrigeration, commercial and industrial (See note D).......... 66.50
Reinforcing steel specialty (See note D).......... 66.50
Roofing (See note D).......... 66.50
Septic tank/sewer cleaning.......... 66.50
Sheet metal (See note D).......... 66.50
Shutter and opening protectives (See note D).......... 66.50
Signs - electrical (See note D).......... 66.50
Signs - nonelectrical (See note D).......... 66.50
Solar (See note D).......... 66.50
Steel reinforcing (See note D).......... 66.50
Structural masonry specialty (See note D).......... 66.50
Structural steel (See note D).......... 66.50
Swimming pool, residential (See note D).......... 66.50
Swimming pool, commercial (See note D).......... 66.50
Swimming pool, service servicina (See note D).......... 66.50
47 Ordinance No. 7724-07
038.6aO
038.660
038.670
038.680
038.690
038.700
038.710
038.720
039.000
040.000
040.010
041.000
042.000
043.000
044.000
045.000
046.000
047.000
048.000
038.643
038.650
038.660
038.670
038.680
038.690
038.700
038.710
038.720
040.010
040.020
Swimmina pool. cleanina
Tile and marble specialty (See note D)..........
Underground utility (See note D)..........
Veneer specialty (See note D)..........
Water softener installation and service..........
Welding (reEll:liFOs certification)..........
Well drilling (requires certification from SWFWMD)..........
Window cleaning..........
Wrecking and dismantling (other than building)..........
COSTUME OR CLOTHING RENTAL Ceshufle er clething renta!..........
DATA PROCESSING Data processing conSl:lltaAtlprG!'Irammer
Data processiAg software Consultant I proarammer..........
Web Desianer
DATING I ROOMMATE I ESCORT SERVICE Dating/roommate service (See
note B)..........
DECORATOR. INTERIOR Decorator, interior..........
DELIVERY I MESSENGER SERVICE Delivery/messeAger service(includes
first vehicle)..........
Plus,-peF each additional vehicle..........
DESIGNER. INDUSTRIAL Desi!'lner, inEh:lstrial (See note D)..........
DISC JOCKEY, FREE LANCE Disc jeckey. fr-ee laAce..........
DIVER {)j.yef..........
DRAFTSMAN Draftsman..........
ELECTRIC POWER COMPANY Electric pewer cempany..........
66.50
66.50
66.50
66.50
66.50
66.50
66.50
42.25
66.50
54.25
9O-:-7a
oo,.w 90.75
90.75
133.50
66.50
66.50
24.00
66.50
66.50
60.50
90.75
182.00
48
Ordinance No. 7724-07
049.000
0<19.010 049.010
049.020
049.030
050.000
050.100
051.000
052.000
053.000
053.010 053.010
053.020 053.020
053.030 053.030
053.0<10 053.040
053.050 053.050
053.060 053.060
053.070
054.000
055.000
056.000
057.000
058.000
05B.010 058.010
EQUIPMENT RENTAL EEll,Jipmont rental, small tools or appliances.........
Equipment rental, large Larae, heavy duty eauipment..........
Small tools I eauipment. appliances. etc
Mail Boxes
FLORIST f.Iefi&t .........
FORTUNE TELLER. each ( includes astroloaer. clairvoyant. palmist.
psychic. tarot card reader) (See notes Band D) .......
FREE SERVICE BUREAU Free servico sl,Jreal,J..........
FURNITURE. REFINISH. REUPHOLSTER. CLEAN AND REPAIR Furnitl,Jre,
refinisA, rOl,Jpholster, clean ana repair..........
GROUP CARE I COMMUNITY RESIDENTIAL HOME Grol,Jp car-e facilities
Congregate care (21 or more clients)..........
ConyalescenUnursing home..........
Community Residential Home Family caro home (1--6 clients)..........
Community Residential Home Grol,Jp care, le'Joll (7--14 clients)..........
Assisted LivinQ Facilitv Grol,Jp caro, lo'/elll (15--20 clients)..........
HalfWay House Grol,Jp care, le'.'ellll (1--20 - special treatment)..........
Home care I comoanion. non healthcare (See not B) ...........
GUNS DEALER-GYR&. includes repair (See note B and C. No home
occupation; requires federal firearms license), aealor, inc!l,Jaes ropair..........
HEARING AID. AGENT OR DEALER HearinlJ aia, alJent or aoaler..........
HOSPITAL Hospital..........
INCOME TAX PREPARER Income tax preparor..........
INSURANCE Insl,Jrance
Per eacA company, Company. per each class, and type of insurance
(accident. auto. fire. health. home. life. etcL.......
~
133.50
66.50
66.50
66.50
133.50
84.75
66.50
182.00
182.00
42.25
54.25
84.75
102.75
133.50
133.50
77.50
267.00
66.50
90.75
49
Ordinance No. 7724-07
0138.020
0138.030
0138.031
058.040
0138.0130
059.000
059.010
060.000
061.000
062.000
063.000
064.000
065.000
066.000
058.020
058.030
058.050
060.010
060.020
061.010
064.010
064.020
066.010
Adjuster......... .
78.75
Agency (includes 1 principal, owner, manager or agent)..........
66.50
Plus, pef each additional agent . customer service..........
30.00
(Reserved)
Agent, independent..........
90.75
ITINERANT OR PERMANENT. KNIFE I TOOL SHARPENER Itinerant or
permanent, knife tool sharpener..........
30.00
ITINERANT. AGRICULTURE PEDDLER Itinerant, a€lricl,lltl,lre peaaler..........
42.25
KINDERGARTEN. NURSERY OR DAY CARE CENTER. commercial site
Kinaer€larten, nl,lrsery or aay care (See notes B and D)..........
54.25
Day Care Home. residential site. (See notes B and D)
Nanny. Professional Babysitter. (See notes B and D)
54.25
54.25
LABORATORY Laboratory (includes dental, medical, ambulatory center,
research, analytical, photo, chemical testing, etc.)..........
96.75
Plus,-peF each employee..........
Blood Plasma Center (See note C)
Plus. each employee.............
24.00
96.75
24.00
LAND DEVELOPERS Lana aevelopers..........
133.50
LECTURER Lectl,lrer ana instrl,lctor.........
84.75
LOAN. FINANCE. CONSUMER DISCOUNT. OR MORTGAGE LENDING
COMPANY Loan, finance or consumer aiscol,lnt company (See note
D)..........
303.50
Check Cashina. (See note B & C) .............
Money ExchanQe. (See Note B & C) ..........
133.50
133.50
LOCKSMITH LocksmithJSee note B)..........
54.25
MAIL ORDER ESTABLISHMENT Mail oraer ostablishment..........
66.50
66.50
Internet Sales Business (See 070.040 Merchant for new merchandise
50
Ordinance No. 7724-07
inventory value over $3.000)... ... ... "
067.000 MAILING. PACKAGING. ADDRESSING. FAXING Mailing, paGkaging, 66.50
addressing, faxing..........
068.000 MANUFACTURING Manl:lfaCltl:lring, fabricating, processing, compounding
068.010 068.010 1 employee (including owner).......... 54.25
068.020 068.020 2--4 employees (including owner).......... 78.75
06B.030 068.030 5--10 employees (including owner).......... 108.75
06B.040 068.040 11--25 employees (including owner).......... 133.50
068.050 068.050 26--50 employees (including owner).......... 200.25
06B.060 068.060 51--100 employees (including owner).......... 267.00
06B.070 068.070 101--500 employees (including owner).......... 303.50
06B.OBO 068.080 Over 500 employees (including owner).......... 498.00
069.000 MASSAGE ESTABLISHMENT Massage establishment (See note D and 72.50
Chapter 9)..........
069.010 069.010 Massage therapist, each (See note D and Chapter 9).......... 42.25
MERCHANT OR MERCHANDISING Merchant or merchandising: Inventorv
070.000 cost value excludes tobacco and alcoholic beveraaes (See note B for sale of
used merchandise. and alcoholic beveraaes)
070.010 070.010 Inventory cost value $1 ,OOO,.QO or less.......... 42.25
070.020 070.020 Inventorv cost value $1.001 to $1.999 Over $1,000.00 but less than 54.25
$2,000.00..........
070.030 070.030 Inventorv cost value $2.000 to $2.999 Over $2,000.00 bl,d less than 66.50
$3,000.00..........
070.040 070.040 Inventorv cost value $3,000,.QO and over.......... 66.50
Plus, each ~ $1 ,OOO,.QO or any fraction thereof over $3,000,.QO.......... 5.10
070.050 070.050 Mobile tool sales.......... 133.50
51
Ordinance No. 7724-07
070.0139 070.060 Antiques, used merchandise (See note B).......... 66.50
070.070 070.070 Merchant, temporary permanent/location (Christmas tree and pumpkin 60.00
sales)..........
070.080 070.080 Merchant, itinerant, permanent/location.......... 182.00
070.090 070.090 Merchant, show or flea market, per exhibitor, includes food vendors, per 9.70
event/show..........
070.100 070.100 Downtown convention/exhibition center.......... 3,646.00
070.110 070.110 Hardware store or lumber yard with an inventory value less than 231.50
$100,000.00..........
070.120 070.120 Merchant, ice cream truck, each driver (See notes B and D).......... 55.00
071.000 MOBILE HOMES Mobile homes
071.010 071.010 Dealer (new or used) sales and service.......... 133.50
071.020 071.020 Park, rental 1 to 25 spaces.......... 84.75
Plus-peF, each additional space ~.......... 3.90
071.030 071.030 Transport service (if independent of city licensed dealer or manufacturer 78.75
holdina a Citv of Clearwater business tax receipt)..........
072.000 MOTORCYCLE Motorcycle, dealer.......... 96.75
072.010 072.010 Motorcycle, scooter or bicycle rentaL....... 66.50
073.000 MOVING. TRANSFER COMPANY Moving. transfer company (See note B 108.75
and D)..........
074.000 MUSIC MACHINES / JUKE BOX MllSic machines!jllke box, coin operated:
(not amusement or vending machines)
074.019 074.010 Dealer or lessor.......... 133.50
074.020 074.020 Operator or lessee. each machine.......... 42.25
075.000 NEWSPAPER, PERIODICAL OR NEWSLETTER N(l'.'/spaper, periodioal or
newsletter:
52
Ordinance No. 7724-07
075.010
075.020
075.0:m
075.040
076.000
077.000
077.010
077.020
078.000
079.000
079.010
080.000
081.000
082.000
083.000
084.000
08<1.010
08<1.020
08<1.0JO
084.0<10
075.010
075.020
075.030
077.010
077.020
079.010
080.010
083.010
084.010
084.020
084.030
084.040
Less than 6 issues per week..........
90.75
6 Or more issues per week..........
267.00
Agency or bureau..........
133.50
66.50
NOTARY PUBLIC, indeoendent ............
NURSERY. PLANTS Nursery, I3lants (See note D)..........
66.50
PATROL. NIGHT PATROLMAN. OR PRIVATE WATCHMAN. SECURITY
GUARD: Patrol, niQht patrolman, or private watchman
Firm (See note B)..........
90.75
Individual (See note B)..........
42.25
PAWN BROKER Pawn broker (See note B and D)..........
400.75
PETROLEUM PRODUCTS Petrolel:lm pr-oSl:lcts, wholesale..........
267.00
Petroleum products, deliver I sale, includes LP..........
133.50
PHOTOGRAPHY. Photooraoher or Video Taoino Photography (See note
B)..........
66.50
Video Taoina, Videoaraoher (See note B)
66.50
PIANO TUNER Piane tl:lner..........
30.00
PLATING OR ANODIZING, METAL Plating er anosizinQ, metal..........
66.50
PRINTING. PUBLISHING Printing, publishing, engraving, lithographing and
binding (includes blueprinting services)..........
Publishina. Desk Too
72.50
72.50
PROFESSIONAL Pmfession (per licensee and per location)
Accountant (See note D if CPA)..........
121.50
Architect (See note D)..........
121.50
Attorney (See note D)..........
121.50
Chiropractor (See note D)..........
121.50
53
Ordinance No. 7724-07
084.041
084.050
084.060
084.070
084.090
084.100
084.110
084.120
084.130
084.140
084.150
084 .1 60
084.170
084.180
084.190
084.200
084.210
084.220
084.230
085.000
084.041
084.050
084.060
084.070
084.090
084.100
084.110
084.120
084.121
084.130
084.140
084.150
084.160
084.170
084.180
084.190
084.200
084.210
084.211
084.220
084.230
Counselor/social worker (See note D)..........
90.75
Court reporter..........
90.75
Dental hygienist (See note D)..........
90.75
Dentist (See note D)..........
121.50
Designer, interior (See note D)..........
121.50
Embalmerlfuneral director/undertaker (See note D)..........
121.50
Engineer (See note D)..........
121.50
Homeopathic physician..........
Mental Health Counselor (See note 0) .......
121.50
121.50
Occupational therapist (See note D)..........
121.50
(Reserved)
Optician, including sale of lenses and frames (See note D)..........
121.50
Optometrist (See note D)..........
121.50
(Reserved)
Physician (See note D)..........
121.50
Physiotherapist (See note D)..........
121.50
Profession, NOC (See note D)..........
121.50
Psychologist (See note D)..........
Process Server (See note 0)... ......
121.50
90.75
Surveyor (See note D)..........
121.50
Veterinarian, also see animals (See notes C and D)..........
121.50
PROMOTER / PROMOTIONS. exhibits. shows. sports events/tournaments,
or similar type events Promoter/promotions (See note B) (if temporary, per
243.00
54
Ordinance No. 7724-07
086.000
087.000
088.000
089.000
089.010
089.020
090.000
090.010
091.000
089.010
089.020
090.010
091.010
091.020
091.030
091.040
091.100
091.060
091.070
event)..........
RAILROAD Railmad ..........
RECORDING STUDIO ReGording stl:ldio..........
REFUSE COLLECTION AND DISPOSAL SERVICE Refuse GolleGticm and
dis!}osal serviGe, (Mav ReQuire Solid Waste Dept approval, See Chapter 32)
See note and SeG. S, 32.292 City Code)
REFUSE MACHINE. COMPACTING AND I OR BINDING: Refuse
maGRine, Geml'l3cting snd'!'er binding
Owner or lessor..........
Operator or lessee. per machine..........
RENTAL PROPERTY ReRtat, NOC (See note B)..........
Hall. BanQuet Facility Halll facility/property, nonresidentiallolse (See note
B)..........
SINGLE FAMILY I DUPLEX: Rental Period. 30 days or more.
1 - 5 units on the same or contiauous parcels Rental, l:lnits (1 a)..........
Plus, each additional unit 1** l:lnit ever 5 ..........
SINGLE FAMILY I DUPLEX: Rental Period. less than 30 days. (See note C)
1 - 5 units on the same or contiQuous parcels
Plus. each additional unit
APARTMENT: Rental Period. 30 days or more. 3 - 5 units
Plus. each additional unit
APARTMENT: Rental Period. less than 30 davs. 3 - 5 units (See note C)
Plus. each additional unit
CONDOITOWNHOUSE: Rental Period. 30 days or more.
1-5 units within the same complex
Plus. each additional unit
CONDOITOWNHOUSE: Rental Period. less than 30 days. (See note C)
1 - 5 units within the same complex
Plus. each additional unit
HOTEL. MOTEL: (See note D) 1 - 5 units
Plus. each additional unit
BED AND BREAKFAST: (See notes C and D) 1 - 5 rooms
Plus. each additional room
273.25
66.50
273.25
267.00
121.50
~
121.50
30.00
1.70
30.00
1.70
30.00
1.70
30.00
1.70
30.00
1.70
30.00
1.70
30.00
1.70
30.00
1.70
55
Ordinance No. 7724-07
091.080 COMMERICAL: 1 - 5 units 30.00
Plus, each additional unit 1.70
091.090 Rental Prooertv. NOC: 1 - 5 units 30.00
Plus. each additional unit 1.70
092.000 REPAIR AND SERVICE, NOC Re~air aAEI ser'\'iGe, NOe (iRClbld9S 54.25
hanaymaR), owner..........
Plus, fa!: each employee (other than owner).......... 12.00
093.000 RESTAURANT Restablrant (See note D; and note B for alcoholic beverage
sales)
09J.010 093.010 1--10 seats.......... 42.25
093.020 093.020 11--25 seats.......... 66.50
09J.OJO 093.030 26--50 seats.......... 133.00
09J.040 093.040 51--100 seats.......... 200.25
09J.050 093.050 101 or more seats.......... 267.00
09J.0130 096.060 Snack bar, soda fountain.......... 54.25
09J.070 093.070 Concession stand/vendor, per location or unit.......... 54.25
09J.080 093.080 Canteen wagon or truck, per mobile unit.......... 60.50
09J.090 093.090 Drive-in or drive-through/take out or delivery.......... 90.75
Nightclub/bar/tavern/cabareUlounge (See note B; see adult use
093.100 093.100 entertainment; see commercial recreation/entertainment, entertainers).......... 267.00
093.110 093.110 Dancing area.......... 54.25
093.120 NiQhtclub Entertainment (live music. comedy act. karaoke) 66.50
SCHOOLS / TRADE, STUDIO AND INSTRUCTION SCReels trade, studio
094.000 and instrblctieR(See note D; also see note B for dancing or charm 66.50
schools)..........
094.010 Health Club (See note D) 66.50
094.020 Personal Trainer 66.50
56
Ordinance No. 7724-07
095.000
096.000
097.000
098.000
098.500
099.000
099.010
099.020
100.000
101.000
102.000
103.000
103.010
103.020
103.030
103.040
103.050
104.000
105.000
105.010
099.010
099.020
103.010
103.020
103.030
103.040
103.050
105.010
SECRETARIAL SERVICES Secretarial service (includes
stenographers)......... .
66.50
SEWING SewiAg (dressmaker, seamstress, tailor, etc.)..........
54.25
SHOE REPAIR OR SHOE POLISHING STAND Shoe repair (or boot black
staRd}.........
54.25
SITTING I HOUSE, PLANT, PET Sittin9 house, plant, pet (See note
B)..........
60.50
SPECIAL EVENTS - CITY SPONSORED Special events city spensered,
per day, per exhibit ..........
1.20
STORAGE I WAREHOUSING Storage/warehousing
Indoor, per 1,000 square feet (minimum $50.00 fee)..........
12.00
Outdoor, per 1,000 square feet (minimum $50.00 fee)..........
24.00
TATTOO PARLORS Tanee parlers (See note C and D~and Florida State
Statute 877.04. letter from doctor reauired)..........
121.50
TAXICAB Taxicab, includes first vehicle (See note B and Chapter 25. proof
of insurance with City listed as additional insured party)..........
66.50
Plus fef each additional vehicle..........
24.00
TAXIDERMIST Taxidermist..........
54.25
TELEPHONE AND TELEGRAPH Telephone and telegr3j:lh
Telephone, company..........
273.25
Each branch office..........
36.00
Telephone, business, private (includes 900 service; see note B)..........
66.50
Telephone, solicitation (See notes B and D)..........
66.50
Telephone, answering service..........
66.50
121.50
TOilETS. PORTABLE SERVICE Toilets, portable service..........
TRAilER, CARGO Trailer, cargo (for boat trailers, see boats)
Trailer, cargo, sales and service..........
66.50
57
Ordinance No. 7724-07
105.020
106.000
107.000
108.000
109.000
110.000
110.010
110.020
111.000
112.000
113.000
105.020
Trailer, cargo, rental..........
54.25
TRANSIT OR READY-MIX CEMENT AND CONCRETE Transit or ready mix
cement ami concrete..........
267.00
(This business tax receipt IiGeA&e required of any distributor making
deliveries and/or sales within city limits, regardless of location of plant.)
TRANSPORTATION SERVICES Transportation services (bus station -
interstate, chartered, limousine, sightseeing) (See chapter 25. oroof of
insurance with City listed as additional insured party; see note B)..........
255.00
VACUUM CLEANER SALES AND SERVICE Vacl;lI:lm cleaner sales and
~..........
66.50
VALET PARKING. each location Valet parking..........
60.50
VENDING MACHINES VendinlJ machines (excluding amusement, music
maGhines, cigarette or stamp machines)
110.010
Dealer or lessor..........
66.50
110.020
Operator or lessee, per machine..........
12.00
VIDEO OR FILM RENTALS Video or film rentals..........
66.50
WRECKING YARD Wrecking yard..........
267.00
UNCLASSIFIED, any business. occupation. profession or exhibition not
specifically desionated. (may reauire Note B) Unclassifed, every IH:lsiness
occl;lpation, profession or exhibition, sl;lbstantially fixed er temporaFily
enlJalJed in by any person within the Gity and for whicn no license has been
ordained and not nerein specifically designated (See nete B)..........
133.50
Other rel3ted occupational license fees/charges:
The duplicate license fee shall be $16.50.
The minimum occupational tax shall be $25.00 (state statute).
Penalty, delinquent and administrative fees:
The penalty fee (operating prior to obt:lining a license) shall be equal to 25 percent of
the established fee.
The delinquent fee shall be ten percent for the month of October plus five percent for
each month of delinquency, not to exceed 25 percent of the established occupational
license tax.
In addition to penalty foe, he administrative fee shall bo t'NO times the normal fee with
a maximum of $250.00 per license on :lccounts not paid by January 31st following
the renewal notice.
58
Ordinance No. 7724-07
Notes:
The REGISTRATION FEE shall be $27.50
A TRANSFER FEE shall be up to 10% of the annual license t3X but not less than
$3.00 or more than $25.00
A. Requires appro'.'al by the city commission.
B. Requires city police department recommendation. The applic3nt Sh311
complete a background information report, executed under oath, and shall
submit to 3 b3ckground investigation, photogr3ph, and fingerprints. The
recommendation shall be b3sed upon the criteri3 set forth in section 29.41 (6)
3nd sh311 include 3 st3tement of the bcts upon '/lhich the recommendation is
based.
e. Reserved.
D. Requires inspection, appro..,31 or license of st3te or county authority.
NOe Not otherwise classified.
OTHER RELATED FEES I CHARGES SHAll BE AS FOllOWS:
Notes:
L
ADMINISTRATIVE FEE shall be 2 times the annual business tax fee. in
addition to the 25 percent delinquent fee. on business tax receipt not
renewed bv January 31st.
DELINQUENT FEE shall be 10 percent for the month of October. plus an
additional 5 percent for each subsequent month of delinQuencv. not to
exceed 25 percent of the business tax. on business tax receipt not renewed
bv September 30th.
DUPLICATE BUSINESS TAX RECEIPT FEE shall be $16.50
MINIMUM BUSINESS TAX RECEIPT FEE shall be $25.00 (State Statute)
PENAL TV FEE shall be 25 percent of the business tax due. for operatino a business
prior to obtainino a business tax receipt.
REGISTRATION FEE shall be $27.50
TRANSFER FEE shall be 10 percent of the annual business tax but not less than
$3.00 or more than $25.00: when there is a bona fide sale of the business and
presentation of the orioinal business tax receipt and proof of sale. or when a
business has moved from one location to another within the city limits and
presentation of the orioinal business tax receipt.
59
Ordinance No. 7724-07
r
.......---. - ~
A. Requires approval by the city council commission.
B. Requires city police department recommendation. The applicant shall
complete a background information report, executed under oath, and shall
submit to a background investigation, photograph, and fingerprints. The
recommendation shall be based upon the criteria set forth in section 29.41{e)
and shall include a statement of the facts upon which the recommendation is
based.
C. Reserved. Reauires approval bv the Planning Department.
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
Section 9. This ordinance shall take effect on the date of adoption.
PASSED ON FIRST READING
January 18, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 31, 2007
-~~ t/ ~
'Frartk V. Hibbard
Mayor
Approved as to form:
Attest:
60
Ordinance No. 7724-07