7725-07
ORDINANCE NO. 7725-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
COMMUNITY DEVELOPMENT CODE SECTIONS 3-2302, 3-2303, 3-
2304, 3-2306, 3-2307, 4-202, 4-205, AND 8-102 TO SUBSTITUTE
NEW TERMINOLOGY REQUIRED BY PROVISIONS OF FLORIDA
STATUTES; FURTHER AMENDING SECTIONS 3-2307 AND 4-205
TO DELETE THE PROCEDURES FOR NOTICE, HEARING, AND
APPEAL REGARDING REVOCATION AND DENIAL AND TO
PROVIDE INSTEAD THAT SUCH PROCEDURES SHALL BE AS SET
FORTH IN CODE OF ORDINANCES SECTIONS 29.41 AND 29.44;
FURTHER AMENDING SECTION 8-102 TO ADD CERTAIN
DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
Section 1. Article 3 Community Development Standards, Division 23, Residential
Rentals, is amended to read:
*
*
*
*
*
*
Sec. 3-2302. Business tax receipt occupational licensing required.
A business tax receipt An occupational license shall be required for all rentals
set forth in Section 3-2301. Business tax receipt Lioensing procedures and
requirements shall be as set forth in Code of Ordinances Chapter 29. The fee
charged for such business tax receipt oocupational license shall be as set forth in
the Code of Ordinances Appendix A, Division XVIII.
Sec. 3-2303. Local representation for business tax receipt occupational
license applications for residential rentals.
Business tax receipt occupational license applications for residential rentals shall
include a local contact or representative. Such contact or representative shall
maintain a current working local telephone number and current local address, not a
public or private post office box, and provide notification thereof of any changes to
the city within 30 days for a physical location and telephone number within one of
the following counties in Florida: Pinellas, Hillsborough, Pasco, Manatee or
Sarasota.
Sec. 3-2304. Residential rental compliance-Notice requirements of minimum
applicable standards form acknowledging notice of housing and development
standards.
Ordinance No. 7725-07
Each owner of real property to which this division is applicable shall receive notice of
and shall file, with an initial business tax receipt occupational licensing application
or, for existing licensees, by October 1 of each business tax receipt Oooup::ltional
licensing year, a notice requirements of minimum applicable standards form with the
development and neighborhood services department acknowledging receipt of
housing and development standards contained in Section 28.82, the Standard
Housing Code, as adopted by Code of Ordinances Sections 49.01 and 49.02, and
the Development Standards, Divisions 8,12,13,14,15,18, contained in Community
Development Code, Article 3.
*
*
*
*
*
*
Sec. 3-2306. Penalties.
Failure to obtain or maintain a business tax receipt an occupational license as
required by Section 3-2302 or failure to maintain a property in compliance with the
code requirements set forth in Section 3-2304, shall subject the violator to
enforcement proceedings and penalties in accordance with Article 7 of the
Community Development Code and with Code of Ordinances Section 1.12. The
provision of this division shall provide an additional means of enforcement, but shall
not prohibit the city from taking enforcement action under other code provisions.
Sec. 3-2307. Revocation or denial of business tax receipt occupational
license.
In addition to the enforcement proceedings and penalties provided for in
section 3-2306, failure to comply with the provisions of this division shall be
considered just cause for denial of the issuance of a business tax receipt all
Oooup::ltion::ll license for the subject property, and for revocation of an existing
business tax receipt occupational license pertaining to the subject property in
accordance with the procedure set forth in this section. Prior to revocation or deni:JI,
the city manager or his/her designee shall issue a notice of revocation or denial
notifying the residential rental licensee of the city's intent to revoke or deny. The
notioe sh::lll be sent oertified m::lil, return reoeipt requested, to the last knm4ln
::lddress for the residenti::ll re nt::l I licensee. 'Nithin ten calendar days from the d::lte of
mailing of said notice, the license shall be automatic::llly denied, revoked or
nonrenewable, unless the residential rental licensee files with the oity clerk a written
statement setting f-orth the grounds for an appe::ll. Upon the filing of such written
st::ltement, the city clerk shall notify the city m::ln::lger, who shall schedule ::lnd
conduct a hearing before the city manager or designee within 30 calendar days from
the date the written statement W::lS filed. The residential re nt::l I licensee sh::lll be
given v..ritten notice of the hearing by certified mail, return receipt requested, and
shall have an opportunity to present evidence, cross eX::lmine witnesses, ::lnd be
represented by counsel. The city Sh311 have the burden of proof by a preponder3nce
of the evidence, and the city manager or designee's decision shall be based solely
on the evidence presented 3t the hearing. VVithin ten oalendar d3Ys of the hearing,
-2-
Ordinance No. 7725-07
the city manager or designee shall file v:ith the city clerk's offico and serve on the
residential rentaLlicensee a written decision containing findings of fact and
conclusions of the legal basis for the decision. The decision shall become final
unless, '1.'ithin 30 days of the date the city manager or designee files the decision
with the city clerk, the residential rental licensee files a petition f-or writ of certiorari in
the Circuit Court for Pinellas County. The procedure for revocation or denial and
appeal therefrom shall be as set forth in Code of Ordinances Sections 29.41 and
29.44. The filing of a pleading seeking judicial review shall automatically stay the
revocation until judicial review has been exhausted unless the city obtains injunctive
relief. Any residential rental taxpayer licensee who has had a business tax receipt aR
occupational license revoked or denied under this section or under Code of
Ordinances Section 29.41 shall not be eligible to submit an initial or renewal
application for business tax receipt license to conduct residential rental business on
the subject property 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.
Section 2. Article 4. Development Review and Other Procedures, Division 2,
General Procedures, is amended to read:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for
development approval shall include the following information:
*
*
*
*
*
*
10. If the proposed development is for a home occupation, an
executed affidavit:
a. Agreeing to comply with all standards contained in Article 3
Division 2 and any other conditions of the home occupation that
may be established in authorizing same.
b. Recognizing the need to renew the requisite business tax
receipt occupational license annually or as may otherwise be
required.
c. Acknowledge that any departure from the conditions
authorizing the use shall be grounds for the revocation of the
applicable occupational license.
d. Agreeing to permit reasonable inspection of the premises of
the home occupation to ensure compliance with the
conditions thereof.
*
*
*
*
*
*
-3-
Ordinance No. 7725-07
B. Simultaneous applications. If more than one approval is required (for
example, Level One and Level Three) for a particular development proposal,
with the exception of an application for a building permit, certificate of
occupancy or business tax receipt occupational license, an applicant is
required to submit all applications for development approval at the same
time.
*
*
*
*
*
*
Section 4-205. Business tax receipt Occupational license.
A. Applicability. Any person required to obtain a business tax receipt aR
occup3tionallicense in order to conduct business within the city pursuant to the
provisions of Chapter 29, Article II of the city's Code, shall obtain such license after
the issuance of an occupancy permit.
B. Procedure.
1. All applications for business tax receipts occup3tionallicensos shall be prepared
on forms available from the city manager.
2. Upon receipt of an application for a business tax receipt an occupational license,
the city manager shall forward a copy of the application to the community
development coordinator who shall review the application to determine if the
business occupation conforms to applicable provisions of this development code and
any prior approvals.
3. Upon receipt of a determination by the community development coordinator that
the business occupation does conform to applicable provisions of this development
code and prior approvals, then the city manager shall review the application and
determine whether the business occupation conforms to all applicable requirements
of Chapter 29, Article II of the city's Code.
4. Following review and determination as to conformance by both the community
development coordinator and the city manager, the city manager shall either issue
the business tax receipt occupational license or deny the application.
C. Appoal. A denial of an ocoupationallicense may be appe31ed in the manner
provided in Article 4 Division 5.
Section 3. Article 8, Definitions and Rules of Construction, is amended to read:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms
have the meanings specified herein:
Abandoned building means a building or structure that is deserted by the
owner and left unsecured or that is not maintained. Evidence of desertion and lack of
maintenance shall include, but not be limited to: unaddressed code violations; lack of
required building permits or certificate of occupancy; lack of business tax receipt
occupational license; and lack of active utilities.
*
*
*
*
*
*
-4-
Ordinance No. 7725-07
Business tax receipt means the document issued by the city indicatino all
fees. taxes and other associated costs associated with conductino the business at
any and all appropriate locations within the city have been paid.
* * * * * *
Operator means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an "adult use
establishment," including but not limited to, the taxpayer licensee, manager,
doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or
other employee.
*
*
*
*
*
*
Taxpaver means any person liable for the taxes imposed under the
provisions of Chapters 7. 25. and 29. respectively. any aoent required to file and pay
any taxes imposed under said provisions. and the heirs. successors. assionees. and
transferees of any such person or aoent. wherever relevant to any provision of this
article or other law or ordinance. and includes any and all individuals listed on the
business tax application and/or business tax receipt.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 31, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February IS. 2007
-1---/ t/ ~
r=tank V. Hibbard ·
Mayor
Approved as to form:
Attest:
-5-
Ordinance No. 7725-07