5835-95 ORDINANCE NO. 5835-95
N ORDINANCE OF THE CITY OF CLE,ARWA ER, FLORIDA, RE 3.TI
TO BUSINESSES AWED BUSINESS REGULATIONS; AMENDING CHAPTER
29, CODE OF ORDINANCES, RELATING T€3 OCCUPATIONAL
LICENSES,: TO AMEND PROCEDURES FOR DENYING THE ISSUANCE,
TRANSFER OR RENEWAL OF OCCUPATIONAL LICENSES; AMENS III
PROCEDURES FOR IMPOSING DELINQUENT PENALTIES; CLARIFYING
PROCEDURE'S AND GROUNDS FOR REVOKING OR DENYING AN
OCCUPATIONAL LICENSE; AMENDING PROCEDURES FOR ISSUING A
PROVISIONAZ LICENSE; CLARIFYING PROCEDURES FOR AN APPEAL;
PROVIDING; PN -EFFECTIVE DATE.
WHEREAS, the Commission intends to clarify the procedures that
the city must follow before revoking or denying the issuance or
re ssu nce of an occupational license
WHEREAS, the " Commission finds that the denial: of t:he
relssuance of an occupational license or the revocation of are
occupational license based upon the licensee's willful .fail ire to
eliminate ri inal activities or other violations of the law
occurring on the business premises will contribute to the health,
safety, and welfare of the residents of Clearwater;
WHEREAS, 1 co ensure that no prier restraints are placed `upon a
business owner to disseminate materials protected _ by the Firs:
Amendment or to present or perform entertainment protected by the
First Amendment, the Commission will allow business owners who have
had an occupational onal license nonrenewed or revoked at one location
to en [age in a business protected by the First Amendment, e
different location within the city so long as the business owner is
in compliance with all applicable laws, now therefore
DE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARwATEI:RZ, FLORIDA:
Section a_. Section 29 . 31 is amended to read:
Sec. 29 .31. Izssuance requirements for new businesses,.
JAI Kjjthi n 39 days of the submittal of an application, the
director of ceD�x_aa.� Der i.tti.ne shall issue a license or notify* the
Applicant in 'writing setting forth the grounds for the ci.t: s
refusal to issug a license. The applicant shall have the rili,aht of
appeal as glye . ?ed in section 29. 44 .
Section . Section 29. 33 is amended to read:
Seen 29 .38. Transfer.
3 y
a
III Licenses, issued by the city may be transferred with the
approval of the director qf___geKktral germittiMg
subject, however, to the following conditions:
j_a1+1+ All business Licenses may be transferred to a new
owner when there is a bona fide sale of the
Business .post payment of a transfer fee z_;
prescribed in appendix A to this Code and
presentation of evidence of the sale and the
original license.
jbj+2+ Upon written request and presentation of the
original "License, any license may be transferred
from one location to another location in the city
Qr'on payment of a transfer fee as prescribed In
W,Dpendix A to this Code. Such transfers shall be
accomplished provided the applicant submits a land
use cer 4-if icate. as required by the land development
code and the required building and fire inspections
have been accomplished.
jcj-f4-)- llrhe.re the licensee has been exempted from payment
of,' all or any part of the license tax therefor, any
such license shall not be transferable pursuant to
this section.
A.!21-(4+ Holders of alcoholic beverage licenses shall comply
with chapter 6.
1 e1+5* I'lle activity in which the new business engages, as
part of the business, must be lawf ul under
applicable state law and ordinance.
]"he transferee must meet the requirements of the
�.�ode to obtain an occupational license.
KIt__),!U_TL30 days from the date the applicant submits the
re ester the director of central Dermitting shall transfer the
Iicecjjge or ngtj,,�y the applicant in wrjLting setting forth the
grounds for :th _gjty refusal to transfer the license. _Mhe
aDDlica IL4Lye the irna in
cant shall right of appeal as spec,
Sect: on 3 . Section 29 . 39 is amended to read:
Sec. 29.39. Review Upolm renewal.
(2) WIhen the 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 central
2
per a�tt n may !2eny the reissuance of the icep onl.
After c al ix�� e -e€ ILremen�ts contained in se9�,`c 2 .4 l f
the code.
ias - s _.k
isqued
e,ct on 4_. Section 29.40 is amended to read:
See. 29.40. Delinquent penalties.
(1) All license taxes imposed by this article shall be due and
payable on October 1 of each year and shall expire on September 30
of 'tbe suceeed,ing year. Those licenses not renewed by October l
shall be con sidered delinquent and shall be subject 'to
delinquency penalty of ten percent for the month of October, plus
an additional rive.-percent penalty for each month of delinquency
thereafter until: paid, provided that the <total delinquency penalty
shall not exceed :25 percent of the occupational license fee. -feL-
It is the duty of the code enforce went
L_ or a a:t �nforc e cent officer:� � to make affidavit
sat va,o-Jatioh and re nest for hearin . and to cause such xserson or
persons, - r off i,ggj. s and directors of and corx or tion to e bropjaht
before 'the unic'ipal Code Enforcement Board or the county court
(2) each 94He license aid -et required by this
chapter shall be obtained prior to the commencement of business or
the practice of a profession and if neat, shall be subject to a
penalty of 25 percent of the license determined to be dare, in
addition to the penalties of section 1. 3.24
ection Section 29.41 is amended to read:
Sec. 29.41 Ri of y •. to revo e7--e ad or deny.
(1) Subject to the re u: rements contained,
Pr-eee e-e - r in subsection (2) of this section, the director
c� c :ra. xaer� : tt�n [ r may revoke - any
license granted pursuant to this article for cause, �ind may- den
the reissuanc e license to an establi.s aec� business for cause.
or e ur s& of this section "cause" exists when the licensee
cor m o p�'�' ai �s and of the following violations:
(a) The licensee maintains or allows a nuisance to be
maintained at the licensed premises. As used in thi.s
subsection, the term "nuisa.nce" shall mean engaging in
any activity or permitting any activity can 'the licensed
premises declared to constitute a public nuisance in
,
section, 20. 03, or proscribed by F. S. ch. 796, § 798 . 02 or
ch. 800, or any amendments thereto or p
--,_:nO—scribed _12Y
se ti
Xg 6. 43 or21 . ,
�13 of the Cede;
(c) The licensee 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 licensed premises where the music is
being played or performed in violation of any law;
(d) The licensee commits or nermits within
RAj---Mi.t--- ,.ear the same violation of v4el-a�- - the Code on
the "iQeXLSed remiseg-, three or more times;
(a) The licensee has violated on the premises any county
ordinance, state or federal statute or rule or regulation
pertaining to the activity which has been licensed
pursua-at to this article;
(h) The licensee fails to maintain a safe building or system
on t e, I icensed retmises in accordance with section
_ th _,L -p — L-
7. 161 of the Code after reasonable notice has been _qi:;L n
:to_the licensee to eliminate or correct the uns,�fe
-1 f_
6474a� A -- Se
eeun4 -^44-�-e
�ended -P 4-Y
4-1- 4-
e issued fer sueh,--.I*,US1-
tthke-
g
Is"R a pub-��rin el.1. :t ib:M
e e-
- I.,-- I---- —A-emal-4 --
" ens
Ply
--and be heard-- as et4i-eerwi: --P-r-e-v-Wed
A--A-,&.
e12 t
s the
(2) _t77 c c y pq,_that cause exists to revoke or denv the
reissuance 11
-g-f—a the director of central permitting
issue the licensee a written a
warning reuestina licensee:licensee to
eliminate the vig. . receint of the warnim
,_ Igtion within 30 days from
and notifyiD-9--t—h.t., licensee of the citv0s intent to revoke or deny
the reissu-a-n—c—e—M! I-he license if the violation is not corrected.
it-the—licensee Lllfullv fails to eliminate the violation or, if
the licensee--p-e—mits the violat-ion to reoccur within 90-days_ from
_
the date of the ligensee's receivt of the warnina, the director, of
central DermittincL shall issue another written warning ngt
1,if yjng
the licensee of-.th@- cit Is intent to revoke or deny the O;L_:�he reissuance-
I c nge :LL-.the violation is not corrected within 30 dAys
4
JA
from the rece .rat _g the .sewn M rnj n . if the licensge-_W-j-1jILfully
fails tg eliminate the vic lation or if the Licensee nermitst he
yaol.ati.on to a d pgMX within ore ear from the date ' of .'th
s e°s r—- �. ��. he sewn �arnina the` irec or of en
Ma il,
err f� shaassue t:h * �. oenbee a ,wr°then notice sting
the grounds X. tb ncp-
of the licen e,, ___yith:in ten calendar days from the date e
dire .tor of cent .l erzitt a o s the licensee of the ci, $s
intent to rev6ke the license or dery the reissuance of � he lic nse
for cause. the � license shall be automatical1v revoked,
n ne ab3 ems;, �a{nom ess the licensee files with tie c t c2exr C
written atatemet�settRnthh fully the c °ounds f�aua° 1.
aY3 the f ils such written statement the c .t q1erk shall
notify the city nI nager, who 'shall. schedule and conduct a head
before the c s��ina er within 30 calendar days from the Mate the
written statemmit. was riled® The licensee shall be given wri den
notice of the" hb iring -by certified mail return recei t regue '�ad
And shall have an oortunity to Present evidence on his or,_her
behalf. to crop " examine witnesses, and to be re resented by,
counsel.. The city shall have the burden of brood�' a
breoonderance ' of the evidence, and the :cites manacrer®s deci , n
shall be based olely on the evidence presented at the neariing�
�. ..__ near 'days of the hearing the city manngg r shall
W1th�.n 'ten eels_
le Werth the ,cit', c erkl s of ice and shall serve on the licensee
wr'ittg decisich conta.inina findings of fact and conclusions of
the le al basis for the decision. Within 30 days of the date the
city ma alter fileIm the decision with the cites clerk, the dec�.s�i n
sham become, iiia,l unless they Licensee files a e�tition for a it
of certiorari ir�"khe ,circuit court for Pinellas County®" The fill ing
of ,a pleading lsi.. kin lu+di.cial review shall automatically stays, the
revocation unti7I,_judicial review has been exhausted unless the cit
obtains inj3ancti-ye relief.
el
i a ' b.... _ d e el
--_=_-_ =- == acs �-s;__,_=-
the
and E�Un
$ k car-the err &
s-lr 3 :1
wit.,----
&.eirm a se—,—;-rim
-- -s _Mr -+�z'rrA —e vT �eax t-- Zee
f ere�i eppeS A
3 An licensee who has had an occu eta oral license revoked
or hag -had.-the jLssuance or renewal of the license denied pursuant
to sub se ion—U-1-of this section, shall not be eligible to su'bxnit
an :�licat�_z�r rc?]- another, license to conduct another bu.sines' r
he 'ty—untij aerie year has e. mired from the .date the license was
revoked or d'er�ierL b the ci 4- or, if an appeal is taken while the
busia.ess contjnaes in operation, until one year from the later of
the 'dat:g of the ctec .sign or order a: 'firmipg the revo atilon or
en
or site tl�e bus nes`s ceases _operaticns nzno nna cue
Frith the sec�J S;gi or order.
days 9
u
JAI.. Any 1 go nsee who has had an occupational license repro e Cd
or ag h d thie renewal of the license denied vursuant to subjec tion
°this sec on and rho seeks to engage in a business involv°n
thg sale or rehtal of materials protected by the First Amendment or
the resentati6 or ' the Rerformance of entertainment tnrotected b
the First Aniefidment shall be eligible to submit immediate: a
a-on ication`f or a. new license to conduct another business I Drb- ected'
bv the First Aaagndment at a different location subject to farther
rev e o deter mine the licensee's comoli.ance with aia'licable 1a�rsg
statutes and the,' issuance requirements of section 29. 31.
_
y; ha e3'�-re.
w - �� ,
suspende-
s : _ '3 ^dt eLm
..r . <..a. .x <
. � ' �L1e a .a °el has
•.ed�c'—S �'� ,:...,,� k........, � ��,a�aaa�xsr,�r,�i rt^exa �a-rs_�p�x^ ..,:i..:
-, .e�S '�x�sx�rS-�� :.,<:,S�3e✓R J,
may be r
hle ensienr whieh _
Oily
The director of central permitting li .�s_i--
shall not issue an occupational license' if the director h4e- finds
that:
(a') The applicant, if an i 7rge„?_i"i v_4 dual e or any C f t1:.^ Coo-c*M4nGrAS�
of the applicant is not an individual, does not seek to
ext a<Lg. in a business involy nscf the sale or rental of
ma e -i al's x�rotected by the First Amendment ox- th'e
r s mnitation o, r erformance of entertainment protecite�by
the -7 rst Amendment and has, within three gears Drevious
to Jig date of aoolication.
1 . n corav c ed. been on house arrest robatit�n, or
4 roles or been incarcerated for -°t
any felony involving fraudp or d.ishongst-,, d �
any Eez offense involving moral. turpitude, `:X
ert - �e -motetT
ef' any ofl:ense involving sexual misconduct with
any cfffense in.volvino e e �.4-3-,. aP lewd or
lascivious acts or prostitution ei
parn&�4nq, or criminal solicitation to commit o3c
att m i to commit an of the above
294 A 1 n /i�.r
��"a5�� 'VYY`Y i'6r it is✓dY,, iJ$
2 . Been. been on house arrest probation. o3Z
PAr de: or been incarcerated for
any felony e e involving the use of or threat
to use force or violence upon the person of
another, or for criminal- solicitation to commit oiZ
attem Lt to commie any such felony ly,-4 ue
The aFpl r'.c,ant if an individual, or any of the co-owners'
if the gip.,' ieant is not an individual seeks to en acre iii
a business as an adult use establishment as defined in
sect_i.or� 41. 505 or in Mloyment as an entertainer in such
a busines:a,, when the business involves the sale or rental
of materl`iLa .s Drotected by the First Amendment or they
presentation or the performance of entertainment
�rotected'.. by the First Amendment a, d when the applican-L
hps been .convicted of a specified criminal act unless
1.. Mori®than one year has elapsed since the latter o'E
t a dots of conviction or the date of release fro;
confinement. probation or parole imposed for the
conviction on of a misdemeanor offense or ordinance
2 . More than three years have elapsed since the latte't
of_3-1,Le date of conviction or the date of release
from confinement, Drobation�or_narole imposed foK
±--he cconviction of a felon offenses or
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 con1juna tion
W!I h - eu�qa denied an occu Wit:`ona
:ce ursu nit. to this s hoara�raoh a not .a 11 fca
i cejase fc r a er° o 1 of one dear follo in the
er-
For- the urmses of this section. the term "conviction"
sha.11irclude any disposition of a crimina3. case '
j.n.vo l,in the sit on a aanst a l cant of a j in
R
rob jean, incarceration or other adverse sentence of `a`
pp 't iv-e nature. whether or not the _Applicant ha s _ke_en
LOrMal,I udicated_guiit .
F or -k e purposse of this section. the term �'�.�ec; f led
rmi al act" shall. include the fojj2XjRS
Al: offense under chapter 734 . Florida. :Statutes
elan to sexual. battery?
offense under chapter 796 . Florida�Statutes
,
(relatincr to prostitution) ,
An offense under section 738,. 02 and chapter 800
tee. ' .o ida Statutes ' relati_;^na to lewdness and indecent
off: fir '
d A � offense under section 827..071, Florida Statutes
_relat•:incr to sewial performance by a child) :
_(gj Zvi offense under section 6.43 of the Code red.® tin
Io yap dancing : or
Ali offense under an analogous statute of a state
other than Florida or under an analogous ordinance
of another countv or city.
tate e.
-
4 - ,., r a.---ii.
=.. -----
— - o J
the denia
The director of central 'permitting
upon denying any a plicant--jCsursuant to subsacJon L5 of this
gectigil, shall -t;E�y notify the applicant of the denial within
3g d_ _ a the izb nittal of the application or within 30 da s ref
the receipt eaf any olice backaround investiaative reiDort that is
396
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BMW
4 2m
Poll •
at the time of application, would have been grounds for denial of
the application.
a�)�-kc—en—ve—st—,i-,--,atLvA-L2- port-�con—tai4"n
to obtain an
29cu � g-n—al--Ii,—cg-m-sp.--purs_uariLt_to the neguirelieats cent aine,
o '
sect 511
ect,j the director of centra.1 permitting shall
the ;a ,.Lqant of the dqnl vEjthi n 30 days of the receiDt of
inves ilgative report. The director of central nermittina s
gtatq tie reasons for the denial in writing. specifying the
particular _qrounds for such denial. The APRlicant shall have the
right ofLejpMeAl gs gpeai�f ied in section 29 .44 .
_ -
Section 7. Section 29.44 is amended to read:
Sec® 29.44® Appeals.
Any, applicant or licensee who has been denied the issuance- r
transfer er :nvHi7l of an occupational license pursuant to section
29 . 31, 29.38 or .22. 41(5_)_ 2-9-r-34 shall have the right of appeal to
the city M�-!�ae�- Within ten calendar days from the date
the city notifies; the applicant or licensee of the city's decision
to deny the Li%s,3iance or transfer, --newal of an
occupational license, the applicant or 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 corjduct
a pub-14-e hearing before the city LnADg - within 30 days
_qer
after the filinc'I of the written statement. The applicant or
licensee shall be given written notice of the hearing by ceLrtif ied
mail return rec :IR
LP:L—requested and shall have an opportunity to
present evidence on his or hei- behalf, to cross examine witnesrses,
and to be represented by counsel. The city shall have the burden
of Droof bv a *ore, onderance of the evidence, and the city manager's
decision shall le based solel'y on the evidence presented at the
hearin . Wi ten calendar days of the hearing. the city marL4cLer
shall file with the citv clerk's office and shall serve on, the
DD cant or licensee a written' decision containincr findings of
faces. conclusions of the leaal basis for the decision. The
decision of the city Mana shall be final and
conclusive, subject to judicial review by common law certiorari in
the circuit court for Pinellas the Geounty. The applicant or
i %- - e denial by f a
Lcel2seeL may a12. i to the enforcement o f 4%-hL
peti.ti.cn oK a writ of certiorari and obtaining a temiocLrary
inlunction car_. to restraining order.
Section r
8 . ' his ordinance shall take effect upon adoption.
PASSED ON ]FIRST READING May 4, 1995
PASSED ON SECOND AND FINAL
vs
k
READING AND ADOPTED May 1.8, 1995
Attest:
f
+C '1 3a : . Ccd su
City Clerk
Approved as to form and legal
sufficiency:
Robert Jo- Surette, Esq.
Assistant City Attorney t
,a