HomeMy WebLinkAboutOrdinance No. 02-2007ORDINANCE 42 -2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III
OF CHAPTER 70 TAXATION, OF THE CAPE CANAVERAL
CODE OF ORDINANCES TO CHANGE THE TERM
"OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS
TAX" CONSISTENT WITH FLORIDA LAW; MAKING
CONFORMING AMENDMENTS TO CHAPTER 6,
ALCOHOLIC BEVERAGES, CHAPTER 10 AMUSEMENTS
AND ENTERTAINMENTS, CHAPTER 34 ENVIRONMENT,
CHAPTER 38, FIRE PROTECTION AND PREVENTION,
CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82,
BUILDINGS AND BUILDING REGULATIONS, CHAPTER
110, ZONING; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES, SEVERABILITY,
INCORPORATION INTO THE CODE AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Chapter 205, Florida Statutes, authorizes the City to impose an occupational
license tax for the privilege of engaging in a business or profession Within the City's jurisdiction;
and
WHEREAS, what a particular charge is named by the City is not dispositive of its correct
characterization; and
WHEREAS, some unscrupulous persons present a local occupational license to consumers
as proof of competency to perform various repairs and services; and
WHEREAS, because local consumers may be victimized by these representations, the
Florida legislature enacted Chapter Law 2006 -152, amending Chapter 205, Florida Statutes, to
change the term "occupational license tax" to "local business tax 9 % and
WHEREAS, the City desires to amend Article III, Chapter 70 of the City Code to reflect this
change in terminology consistent with Florida law; and
WHEREAS, the City Council desires to further amend Article III of Chapter 70 so that it
is gender neutral; and
City of Cape Canaveral
Ordinance No. 02 -2007
Page 1 of 20
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to
be in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The forgoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. Chapter 70, Taxation, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows ( underlined indicates additions and
indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in
Chapter 70. It is intended that the text in Chapter 70 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 70. TAXATION
ARTICLE III. LOCAL BUSINESS TAX
See. 70-66. Definitions.
Number of employees means, in those instances in this article wherein the local
business tax is based upon full- or part -time "number of employees" it shall mean the average daily
number of full- or part -time employees during the past calendar year that were employed in the
business on an average business day. A new business shall be based on number of full- or part -time
employees on opening day. All principals in the business shall be deemed as employees and shall
be included in the calculation.
Contractor means any person accepting or offering to accept orders or contracts for doing
any work on or in any building or structure requiring the use of building materials or accepting or
offering to accept orders or contracts to do any paving or curbing on sidewalks or streets on public
or private property requiring the use of appropriate material of any composition; accepting or
offering to accept orders or contracts to excavate earth, rock or material for foundations or any other
purpose; accepting or offering to accept orders or contracts to construct any sewer of appropriate
material or other material; accepting or offering to accept orders or contracts for building,
remodeling, repairing, wrecking, razing or demolishing any structure or for moving any building or
City of Cape Canaveral
Ordinance No. 02 -2007
Page 2 of 20
a of neon signs, air conditioning for the installation, maintenance or repair apparatus or equipment,
grl
red to be done b da
whether such work is done or offered y y labor, general contract or subcontract. Every
s o f acce or offering to accept orders for contracts for doing any
person engaging in the business p g
' or remises involving erecting, installing, altering, repairing, servicing
work on or in any building p remises irin or the
wiring, devices or appliances permanently connected to such w g
or maintaining electric g� pp ractor. Eve
maintaini of lines shall be deemed to be an electrical cant r"
erecting, repairing or g to be a contractor. Every
in the business of lumber or steamfitter shall be deemed
person engaged p u of selling or
person engaged in the business of erecting a building or buildings for the purpose g
retract with a dui
renting the building and making no co y licensed contractor for the erection of such
n contracts with one or more duly licensed contractors for one
building, whether or not such person - ne of
does not contract with any one person for all the work of erecting any o
or more pardons but
such buildings, shall
b e deemed to be a contractor if he or she shall build more than o ne house in any
one year.
Sec. 70 -67. Levied.
Ala
cal business tax is hereby levied for the privilege of engaging
-". v v c L&F profession or occup ation in or managing any business, prof within the city. Such p Oc tip
local business tax is levied on any person who:
(3) Does not qualify under subsection (1) of this section and who transacts any business
or engages in any occupation or profession in interstate commerce, if such � local
business tax is not prohibited by section 8 of article I of the United States Constitution.
Receipt required; payment of tax prerequisite to issuance.
Sec. 70-69. q
e or be the agent for any business or who
transact or many
Each person who shall engage in, g
' s or sell cods advertise goads for sale or perform services
shall perform or offer to perform service goods, .
orinance of services for any of the businesses, professions or
or solicit or advertise the perf
shall first procure a'
local business tax receip from the
occupations mentioned in this article p cei t a
the recei t and before the issuance of the rc , pay
city and shall, upon procuring
the amount of
local business tax required as provided in section 70 -89.
Sec. 70 70. Form, s i g ning rm si nin of s recei is ; report of information.
(a) The city treasurer shall prescribe the form of all Ii ertses local business tax receipts
City of Cape Canaveral
ordinance No. 02 -2007
Page 3 of 20
and applications therefor, and, except as otherwise provided by ordinance, all
receip shall be signed by the city treasurer and shall be invalid for all purposes unless so
signed.
(b) Each person required to pay a local business tax shall
report under oath to the city treasurer all information necessary for a proper determination
of the local business tax due for each classification to which he or
she is subject, including the number of employees, size or average inventory of stock on
hand. The city treasurer is authorized to prepare interrogatories to furnish forms for filing of
the reports to obtain the information necessary to determine the proper
tax local business tax due. The city treasurer is further authorized to make such investigation
and inspection of each place of business and those records pertaining to those taxes due
under this article.
(c) An person who is both a wholesale and retail merchant is required to make separate
Any
p orts for the wholesale business and for the retail business and to obtain ' recei is
accordingly; however, any retail merchant who desires to do a wholesale business may elect
se tax
.
to do such wholesale business under his or her retail receipt by paying a
local business tax based on both the retail and wholesale business at the retail rate.
Sec. 70 -71. Engaging in business without paying tax or making reports.
It shall be unlawful for any person to exercise any of the privileges or to carry on or engage
in or conduct any of the businesses, occupations or professions specifically enumerated in this article
without
paying the local business tax required by this article in the manner
p Y� g
provided in this article or to fail to make any reports to the city treasurer as required or to violate any
other section of this article.
Sec. 70 -73. False statement in recei t application.
It is unlawful for any person to make a statement showing value of inventory in an amount
less than the true amount thereof in his or her application fora local business tax receipt or
to knowingly make a false statement as to any other condition or factor upon which the
local business tax is or shall be based, the effect of which would be to reduce the amount of such tax.
Sec. 70 -74. Recei t year; tax payment date; term of
S receipt; proration of tax.
The receipt year for all
local business tax
recei is shall begin October 1 of each year and shall expire on September 30 of the succeeding year.
All such recei is shall be issued by the city treasurer beginning August 1 of each year upon
City of Cape Canaveral
Ordinance No. 02 -2007
Page 4 of 20
1 business tax and such tax shall be due and payable on
receipt of the appropriate local � d
September 30 falls on a holiday or a weekend, the tax shall be due an
September 3 � of each year. If S ept e issued
kin day followi September 3 0 . No rec t shall b
payable on or before the first working y g .
h recei t obtained by any new business, occupation or agent
for more than one year. For each aid and shall
75 percent of the tax for one year shall be p
after April 1 of the following y ear, p businesses
1 5 percent per month for each month thereafter fo ,
be reduced by an additional p p othe rwise provided
h o en or start after April, but before October, unless p
occupations or agents whic p
in this article.
Sec. 70 75 . Penalty for failure to obtain or renew liCense recei t.
(a) Any person who engages in or manages any business, occupation or profession
without first obtaining a "ieense recei t required under this article is subject to the penalty
stated in F.S. § 205.053(2), or any successor statute.
(b) Any person who engages in any business, occupation or profession covered by this
article who does not pay the required * local business tax within 150
days after the initial notice of tax due and who does not obtain the required
iie�erise local business tax receipt is subject to the civil action, penalties, costs and attorneys'
fees provided in F. S. § 205.053(3), or any successor statute.
Sec. 70 -76. Delinquencies.
• when due and payable shall be considered delinquent and
Each re t not renewed w p Y
2�5.�53�1 }, or any successor statute, Nothing in
subject to the maximum penalty prov ided in F.S. §
this section, however, shall be constru ed to p revent the imposition of a fine or imprisonment or both,
up on conviction for violation of this article.
- recei t required for each place of business.
Sec. 70-77. Separate
obtained for each
A separate recei t shall be o lace of business conducted, operated, p
in an occu
maintained or carried on by every person engaged Y ation, trade or enterprise for which p
a receipt is required by this article.
Sec. 70 -78. Multiple receipt.
article if an
Except as otherwise stated in this � any person engaged in a business, occupation or p
profession at one location or place of business is required in the operation of such business,
his article to have more than one
occupation or profession under t receipt and to pay more
he ' erson shall pay in full all local business
than one local business tax, t
taxes so required.
City of Cape Canaveral
ordinance No. 02 -2007
Page 5 of 20
Whenever any business, occupation or profession shall fall into more than one of the
classifications contained in the schedule set forth in this article, such occupation, business or
' l * recei t requirements and to pay the t=nse
profession shall be required to c omply with the
local business tax imposed sed under or pertaining to each classification or privilege.
Sec. 70 -79. Preservation, display of rec eipt.
All �ieense local business tax receipts granted by the city shall be carefully preserved and
shall be displayed in a conspicuous place in the place of business authorized to be conducted by the
}immense recei t.
Sec, 70 -80. Issuance of duplicate.
Duplicate '' - -- �l�lil����� local business tax receipts may be issued by the city
treasurer. A fee of $10.00 will be assessed for each duplicate Uiz�rrse receipt issued.
Sec. 70 -81. Transfer of recei t.
transferred from one location to another, provided that the
(a) Recei is maybe t
of finance for approval of such transfer. Such
Itcense recei t is presented to the d
a roved b the city treasurer will be made only after payment to
transfer of receipt pp �' but not less than
the city p of a fee u to ten percent of the annual local business tax,
$3.00 nor more than $25.00.
(b) No local business tax receipt issued to a general contractor or
subcontractor maybe assigned or transferred from one person to another.
Sec. 70 -84. Insurance*
local business tax recei t are required to present the
The following applicants fora � less
nce coverag for general tort liability in an amount of not
city with a c showing insura g g
than $100,000.00 to any one pe rson, $ ro
rson 300 000.00 for any one accident and $25,000.00 p ropert y
y
damage, prior to the issuance of a license:
(1) Automobile rental agencies.
(2) Amusement rides.
(3) Carnivals.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 6 of 20
(4) Circuses.
(5) Riding devices.
Sec. 70 -85. Special requirements for contractors and subcontractors.
(a) All contractors and subcontractors shall be required to furnish a bond in the amount
of $1,000.00 payable to the city prior to the issuance of a local
business tax receipt as provided in F.S. § 489.131(3)(e).
No ' local business tax recei t shall be issued to any contractor, general or
fib} .
otherwise, unless the applicant shall first present to the city a certificate showing the
of pp
app licant to be insured for g i general tort liability n the amount of not less than $100,000.00
to an y one person, $300,000.00 for any one accident and $25,000.00 for property damage.
p
Sec. 70 -86. Records of issued recei ts.
The city treasurer shall keep an accurate and thorough record of all
T y p local business
issued, showing the nature of the recei t, its date, expiration and to whom issued.
tax receipts xss g
Sec. 70 -87. Records of receipts.
Eve ry person engaging or continuing in the city any business or exercising any privilege
local business tax shall kee and preserve suitable records of the average annual
subject to a p
Inventory of stock on hand , records sufficient to show the number of employees and a record of all
goo goods and merchandise purchased or received for resale. Every such person shall keep and preserve,
for a period o years, f two all invoices of goods and merchandise purchased or received for resale and
g
the employment employees ent records of all em to ees and shall furnish such records to the city treasurer for
inspection upon request.
Sec. 70 -88. Local business tax for businesses not otherwise designated.
Every oc ation, profession or exhibition engaged in by any person not
p
si ated in section 70 -89 shall be subj ect to a
specifically de gn local business tax as specifically
cited in the "not otherwise classified" category within each section.
Sec. 70 -89. Schedule of rates.
SERVICE - ORIENTED BUSINESSES
to the posted ' the following supplemental
local business tax recei t below,
In addition p
schedule apples
to all service- oriented business. The total license fee, therefore, is equal to the fee
City of Cape Canaveral
Ordinance No. 02 -2007
Page 7 of 20
noted in this supplemental schedule. For example, the fee for an accounting firm with seven
($75.00 is $93.75 em to ees base plus a 25 percent supplemental fee of $18.75 = total fee of
p y
$93.75). In no event however, shall the total license fee in effect on the day prior to the effective date
of the enactment of the ordinance from which this article derives be increased in amounts greater
than the amounts of increase permitted by section 8, chapter 93 -180, Laves of Florida.
TABLE INSET:
Supplemental Schedule (Number of Employees)
5 or less
6to25
26 to 50
51 to 100
More than 100
Total Receipt Fee Due
Base fee only
Base +25%
Base + 50%
Base + 75%
Base + 100%
RETAIL - ORIENTED BUSINESSES
In addition to the p osted I ' local business tax recei t below, the following supplement
schedule applies to all retail- oriented business. The totall recei t fee, therefore, is equal to the
fee noted in this supplemental schedule. For example, the fee for a convenience store with 13 total
fu p employees l- and art -time on the payroll is $62.50 ($50.00 base plus a 25 percent supplemental
p y
$
fee of 12.50 = total fee of $62.50). In no event however, shall the total receipt fee in effect
y p rior to the effective o
on the day date the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitt ed by Section 8 Chapter
93 -180, Laws of Florida.
TABLE INSET:
Supplemental Schedule (Number of Employees)
5 or less
6to25
26 to 50
51 to 100
More than 100
Total Receipt Fee Due
Base fee only
Base + 25%
Base + 50%
Base + 75%
Base + 100%
City of Cape Canaveral
Ordinance No. 02 -2007
Page 8 of 20
ENTERTAINMENT - ORIENTED BUSINESSES
In addition to the posted local business tax receipt below, the following supplemental
schedule applies to all entertainment - oriented business. The total receipt fee, therefore, is
equal to the fee noted in this supplemental schedule. For example, the fee for an entertainment center
with 33 total full- and part --time employees on the payroll is $187.50 ($125.00 base plus a 50 percent
If A �qq on
supplemental fee of $62.50 = total fee of $187.50). In no event, however, shall the total
receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from
which this article derives be increased in amounts greater than the amounts of increase permitted by
Section 8, Chapter 93-180, Laws of Florida.
TABLE INSET:
Supplemental Schedule (Number of Employees)
5 or less
6to25
26 to 50
51 to 100
More than 100
Total Receipt Fee Due
Base fee only
Base + 25%
Base + 50%
Base + 75%
Base + 100%
CONTRACTOR AND SUBCONTRACTORS
In addition to the posted IjAk A.Mase local business tax receipt below, the following supplemental
schedule applies to all contractors and subcontractors. The total ' receipt fee, therefore, is equal
to the fee noted in this supplemental schedule. For example, the fee for an AC and heating company
with six total full- and part -time employees on the payroll is $93.75 ($75.00 base plus a 25 percent
supplemental fee of $18.75 = total fee of $93.75). In no event, however, shall the total recei t
fee in effect on the day prior to the effective date of the enactment of the ordinance from which this
article derives be increased in amounts greater than the amounts of increase permitted by Section 8,
Chapter 93 -180, Laws of Florida.
TABLE INSET:
Supplemental Schedule (Number of Employees)
5 or less
Total Receipt Fee Due
Base fee only
C ity of Cape Canaveral
Ordinance No. 02 -2007
Page 9 of 20
6to25
26 to 50
51 to loo
More than 100
Base + 25%
Base + 50%
Base + 75%
Base + 100%
MANUFACTURING - ORIENTED BUSINESSES
In addition to the posted local business tax recei t below, the following g supp lemental
schedule applies to all manufacturing - oriented business. The total ense re
cep t fee, therefore, is
equal to the fee noted in this supplemental schedule. For example, the fee for a P � f actory center with
165 total full- and part -time employees on the payroll is $350.00 $175.00 base e plus a 100 percent
supplemental fee of $175.00 = total fee of $350.00). In no event however, shall 1 the total
receipt fee in effect on the day prior to the effective date of the enactment of
the ordnance from
which this article derives be increased in amounts greater than the amounts of i ncrease permitted by
Section 8, Chapter 93 -180, Laws of Florida.
TABLE INSET:
Supplemental Schedule (Number of Employees)
5 or less
6to25
26 to 50
51 to 100
More than 100
Total Receipt Fee Due
Base fee only
Base + 25%
Base + 50%
Base + 75%
Base + 100%
COIN- OPERATED DEVICES
A "coin- operated device" is hereby defined as any machine, apparatus or device that o
on pp Aerates
up the insertion of money, trade token, ticket or slug greater in denomination than ten cen ts. The
premise in which a coin - operated machine is located and operated shall a the re
. A pay c e1 t fee
set forth herein. Coin- operated devices where the entire roceeds of such devices are used sed far
charitable purposes as defined in Section 501 )(3 of the IRS Code of 1986 are exempted xempted from
these fees. Telephones, newspaper dispensers, U.S. stamp achines checking locker
p � g s, toilet locks
and cigarette vending machines are also exempted from these fees. When the vending machine achine is
City of Cape Canaveral
Ordinance No. 02 -2007
Page 10 of 20
provided exclusively as a service to employees or tenants and is not meant or used b customers
outside the company or complex, no fee is assessed. In no event, however shall the t otal
recei t fee in effect on the day prior to the effective date of the enactment of the ordin
anc e from
which this article derives be increased in amounts greater than the amounts of increas permitted by
Section 8, Chapter 93-180, Laws of Florida.
The local business tax receipt on vending and amusement machines
shall be based on the highest number of machines located on the business premises on any single day
during the previous licensing year or in the case of new businesses based on an estimate of the
current year. Replacement of one machine with another machine during a receipt year does
not affect the tax assessment for that year unless the replacement machine belongs to
x receipt classification that requires a higher tax rate.
Section 3. Conforming Amendments to Chapter 6. The following conforming g g
are hereby made to Chapter 6, Alcoholic Beverages, of the Cape Canaveral Code of Ordinances
Winces
(underlined type indicates additions and qnrcev t type indicates deletions while asterisks � }
indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the he text in
Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchang g d from the
language existing prior to adoption of this Ordinance):
CHAPTER 6. ALCOHOLIC BEVERAGES
ARTICLE II. OPERATION OF ESTABLISHMENTS
Sec. 6 -27. Nudity on premises where served, consumed or stored.
(d) If the owner, operator, lessor, lessee, manager, employee or an other
Y p erson
P
participating in the operation of a commercial establishment located within the city at which
alcoholic beverages are offered for sale, served, consumed or stored shall be convicted of any
of the offenses designated in subsection (a) of this section, the city treasurer shall revoke the
. Y
local business tax recei t for the establishment after givin g a reasonable
notice thereof to the holder of the receipt and affording the holder an opportunity to
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be heard as to why the revocation should not be issued.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 11 of 20
S ection 4. Conformin g Amendments to Chapter 10. The following conforming amendments
are he y p m
hereby made to Ch 10, Amusements and Entertainments, of Cape Canaveral Code of
Ordinances (underlined yp t e indicates additions and strikeout type indicates deletions, while asterisks
(***) indicate a deletion from this Ordinance of text existing in Chapter 10. It is intended that the
text in Chapter 0 denoted b the asterisks and set forth in this Ordinance shall remain unchanged
p ter Y
from the language existing prior to adoption of this Ordinance):
CHAPTER 10. AMUSEMENTS & ENTERTAINMENTS
ARTICLE III. OUTDOOR ENTERTAINMENT
DIVISION 1. GENERALLY
Sec. 10 -48. Penalties for violations.
(b) The city council may revoke the special outdoor entertainment permit granted and
shall immediately notify the city treasurer to revoke any local business
tax receipt upon the occurrence of any violation of this article.
Sec. 10 -49. Local business tax receipt required.
It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment
event in the city unless he shall have secured an occupaLIVIICLI I- a local business tax recei t as
far in section 70 -g S which local business tax rece�� shall be issued
provided
only after issuance of the special entertainment permit by the city council.
ARTICLE IV. SEXUALLY ORIENTED BUSINESSES AND ADULT
ENTERTAINMENT ESTABLISHMENTS
Sec. 10 --90. Definitions.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 12 of 20
The following words and phrases defined in this section and used in this article shall have
the meaning herein prescribed, unless the context clearly suggests otherwise.
Commercial or pecuniary gain: operated for commercial or pecuniary gain shall be
presumed for any establishment which has received an a local business tax
receipt. For the purposes of this article, operation for commercial or pecuniary gain shall not depend
on actual profit or loss. An establishment which has an ocCu i jaL.11011al ntCense a local business tax
receipt or an establishment which advertises itself as a type of adult entertainment establishment
shall be presumed to be "operated for commercial or pecuniary gain."
Sec. 10 -103. Annual license fee.
(b) The annual license fees are declared regulatory in nature, collected for the purpose
of examination and inspection of adult entertainment establishments and sexually oriented
businesses under this article and the administration thereof. This annual license fee is hereby
declared to be revenue neutral in that the city will incur a greater annual cost to license and
monitor an adult entertainment establishments and sexually ori ented businesses compliance
with this article. These regulatory fees are in addition to, and not in lieu of, the
aes tax local business taxes imposed by the Cape Canaveral City Code or state law
and other land development or regulatory fees associated with general commercial activities
and locations.
Sec. 10 -115. Commercial bodily contact establishments provisions.
In addition to all general requirements of this article pertaining to adult entertainment
establishments and sexually oriented businesses contained in this article, a commercial bodily
contact establishment, regardless of whether it is licensed under this article, shall:
(a) Operate only from a fixed physical location which is set forth on its sexually oriented
business license and all required local business tax receipts.
Sec. 110-116. Escort service.
City of Cape Canaveral
Ordinance No. 02 -2407
Page 13 of 20
hall ensure that eve escort and worker of the escort service is
(g} Each escort services every
provided with a copy of the escort service's license and carries it while working as an escort
said license upon the request of any law enforcement officer or
far the service, and displays p
the city manager o gn
r his designee. In addition to a copy of the escort service's license, each
escort service shall ensure that each escort has a local business tax
receipt to engage in the occupation of escort within the city and that they carry said license
said * recei t upon the request of any law enforcement
while working, and displays
officer or the city manager er or his designee. Notwithstanding the foregoing, an escort or
g
p
worker of an escort
service who is a aid employee for whom taxes and social security
payments are withheld and paid b the licensed escort service and who is not an independent
contractor may substitute ubstitute and ca a copy of the sexually oriented business /escort service
license of the employing escort service only, provided that worker records as required by this
article are created and maintained by the licensed escort service.
(h) If a meeting with or the service of a customer occurs at a location not open to the
en the escort shall check in with the on duty manager of the premises in person
public, then
where the meeting or service occurs or begins prior to meeting or servicing a customer and
g
advise the manager of the
following: names of the escorts ), the escort service and
customers ) the escort ' s time me ' of arrival and estimated time of departure; and a copy of the
,
riented business license and the escort's own
aLl
escort service's sexually o .
local business tax rece i t if applicable, and the location of the meeting within the structure.
Sec. 10 -123. Records -- Unlawful provisions.
(d) It is unlawful for a
worker at or of an adult entertainment establishment or sexually
oriented busines s , regardless of whether licensed under this article, to fall to obtain, carry or
produce for inspection by a law enforcement officer upon request, 0c 711al license a local business tax recei t occupation the occu ation in which the worker is engaged; provided,
however, that a worker of an adult entertainment establishment or sexually oriented business
who is a paid employee for
whom income taxes and social security payments are witnheld
and paid by the establishment t and who is not an independent contractor shall not be required
to obtain mi oce A I n-m-nce , L a local business tax recei t or their own adult entertainment
establishment /sexually oriented business license.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 14 of 20
See. 10-125. Special prohibitions relating to escorts and escort services --- Unlawful provisions.
It is unlawful for any escort, escort service or worker of an escort service, regardless of
whether licensed under this article, to commit any of the following acts or for an operator of an
escort service regardless, of whether licensed thereunder, to knowingly permit, suffer, aid, assist or
allow any escort or escort service worker to commit any of the following acts:
(a) To enter a hotel, motel or other place of temporary lodging for the purpose of meeting
or providing services to a customer without immediately upon entering such hotel, motel or
other place and prior to meeting the customer making personal face -to -face contact with the
on duty manager at the front desk or reception area and providing that person with the
following information:
2. A copy of the escort service's sexually oriented business license and, if
applicable, the escort's local business tax receipt;
Sec. 10 -128. Local Business Tax Receipts /home occupations.
(a) The city manager or his designee may take such steps as may be necessary to ensure
that the local business tax receipt is paid by only such individuals
and entities that are lawfully permitted in accordance with the provisions of this article.
ARTICLE V. SLOT MACHINES OR DEVICES
Sec. 10 -202. Slot machine or device prohibited.
(b) No local business tax receipts shall be issued by the city for any
business, enterprise, or organization that proposes to operate a slot machine or device in the
city and no local business tax receipt shall be issued by the city for a slot
machine or device.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 15 of 20
Section 5. Conforming Amendments to Chapter 34. The following conforming amendments
are hereby made to Chapter 34, Environment, of Cape Canaveral Code of ordinances ( underlined
type indicates additions and type in deletions, while asterisks (***) indicate a
deletion from this ordinance of text existing in Chapter 34. It is intended that the text in Chapter
34 denoted by the asterisks and set forth in this ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 34. ENVIRONMENT
ARTICLE VI. ABANDONED PROPERTY
Sec. 34 -176. 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:
Inoperable motor vehicle means a motor vehicle which is unusable for its intended purpose
or incapable of operating under its own power due to extensive damage, disassembly, deterioration,
or the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The
absence of a license plate for the current year and/or the absence of a current motor vehicle
registration shall be prima facie evidence that such motor vehicle is inoperable. This definition shall
not apply to motor vehicles owned or leased by an automobile dealer, provided that such dealer shall
possess a current, valid local business tax receipt and the vehicles are stored on
property which is properly zoned and approved for use as an automobile dealership.
Section 6 . Conforming Amendments to Chapter 38. The following conforming amendments
are hereby made to Chapter 38, Fire Prevention and Protection, of Cape Canaveral Code of
Ordinances ( underlined type indicates additions and t type indicates deletions, while asterisks
(* * *} indicate a deletion from this ordinance of text existing in Chapter 38. It is intended that the
text in Chapter 38 denoted by the asterisks and set forth in this ordinance shall remain unchanged
from the language existing prior to adoption of this ordinance ):
CHAPTER 38. FIRE PREVENTION AND PROTECTION
City of Cape Canaveral
Ordinance No. 02 -2007
Page 16 of 20
ARTICLE I. IN GENERAL
Sec. 38 -2. Fire safety fees.
In order to defray the costs of inspection and enforcement of its fire safety ode in
y the
construction and maintenance of buildings within the city, the city adopts the following fees:
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(d) Whenever a periodic inspection is required by law or ordinance or when any person
requests a periodic inspection of a fire safety system, the following fees shall apply:
(1) Annual inspections:
b. Nonresidential, includes all retail, office, industrial and residential
structures that are required to have local business tax
receipt per section 110 -52 1:
First l ,000 square feet ... 25.00
Each additional 1,000 square feet. . . 1.75
Section 7. Conforming Amendments to Chapter 80. The following conforming g g
are hereby made to Chapter 80, Vehicles For Hire, of Cape Canaveral Code of Ordinances
underlined type indicates additions and type indicates deletions while asterisks (***
indicate a deletion from this ordinance of text existing in Chapter 80. It is intended that the text
p in
Chapter 80 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
he
language existing prior to adoption of this ordinance):
CHAPTER 80. VEHICLES FOR HIRE
ARTICLE I. IN GENERAL
Sec. 80-3. Licenses and fees to be in addition to other taxes and charges.
City of Cape Canaveral
Ordinance No. 02 -2007
Page 17 of 20
All licenses and fees provided for and levied in this chapter are regulatory fees imposed to
cover the cost of regulating the op p
operations of public vehicles in the city. All licenses and fees shall
1991 R be additional to the annual 0 -- La.&
local business tax and any other taxes and
charges leveed by and payable to
the city. As required by this chapter, all licenses shall be issued and
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fees paid on an annual basis. Each renewal fee shall become due one year from the date of initial
issuance or most recent renewal.
• Amendments to Chapter 82. The following conforming amendments
Section 8. Conforming A p g
are hereby made to Chapter 82,
Buildings and Building Regulations, of Cape Canaveral Code of
indicates additions and t type indicates deletions, while asterisks
Ordinances ( underlined type
(***) indicate a deletion from this - i s ordinance of text existing in Chapter 82. It is intended that the
text In Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language exi sting prior to adoption of this Ordinance)
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. GENERAL ADMINISTRATIVE
Sec. 82 -2. Local business tax receipt required for contractors.
All contractors covered by this chapter must secure a local business
tax receipt from the city if their businesses are located within the city.
Section 9
• . Conforming Amendments to Chapter 110. The following conforming amendments
are hereby made to Chapter g, p
110 Zoning, f Cape e Canaveral Code of Ordinances (underlined type
type indicates deletions, while asterisks (***) indicate a deletion
indicates additions and Yp - 110
text existing in Chapter n Chapter from this ordinance oft g ter 110. It is intended that the text i
p
denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this ordinance):
CHAPTER 110. ZONING
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
City of Cape Canaveral
Ordinance No. 02 -2007
Page 18 of 20
DIVISION 4. HOME OCCUPATIONS
Sec. 110 -523. Local Business Tax Receipt required.
Permitted home occupations shall comply with the city local
business tax levied pursuant to section 70 -66 et seq.
Section 10. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 11. Incorporation into Code. This ordinance shall be incorporated into the Cape
Canaveral an
averal City Code and section or paragraph, number or letter, and any heading may be
Y
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
err ors ma y be corrected and additions, alterations, and omrnissions, not affecting the construction
or meaning of this ordinance and the City Code may be freely made.
Section 12. Severabili . If section, subsection, sentence, clause, phrase, word or provision
Y
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate,, distinct and independent provision, and such holding shall not affect the validity of the
p p
remaining portions of this ordinance.
Section 13. Effective Date. This ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 02 -2007
Page 19 of 20
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20' day of
February, 2007.
_ F Af °�t ROCKY RA ELS, Mayor
ATTEST;" 4 Mf ; =' For Against
Bob Hoog X
Leo Nicholas Motion
SUS N STILLS, City Clerk Buzz Petsos X
Rocky Randels X
C. Shannon Roberts Second
First Reading: February 6,2007
Legal Ad published: February 10, 2007
Second Reading: February 20,2007
Approv-. as o le..1 form and sufficiency for
the C; Dupe C. averal only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02-2007
Page 20 of 20