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HomeMy WebLinkAboutOrdinance No. 16-1981IVs I CROF I LM E D 1-18-83 ORDINANCE NO. 16 -81 AN ORDINANCE AMENDING CODE CHAPTER 721, "OCCUPATIONAL LICENSES ", OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING AN ADMINISTRATIVE HEARING AND APPELLATE PROCESS; ESTABLISHING A NEW FEE SCHED- ULE; REMOVING ALL PORTIONS OF THE CODE IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 721 -of the City code of the City of Cape Canaveral, Florida, is hereby repealed in its entirety and replaced with the following Chapter: CHAPTER 721 OCCUPATIONAL LICENSES Sec. 721.01 Short Title. This chapter shall be known and may be cited as the "City of Canaveral Occupational License Tax ". Sec. 721.02 Definitions. The definitions of the terms and phrases as set forth in Section 205.22, Florida Statutes, Laws of Florida, 1979, are hereby in- corporated into this chapter by reference and such terms and phrases when used in this chapter shall have the meaning designated to them accordingly. Sec. 721.03 Tax Levied. The City of Cape Canaveral, Florida, does hereby levy and impose an occupational license tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. Such occupational license tax is levied on: (A) Any person who maintains a permanent business location or branch office within the City of Cape Canaveral for the privilege of engaging in or managing any business within its jurisdiction; and (B) Any person who maintains a permanent business location or branch office within the City of Cape Canaveral for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (C) Any person who does not qualify under the provisions of (A) and (B) above and who transacts within the City of Cape Canaveral any business or engages in any occupation or profession in interstate commerce where Such license tax is not pro - hibited by Section 8 of Article I of the United State Constitution. Such occupational license shall be issued to each person upon payment of the occupational license tax provided in this ordinance and upon full compliance with all requirements or conditions specified under the classification requested. Sec. 721.04 Form,. Signing. The City Treasurer shall prescribe the form of all licenses and applications therefor, except as otherwise provided by ordinance, all licenses shall be signed by the City Treasurer and shall be invalid for all purposes unless so signed. Sec. 721.05 Separate Licenses. A separate license shall be obtained for each place of business and for every business conducted, operated, maintained or carried on by every person engaged in any occupation, calling, trade, or enterprise, for which a license is required by the ordinance. Sec. 721.06 Transfer by Sale. All occupational licenses may be transferred to a new owner when there is a bona fide sale of the business, upon payment of a transfer fee of three ($3.00) dollars and presentation of evidence of the sale and the original license. ORD NO 16-81 PAGE 1 OF 17 PGS MICROFILMED 1.18-88 Sec. 721.07 Transfer, Location. Upon written request and presentation of the original license, any license may be transferred from one location :to another location within the City, upon payment of a transfer fee of three ($3.00) dollars. Sec. 721.08 Evidence of Doing Business. The advertisement of any business, profession or occupation, by sign, newspaper, magazine, or otherwise, shall be conclusive evidence of the engaging in and carrying on in the City of Cape Canaveral, Florida, of the business, profession, or occupation so advertised. Sec. 721.09 Application. All applicants for licenses requiring approval by the City Council shall submit application to the City Treasurer not less than two weeks prior to workshop meeting of the Council, at which time the application is to be considered. Reasonable time shall be allowed following filing of application for proper investigation prior to issuance of license, but applicant shall not be subjected to unnecessary hardship in obtaining license. Sec. 721.10 (A) License Year. All occupational licenses shall.be sold by the City Treasurer beginning September 1 of each year and shall. be due and payable on October 1 of each year and shall expire on September 30 of the succeeding year. Licenses issued to any new business, profession:or occupation. after March 1 of each year shall be one -half of the license fee for one year, unless otherwise hereinafter specifically provided. (B) Delinquent Licenses. Those licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of ten per cent (10 %) for the month of October, plus an additional five per cent (5 %) penalty for each month of delinquency thereafter until paid; provided that the total delinquent penalty shall not exceed twenty -five per cent (25 %) of the occupa- tional license fee for the delinquent establishment. (C) Penalties. Any person engaging in or managing any business, occupation or profession without first obtaining a City of Cape Canaveral occupational lic- ense, shall pay a penalty of twenty -five per cent (25 %) of the license determined to be due, in addition to any other penalty provided by law or ordinance. Sec.721.11 Schedule.of Rates. The amount of occupational license tax levied and imposed upon every person who shall engage in or manage any business, pro- fession, privilege or occupation hereinafter mentioned, within the City of Cape Canaveral, is hereby fixed, determined and imposed at the following rates or amounts: ABSTRACT COMPANIES Employing not more than 3 persons Employing more than 3 persons ACCOUNTANTS (see Professional) ADVERTISING $62.50 $'93.75 (A) Agents or agencies writing advertisements for profit unless otherwise specified $125600 (B) Each person, firm, association, company or corporation maintaining billboards or signboards upon which adver- tising is displayed, either by permanent sign painted thereon or paper posted on or attached thereto, for which a charge is made (C) Advertising on streets, sidewalks, alleys, public ways, and parks by the distribution of any printed matter or device, when /not otherwise licensed to do business in the City and 'maintaining a place of business; therein (D) Outdoor advertising such as painted walls, bulletins, bill posting, spectacular electric displays, and such (E) Contracting for advertising in, or on buses, or other public carriers $125.00 $125.00 $ 43.75 $ 18.75 ORD NO 16-81 PAGE 2 OF 17 PGS MICROFILMED 1 -18 -83 (F) Distributing of circulars of other advertising matter (excepting licensed persons advertising their own merchandise or business) (G) Advertising on streets with banner, floats, cartoons, or other exhibitions, but not using sound effects or music, and when operated so as not to constitute a nuisance or breach of the peace, for each unit or ve- hicle (such advertising and exhibitions must comply with the Building Code and be approved by and issued a permit by the Police Department) $ 31.25 $ 31.25 (H) Advertisement or trade inducement, promotion schemes, or systems employing the use of discount, trading stamps, or coupons excepting by merchants or other persons limiting such device to the promotion of their own business; each company $125.00 Each representative or solicitor $ 12.50 AGENCIES OR AGENTS AND.SALESMEN Distributor (meaning any salesman or agent who ware- houses a produce or product within the city limits and does business by distributing such stocks after $ 12.00 sale by him), annual occupation tax $12.00 per agent to or salesman, maximum $62.50 $ 62.50 AIRCRAFT OR SEAPLANE, OPERATED FOR HIRE,. with office and service connection in City $ 31.25 AIRCRAFT SALES $ 62.50 AIRCRAFT SERVICE $ 31.25 ARMS (see Merchant) ASTROLOGERS, SPIRITUALISTS, MEDIUMS Each spiritualist medium not affiliated with a church, every fortune teller, clairvoyant, phrenologist, char- acter reader, treatment healer or mental healer, and every person engaged in any occupation of similar nature, per year ASTRONOMERS Exhibiting on streets or public places with telescope for which fees are charged AUCTIONEERS $250.00 $ 12.50 $ 62.50 AUCTION SALES Of household goods of residents located within the City of Cape Canaveral and of stocks or goods, wares and mer- chandise: :of_established places of business carried on within the City of Cape Canaveral for a period of at least six months prior to the beginning of such auction, per day $ 31.25 Of goods, wares, merchandise, including jewelry, Orien- tal rugs and goods, imported articles and other items not constituting a part of the regular stock of goods, wares or merchandise of a place of business conducted within the City of Cape Canaveral for one year prior to such auction and brought within the City for the purpose of such auction sale $625.00 ORD NO 16 -81 PAGE 3 OF 17 PGS i MICROFILMED 1 -18 -83 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS FARM TRACTORS, AND FARM IMPLEMENTS (A) Dealers in new or used cars, motor vehicles, trucks farm implements with one principal place of business not to exceed one separate lot.for display purposes including service and repair shop, paint shop. and all related operations (B) Each additional display lot, where a car or cars may be displayed (this includes the display of a single car at a service station, supermarket, or other singu- lar location) $125.00 $ 62.50 (C) Automobile filling and /or service stations, selling gasoline and oil at retail, including stock of access- ories not to exceed $5,000, including the customary washing, polishing, and servicing of cars and trucks (but not including a repair shop and /or garage), each 62.50 (See Garage) Providing, however, that if the total underground storage exceeds an amount greater than 1,000 gallons per pump, there shall be a tax for the excess storage of each 1,000 gallons or fraction thereof $ 6.25 (D) Auto Storage: used exclusively for- storage purposes: (1) 2,000 square feet area or less (2) Each additional 1,000 square ft. (E) Auto Parking Lots (1) 2,000 square feet or fraction thereof (2) Each additional 1,000 square feet or fraction thereof (F) Branch of factory distributing cars, trucks, tractors etc. (G) Vehicles or aircraft for hire, drive or fly yourself rental services (also see Taxi) (H) Grease or wash rack, not in connection with other business (I) Used car parts, dealer in - used for purpose other than junk (J) Sale of accessories (same as retail merchant) (K) Wrecker or tow service, not in connection with fran- chised automobile dealership AWNING AND TENT MAKERS BAIT BAKERY, retail BANKS BARBER SHOP First chair Each additional chair BEACH CONCESSIONS as may be permitted by City Council BEAUTY PARLORS One operator Each additional operator $ 25.00 6.25 $ 12.50 $ 6.25 $ 62.50 $ 93.75 $ 18.75 $ 31.25 $ 31.25 $ 25.00 $ 18.75 $ 43.75 $375.00 $ 31.25 6.25 $125.00 $ 25.00 6.25 CO) NO 16 -81 PAGE 4 OF 17 PGS i I M I CROF I 1 MED 1 -18 -83 BICYCLE REPAIR SHOP BILLIARD AND POOL ROOMS FOR PUBLIC USE OR PROFIT Each table BLACKSMITH SHOP, not in, connection with other licensed business BOATS FOR HIRE $ 12.50 $ 18.75 $ 12.50 $ 12.50 BONDSMEN (see Professionals, Class II) BOAT LINES, receiving and delivering freight and /or express and /or passengers $ 31.25 BOOK AGENTS OR CANVASSERS, taking orders or selling books or magazines Resident $ 18.75 Nonresident (intrastate) $ 31.25 BOOT AND SHOE REPAIR SHOP $ 18.75 Each additional repairman 6.25 BOTTLING WORKS (nonintoxicating) $ 62.50 Each truck 12.50 BOWLING ALLEYS Each alley $ 18.75 BROKERS - Stock and Bond $ 62.50 Mortgage, each 62.50 BUILDING AND LOAN ASSOCIATIONS ( not federal agency ) BUS COMPANIES, each business CABINET MAKERS AND UPHOLSTERERS CARNIVALS, per week or fraction thereof, and only upon approval of City Council CAR WASH CASH REGISTERS, BUSINESS MACHINES Etc. (see Merchants) CEMETERY $125.00 $ 25.00 $ 31.25 $1,250.00 $ 31.25 $250.00 CIGARS AND TOBACCO Wholesale dealers $ 31.25 CIRCUS (upon approval of City Council) First week of exhibition Each succeeding day CIRCUS PARADES (upon approval of City Council) When exhibition held in or outside City CLAIM AND COLLECTING AGENCIES (Each applicant for a license to operate a claim or collection agency shall file with the City Clerk a surety bond in the sum of one thousand dollars) CLAIRVOYANT (see Spiritualists) CLEANING AND BLOCKING OF HATS - not in connection with other licensed business CLUBS, LODGES AND FRATERNAL ORGANIZATIONS, profit making COLD STORAGE WAREHOUSE, for rental storage CONCRETE PLANT OR BLOCK PLANT located within the City $312.50 62.50 $ 62.50 $ 62,50 $ 12.50 $ 62.50 $ 62.50 $187.50 ORD NO 16-81 PG 5 OF 17 PGS MICROFII IVIED 1 -18 -83 CONTRACTORS ENGINEERING shall pay the following occupational fees based upon the floor area occupied or used in their respective businesses 1,000`=sq. ft. or less 1,001 sq. 4, through 5,000 sq. ft. 5,0O1sq.`ft. through 10,000 sq. ft. 10,001 sq. ft. through 20,000 sq. ft. 20,001 sq. ft. or over CONTRACTORS- GENERAL Class I and II Class III CONTRACTORS, ELECTRICAL Master Journeyman CONTRACTORS, PLUMBING Master Journeyman CONTRACTORS, House moving and house wrecking CONTRACTORS, Street Paving SUBCONTRACTORS: Including, but not limited to: Carpentry, painting, roofing,.sheetmetal, concrete construction, masonry and plastering, lathing, clearing, grading, etc., with heavy machinery, dredging, bulkheading All plumbing, electrical, building, roofing and septic tank contractors, and any other contractors shall at the time of taking out a license as required by this ordinance furnish a surety bond in the amount of $1,000 payable to the City of Cape Canaveral. No license shall be issued to any contractor, general or other- wise, unless the applicant therefore shall first present to the City a certificate showing said applicant to be insured -for general tort liability in the amount of not less than $10,000 to any person, $20,000 for any one accident, and $5,000 property damage. Any can- cellations of insurance shall automatically act:as a revocation of said occupation license. No license shall be issued to any contrac- tor, general or otherwise, unless the applicant therefore shall first present a current Certificate of Competency issued by Brevard County or the State of Florida, showing said applicant to be a qualified contractor in good standing regarding the class in which he is apply- ing for license. License reassignment: No occupational license as general contractor, master electrician, journeyman electrician, master plumber, or journeyman plumber may be assigned or transferred from one person to another. $ 31.35 62.50 125.00 250.00 375.00 $125.00 62.50 $ 93.75 12.50 12.50 $ 93.75 12.50 12.50 $ 62.50 $125.00 $ 62.50 CONTRACTORS DEFINED: Any person, firm, or corporation accepting or offering to accept orders or contracts fordoing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, wallpaper, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other build- ing material; or accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of asphalt, brick, stone, cement, wood, or any composition; or accepting or offering to accept orders of con- tracts to excavate earth, rock or material for foundations or any other purpose; or accepting or offering to accept orders or contracts to construct any sewer of stone, brick, concrete, terra cotta, or other ORD NO 16 -81 PG 6 OF 17 PGS 1 1 MICRON! MEIN 1 -18 -83 material; or accepting or offering to accept orders of contracts for building, remodeling, repairing, wrecking, razing, or demolish- ing any structure; or for moving any building; or for the instal- lation, maintenance, or repair of neon signs, or air conditioning apparatus or equipment; shall be deemed a contractor, whether such work is done or offered to be done by day labor, general contract, or subcontract. Any person, firm, or corporation engaging in the business or accept- ing or offering to accept orders or contracts for doing any work on or in any building or premises involving erecting, installing, alter- ing, repairing, servicing or maintaining electric wiring, devices, or appliances permanently connected to such wiring; or the correcting, repairing or maintaining of lines, shall be deemed to be an electrical contractor. Any person, firm, or corporation engaged in the business of plumber or steam fitter shall be deemed to be a contractor. Every person engaged in the business of erecting a building or buildings for the purpose of selling or renting the same, and making no contract with a duly licensed contractor for the erection of said building or buildings, whether or not such person contracts with one or more duly licensed contractors for one or more portions, but does not contract with any one person for all of the work of erecting any one of said buildings, shall be deemed a contractor if he shall build more than one single family residence in any one year. COIN - OPERATED DEVICES, distributor $187.50. Any person, firm, 'or corporation who leases or rents, or places under any kind of arrangement whatever, any coin- operated skill machines, jukeboxes, electric pianos, and other coin- operated machines shall pay -a license fee for each machine $ 12.50 On each coin- operated or merchandise vending machine, except those listed as exceptions, there is here fixed a license of On all machines or devices operated by the insertion of a penny, the license tax shall be Provided, no such machines or devices shall be placed upon the sidewalks or on other City property. The City may require, at the option of the City Council, that each coin - operated device be af- fixed with a decal or sticker indicating the City license number and date of issuance. EXCEPTIONS: No license shall be required on coin- operated machines, such as automatic washers and dryers, detergent dispensers, auto- matic food and beverage dispensing machines, newspaper dispensing machines, parcel checking lockers and toilet locks used in railroad, bus, airport stations, or depots, and in hotels, boarding houses, restaurants and restrooms for the convenience of, and in rendering services to the public. $ 12.50 $ 6.25 CREDIT ASSOCIATION $ 62.50 Firms or corporations or agents thereof, supplying information or for collecting for members and/or -Others Each applicant for a license shall file with the City Clerk a surety bond in the sum of one thousand $1,000) dollars, if re- quired by other City ordinance DANCE HALLS, for profit To allow the public to dance in any place of business either to the music of an orchestra or other mechanical device DELICATESSEN $250.00 $ 31.25 $ 31.25 ORD NO 16 -81 PG 7 OF 17 PGS MICROFILMED 1 -18 -83 DELIVERY TRUCKS Each truck, not owned and operated by a business for which another annual license tax has been paid DETECTIVES Private detectives and detective agencies (Subject to State Statutes and regulations) DENTAL LABORATORY DEVELOPERS Land or subdividers DIAPER SERVICE (see Dry Cleaners) $ 31.25 $ 62.50 $ 31.25 $ 62.50 DIRECTORY, CITY (to engage in the business of compiling a City directory) $ 62.50 Each applicant for a license shall file with the City Clerk a surety bond in the amount of $1,000. The City Council may authorize a refund of the occupa- tional license if such firm furnishes the City, at no Bost, sufficient number of copies for the City DIVINE HEALERS (see Astrologers, Spiritualists, Mediums) DOG AND PONY OR.OTHER ANIMAL SHOWS First day Each additional day (Upon approval of City Council) DRY CLEANERS With plants in City With plants out of City and truck pick -up Each pick -up station DRESSMAKING SHOPS, except home dressmakers, where materials are not sold or furnished ELECTRIC LIGHT AND POWER COMPANIES EMPLOYMENT AGENCY, for a fee The term employment agency as used in this ordinance shall be held to mean and include the business of keeping an in- telligence office, employment bureau, or other agencies for procuring work and employment and the term employment agency, herein used shall be held and construed to mean the licensed owner, proprietor, or manager of such employment agency or office and all persons acting in his behalf. Each applicant for an employment agency license shall file with the City Clerk a surety bond in the amount of $1,000. $ 31.25 6.25 $ 31.25 62.50 12.50 $ 18.75 $312.50 $ 62.50 ENGRAVERS OR LITHOGRAPHERS $ 25.00 ESCORT SERVICES OR PERSONAL SERVICES EXHIBITORS Freaks or other curiosities, per day (Must have permission of City Council) EXPRESS COMPANIES (on intrastate business -only) Railway - State law maximum Truck - State law maximum Airway - State law maximum (See Section 167.4302, Fla. Statutes) EXTERMINATING COMPANIES AND AGENTS With one truck Each additional truck - must have a State license 31.25 $ 31.25 $ 31.25 $ 31.25 12.50 ORD NO 16 -81 PG 8 OF 17 PGS FACTORIES, wholesale Manufacture of apparel and accessories, chemical and allied products, iron and steel and their products, nonferrous metals and their products, stone, clay, glass and plastics products and other manufacturing MICROFILMED 1 -18 -83 $125.00 FACTORIES Manufacture of shell novelties and other products of similar nature, not in connection with other licensed business $ 31.25 FENCE COMPANIES AND AGENTS $ 31.25 FERRIS WHEEL or similar amusement devices Each,per week $ 43.25 (Upon approval of City Council) FIRE AND WRECK SALES, each $ 62.50 FIREWORKS - wholesale and retail, prohibited FLORISTS When operating in connection with any other business for which annual license tax has been paid $ 31.25 FOOD PROCESSING When food is prepared on premises but Consumed off premises $ 31.25 FORTUNE TELLERS, PALMISTS, ETC. (see Astrologers, Spiritualists, Mediums) FURNITURE - Dealers (see Merchants) Nonresident FURNITURE REPAIR SHOP FUNERAL HOMES (does not include undertaking and embalming) FRUITS. AND VEGETABLES Retail stand Delivering or selling from truck (does not apply to persons selling their own produce, if grown in Florida) FURNITURE, HOUSEHOLD GOODS, OR MUSICAL INSTRUMENTS Retail canvasser or soliciting orders for or selling for non- resident dealers GARAGE Vehicle repairs - operated separately In connection with other business for which annual license tax has been paid GAS Liquid, petroleum gas delivered in containers or by tank truck, wholesale or retail, either local or located outside City GAS Natural GASOLINE, KEROSENE AND OIL Wholesale, with storage facilities in City Retail distributors, retailing from tank wagon either local or located outside City GLASS Plate, installation of GOLF COURSES AND DRIVING RANGES Operated for profit Miniature and Tom Thumb GRAVEL AND /OR SAND DEALERS (see Hauling Contractors) $125.00 $ 18.75 $ 93.75 $ 31.25 $125.00 $125.00 $ 62.50 $ 25.00 $ 31.25 $312.50 $125.00 $ 31.25 $ 62.50 $ 62.50 $ 31.25 ORD NO 16 -81 PG 9 OF 17 PGS MICROFII MED 1 -18.83 GUNSMITH Repairing guns and sporting goods HALL Public hall for hire, per year HAULING CONTRACTORS Within or without the City, per vehicle Per vehicle with tandem -type axles HOSPITAL, SANITARIUM, OR NURSING HOME Operated for profit, ten rooms or less Each additional room (All applicants for such license must be approved by the State Health Officer and show current license from the State of Florida) $ 31.25 $ 25.00 • $ 18.75, 31.25 $ 62.50 6.25 HOTELS, MOTELS, ROOMING HOUSES AND APARTMENTS Each unit, per year $ 1.25 HYPNOTIST Professional (excluding licensed physician) (Issuance subject to State Statutes and regulations) ICE CREAM AND COLD DRINK STANDS When operated separately Ice cream cars, wagons and vehicles, each ICE CREAM MANUFACTURERS, wholesale or retail ICE CREAM MANUFACTURERS, (not including cold storage) ICE DEALER OR DELIVERY Each truck ICE HOUSES - Coin Operated INDUSTRIES (see Factories) INSURANCE Accident, boiler or marine, bonding, casualty, fire, health, indemnity, guaranty and surety and life in- surance, and general :or other forms of insurance - for each company insuring or soliciting insurance of persons or property in the City of Cape Canaveral, whether by agent or otherwise INSURANCE AGENCY JANITORIAL SERVICES (see Cleaning) JEWELRY STORES (see Merchants) JEWELRY REPAIRING Watch and clock, when operated separately (Must have State license) $125.00 $ 18.75 12.50 $ 62.50 $125.00 $ 12.50 $ 6.25 $ 31.25 $ 31.25 $ 31.25 JUNK DEALERS - Dealers in used or discarded material (Subject to approval by City Council) $312.50 KENNELS - Dogs and other animals (Issuance subject to County and local animal control ordinances) LABORATORIES (see Factories) $ 62.50 ORD NO 16-81 PG 10 OF 17 PGS 1 1 M ICROFI LMED 1-18-83 LANDSCAPING (Except contractors, architects, engineers, or florists, paying a City license as such) LAUNDRIES (see Dry Cleaners) same LAUNDRIES, Self- service LUMBER DEALERS AND BUILDING SUPPLY DEALERS LUNCH STANDS OR COUNTERS Seating capacity ten or less Over ten, each additional seat (see Restaurant) MACHINE SHOP MANICURISTS, each $ 31.25 $ 31.25 $125.00 $ 12.50 .65 $ 62.50 $ 12.50 MERCHANTS (Including mail order business) Merchants, storekeepers, druggists, etc., except as herein specifically enumerated (retail) Actual inventory not exceeding $500 $ 12.50 From $500 to $1,000 inventory 31.25 From $1,000 to $10,000 inventory $ 43.75 From $10,000 to $30,000 inventory $ 62.50 From $30,000 to $75,000 inventory $ 93.75 From $75,000 to $100,000 inventory $125.00 From $100,000 to $150,000 inventory $187.50 From $150.000 to $200,000 inventory $250.00 Over $200,000, each additional $100,000 inventory $ 31.25 MERCHANTS, wholesale $ 93.75 MERCHANTS, nonresident $125.00 MIDWIVES $ 6.25 (No license issued unless certification issued within past year from State Board of Health is submitted) MILK DISTRIBUTORS Per truck $ 18.75 MONEY LENDERS Or brokers and persons, firms or corporations, other than banks or bankers, or pawn brokers, lending or advancing money on personal property; persons, firms and corporations lending or advancing money on motor vehicles or purchasing notes or papers secured by motor vehicles; and all persons, firms or corpora- tions except banks or bankers, whose business in- cludes or consists of the taking, buying, or selling, assignment of, or contracts for the purchase, sale, transfer or assignment of wages or salaries, earned or to be earned in the future by any person employed by any other person, firm or corporation, per year or fraction thereof MONUMENTS OR TOMB STONES Dealers in and /or agent for, each MORTGAGE BROKER, each MORTGAGE COMPANIES NEWSPAPERS Daily (publishers) Weekly (publishers) Distribution or delivery of daily newspapers, each agent or distributor, other than newsboys delivering door -to -door $250.00 $125.00 $ 62.50 $125.00 $ 31.25 $ 12.50 $ 6.25 ORD NO 16 -81 PG 11 OF 17 PGS I 1 MICROFILMED 1-18-83 NEWSSTANDS Operated by an attendant NEWS BUREAU Representing newspapers published outside of City of Cape Canaveral and accepting advertising NIGHT CLUBS (see Restaurants) NURSERY Trees, plants, shrubbery, etc. PACKING HOUSE Doing private order business Doing a general business PAWN BROKER PAINTS, retail (see Merchant) PAINT AND BODY SHOP PEDDLERS Peddlers and hawkers defined: Every -person who shall sell or 'offer for sale at wholesale, retail, or as a commission, merchant or barter or exchange any goods, wares,. merchandise or fruit or vegetables traveling from.place to place along or upon the streets or al- leys of the City or at the doors of houses, apart- ments, or stores, or who shall offer for sale or sell and deliver immediately from wagon, push -cart, other vehicle or stand, shall for the purposes of this or- dinance be deemed a peddler or hawker. (Upon approval of the City Council) PHOTOGRAPHERS (A) All intrastate transient photographers soliciting business in the City of Cape Canaveral shall, before soli- citing any photography business from people, file with the City Clerk a surety bond in the sum of one thousand dollars ($1,000) (B) For the purpose of this subsection, an itinerant or transient intrastate photographer is defined as one who does not regularly maintain his studio or place of business in the City of Cape Canaveral where the work of photographing, enlarging, copying or coloring is conducted. Each agent or canvasser or solicitor, representing an itinerant intrastate photographer shall pay the license fee for solicitors, under this ordinance. PROFESSIONALS Accountants Architects Attorneys Bondsmen Chiropodists Chiropractors Dentists Engineers - civil, electronic, design, mechanical and such others Electrotherapists Electrogolists Embalmers Homeopathic physicians Insurance adjusters and such other Interior decorators Naturopaths Oculists Opticians Optometrists Osteopaths Physicians Professional Bookkeepers Psychiatrists Public Relations Surveyors Taxidermists Veterinarians Undertakers And all other professionals not otherwise classified. $ 18.75 $ 62.50 $ 31.25 $ 18.75 $ 62.50 $250.00 $ 93.75 $ 31.25 $ 31.25 $ 62.50 ORD NO 16 -81 PG 12 OF 17 PGS M 1 CROP I LMED 1-18-83 PRINTING (job printing) $ 31.25 PROPRIETARY MEDICINE Or medical ointment, manufacturer of, not to include stores paying tax as licensed drug store PIANO TUNERS POPCORN OR PEANUT STANDS PUBLIC SCALES RADIO AND TELEVISION REPAIRS Except in connection with a licensed radio and /or television appliance business Sales (see Merchants) RAILROAD COMPANIES On intrastate business only, maximum allowed by State REAL ESTATE Real Estate broker,.each Real Estate salesman, each Real Estate appraiser RECREATIONAL FACILITIES (for profit) Baseball pitching, archery range, badminton court, trampoline, and other recreational facilities, per year, each unit (Upon approval of City Council) REDUCING SALON.- RESEARCH AND DEVELOPMENT shall pay the following occupational fees based upon the floor area oc- cupied or used in their respective businesses: 1,000 sq.ft. or less 1,001:sq.ft. through 5,000 sq.ft. 5,001 sq.ft. through 10,000 sq.ft. 10,001 sq.ft. through 20,000 sq.ft. 20,001 sq.ft. or over RESTAURANTS Must have approval of State Hotel Commission. Hotel dining rooms, eating houses, stands, boarding. counters Seating not more than ten (10) chairs for accomodation of guests Each seat in excess of ten (10), provided no license tax shall be required in excess of $93.75 Private boarding houses of less than five (5) seats - exempt RESTAURANTS, DRIVE -IN RINKS, Bicycle or Skating (Must comply with Building and Zoning codes) RUG AND CARPET CLEANERS SEPTIC TANK CLEANERS, only SANDING AND FINISHING OF FLOORS $ 31.25 $ 12.50 $ 6.25 $ 12.50 $ 31.25 $62.50 $25.00 $43.75 $ 12.50 $ 25.00 $ 31.25 62.50 125.00 250.00 375.00 $ 12.50 .65 $ 31.25 $ 62.50 $ 31.25 $ 62.50 $ 31.25 ORD NO 16 -81 PG 13, OF 17 PGS i 1 M I CROF 1 LMED ,1.18.83 SECOND -HAND DEALER OR THRIFT SHOP Buying or selling second -hand personal property, goods or wares whether on consignment fee basis, percentage basis or goods and wares of the dealer, providing all goods and wares shall be kept within the confines of the building itself. SHOE REPAIR (see Boot) SHOE - SHINE PARLOR Or bootblack, not in- :connection with barber shop SEWING MACHINES Dealers in or agents for Nonresident - same as peddlers SHOOTING GALLERIES (Upon approval of City Council) SCHOOLS Such as dancing, business or commercial beauty or barber, music, physical education, riding, driving, telegraph, air pilot, kindergarten, children's nurseries, private schools, etc., when operated for profit SIGN PAINTERS (see Subcontractors for bond requirement) STORAGE /WAREHOUSE, public SHOWS For traveling shows of all kinds, except when performance in local theater, including moving picture shows and /or vaudeville, whether under tent or otherwise (Upon approval of City Council) First day's exhibition Each additional day $125.00 $ 12.50 $ 31.25 $125.00 $ 31.25 $ 43.75 $ 62.50 $ 31.25 $ 12.50 SMALL LOAN COMPANIES OR DEPARTMENTS $312.50 SODA FOUNTAIN Not in .connection with lunch stand or counter or restaurant $ 12.50 SOLICITORS AND CANVASSERS, Not otherwise specified Per day Per year (not interstate) (All solicitors and canvassers must register with the City Clerk and pay all fees required) $ 6.25 31.25 STENOGRAPHER, PUBLIC $ 12.50 TAILORS Resident $ 12.50 Agent for,, provided that not connected. with licensed merchant 25.00 TELEGRAPH AGENCIES AND COMPANIES $ 93.75 TELEPHONE SYSTEMS AND COMPANIES $312.50 THEATERS Including drive -in $125.00 TIRE AND RECAPPING SERVICE Local $ 31.25 Nonresident 62.50 TOWEL AND LINEN SUPPLY Local $ 18.75 Nonresident 37.50 TOURIST CAMPS OR COURTS Each guest room $ 1.25 ORD NO 16 -81 PG 14 OF 17 PGS I 1 MICROFILMED 1 -18 -83 TRADING STAMPS To engage in the business of selling or furnishing to merchants or others checks, tickets, or stamps, commonly known as trading stamps, on the terms or agreement to redeem them by exchange or goods, wares, or merchandise for them or otherwise, per year $125.00 TRAILER PARKS Per trailer space $ 1.25 TRAILER Rental, such as U -Haul type $ 18.75 TRAVEL BUREAU $ 43.75 TREE SURGERY $ 31.25 TYPEWRITERS AND OFFICE MACHINES (See Merchants) TRUCK LINES Receiving and /or delivering freight or express $ 62.50 TRUCKS Soliciting business for and /or selling merchandise, not otherwise enumerated herein, from trucks, per truck U -DRIVE IT CAR SERVICE UPHOLSTERERS OR FURNITURE MENDERS UNDERTAKERS AND /OR EMBALMERS (see Professionals) VACUUM CLEANERS Dealers in or agents for Itinerant, same as Peddlers WATCH REPAIR (see Jewelry) $ 31.25 $125.00 $ 31.25 $ 31.25 WATER BOTTLED $ 31.25 Each truck $ 12.50 WEIGHING MACHINES (See Coin- operated devices) WELL DRILLERS $ 43.75 WINDOW CLEANERS $ 12.50 WOOD YARD $ 12.50 WRESTLING OR BOXING To promote or hold wrestling or boxing matches, per match $ 31.25 per year 125.00 SELLING NOT SPECIFICALLY COVERED Persons selling magazines, Bibles, encyclopedias, cosmetics, kitchenwares, etc., and other door -to -door salesmen, shall pay tax of $31.25; except that those re- presenting. charitable organizations which are recognized as such by the City shall not pay a license tax, but shall register with the City Clerk. Sec. 721.12 Exemptions. (A) Any person entitled to exemption under the laws of the State of Florida shall be exempt from the payment of a license tax to the City of Cape Canaveral; however, in no case shall a person be exempt from a payment of the occupational license tax which is in excess of Fifty dollars ($50). The laws of the State of Florida shall govern such exemptions. Applicant for exemption shall make affidavit that total exemption, for all municipal licenses, does ORD NO 16 -81 PG 15 OF 17 PGS i i Ito MICROFILMED 1 -18-83 not exceed Fifty dollars ($50). (B) Nothing in this ordinance shall be construed as interfering with regulating or taxing any person in business against whom the right of taxation has already been pre- empted by the State of Florida; nor as giving to any person the right to obstruct the streets, sidewalks or other public places in the City. (C) Nothing in this ordinance shall be construed to require any farmer to procure a license to sell vegetables or fruits within the City, if such vegetables or fruits are the produce of his own farm located within the State of Florida. (D) The City Council may waive all or any part of the occupational license required hereunder, if such license requirement pertains to a charitable or civic organization, sponsored event or program, but only upon written application two (2) weeks prior to any regular meeting of the City Council. Sec. 721.13 Monthly Report. The City Treasurer shall report to the Florida Department of Revenue monthly on such forms as prescribed and provided by the Department the amount of tax received by class. Sec. 721.14 County Tax Collector May Collect Tax. If the govern- ing body of Brevard County, Florida, has levied an occupational tax or subsequently levies such a tax, the Tax Collector of Brevard County, Florida, may issue the Cape Canaveral licenses and collect the tax there- on for the City of Cape Canaveral, Florida, if the City so desires and shall indicate such desire by Resolution. Sec. 721.15 Business .not Specifically Designated. Every business, occupation, profession, or exhibition, /substantial, fixed, or temporarily engaged in by any person, firm or corporation, whether in a building, or tent, or upon the street, vacant lot, or anywhere within the City and not herein specifically designated, shall pay a license fee of $31.25 ($31.25) dollars. Sec. 721.16 Non Renewal of License. (A) In the event that the City Treasurer determines that an Occupational License should not be renewed and that determination is based upon demonstrated violations of the City Ordinances and the concerned business has received thirty (30) days written notice by Certified Mail indicating the violation and the in- tention to withold renewal of the Occupational License, then the City Treasurer may withold renewing the license. (B) If the Occupational License is not renewed, the concerned business may request an administrative review of the non - renewal within fifteen (15) days of the renewal date. The City Manager shall then establish a date for an Administrative Hearing before the City Manager, acting as the Administrative Officer. The hearing shall be held within fifteen (15) days of the request and with all attempts made to set the hearing date on a date as convenient to the Appellant as possible. At the Administrative Hearing, the Hearing shall present a list of viola- tions to the Appellant. This list of violations shall be the same as those previously listed in the notice to the Appellant. The Appellant may be repre- sented by counsel of his choosing. The Appellant may cross- examine any witness relied on by the City and may bring forward any witness to dispute the City's statement. Rules of evidence will not be strictly enforced, but Rules of Order will be followed. All proceedings shall be open and recorded. The Administrative Hearing Officer shall render his decision within five (5) days. The decision shall be in writing stating the reasons for his deci- sion. If the Appellant does not agree with the Administrative Hearing Officer, he shall have fifteen (15) days in which to appeal his decision to the Board of Appeals. The Board of Appeals shall establish a hearing date within twenty (20) days of the notice. At that time, the Board'shall review the Administrative Hearing Officer's decision under the same rules governing the Administrative Hearing. The Board of Appeals decision shall be final. The Board of Adjust- ment shall act as the Board of Appeals under this Ordinance. During the Appeals procedure, the Appellant can operate his business under the old license, pending final determination. ORD NO 16 -81 PG 16 OF 17 PGS 0 M I CROF I LIMED .- -8-83 9 Sec. 721.17 Enforcement. The City Manager of the City of Cape Canaveral be and is hereby empowered to employ such clerical and other help as shall be necessary to fully enforce the provisions of this chapter and to direct the Police Department to assist in the enforcement thereof. Sec. 721.18 Record of Licenses Issued. The City Treasurer; shall keep a complete and perfect record of all licenses issued, showing the nature of the license, its date, expiration and to whom issued. Sec. 721.19 Display of Licenses. All licenses granted by the City shall be carefully preserved and displayed in a conspicuous place in the places of business authorized to be conducted by said licenses, except that persons not having a permanent place of business.in the City shall carry such license or copy thereof on their person while doing business within the City. Sec. 721.20 Penalty. (A) Each day of sale pr disposal of or occupation without complying with this and distinct violation of such.ordinance. (B) Any person violating any of the punished as provided in' 801.02`. merchandise or engaging in business chapter shall constitute a separate provisions of this chapter shall be SECTION 2. All portions of the code in conflict herewith are hereby repealed. SECTION 3. This Ordinance will take effect October 1, 1981. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15 day of September , 1981. May APPROVED AS TO FORM: s _J 9,4,81 Posted: 9 -2 -81 A cverds t 9 -7 -81 Second Reading: 9-15-81 ORD NO 16 -81 PG 17 OF 17 PGS