0637 License/Business RegulationsSECTION 10 -3. Exemptions.
ORDINANCE NO. 637
AN ORDINANCE OF THE CITY OF OKEECHOBEE WHICH RESCINDS ARTICLES I
AND II OF CHAPTER 10 OF THE EXISTING CODE OF ORDINANCES, "LICENSES
AND BUSINESS REGULATIONS AND WHICH ENACTS REVISED ARTICLES I, II,
AND III; OF CHAPTER 10; AND RECLASSIFIES EXISTING ARTICLE III AS
ARTICLE IV; WHICH ORDINANCE CONTAINS ALL GENERAL LICENSING
PROVISIONS OF THE CITY; REQUIRES COMPLIANCE BY PERSONS REQUIRED TO
OBTAIN LICENSES; ESTABLISHES A UNIFORM SYSTEM FOR THE ISSUANCE OF
OCCUPATIONAL LICENSES; AND CREATES REGULATORY LICENSES AND
REQUIREMENTS; WHICH REVISES AND CREATES ADDITIONAL CATEGORIES
SUBJECT TO LICENSE PROVISIONS; ESTABLISHING THE AUTHORITY OF THE
CITY; PRESCRIBES PENALTIES FOR VIOLATION OF ITS PROVISIONS; AND
ESTABLISHES AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee, Florida has determined that the Licenses
and Business Regulations ordinance is in need of revision to amend and create
categories of businesses to address changing and current uses within and
without the City; to revise certain fee schedules; to further define the
requirements of the ordinance; and to create and establish categories and
schedules fair and uniform throughout for all licensees, as well as protect
the public;
NOW THEREFORE BE IT ORDAINED that there is created Articles I, II, and
III, of Chapter 10, and renumbering of existing Article III to Article IV,
Code of Ordinances, as follows:
ARTICLE I
OCCUPATIONAL LICENSES
SECTION 10 -2. Tax imposed; persons subject to.
An occupational license tax is hereby imposed upon each and every
business, profession or occupation engaged in or carried on within the city.
Such occupational license tax shall be levied on:
(a) Any person who maintains a permanent business location or branch
office within the city for the privilege of engaging in or managing
any business within its jurisdiction;
(b) Any person who maintains a permanent business location or branch
office within the city 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) or (b)
above and who transacts any business or engages in any occupation
or profession in interstate commerce where such license tax is not
prohibited by section 8 of Article 1 of the United States
Constitution.
The occupational licenses required and taxes imposed by this chapter
shall be subject to the exemptions and exclusions provided as follows:
Florida Statutes, Chapter 205.162: All disabled persons physically
incapable of manual labor, widows with minor dependents, and persons
sixty -five (65) years of age or older, with not more that one (1)
employee or helper, and who use their own capital only, not in excess of
one thousand dollars ($,1,000.00) shall be allowed to engage in any
lawful business or occupation without being required to pay for a
license. The exemption provided by this section shall be allowed only
upon the certificate of a physician, that the applicant claiming the
exemption is disabled the nature and the extent of the disability being
specified therein, and in case the exemption is claimed by a widow with
minor dependents or a person over sixty -five (65) years of age, proof of
the right to the exemption shall be made.
Any person entitled to the exemption provided by this section, shall,
upon application and furnishing of the necessary proof as aforesaid, be
issued a license which shall have plainly stamped or written across the
face thereof the fact that it is issued under this section, and the
reason for the exemption shall be written thereon.
Florida Statutes, Chapter 205.171: Exemption for veterans to be entitled
for an exemption to the extent of $50.00 on any license to engage in any
business or occupation in the state which may be carried on mainly
through the personal efforts of the licensee as a means of livelihood.
The veteran shall supply such evidence of disability as may reasonably
be required by the city.
SECTION 10 -4. Presumption of engaging in business.
In any prosecution under this chapter, any sign, advertisement, building
occupancy of commercial property, directory listing or activity indicating
that a business, calling, profession or occupation is being conducted at a
location within the city, shall be prima facie evidence that the person is
liable for a license and the burden shall be upon the defendant to rebut the
same.
SECTION 10 -5. License expiration; limited to one year; partial -year
licenses.
All licenses shall expire on the thirtieth day of September of each
year. No license shall be issued for more than one year, and for each
license obtained between the first day of October and the last day of
October, the full tax for one year shall be paid except as hereinafter
provided, and for each license obtained between the first day of November and
the thirtieth day of September. The tax to be paid shall be calculated by
adding the number of months from the month in which the premises to be taxed
opens for business through the month of September and multiplying that sum by
one twelfth (1 /12th) of the full tax for one year for such license, but in no
event shall less than one twelfth (1 /12th) tax paid for any license.
SECTION 10 -6. Time for sale of licenses; when due and payable.
All licenses shall be sold by the department of finance 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, provided, the
license tax may be paid on the first business day following the last day of
the month without penalty, provided the last day of the month falls on a
weekend or holiday.
SECTION 10 -7. Issuance.
(a) No person shall engage in any business, profession, occupation,
trade, amusement or industry within the city without first having
procured a license from the City's finance director which license
shall be issued to each person on receipt of the amount provided
and after any such qualifications, licenses, permits, or
requirements have been met in accordance with city and all other
governmental entities including County, Federal and State with the
issuance or denial being finalized by the City. The receipt of
license shall expire at the end of the period for which the same is
issued as herein above specified. All city franchise operations
shall be required to maintain an occupational license even if the
office is not located within the city limits.
(b) New license application: an applicant for an occupational license
shall submit a completed application and a $10.00 non refundable
administrative or processing fee. Upon acceptance of a completed
application, the application shall have approval from the building
official for approval of proper zoning and building regulations,
the fire department for inspection and compliance with the fire
codes, the police department for compliance with the applicable
safety codes, the local sanitation company for verification of
garbage disposal and the public utilities for compliance of
water /sewer regulations. Each of the above departments and
companies must have approved the application prior to issuance of
license.
(c) Whenever any business, occupation or profession shall fall into
more than one of the classifications contained in the schedule set
forth in this chapter, such occupation, business, or profession
shall be required to comply with the license requirement and to pay
the license tax imposed under or pertaining to each classification
or privilege. Further, a license shall be obtained in the manner
prescribed herein for each branch establishment or location of the
business within the city engaged in, as if each such branch,
establishment, or location were a separate business.
SECTION 10 -8. Prerequisites to issuance of certain licenses.
Each person required to pay a license tax by this chapter shall report
to the Finance Director all information necessary for a proper determination
of the amount, and type, of occupational tax due. No occupational license
shall be issued to any person otherwise required by ordinance of the city or
laws of Florida to have a certificate of competency, a permit, or to have
passed an examination before engaging in business or profession, until proof
of such compliance is furnished to the City. Further, each applicant shall
provide proof of ownership of the business, either by articles of
incorporation, or compliance with the fictitious name statute, or when
operating under the proper name of the applicant.
SECTION 10 -9. Authority of Finance Director.
The Finance Director of the City of Okeechobee shall have the authority
to make such investigation and inspection of the place of business and
records of the person required to pay the tax as the director may determine
necessary in order to verify any information received from the applicant,
ascertain the type and size of business to determine type of license,
equipment, inventory, employees, or such other data as needed to process the
license. The Director of Finance or his agents shall have the authority, as
may be permitted by law, to enter, free of charge, during business hours, any
place of business in connection with which a license tax is imposed under
this chapter, and to request exhibition of the last license tax paid, and to
produce such records and information as allowed herein. If the applicant,
after written request of the Finance Director, refuses to comply, or allow
such investigation, the Director, after due consideration of all information
within his knowledge, concerning the business and activities of the
applicant, may make an assessment of any taxes estimated to be due, and the
amount so assessed, until otherwise verified by audit, shall be deemed to be
the amount of license tax imposed. This shall not preclude the imposition of
any other penalty as may be allowed by this Chapter.
SECTION 10 -10. Scope of license.
No license issued under the provisions of this chapter shall protect any
person from prosecution for transacting any business, trade or profession not
covered by such license, or any places of public lodging having a greater
number of beds, or units in apartments, multi one story dwellings, mobile
home rental parks, town houses condominiums than is covered by such
license.
SECTION 10 -11. Transfer of license.
(a) No license shall be transferred from person to person or place to
place, or the business name or classification changed except, upon
the consent of the department of finance in writing.
(b) All business 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 dollars ($3.00) and presentation of evidence
of the sale and the original license.
(c) Upon written request and presentation of the original license,
any license may be transferred from one location to another
location in the city upon payment of transfer fee of three dollars
($3.00).
(d) In the event of the death of the licensee; the failure of the
business; or such other unanticipated interruption in the carrying
on of the business, the balance of period of time for which the
license would otherwise be valid may be transferred to a new owner
as provided herein, with the consent of the finance department and
payment of transfer fee, but in no event shall any such unused
portion of the license be refunded by the City.
SECTION 10 -12. Fraudulent license void ab initio.
Any license issued upon any false statement made under oath shall be
considered as void ab initio and shall not protect the holder thereof from
prosecution from transacting business without a license.
SECTION 10 -13. Revocation of license, right to appeal.
The City reserves the right to revoke, or refuse to issue, reissue or
transfer, any license sought under this Chapter for cause. Cause is defined
as a violation of any provision of this Chapter, Municipal or County
ordinance, or law of the State, by the licensee, his employees or agents;
that the issuance, reissuance, or transfer of such license is not in the
interests of public health, safety, or welfare; or that it appears the
business methods or work conducted or carried on by the licensee is being
conducted or carried on through unfair or fraudulent methods, to the
detriment or damage to the public health, safety or welfare. Such revocation,
refusal to issue, reissue, or transfer shall occur only after written notice
of intent to revoke, or intent to refuse to reissue or transfer, is provided
to the licensee. The licensee shall have the right to appeal this intent to
the City Council within ten (10) days of receipt of such notice, by notifying
the Director of Finance in writing of this appeal. The City Council, within
fifteen (15) days thereafter, shall include this appeal on the regular agenda
for public hearing, to determine if such refusal to issue, reissue, transfer,
or intent to revoke a license is in the public interest. The licensee shall
be given written notice of this hearing at least five (5) days period to said
meeting, and of his right to contest the action. The City Council, after
hearing from all interested parties, by majority vote, shall either sustain
the position of the Finance Director, or order the Director to not revoke the
license or to issue, reissue, or transfer said license.
SECTION 10 -14. License to be displayed.
The licensee shall keep his license displayed conspicuously at his place
of business in such manner as to be open to the view of the public and
subject to the inspection of all duly authorized officers of the city.
SECTION 10 -15. Penalties.
(a) All occupational licenses not renewed by October first shall be
considered delinquent and subject to a delinquency penalty of ten
percent (10 for the month of October, plus an additional five
percent (5 penalty for each month of delinquency thereafter until
paid; provided that the total delinquency penalty shall not exceed
twenty -five percent (25%) of the occupational license fee for the
delinquent establishment.
(b) Any person engaging in or managing any business, profession,
occupation, trade, amusement or industry within the city without
first obtaining a local occupational license, if required
hereunder, shall be subject to a penalty of twenty -five percent
(25 of the license determined to be due plus a surcharge of
seventy -five dollars ($75.00). This shall be in addition to any
other penalty provided by law or ordinance.
(c) All occupational licenses not purchased as of February 1st of
each year, will be forwarded to the Code Enforcement Department
upon which a non- compliance fee of fifty dollars $50.00 will be
imposed.
(d) Such increased tax shall be paid before issuance of the
license, but part or all of such increases imposed in (a) of this
section may be rebated or waived by motion of the city council
reciting the reasons therefor. In addition to the foregoing
penalties, any person engaged in any trade, business, profession or
occupation within the city without a license, or under a license
issued upon false statement made by said person or in his behalf,
shall be subject to prosecution and upon conviction thereof shall
be punished as provided by section 1 -9 of this Code.
SECTION 10 -16. License schedule.
The following enumeration of license taxes shall be paid to the city by
the persons engaging in occupations, professions, trades, business, and
pursuits named. The license tax is to be an annual tax, except as otherwise
stated.
1. ADVERTISING 25.00
2. ANSWERING SERVICE 25.00
3. APARTMENT, MULTI ONE STORY DWELLING, MOBILE HOME RENTAL
PARKS, TOWN HOUSE CONDOMINIUMS 25.00
Plus 5.00 each unit
4. AUCTION SALES 150.00
5. AUCTIONEERS 75.00
6. BAKERIES 25.00
7. BANKS, SAVINGS LOAN ASSOCIATIONS 100.00
8. BARS, COCKTAIL LOUNGES, PUBS, PACKAGE STORES 275.00
Any place of business engaged in the
sale /service of alcoholic and /or intoxicating
beverages and intoxicating liquors as its
primary business, although incidental service
of food may occur as licensed under this
chapter. (re: F.S. 561,562,563,564,565 laws
regarding alcoholic beverages. This is an
occupational license and not a beverage
license.) *See Chapters 3 11 City Code.
9. CAR WASH 25.00
10. CATERING BUSINESS 25.00
11. CEMENT BULK PLANTS 62.50
12. CHILD CARE CENTERS 25.00
13. CLEANING /MAINTENANCE /JANITORIAL SERVICES 25.00
14. COLLECTION AGENCY 25.00
15. CONTRACTORS:
(a) Contractor 50.00
(b) Sub Contractor 30.00
16. COURT REPORTING SERVICE 25.00
17. DANCE HALL..see Chapter 11 City Code 50.00
18. DEALERS new or used 50.00
AUTOMOBILES, MOTOR VEHICLES, TRUCKS, MOTORCYCLES /ATV'S,
BOATS /MARINE EQUIPMENT, FARM TRACTORS AND IMPLEMENTS,
ETC.
19. DELICATESSEN /SNACK BAR 25.00
20. DETECTIVE AGENCY 50.00
21. DRY CLEANERS 25.00
22. EMPLOYMENT AGENCY 25.00
23. EXPRESS COMPANY 25.00
24. FAST FOOD SERVICE.(all occupancy) 200.00
See #26 if alcoholic beverages are to be sold.
25. FLORISTS 25.00
26. FOOD SERVICE:
1 -49 occupancy 25.00
49 -149 occupancy 75.00
150 -299 occupancy 160.00
Over 300 occupancy 200.00
Places of business that serve food and sell alcoholic
and /or intoxicating beverages and intoxicating liquor
to be consumed on the license premises an
additional 250.00
*See Chapter 3 and 11 City Code
27. FORTUNETELLERS, palmist and similar occupations 250.00
28. FUNERAL HOME.(see professionals) 60.00
29. GASOLINE DEALERS, LIQUID PETROLEUM DEALERS AND ALL OTHER
LIQUID, SOLID AND GASEOUS FUELS, retail sales 37.50
30. GAS PLANTS (bulk gasoline, kerosene and propane) 62.50
31. HAIR SALON /BARBER SHOPS 12.50
each additional operator 6 30
32. HEALTH SPAS, EXERCISING FACILITIES, WORK -OUT CENTERS,
ETC 35.00
33. HOSPITAL, NURSING HOME FACILITIES 31.50
34. INSURANCE:
(a) each insurance company writing any class of
insurance upon any person or property residing or
located within the city 25.00
(b) insurance agent or firm doing such business as
agent or other representative of insurance company
or companies, for each place of business 25.00
(c) each traveling or itinerant insurance agent or
solicitor, soliciting business within the city 25.00
(d) insurance solicitors employed by, or representing,
insurance agents whohave an annual license as
provided by this section 10.00
35. JOB PRINTING 25.00
36. LAUNDRIES OR LAUNDROMATS, SELF SERVICE 12.50
37. LAWN /YARD /LANDSCAPE SERVICES AND CARE 25.00
38. LOCKSMITH (bonding required) 12.50
39. MANUFACTURERS 60.00
40. MANUFACTURED HOMES SALES 75.00
41. NEWS COMPANY 125.00
42. PAWNBROKERS 187.50
43. PEST CONTROL SERVICE 35.00
44. PLACES FOR PUBLIC LODGING 25.00
Plus 1.00 per bed.
45. PROFESSIONAL LICENSES:
The following professional practitioners are
classed as professional and each person, firm
or corporation engaged in the practice of any
such professions are required to cover their
practice by taking out a professional license
and are required to submit state license when
state license is required in their profession.
One person 25.00
For each additional partner, or person
practicing the profession licensed and
operating in connection with a person, firm or
corporation duly licensed, permitting the
operation of the additional person in
connection with the person, firm or
corporation taking out this additional license
and with no other license transferable.
Each additional person as provided herein 25.00
Abstractors, Title Insurance Agents
Accountants and Auditors
Accountants (CPA)
Accounts Public and Other
Agent, Real Estate
Analytical Chemists
Appraisers other than Real Estate
Architects or Drafting Architects and Services
Architects, Landscape
Artist, including retouching, sketching, cartooning,
silhouettes, etc.
Attorneys at Law
Bookkeepers and Bookkeeping Service
Brokers, Real Estate, Merchandise, Stocks bonds
Consultants:
a) Advertising
b) Business
c) Child Guidance (PHD and others)
d) Engineer
e) Marriage (Family)
f) Pension Plans
g) Public Relations
h) Statistical
i) Insurance
j) Others
Cartooning
Chemist and Analytical
Civil, Consulting or Drafting Engineers
Crayon Artist
Doctors:
a) Chiropodist
b) Chiropractic Physicians(D.C.)
c) Chiropractors
d) Christian Science Healer or Practitioner
e) Dentist, including Orthodontic Surgeon, etc.
f) Naturopathic Surgeons (N.D.)
g) Optometrists
h) Opticians and Oculist
i) Physicians and Surgeons (M.D.)
j) Physicians and Surgeons Osteopathic
k) Podiatrists
1) Veterinarians
m) Physiotherapists
n) Pathologists
o) Others, such as hypnotists, therapists,
anesthetists, masseurs, chiropodists, pharmacists, etc.
Engineers:
a) Architectural
b) Chemical
c) Drainage
d) Electric and /or Electronic
e) Industrial
f) Management
g) Safety
h) Civil, Inc. Surveyors and Drafting
i) Mechanical
j) Consulting
k) Designing
1) Others
Engravers, Photo
Healers, Magnetic
Photographers
Picture Enlargers
Surveyors
Tax Consultants, Tax Experts or Tax Practitioners
Taxidermist
Undertakers or Embalmers
Any profession not otherwise provided for in this section.
46. RADIO T.V. STATIONS 65.00
47. RECREATION FACILITIES:
Amusement parks 187.50
Amusement Parlors /Penny arcades /Billiard parlors
game rooms 50.00
Plus $5.00 per machine to include music boxes,
video games or similar devices.
Pool tables $20.00 each.
*Amusement Parlors, etc. See Chapter 11 City Code
Automatic vending machines, per machine 2 50
Bowling alleys 62.50
Golf Courses includes first nine (9) holes ...50.00
(a) second nine (9) holes 25.00
(b) separate driving range 25.00
Shows, Circuses, Carnivals, etc., per day 75.00
Since 1942 the American Legion has had a
gentleman's agreement with the County that no
other fair, carnival, circus, etc. can be held
on any county -owned property for ninety days
before and sixty days after the fair sponsored
by the American Legion. The city has no such
agreement, resolution or ordinance governing
this.
Skating rinks 100.00
Theater:
1st screen 75.00
each additional screen 50.00
48. RENTAL SERVICE 25.00
49. REPAIR SERVICE ..30.00
25.00
50. RETAIL SALES...
1. As the Primary business an additional .04 per sq
ft. of said business will be charged not to exceed
$300.00 in addition to the $25.00.
2. When retail sales is not considered the primary
business and is not over 500 sq. ft. the license tax
will remain $25.00.
51. SEPTIC TANK SERVICE 25.00
52. STUDIOS, DANCE, KARATE, ETC 25.00
53. TANNING BEDS /BOOTHS, each bed or booth 10.00
54. TRANSPORTATION RAILROAD, BUS AND TRUCK AGENCIES ..62.50
55. UTILITIES:
Electric 112.50
Telephone 62.50
Telegraph 62.50
Refuse or trash removal companies 75.00
Cablevision 100.00
Any other city franchised operations even when
office is not located within the city limits.
56. UPHOLSTERY SHOP 25.00
57. WAREHOUSES 25.00
58. WATER TREATMENT SERVICES ....30.00
59. WRECKER SERVICE 30.00
SECTION 10 -17. Fee when not otherwise provided.
The license fee for any business, profession or occupation not listed in
section 10 -16 above shall be twenty -five dollars ($25.00).
SECTION 10 -18 through 10 -26. Reserved.
ARTICLE II
REGULATORY FEES
SECTION 10 -27. Fee imposed; person subject to.
There is created pursuant to Florida Statutes 166.221 a regulatory fee
category by which the City may issue permits and which exacts fees on
businesses as defined herein who do not maintain a permanent business
location or branch office within the municipal boundaries of the City. This
permit requirement and fee are applicable to any business, profession,
occupation, trade, amusement or industry of every nature who does not
maintain a permanent business location or branch office within the City of
Okeechobee, and who comes into the municipal boundaries of the City to
conduct or engage in any business, transaction, sale, or service for profit
to those persons or businesses residing in, or conducting business within the
city. The category created herein shall not include transient salesmen,
charitable enterprises, or those who would fall within Article IV herein.
SECTION 10 -28. Exemptions.
The provisions of this article shall not apply to any person engaged in
the mere delivery in the City of any property purchased or acquired in good
faith from such person at his regular place of business outside the City
where no intent by such person is shown to exist to evade the provisions of
this ordinance.
SECTION 10 -29. Presumption of engaging in business.
In any prosecution under this chapter, any sign, advertisement, building
occupancy of commercial property, directory listing or activity indicating
that a business, calling, profession or occupation is being conducted at a
location within the city, shall be prima facie evidence that the person is
liable for a permit and the burden shall be upon the defendant to rebut the
same.
SECTION 10 -30. Permit expiration; limited to one year; partial -year permits.
All permits shall expire on the thirtieth day of September of each year.
No permit shall be issued for more than one year, and for each permit
obtained between the first day of October and the last day of October, the
full fee for one year shall be paid except as hereinafter provided, and for
each permit obtained between the first day of November and the thirtieth day
of September. The fee to be paid shall be calculated by adding the number of
months from the month in which the premises to be permitted opens for
business through the month of September and multiplying that sum by one
twelfth (1 /12th) of the full fee for one year for such permit, but in no
event shall less than one twelfth (1 /12th) fee paid for any permit.
SECTION 10 -31. Time for sale of permits; when due and payable.
All permits shall be sold by the department of finance 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, provided, the
permit fee may be paid on the first business day following the last day of
the month without penalty, provided the last day of the month falls on a
weekend or holiday.
SECTION 10 -32. Prerequisites to issuance of permits.
Each person required to pay a permit fee by this chapter shall report to
the Finance Director all information necessary for a proper determination of
the amount, and type, of permit fee due. No permit shall be issued to any
person otherwise required by ordinance of the City, or laws of Florida to
have a certificate of competency, a permit, or to have passed an examination
before engaging in business or profession, until proof of such compliance is
furnished to the City. Further, each applicant shall provide proof of
ownership of the business, either by articles of incorporation, or compliance
with the fictitious name statute, or when operating under the proper name of
the applicant. Each applicant shall meet all insurance requirements; and all
such other information so as to protect and assure those residing or doing
business within the City, who deal or do business with these entities who dc
not maintain a permanent location or branch office within the City, that sue
entities are properly permitted, insured, and reputable. The City is not
guarantor of the reputability of a business, and is not responsible for any
misrepresentation, or incorrect information furnished to the City by the
permitted, failure to comply with applicable requirements, or any incidental
loss or damages therefrom.
SECTION 10 -33. Authority of Finance Director.
The Finance Director of the City of Okeechobee shall have the authority
to make such investigation and inspection of the place of business an,
records of the person required to pay the fees as the director may determin=
necessary in order to verify any information received from the applicant,
ascertain the type and size of business to determine type of fee, equipment,
inventory, employees, or such other data as needed to process the permit.
The Director of Finance of his agents shall have the authority, as may b=
permitted by law, to enter, free of charge, during business hours, any plac=
of business in connection with which a permit fee is imposed under this
chapter, and to request exhibition of the last permit fees paid, and ti
produce such records and information as allowed herein. If the applicant
after written request of the Finance Director, refuses to comply, or allot-
such investigation, the Director, after due consideration of all information
within his knowledge, concerning the business and activities of th
applicant, may make an assessment of any fees estimated to be due, and the
amount so assessed, until otherwise verified by audit, shall be deemed to b=
the amount of permit fee imposed. This shall not preclude the imposition o;
any other penalty as may be allowed by this Chapter.
SECTION 10 -34. Issuance.
New permit application:
(a) An applicant for a regulatory permit shall submit a completed
application, and a $10.00 non refundable administrative or
processing fee. The applicant shall provide information and
documentation as required in Section 10 -7 herein, which shall be
reviewed by the City prior to the issuance of a permit, and
verified as complete and accurate as a prerequisite to the issuance
of the permit.
(b) Whenever any business, occupation or profession shall fall into
more than one of the classifications contained in the schedule set
forth in this chapter, such occupation, business, or profession
shall be required to comply with the permit requirement and to pay
the permit fee imposed under or pertaining to each classification
or privilege.
SECTION 10 -35. Scope of permit.
No permit issued under the provisions of this chapter shall protect any
person from prosecution for transacting any business, trade or profession not
covered by such permit.
SECTION 10 -36. Transfer of permit.
(a) No permit shall be transferred from person to person or place
to place, or the business name or classification changed except,
upon the consent of the department of finance in writing.
(b) All regulatory permits 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 dollars ($3.00) and presentation of evidence
of the sale and the original permit.
(c) Upon written request and presentation of the original permit,
any permit may be transferred from one location to another location
in the city upon payment of transfer fee of three dollars ($3.00).
(d) In the event of the death of the business owner, the failure of the
business; or such other unanticipated interruption in the carrying
on of the business, the balance of period of time for which the
permitted would otherwise be valid may be transferred to a new
owner as provided herein, with the consent of the finance
department and payment of transfer fee, but in no event shall any
such unused portion of the permit be refunded by the City.
SECTION 10 -37. Fraudulent permit void ab initio.
Any permit issued upon any false statement made under oath shall be
considered as void ab initio and shall not protect the holder thereof from
prosecution from transacting business without a permit.
SECTION 10 -38. Revocation of permit.
The City reserves the right to revoke, or refuse to issue, reissue or
transfer, any permit sought under this Chapter for cause. Cause is defined
as a violation of any provision of this Chapter, Municipal or County
ordinance, or law of the State, by the permit holder, his employees or
agents; that the issuance, reissuance, or transfer of such permit is not in
the interests of public health, safety, or welfare; or that it appears the
business methods or work conducted or carried on by the permit holder is
being conducted or carried on through unfair or fraudulent methods, to the
detriment or damage to the public health, safety or welfare. Such revocation,
refusal to issue, reissue, or transfer shall occur only after written notice
of intent to revoke, or intent to refuse to reissue or transfer, is provided
to the permit holder. The permit holder shall have the right to appeal this
intent to the City Council within ten (10) days of receipt of such notice, by
notifying the Director of Finance in writing of this appeal. The City
Council, within fifteen (15) days thereafter, shall include this appeal on
the regular agenda for public hearing, to determine if such refusal to issue,
reissue transfer, or intent to revoke a permit is in the public interest.
The permit holder shall be given written notice of this hearing at least five
(5) days prior to said meeting, and of his right to contest the action. The
City Council, after hearing from all interested parties, by majority vote,
shall either sustain the position of the Finance Director, or order the
Director to not revoke the permit or to issue, reissue, or transfer said
permit.
SECTION 10 -39. Permit to be displayed.
The permitted shall keep his permit displayed conspicuously at his place
of business in such manner as to be open to the view of the public and
subject to the inspection of all duly authorized officers of the city.
SECTION 10 -40. Penalties.
(a) All regulatory fee permits not renewed by October first shall be
considered delinquent and subject to a delinquency penalty of ten
percent (10 for the month of October, plus an additional five
percent (5 penalty for each month of elinquency thereafter until
paid; provided that the total delinquency penalty shall not exceed
twenty -five percent (25 of the regulatory fee permit fee for the
delinquent establishment.
(b) Any person engaging in or
occupation, trade, amusement
first obtaining a regulatory
shall be subject to a penalty
permit determined to be due
dollars ($75.00). This shall
provided by law or ordinance.
managing any business, profession,
or industry within the city without
fee permit, if required hereunder,
of twenty -five percent (25 of the
plus a surcharge of seventy -five
be in addition to any other penalty
(c) All regulatory fee permits not purchased as of February 1st of each
year, will be forwarded to the Code Enforcement Department upon
which a non compliance fee of fifty dollars ($50.00) will be
imposed.
(d) Such increased fees shall be paid before issuance of the
permits, but part or all of such increases imposed in (a) of this
section may be rebated or waived by motion of the city council
reciting the reasons therefor. In addition to the foregoing
penalties, any person engaged in any trade, business, profession or
occupation within the city without a permit, or under a permit
issued upon false statement made by said person or in his behalf,
shall be subject to prosecution and upon conviction thereof shall
be punished as provided by section 1 -9 of this Code.
SECTION 10 -41. Permit schedule.
The sum of Twenty dollars ($20.00) in fees shall be paid as a regulatory
fee annually, as set out herein, commensurate with the expense to the City in
issuing such permits, monitoring and regulating such business during such
time as the permit is issued for each such business subject to this Article,
as defined in Section 10 -27 herein.
SECTION 10 -42 through 10 -50. Reserved.
ARTICLE IIIDISTRESS SALES
See. 10 Exemptions.
The provisions of this article shall not apply to bona fide sales
of general assignees for the benefit of creditors or bona fide
trustees selling under power of sale in any deed of trust or mort-
gage or lien, executors and administrators selling goods of their
decedents or to any officer selling the property under legal pro-
cess, or to regularly licensed auctioneers selling bona fide at
public outcry in the usual course of their business, or to bona fide
merchants selling or disposing of stocks or merchandise who
were the original owners of said stock or stocks of merchandise
and held a city license for sale thereof prior to the occurrence of
the event giving rise to the distress sale.
Sec. 10 -52 Permit required.
Before any person shall conduct a distress sale in the city, he
shall obtain a permit therefor from the department of finance.
Sec. 10 -53 Application for permit.
The application for a distress sale permit shall be accompanied
by ari affidavit stating all the facts, relating the reasons for and
the character of the sale the applicant proposes to `conduct, and
including a list of the names of the persons from whom the goods,
wares and merchandise or other personal property were obtained,
the date of delivery to the applicant, the place from which said
goods, wares and merchandise or other personal property was
last taken or brought, and all details necessary to locate and
identify the said goods, wares and merchandise or other personal
property.
Sec. 10 54 Permit fee; issuance and penalties.
The applicant for a distress sale permit shall pay to the depart-
ment of finance a permit fee of two hundred and fifty dollars
($250.00) for 'each sale. Upon the filing of such application, and
affidavit and payment of said fee, the department of finance shall
issue a permit. Any person or agent engaged in any distress sale
within the city without a permit, or under a permit issued upon
false statement made by said person or agent or in his behalf,
shall be subject to prosecution and upon conviction thereof shall
be punished as provided by section 1.9 of this Code. In addition to
the penalty provided for in section 1.9, the provisions of this
chapter shall be subject to enforcement before the City of
Okeechobee Code Enforcement Board.
Secs.10 -55 10 -60 Reserved.
ARTICLE IV PEDDLERS, SOLICITORS, STREET
VENDORS AND CHARITABLE ORGANIZATIONS
DIVISION 1. GENERALLY
Sec. 10 -61. Purpose and intent.
It is hereby found, determined and declared that this article is
necessary and urgently needed for the preservation of the welfare
and safety of the citizens and inhabitants of the City of
Okeechobee; further that such article, fees, licensing and regis-
tration is necessary and helpful to defray the added expense to
the city to investigate, regulate and enforce peddling and solici-
tation within its boundaries.
Sec. 10 -62 Sales within city rights -of -way prohibited.
It shall be unlawful under this division to sell merchandise on
city -owned or leased properties, or on city road rights-of-way lying
within the City of Okeechobee.
Sec. 10 -63 Approval of merchandising equipment.
The city must approve the use of any stand or structure for the
sale of merchandise, including type, size and location, and re-
serves the right to prohibit such stand or structure!if it would be
unsightly, unsafe, or contrary to the health, safety and welfare of
the citizens and inhabitants of the city.
Sec. 10 -64 Loud noises and speaking devices prohibited.
No peddler, nor any person in his behalf, shall shout, make any
outcry, blow a horn, ring a bell or use any sound device, including
any loudspeaking radio or sound-amplifying system upon any of
the streets, alleys, parks or other public places of the city or upon
any private premises in the city where sound of sufficient volume
is emitted or produced therefrom to create a public nuisance for
the purpose of attracting attention to any goods, wares or mer-
chandise which such licensee proposes to sell, or violates the pro-
visions prescribed in this Code in Chapter 11, Article II.
Sec. 10 -65 License required; term.
It shall be unlawful for any peddler to engage in such business
within the incorporated area of the city without first obtaining a
license therefor in compliance with the provisions of this article.
No license shall be issued for more than one year and shall expire
on September 30 of each year.
Sec, 10 66 Records of licenses and violations.
The chief of police shall report to the finance director all con-
victions or violations of this article. The finance director shall
maintain a record of each license issued and record the reports of
violations therein.
Sec. 1b -67 Duties of police officer or enforcement officers.
It shall be the duty of any police officer or code enforcement
officer of the city to require any person seen peddling, and not
known by such officer to be duly licensed, to produce his peddler's
license and to enforce the provisions of this article against any
person found to be violating the same.
Sec. 10-68 License application; identification card.
Applicants for a license under this article shall submit a sworn
application upon a form to the department of finance. Applicants
shall also secure an identification card from the department of
finance.
Sec. .10 -69 Activities exempt.
The following activities are exempt from the terms of Article
III, Division 1:
(1) Persons selling or delivering milk, bakery, or other food
products by route sales.
(2) Laundry, dry cleaning, recycling, garment storage, linen
supply, towel supply, and diaper services agents operating
from vehicles that are clearly marked, and newspaper de-
livery people on regular routes.
(3) Service or repair agents responding to service calls.
(4) Those businesses taxed under section 10.2 herein; and those
businesses maintaining a permanent businesstlocation out-
side the city.
(5) Persons commonly called a "drummer" whose only activity
is soliciting sales of which goods are thereafter to be shipped
in interstate commerce.
Sec. 10 -70 Investigation of applicant; issuance or refusal
of license.
(a) Upon receipt of the application for a license under this
article, the general services department shall investigate the ap-
plicant's proposed business location. An applicant who intends to
travel from house to house to sell his merchandise shall so state
on his application and shall not be required to submit a proposed
location with his application.
(b) For the purposes of this article, investigation of the appli-
cant or business shall include:
(1) Determining whether the proposed use at the proposed lo-
cation is consistent with the property's zoning classifica-
tion; and meets all zoning and development requirements.
(2) Determining whether the proposed location has adequate
ingress and egress for traffic.
(3) Determining whether the proposed location has adequate
paved parking.
(4) Determining whether the owner of the proposed location
has granted permission.
(5) Determining whether the applicant has been convicted of a
felony within the last two (2) years.
(6) Determining whether the applicant has been convicted of a
violation of this chapter or any similar ordinances within
the past three (3) years.
(7) Determining whether there has been a falsification of the
application for permit in that the material provided or ques-
tions answered are false
(c) If, as a result of such investigation, the applicant or pro-
posed business location is found to be unsatisfactory, the general
services department shall endorse on such application the disap-
proval and the reasons therefor, and recommend that the finance
director promptly notify the applicant in writing that the appli-
cant's application has been denied and that no license will be
issued. The notification of denial shall also set forth the appli-
cant's right to appeal the denial to the city council.
(d) If, as a result of such investigation, the applicant or the
proposed location of the applicant's business is found to be satis-
factory, the general services department shall endorse on the ap-
plication the approval and return such application to the depart-
ment of finance, who shall, upon payment of the prescribed tax,
deliver to the applicant a license.
(e) All license applications must be approved or denied within
thirty (30) days after the applicant submits his application to the
department of finance.
Sec.10 -7'1 Prohibitions.
It shall be unlawful for any person, solicitor, agent, peddler, or
street vendor, as defined in this chapter, to:
(1) Enter the premises of a private resident for the purpose of
selling or soliciting orders for goods, wares, merchandise,
or other personal services after the property owner has
given notice that such owner is not interested in being
approached by any person engaged in selling or soliciting
orders for goods, wares, merchandise or personal services.
(2) Enter the premises of a private resident for the purpose of
selling or soliciting orders for goods, wares, merchandise or
personal services between the hours of 10:00 p.m. and 7:00
a.m.
(3) Stand on a street or highway intersection and solicit or
attempt to solicit or sell goods, wares, merchandise, or per-
sonal services to or from the occupants of any vehicle ap-
proaching, entering, or departing such intersection.
(4) Fail to display the license issued pursuant to this chapter
while engaged in the activity for which the license was
issued.
(5) Use any misrepresentation or false statement to sell or
solicit an order for goods, wares, merchandise, or personal
services.
(6) Transferring a license between solicitors without prior ap-
proval.
(7) No person may engage in the business of soliciting, ped•
dling, or street vending pursuant to such license, except
the person to whom the license was issued.
(8) Should any person post on their leased or owned real prop-
erty, in an obvious and immediately visible place, a "No
Solicitors," "No 8 oliciting," or "No Trespassing" sign, any
solicitor shall honor said sign and not solicit the premises.
(9) It shall be unlawful for any solicitor to use either a ficti-
tious name or an alias or any other than his full, true and
correct name.
Sec. 10 -72 Revocation.
Any license issued pursuant to the provisions of this chapter
may be revoked by the director of finance, a police officer or code
enforcement officer for any of the following causes:
(1) Fraud, misrepresentation or a false statement in the ap•
placation for the license.
(2) Fraud, misrepresentation or a false statement in the con-
duct of activity authorized by the license,
(3) Any violation of this chapter.
(4) Conviction, nolo contendere plea, or forfeiture resulting
from violation of any county. city, state, or federal law
involving moral turpitude.
(5) Conducting activity (selling, soliciting, or order- taking) pur-
suant to the license in such a manner as to threaten a
breach of the peace or menace public health, safety, or
welfare.
Sec. 10 -73 Appeal from action of the city and city council,
Any person aggrieved by the action of the city in denying an
issuance of a permit as provided in this article shall have the
right of appeal to the city council, Such appeal shall be taken by
filing a written notice of appeal with the city administrator within
thirty (30) days after the action taken, The city administrator
shall set a time and place of a hearing before the city council on
such appeal and written notice of such hearing shall be `given to
the appellant. The decision and order of the city council on such
appeal shall be final. The applicant may appeal the decision of the
city council in accordance with general law.
Sec. 10 -74 License tax; transfer of license.
(a) The license tax which shall be charged by the city for each
license issued under this article shall be two hundred and fifty
dollars ($250.00) per year.
(b) All licenses shall be sold by the department of finance
beginning September 1 of each year and shall be due and payable
on October 1 of each year and expire on September 30 of the
succeeding year,
(c) Any person may apply for a partial license after October 1
of each year. The tax charged shall be prorated as of the date of
issuance based on a three hundred sixty -five -day year.
(d) Any license may be transferred to another person if:
(1) There is a bona fide sale of the licensee's business to the
proposed licensee;
(2) The applicant pays a transfer fee of three dollars ($3.00)
and presents the original license and evidence of sale;
(3) Current licensee submits an affidavit demonstrating that
there are no felony or misdemeanor charges pending against
the licensee for which the licensee has been convicted since
the license was issued;
(4) The proposed licensee submits a sworn application in the
same manner as provided in section 10 68 and
(5) The proposed licensee Is approved in the same manner as
provided in section 10 -70.
Sec, 10 -75 Construction,
The provisions of this article are in addition to those require•
manta set forth In Florida Statutes 205.063, 316.2045, 337.406
and 501,022, and the city reserves the right to enforce those state
statutes where applicable.
See, 10 -76 Penalties.
Any person agent or peddler engaged in any peddling within
the city without a license, or under a license issued upon false
statement made by said person, agent or peddler or in his behalf,
shall be subject to prosecution and upon conviction thereof shall
be punished as provided by section 1.9 of this Code. In addition to
the penalty provided for in section 1.9, the provisions of this
chapter shall be subject to enforcement before the City of
Okeechobee Code Enforcement Board.
Secs. 10 -77 10 -79 Reserved.
DIVISION 2. CHARI'T'ABLE ORGANIZATIONS
Sec. 10 -80 Exemptions for the use of public or private prop•
erty.
Governmental or quasi•governmental public service uses, fes-
tivals, fairs or other special events sponsored by a civic, veteran
or other non-profit or charitable or community service organize•
tion may be exempted from strict compliance with any part of this
article and conduct an event on private, or city.owned or leased
properties, including rights.of.way. In determining whether a re•
quirement may be waived, the general services department shall
conduct a complete review of the proposed event, and shall con•
sider:',
(1) The purpose that the requirement is intended to serve.
(2) Whether waiver of the requirement will detrimentally af•
fect the health, safety and welfare of the community.
(3) Whether any alternative measures can be taken to sub-
stantially meet the purposes of the requirement.
(4) The cost to the taxpayers of meeting the requirements as
weighed against the benefits of the requirement.
(5) Whether the activity sought to be exempted is a lawful
activity and free from fraud or misleading tactics.
The proposed licensee shall submit a sworn application in the
same manner as provided in section 10 -68 The proposed licensee
is approved in the same manner as provided in section 10
The applicant must meet any insurance coverage or code corn•
pliance requirements of the city, and any other regulations of
other governmental regulatory agencies. The applicant will be
responsible for costs associated with the event, including damage
to property. By receipt of a permit, applicant agrees and shall
hold the city harmless for any accident, injury, claim or demand
whatever arising out of applicant's use of the location for such
event, and shall indemnify and defend the city for such incident,
including attorney fees. The applicant shall be subject to demand
for, and payment of, all of the actual cost incurred by the city
pertaining to the event, including but not limited to police, fire,
maintenance or other departmental expenses. The city reserves
the right to require from applicant a cash or cashier's check ad-
vance deposit in a sum approximately the sum estimated by the
city to be incurred in providing such city services. Any such sum
not incurred shall be refunded to applicant.
The sale of newspapers within the city is exempted from the
provisions of this article.
Sec. 10-81. Exemptions for charitable organizations.
(a) A charitable organization that does not emplby a profes-
sional solicitor to solicit funds shall be exempt from the provi-
sions of sections 10 -82 and 10 83 if any of the following conditions
are met:
(1) If it did not collect money or property from more than twenty
(20) persons as a result of the solicitation of funds during
the preceding twelve (12) months;
(2) 'If all of its functions, including fund raising activities,
within the City of Okeechobee, are carried on by persons
who are unpaid for their services;
(3) If no part of the charitable organization's assets or income
inures to the benefit of or is paid to any officer or member;
(4) If the charitable organization did not collect money or prop-
erty as a result of the solicitation of funds in excess of ten
thousand dollars ($10,000.00) during the preceding twelve
(12) months.
(b) Every scholarship fund that solicits and raises funds solely
for the purpose of providing scholarships shall be exempt from the
registration provisions provided for in this chapter if all of the
fund's functions, including fund raising activities, are carried on
by persons who are unpaid for their services and if no part of the
organization's assets or income inures to the benefit of, or is paid
to, any officer or member.
(c) If a charitable organization does not want to disclose pub-
licly the information required by the statements described in sec-
tion 10- 82regarding the solicitation of funds from members of the
charitable organization, it may exclude this information from the
statements required by section 10 -82 if:
(1) It indicates on the statements required by section 10 -82
that information about solicitation of funds from members
of the charitable organizations has been excluded; and
(2) It prepares a private statement at least annually that con-
tains all of the information required by the statements
described in section 10 -82 for the solicitation of funds from
members of the charitable organization that is not reported
in the statements required by section 10 -82 which is signed
under oath by the individual described in subparagraph
(aX15) of section 10 -82; and
(3) It maintains the records and documents that are necessary
to complete this private statement for a period of three (3)
years from the date of each statement, and together with
the private statement, makes them reasonably available
for inspection by every member of the charitable organiza-
tion.
(d) The registration certificate requirements found in section
10 -82 of this article shall not apply to any solicitation made upon
premises owned or occupied by the entity upon whose behalf such
solicitation is made nor to any entity soliciting contributions solely
from persons who are members thereof at the time of the solici•
tation.
(e) The article shall not apply to any solicitation for the relief
of any individual specified by name at the time of the solicitation
where the solicitor represents in each case that the entire amount
collected, without any deduction whatever, shall be turned over
to the named beneficiary.
(f) This article shall not apply to any solicitations conducted by
school children under the direction and supervision of their par-
ents, school officials or teachers or any other charitable or non
profit organization for the purpose of financing extracurricular,
social, athletic, artistic, scientific, or cultural programs which
shall include, but shall not be restricted to, solicitations for band
and athletic uniforms, scientific and/or artistic implements and
literary matter; provided, however, that no such solicitation shall
be immune from regulation under this article unless such solici-
tation shall have been approved by the principal of the school
where such children are in attendance.
Sec. 1D-82 Registration with finance department.
(a) All non- profit or charitable organizations within or coming
into the City of Okeechobee shall file a registration statement on
forms provided by the finance department on or before September
30th of each year. The forms shall contain the following informa-
tion:
(10) The names of any other cities in Florida in which the person
registering has collected funds for charitable purposes
within the past five (5) years, but in the event that the
person registering has collected funds for charitable pur•
poses in more than five (5) cities in Florida in which the
most recent collections occurred.
(11) A statement to the effect that if a certificate of registration
is granted, such certificate will not be used as or repre•
sented to be an endorsement by the city or any of' its of.
ficers or employees.
(12) A statement to the effect that the charitable organization
will maintain records or documents that are necessary to
file the complete statement required by subparagraph (g) of
this section and a brief description of those records or doc.
uments.
(13) The names of any officer, director, trustee, partner, or any
current agent or employee engaging in solicitation of funds
who has been convicted of a felony or a misdemeanor in.
volving moral turpitude %vithin the past seven (7) years,
the nature of the offense, the state in which the conviction
occurred, and the year of such conviction.
(14) A brief explanation of the reasons, if the person registering
is unable to provide any of the foregoing information, why
such information is not available.
(15) The registration statement must be signed by the appli-
cant, if the person registering is an individual; if the person
registering is a partnership, by the partner charged with
disbursing funds solicited; if a person registering is a cor•
poration or an association, by its officer charged with dis•
bursing funds solicited. The individual signing the regis•
tration statement shall sign the statement and swear before
an officer authorized to administer oaths that he or she has
carefully read the registration statement and that all the
information contained therein is true and correct.
(b)• After a review of the registration statement to determine
its compliance with this section, and within thirty (30) working
days of the receipt of the registration statement, the finance de.
partment shall either issue a certificate of registration, as pro.
vided in this section, or notify the person registering that the
registration statement does not comply with the requirements of
this section and specifically point out what information or expla•
nation has not been furnished that is required before a certificate
of registration will be issued.
(c) If for any reason the finance department refuses to issue a
certificate of registration to any charitable organization that has
filed a registration statement and the charitable organization
disagrees with this decision, the person can appeal the refusal as
prescribed in section 10 -73.
(d) The finance department shall prescribe the form of the
certificate of registration. However, each such certificate of reg.
istration shall be printed in black except that the following shall
be printed prominently thereon in red: "The issuance of this cer-
tificate of registration is not an endorsement by the City of
Okeechobee or any of its officers or employees Nor may the
certificate of registration be used by any charitable organization
for promotion purposes. Each certificate of registration shall bear
a registration number that is the same as the file containing the
registration statement filed by the registrant.
(e) Any charitable organization as defined it section 10.1 that
has filed a registration statement with any state, city or county
during the preceding twelve (12) months containing substantially
the same information under oath as requested in this section and
has been Issued a registration certificate, may file a copy of such
registration statement and registration certificate with the fi-
nance department and such charitable organization shall be
deemed to have complied with the requirements of section 10.57
relating to the preparation and filing of a registration statement
as long as such prior filing and registration certificate remains
valid.
(f) All registration statements filed with the finance depart-
ment, whether or not a certificate of registration has been issued,
shall be a public record and shall be available for inspection by
members of the public during regular business hours and copies
may be obtained at the regular cost.
(g) Within thirty (30) days from the expiration of the certifi-
cate of registration, the charitable organization shall file with the
finance department on forms provided by that office a statement
regarding all solicitation of funds for the prior year, which state-
ment shall be sworn by an appropriate officer of the charitable
organization and which sworn statement shall show the following:
(1) The full amount of money and property collected as a result
of the solicitation of funds during the annual reporting
period;
(2) A complete list of any and all expenses incurred in pro-
curing those funds. The said list shall be broken down into
salaries, wages, fees, commissions, advertising and all other
expenses and costs paid in connection with the solicitations
of those funds;
(3) The bank, if any, where the proceeds of those solicitations
of funds were placed; and
(4) Actual or proposed utilization in approximate amounts of
the said proceeds.
Sec. 10 -83 Maintenance of records.
(a) Charitable organizations shall maintain records or docu•
ments that are necessary to file the complete and truthful state-
ments required by section 10 -82 for a period of three (3) years
from the filing of each statement.
(b) It shall be unlawful to accept a charitable contribution for
any charitable purpose without tendering to the contributor a
receipt which acknowledges the amount and species of the con-
tribution, the name of the association for whom the contribution
is made, and the name of the professional solicitor if applicable,
provided that a receipt shall not be necessary for contributions
made through receptacles, nor shall a receipt be necessary for a
contribution of less than five dollars ($5.00). Attached to each
receptacle shall be a copy of the charitable solicitations registra-
tion certificate.
Sec. 10 -84 Telephone solicitations.
(a) When conducting telephone solicitations for charitable pur-
poses, the registration holder receiving contributions shall fur-
nish to each contributor an invoice, receipt, or statement con-
taining the name of the soliciting organization, the name of the
professional solicitor if applicable, and the address from which
the solicitation was made.
(b) When conducting telephone solicitations for charitable pur-
poses, the professional solicitor or his agent or employee shall
immediately Identify himself to the listener by full name and
then as a professional solicitor or his agent or employee before he
solicits any person for a charitable contribution. An acceptable
contribution under this section would be as follows:
"Hello, my name is (Pull name) and I work for (name of pro-
fessional solicitor), a professional solicitor. I am calling on be.
half of the (insert organization on whose behalf charitable solic-
itations are being made)
Sec. 10 -85 Prohibited acts.
No charitable organization subject to the provisions of this
chapter, or no agent, employee, or officer of any such organiza-
tion, shall engage in any of the following prohibited acts:
(1) [Prohibited acts:)
(a) Willful use of any solicited funds or soliciting or re-
taining funds to support or execute any conduct that is
criminal or illegal under the laws of the City of
Okeechobee, Okeechobee County, the State of Florida,
or the United States;
(b) Willful failure to file any statement required by this
chapter or knowingly making false statements or pro-
viding false information in those statements;
(c) Use of any scheme or artifice to defraud or obtain money
or property by means of any false statement or repre-
sentation;
(d) Willfully concealing the identity of an organization on
whose behalf solicitations are being made;
(e) Knowingly misrepresenting that the proceeds of any
solicitation of funds, under current law, would entitle
the donor to a federal or state income tax deduction;
(f) Promising any person that the proceeds of a solicita-
tion of funds will be refunded upon request, and there-
after willfully failing within thirty (30) days to make a
refund that has been requested in writing;
(g) Promising any person that refunds of the proceeds of
any solicitation of funds will be made upon request
without providing such person, at the time such rep-
resentation is made, with a written statement of the
terms and conditions upon which refunds are made;
provided, however, that any statement made in good
faith at the time is not prohibited by this section;
(h) Soliciting funds at private residences between 10:00
p.m. and 7 :00 a.m.;
(1) Solicitation of funds by any person on behalf of a char-
itable organization which has failed to obtain a certif-
icate of registration under this chapter and is not ex-
empt under section 10 -81
(j) Willful failure to maintain the records or documents
required by section 10 -83
(k) If claiming an exemption under sectionl0- 81.(c), willful
failure to maintain the records or documents required
to be maintained by said Section, willful failure to make
the private statement and those records or documents
reasonably available for inspection by every member
of the charitable organization, or knowingly making
false statements or providing false information in the
private statement or those records or documents de-
scribed in said section.
(2) It shall be unlawful for any solicitor to use either a ficti•
tious name or an alias or any other than his full, true and
correct name.
(3) Should any person post on their leased or owned real prop-
erty, in an obvious and immediately visible place, a "No
Solicitors," "No Soliciting," or "No Trespassing" sign, any
solicitor shall honor said sign and not solicit the premises.
(4) In addition to any other remedy provided by law, any person
who willfully and knowingly commits any of the prohibited
acts under this section shall be punishable as provided by
in section 1 -9 of this Code. In addition to the penalty pro-
vided for in section 1.9, the provisions of this chapter shall
be subject to enforcement before the City of Okeechobee
Code Enforcement Board.
(5) This chapter is not intended to repeal or affect other per-
mitting regulations, fraud or consumer protection laws of
the City of Okeechobee, Okeechobee County, the State of
Florida., or the United States.
Sec. 10 -86 Power of the police department to investigate
and prosecute prohibited acts of charitable or-
ganizations.
(a) The police department shall investigate alleged violations
of this article only after three (3) individuals file separate bona
fide complaints in writing, sworn to or affirmed, with the police
department, setting forth facts demonstrating that one or more of
the prohibited acts set forth in section 10 85 have been engaged in
by the charitable organization and that the complaining party
has been injured by such act or acts.
(b) The police department, when conducting an investigation
pursuant to subparagraph (a) shall have the power to subpoena
any person, require the production of the records or documents
described in section 10 -83 and the private statement and records
or documents described in section 10- 81'(c) and administer oaths.
ATTEST:
ATTEST:
(c) If the investigation conducted under subparagraph (a) dem-
onstrates that probable cause exists to believe that a violation or
violations under section 10 -85 exist, then the police department
shall institute an action to prosecute such violation or violations.
Sec. 10 -87 Damages to injured persons.
Nothing herein contained shall preclude any person aggrieved
by a prohibited act under section 10 -85 committed by a charitable
organization from commencing an appropriate action or pro-
ceeding under the laws of the State of Florida to recover compen-
satory damages.
Sec. 10 -88' Notice to the public about the provisions of this
chapter.
The police department shall be empowered to inform the public
about the requirements of this chapter as applied to all charitable
organizations soliciting funds in Okeechobee, Florida. The police
department specifically has the authority to notify the public that
the department is authorized to receive and investigate corn-
plaints relating to the violations of this chapter. The police de-
partment shall give public notice of all convictions of charitable
organizations violating the provisions of this chapter and the basis
of these convictions,
Sec. 10 -89 Reserved.
Sec. 10 -90 Severability.
If any section, phrase, sentence or portion of this chapter is, for
any reason, held invalid or unconstitutional by any court of com-
petent jurisdiction, such portion shall be deemed a separate, dis-
tinct and independent provision, and such portion shall not affect
the validit of the remainin portions thereof.
DIVISION 3. SEVERABILITY
This ordinance shall become effective immediately upon its adoption.
Introduced for first reading and set for final hearing this 18th day
of June 1991.
BONNIE S. THOMAS, CMC, CITY CLERK
BONNIE S. THOMAS, CMC, CITY CLERK
/JAMES E. KIRK, MAYOR
Passed and aopted on second reading and public hearing this 6th day
of August 1991.
JAMES E. KIRK, MAYOR