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0363 (License Fees)ORDINANCE NO. 363 AN ORDINANCE AMENDING CHAPTER 12 (LICENSES) OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA, BY RESCINDING SECTIONS 12 -2, 12 -6, 12 -11 AND 12 -8, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 12 -2, 12 -6, 12 -11 AND 12 -8; RE- ENACTING SECTION 12 -22 (LICENSE SCHEDULE); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. Section 12 -2 of Chapter 12 is hereby rescinded and a new Section 12 -2 is substituted to read as follows: Section 12 -2. License tax imposed; term; half -year licenses; receipt. (a) An occupational license tax is hereby imposed upon each and every business, profession or occupation engaged in or carried on within the corporate limits of the City. Such occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within said munici- pality for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within said munici- pality for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of (1) or (2) 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. (b) 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 first day of April, the full tax for one year shall be paid except as hereinafter provided for, and for each license obtained between the first day of April and the thirtieth day of September, one -half of the full tax for one year shall be paid except as hereinafter provided for; that upon payment of such tax the City Clerk of the City shall issue to the person, firm, association or corporation paying the same a receipt or license signed by the City Clerk, whose fee for issuing same shall be twenty -five cents paid by the licensee, which receipt or license shall expire at the end of the period for which the same is issued as hereinabove specified. SECTION 2. Section 12 -6 of Chapter 12 is hereby rescinded and a new Section 12 -6 is substituted to read as follows: Section 12 -6. Payment of occupational license tax; additional day of grace. All licenses shall be sold by the City Clerk beginning September 1 of each year and shall be hue and payable on October 1 of each year and shall expire on September 30 of the succeeding year, porvided further, 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 3. Section 12 -11 of Chapter 12 is hereby rescinded and a new Section 12 -11 is substituted to read as follows: Section 12 -11. Transfer of license. (a) No license shall be transferred from person to person, place to place, or business name or classification be changed except upon the consent of the City Clerk in writing, and 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 shall protect any merchant doing business with a greater stock in trade than covered by such license, or any hotel keeper or rooming house keeper having a greater number of rooms than is covered by such license, and any license issued upon anyrfalse statement made under oath shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business without a license. It shall be unlawful for any person, firm, association or corporation to engage in any trade, business, profession or occupation within the City without a license as aforesaid, or under a license issued upon false statement made by any person engaged in any trade, business, profession or occupation within the City or in their behalf. (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 same municipality upon payment of a transfer fee of three dollars ($3.00). SECTION 4. Section 12 -8 of Chapter 12 is hereby rescinded and a new Section 12 -8 is substituted to read as follows: Section 12 -8. Delinquent license; doing business without license or license obtained by fraud; penalties. (a) All occupational licenses not renewed by October 1 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 there- after until paid; provided that the total delin- quency penalty shall not exceed twenty five percent (25 %) of the occupational license fee for the delinquent establishment. (b) Any person engaging in or mananging any business, occupation or profession without first obtaining a local occupational license, if required here- under, shall be subject to a penalty of twenty - five percent (25 %) of the license determined to be due, in addition to any other penalty pro- vided by law or ordinance. (c) 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 -8 of this Code. SECTION 5. Section 12 -22 of Chapter 12 is hereby rescinded and a new Section 12 -22, being a re- enactment of former section 12 -22 verbatim and in its entirety, is substituted to read as follows: Section 12 -22. Schedule. The following license taxes shall be assessed and collected annually unless otherwise provided, on the following businesses, occupations and professions: A. (1) ABSTRACTORS $ 12.50 (2) ACCOUNTANTS, PUBLIC BOOKKEEPER OR AUDITOR . 12.50 (3) ADVERTISING on streets with banners, floats, cartoons, exhibitions (not applicable to candidates for public office or to athletic contests), and where no other occupational license is held. (a) Vehicle is used, per vehicle 12.50 (b) No vehicle is used 6.25 (4) AGENTS. (a) Adding machines 12.50 (b) Bicycles 12.50 (c) Bill posting and distribution, including circulars, pamphlets or other advertising matter, where no other occupational license is held 12.50 (d) Building and loan associations, local, per agent for 15.00 (e) Building and loan associations, foreign, per agent for 125.00 (f) Claim and collection agencies, not taxed as bankers or lawyers, per agent for. . . 12.50 (g) Clothiers not taxed as merchants, per agent for 25.00 (h) Fertilizers, foreign, per agent for . . 31.00 (i) Loan agents, not taxed as bankers or lawyers 25.00 (j) Monuments and tombstones, where no other occupational license is held 12.50 (k) Safes, for sale or exchange, where no other occupational license is held 12.50 (1) Sewing machines, sale, where no other 12.50 occupational license is held (m) Steamships or steamboats 12.50 (n) Typewriters, sale or rental, where no other occupational license is held 12.50 (o) Tailors, foreign, per agent for, where no other occupational license is held 12.50 (5) ALLIGATORS, DEALERS IN 12.50 (6) AMUSEMENT PARKS 125.00 (Not applicable to associations organized to hold county fairs) (7) AMUSEMENT PARLORS OR PENNY AR- CADES. (a) Fifteen or more machines, including automatic slot machines, phonographs, music boxes or similar devices 62.50 (b) Less than fifteen, per machine _.._ 1.25 (8) ANALYTICAL CHEMISTS 12.50 (9) ARCHITECTS 12.50 (10) ARMS, DEALERS IN 6.25 (11) ASTROLOGISTS 625.00 (12) AUCTION SALES 100.00 (13) AUCTIONEERS 37.50 (14) AUTOMATIC VENDING MACHINES,* per machine 1.25 (Not applicable to machines vending citrus juice, drinking cups or postage stamps and operated on trains or steamboats or in rail- road stations or public waiting rooms) (15) AUTOMOBILE'S. (a) Automobile tires and tubes, dealers in whether as an independent business or in connection with any other business (b) Dealer or sales agent (including dealers or sales agents engaged in the sale of automobiles, automobile trucks, each place of business. (1) Resident (2) Nonresident 9.50 25.00 25.00 (c) Garages for keeping, storing and repair- ing automobiles, where no other occu- pational license is held (d) Motorcycles, dealers in 12.50 12.50 B (16) BAGGAGE WAGONS, per wagon 6.25 (17) BAKERIES, Steam 12.50 Other 6.25 (18) BANKS. (a) Capital $10,000.00 or less 12.50 (b) Capital more than $10,000.00 to $50,- 000.00 18.75 (c) Capital more than $50,000.00 to $100,- 000.00 31.25 (d) Capital more than $100,000.00 62.50 (19) BARBERSHOPS, one chair 6.25 Each additional chair 3.15 (20) BATHS, TURKISH, RUSSIAN OR OTHER 12.50 With swimming pool 18.75 (21) BEAUTY P.ARLORS 6.25 (22) BICYCLE RINKS 62.50 (23) BICYCLE REPAIR SHOPS, where no other occupational license is held 12.50 (24) BILLIARD OR POOL PARLORS,* per table 15.75 (25) BOARDINGHOUSES, LODGINGHOUSES AND HOTELS. (a) Accommodating 300 or more lodgers 250.00 (b) Accommodating 200 but less than 300 lodgers 187.50 (c) Accommodating 100 but less than 200 lodgers 125.00 (d) Accommodating 75 but less than 100 lodgers 68.75 (e) Accommodating 50 but less than 75 lodgers 31.25 (f) Accommodating 25 but less than 50 lodgers 18.75 (g) Accommodating 15 but less than 25 lodgers 12.50 (h) Accommodating 10 but less than 15 lodgers 6.25 (26) BOAT BUILDERS, under contract. (a) Boats more than 25 tons 31.25 (b) Boats more than 10 tons, to 25 tons 12.50 (27) BOAT HOUSES OR YARDS 6.25 (28) BOILER INSPECTION 12.50 (29) BOILER, MACHINE SHOPS OR FOUND- RIES, with more than $100,000.00 invested 12.50 (30) BOOK BINDERY 12.50 (31) BOOTBLACK STANDS. (a) One to two seats 2.50 (b) Three to five seats 6.25 (c) Six to ten seats 9.50 (d) More than ten seats 12.50 (32) BOTTLING PLANTS. (a) For each machine having one filling head 12.50 (b) For each machine having two filling heads 18.75 (c) For each machine having three filling heads 25.00 (d) For each filling head over three, per ma- (33) BOWLING AND BOX BALL ALLEYS 31.25 (34) BRICKYARDS 12.50 (35) BROKERS. (a) Insurance 12.50 (b) Merchandise 12.50 (c) Stocks and bonds 31.25 (36) BUILDING AND LOAN ASSOCIATIONS, local 12.50 C (37) CANDY STANDS 12.50 (38) CANNERIES 12.50 (Not applicable to farmers and growers who can their own products) (39) CARRIAC1 FACTORIES -. - -- 12.50 (40) CASH REGISTERS, dealers in, where no other occupational license is held 12.50 (41) CEMENT, CONCRETE OR ARTIFICIAL STONE, dealers in or manufacturers of, where no other occupational license is held 12.50 (42) CHEWING GUM STANDS, per stand, where no other occupational license is held 6.25 (43) CIDER, dealers in 12.50 (44) CIGARS AND TOBACCO, dealers in, when no other occupational license is held 6.25 (45) CIVIL ENGINEEERS, SURVEYORS 12.50 (46) CLAIRVOYANTS 625.00 (47) CLOTHING, SECONDHAND, dealers in 31.25 (48) COLD STORAGE PLANTS 12.50 (49) COMMISSION MERCHANTS 25.00 (50) CONTRACTORS. (a) Resident contractor 25.00 (b) Resident subcontractor 15.00 (c) Nonresident contractor 50.00 (d) Nonresident ,subcontractor 25.00 (e) Not otherwise specified 12.50 (51) CURIOS, dealers in 12.50 D (52) DENTIST, resident 12.50 Nonresident 31.25 (53) DETECTIVE AGENCY 31.25 (54) DETECTIVE, private 12.50 (55) DIRECTORIES, compiling or selling 12.50 (56) DROVERS 12.50 (57) DRY CLEANERS, where no other occupa- tional 12.50 license is held (58) DYE WORKS AND STEAM CLEANERS 12.50 (59) DYNAMITE, dealers in 6.25 E (60) ELECTRIC LIGHT OR POWER PLANTS __ 37.50 Plant making minimum charge without reference to meter 56.25 (Municipal corporation owning and operat- ing its own plant shall be exempt from license tax) (61) ELECTRIC MACHINERY, dealers in 12.50 (62) EMIGRANT AGENTS 250.00 (63) EMPLOYMENT AGENCIES 12.50 (64) EXPRESS COMPANIES 31.25 (65) FORTUNETELLERS 1,250.00 (66) FOUNDRIES, connected with machine shops or otherwise 31.25 (67) FROGS OR FROG LEGS, dealers in 12.50 (68) FURNITURE, dealers in. (a) First $1,000.00 capital 6.25 (b) Each additional $1,000.00 3.00 G (69) GAMES AND DEVICES. (a) Automatic or otherwise 18.75 (b) Knife racks, cane racks, ball games, per game or rack 6.25 (70) GASOL1N,E DEALERS, wholesale 18.75 (71) GAS PLANTS ____ 31.25 (72) GRAMOPHONES, operation of, per machine 1.25 (73) GREEN GROCERIES, FRUITS AND NUTS, dealers in, when no other occupational license is held _.. 3.75 (74) GYPSIES, assembly of or trading by 125.00 H (75) IIARNESS AND SADDLERY 6.25 (76) HAT MEAN ING AND BLOCKING 6.25 (77) I IAWKERS, PEDDLERS AND 11'INER- ANT MERCHANTS. (a) Street vendors of medicine, drugs or patent medicines 62.50 (b) Same, advertising by means of minstrel or vaudeville acts 125.00 (c) Peddlers of merchandise not specifically enumerated 187.50 (d) Peddlers of stoves, ranges and clocks from wagons 93.75 (e) Peddling in boats, more than 40 feet in length 56.25 (f) Same, less than 40 feet in length 18.75 (g) Peddlers of furniture, household goods, builders supplies, musical instruments or other merchandise at retail, representing business houses outside the city 125.00 (As to this subsection (77), no license shall issue until the applicant therefor shall have paid all personal property taxes assessed by the city ; if such taxes have not been paid for one year prior to the issuance of license, applicant shall furnish the tax collector a cash bond in the sum of $500.00 condi- tioned on the payment of such personal property taxes. (78) HOSPITALS, except those operated by chari- table associations or societies 15.75 (79) HYPNOTISTS 1,250.00 I (80) ICE CREAM CARTS 7.50 (81) ICE CREAM MANUFACTURERS, selling at wholesale 12.50 (82) ICE FACTORIES. (a) Capacity to 10 tons per day 12.50 (b) More than 10 tons, but less than 20 tons 18.75 (c) 20 tons to 30 tons 31.25 (d) More than 30 tons to 60 tons 62.50 (e) More than 60 tons, but less than 100 tons 93.75 (f) 100 tons or more but less than 150 tons 125.00 (g) More than 150 tons 250.00 , (83) ICE WAGONS, per wagon (84) INSURANCE COMPANY, or agent J 12.50 12.50 (85) JOB PRINTING 12.50 (86) JUNK DEALERS (Note - Licensee shall keep full record of each transaction and same shall be at all times available for inspection by police or peace officers) 12.50 L (87) LAUNDRIES, steam 6.25 (88) LAUNDRIES, Chinese 6.25 (89) LAWYERS 12.50 (90) LAUNCHES FOR HIRE, per launch. (a) Capacity 20 passengers or more 6.25 (b) Capacity less than 20 passengers 3.50 (91) LIGHTNING ROD DEALERS, resident 12.50 (92) LIGHTNING ROD DEALERS, nonresident 62.50 (93) LOCKSMITIIS AND TRUNK REPAIRERS, when no other occupational license is held 6.25 (94) LUMBER DEALERS 31.25 (95) LUNCH STANDS AT RAILROAD DEPOTS 12.50 (96) LUNG TESTERS, per machine 625 M (97) MANICURIST 6.25 (98) MANUFACTURERS, not otherwise provid- ed for 12.50 (99) MANUFACTURERS, Fertilizer 31.25 (100) MARBLE YARDS 12.50 (101) MEAT DEALERS, wholesale or retail 12.50 (102) MENTAL HEALERS 500.00 (Not applicable to members of a Christian denomination who pray for the recovery of the sick) (103) MERCANTILE AGENCIES __ 31.25 (104) MERCHANT TAILORS 12.50 (105) MERCHANTS, DRUGGISTS AND STORE- KEEPERS. (a) First $1,000.00 stock of merchandise 6.25 (b) Each additional $1,000.00 3.00 (c) Wholesale dealers, per $1,000.00 stock of merchandise 3.00 (106) MERRY -GO- ROUNDS 31.25 (107) MISCELLANEOUS .. 12.50 (108) MUSIC BOXES, per instrument 6.25 N (109) NEWS COMPANIES 62.50 (110) NEWSSTANDS see merchants. (111) NURSERYMEN, nonresident 625010 0 (112) OCULISTS, OPTICIANS, OPTOMETRISTS (a) Resident (b) Nonresident (113) OIL DEALERS, wholesale, illuminating or lubricating 12.50 31.25 31.25 (111) ORIENTAL GOODS 31.25 If sold by auction 625.00 (Note - Description of each article to be sold must be posted two days prior to sale; sale must be made in same order as posted list; no by- bidding shall be permitted; list of each article sold, together with name of purchaser and price of article shall be posted for two days next following the sale) (115) OSTEOPATHS 12.50 (116) PAINT MANUFACTURERS 31.25 (117) PAINTERS 12.70 (118) PALMISTS 025.00 (119) PAPER HANGERS 12.50 (120) PATENT RIGIITS, dealers in 62.50 (121) PAWNBROKERS __. _ 125.00 (122) PEANUT CARTS AND STANDS ti.25 (123) PHOTOGRAPHERS. (a) Resident 12.50 (b) Nonresident 25.00 (124) PHYSICIANS AND SURGEONS 12.511 (125) PIANO TUNERS 6.25 (126) PICTURE AGENTS 6.25 (127) PILE DRIVERS 12.50 (128) PLANING MILLS, not connected with saw- mills -___ -- - 6.25 (129) PLUMBERS 12.50 R (130) RAILROAD, BUS AND TRUCK AGENCIES 31.25 (131) RESTAURANTS, CAFES 12.50 S (132) SAWMILLS, PLANING MILLS, DRY KILNS. (a) Capacity 10,000 feet or less per day 12.50 (b) More than 10,000, but less than 25,000 feet per day 31.25 (c) 25,000 to 50,000 feet per day 62.50 (d) More than 50,000 feet 125.00 (133) SECONDHAND DEALERS 1N BOOTS AND SIIOES - 0.25 (134) SHINGLE MILLS. (a) Capacity 25,000 shingles or more per d=ay 31.25 (b) Less than 25,000 shingles __ 12.50 (135) SIIIP BROhERS - - - - -- 12.50 (136) SI1OOTTNG GALLEIUES 25.00 (137) SHOWS,* including traveling shows, cir- cuses, carnivals, vaudeville or minstrel shows. rodeos or other shows operating in tents, en- closures or temporary structures, whether covered or uncovered. (a) Per day, when admission charge is 8.50 or more 31.25 (b) Per day, when admission charge is 8.25 or more, but less than $.50 18.75 (c) Per day, when admission charge is less than $.25 - 12.50 (138) SHOWS, CONCERT HALLS, ROOF GAR- DENS* 200.00 One night only 50.00 (139) SHOWS, THEATRICAL,* including travel- ling players and minstrels performing in `Note -Does not apply to local amateur shows, or shows by charitable fraternal organizations for their own benefit. buildings fitted for such shows or exhibitions, per performance 12.50 (140) SHOWS, TRAVELING MOTION PIC- TURE,* per day 18.75 (141) SIDESHOWS. (a) If admission to main show is $.50 or more, per day 12.50 (b) If admission to main show is $.25 or more, but less than $.50 9.50 (c) If admission to main show is less than 25 6.25 ( No license shall be issued -for a side- show unless a license has been issued for the main show) (142) SKATING RINKS 125.00 (143) SLAUGHTER PENS 12.50 (144) SLOT MACHINES, for vending merchandise 1.25 (145) STEVEDORES 18.75 T (146) TELEPI -IONS SYSTEMS 31.25 (147) TELEGRAPH SYSTEMS 31.25 (148) TOURIST CAMP, CABIN CAMP, AUTO COURT, TOURIST COURT OR MOTEL 31.25 (149) TRADING STAMP FIRMS. Persons or firms or corporations known as trading stamp companies, shall pay a city license tax of one thousand dollars. (150) UNDERTAKERS AND EMPALMEIRS. (a) Undertakers who are not embalmers ___ (b) Undertakers and embalmers V (151) VEHICLES FOR HIRE 18.75 31.25 50.00 W (152) WAGON FACTORIES 12.50 (153) WAREHOUSES, bonded or storage 12.50 (154) WATCHMAKERS 6.25 ( 155) WATER COMPANIES 31.25 (156) WEIGHING MACHINES, per machine 1.25 (Ord. No. 161, §§ 1, 2, 5-19-35; Ord. No. 174, §§ 4, 5, 3-6-36; Orcl. No. 188, § 5, 11-19-37; Ord. No. 190, §§ 1, 2, 3-4-38; Ord. No. 205, § 4, 12 -1 -41; Ord. No. 229, § 1, 3-1-48; Ord. No. 245, § 1, 3 -5 -51; Ord. No. 248, § 1, 1-7-52; Ord. No. 249, § 1, 1-7-52; Ord. No. 254, § 1, 10-6-52; Ord. No. 283, § 1, 12-10-57; Ord. No. 284, § 1, 12-10-57; Ord. No. 299, § 1, 7-5-60) SECTION 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 7. This Ordinance shall be effective immediately upon its becoming law and licenses may be issued prior to the time when they shall become effective. The licenses, themselves, which may be issued under this Ordinance shall be effective only for the period commencing October 1, 1972, and ending September 30, 1973. PASSED AND ADOPTED at a Regular Ajourned meeting of the City Council of the City of Okeechobee, Florida, on September 29, 1972, after Public Notice of such meeting was published in the Okeechobee News in accordance with the law in such case made and provided. ATTEST: President of the City Council APPROVED by me this 29th day of September, 1972. a Mayor, City of eechobee, Florida This is to certify that the above and foregoing Occupational License Tax Ordinance was introduced and passed on first reading by the City Council of the City of Okeechobee, Florida, at its regular meeting on September 12, 1972, and that said Ordinance will be introduced for final passage on September 29,1972, at a Special Adjourned Regular Meeting of the City Council of the City of Okeechobee, Florida, to be held at 6:30 o'clock P.M. in City Council chambers at City Hall, Okeechobee, Florida. Witness my hand and the Official Seal of the City of Okeechobee, Florida, this the 12th day of September, 1972. (CITY SEAL) LORENA SPIVEY, ITY CLE September 14, 1972 The Okeechobee News