0162 (Occupational Licenses )ORDINANCE NO //(
NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
REQUIRING EVERY PERSON; FIRM OR CORPORATION TO APPLY FOR A
LICENSE BEFORE SELLING OR ENGAGING IN THE BUSINESS OF SELLING
IN THE CITY OF OKEECHOBEE, FLORIDA, GOODS, WARES, MERCHANDISE
OR OTHER PERSONAL PROPERTY, SUCH SALES BEING ADVERTISED AS
BANKRUPT, INSOLVENT, INSURANCE, ASSIGNEE, TRUSTEE, TESTATOR,
EXECUTOR, ADMINISTRATOR, RECEIVER, AUCTION, SYNDICATE, RAILROAD
OR OTHER WRECKS, WHOLESALE OR MANUFACTURER'S OR CLOSING OTJT SALE
OR AS GOODS DAMAGED BY SMOKE, FIRE, WATER OR OTHERWISE: REQUIRING
SUCH APPLICATION TO BE ACCOMPANIED BY AN AFFIDAVIT: PROVIDING
FOR THE COTTENTS OF SUCH AFFIDAVIT: PROVIDING FOR TEE PAYMENT
OF A LICENSE FOR TJ PRIVILEGE OF SELLING SUCH GOODS, WARES,
MERCPANDISE OR OTHER PERSONAL PROPERTY: PROVIDING FOR TIE
ISSUANCE OF A LICENSE TO EACH SUCH APPLICANT: EXCEPTING CERTAIN
PERSONS, FIRMS OR CORPORATIONS FROM THE PROVISIONS OF SAID
ORDINANCE: PROVIDI G PENALTIES FOR THE' VIOLATION OF THIS
ORDINANCE, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND CITY COTJNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA.
SECTION 1.
Before any person, firm or corporation shall s ell or
- be engaged in the business of selling in the City of Okeechobee,
Florida, goods, wares, merchandise or other personal property,
such sales being advertised as bankrupt, insolvent, insurance,
assignee, trustee, testator, executor, administrator, receiver,
auction, syndicate, railroad or other wreck, wholesale or
manufacturer's or closing out sale, or as goods damaged by
smoke, fire, water or otherwise, such person, firm or corporation
shall file an application with the Tax Collector of the City of
Okeechobee, Florida, for a license, which application shall be
accompanied by an affidavit stating all the facts, plating all
the reasons for and the character of such sales so advertised
and represented, and including the statement of the names of the
persons from whom the goods, wares and merchandise or other
personal property was obtained, the date of delivering to the
.person applying for such license, and the place from which said
goods, wares and merchandise or other personal property was
last taken or brought, and all details necessary to exactly
locate and fully identify the said goods, wares and merchandise
or other personal property, and shall further pay to the Tax
Collector of said City as a license for the privilege of selling
such goods, wares, merchandise or other personal property, the
sum of Two Hundred Fifty Dollars 0250.00) for each sale; and
upon the filing of such application and affidavit and payment
of said sum, the Tax Collector shall issue a license to each
applicant, but the provisions whereof 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 mortgage or lien, executors and administrators
selling goods of their decedents or to any officer selling the
property under legal process, or to regularly licensed
auctioneers selling bona fide at public outcry in the usual
course of their business, or bona fide merchants in selling or
disposing of stocks or merchandise who were the original owners
of said stock or stocks of merchandise and a license having
already been paid by the merchant prior to the bankruptcy
proceedings.
SECTION 2.
Every person, firm or corporation, including principals
and their agents, servants or employees who shall sell or engage
in the businessof selling goods, wares, merchandise or other
personal property without having first complied with Section 1
of this Ordinance shall, upon conviction, be fined not less than
One Hundred Dollars ($100.00) or more than Two Hundred Fifty
Dollars ($250.00) or imprisoned not more than sixty days in the
City Jail, or both such fine and imprisonment.
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SECTION 3.
Each day or part of day that such person, firm or
corporation shall sell or be engaged in the business of selling
goods, wares, merchandise or other personal property in violation
of this Ordinance shall be taken, considered and construed as a
distinct and separate offense and violation of this Ordinance.
SECTION 4.
If any section, sentence, clause or phrase of this
Ordinance shall be held to be invalid or unconstitutional, the same
shall in no way effect any other section, sentence, clause cr phrase
of this Ordinance.
SECTION 5.
That nothing herein provided shall be construed to repeal
any license tax now imposed by Ordinance as this Ordinance is
intended to supplement the Ordinances now in force.
SECTION 6.
This Ordinance shall become effective upon its passage
1 qdr
in the manner prescribed by the Charter of said City of Okeechobee,
Florida, and the laws of the State of Florida.
Read a first time and by unanimous vote passed to a second
reading.
Read a second time and by unanimous vote passed to a third
and final reading.
Read a third time and PASSED in open session of the City
Council this day of May, A. D. 1935.
ATTEST:
President City Council, City
of Okeechobee, Florida.
City Clerk.
The foregoing Ordinance is hereby approved by me this
day of May, A. D. 1935.
MAYOR