2008-O-01
ORDINANCE NO. 2008-0-01
AN ORDINANCE AMENDING AND RESTATING
CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, AND
REGULATIONS), ARTICLE I (IN GENERAL) IN ITS
ENTIRETY; OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In 2007, the State of Florida modified Chapter 205 of the Florida Statutes
reflecting that occupational licenses were now known as business tax receipts. Due to this
modification, Chapter 11 (Occupational licenses, taxes and regulations), Article I (In General) is
being amended and restated in its entirety to reflect this modification.
2. Pursuant to Section 205.0535, municipalities may increase the rates of business
taxes by up to five percent (5%) every other year by no less than a majority plus one vote of the
City Council.
3. Ordinance Number 2006-0-26 to increase the rates was not passed during the
Council meeting held on August 7, 2006 due to lack of a super majority by City Council.
Therefore, the Occupational License Fees/Taxes were last increased in 2004.
4. Changes to the City ordinance related to business tax receipts are also warranted
to make the City's ordinance and system for implementing business tax receipts more consistent
with the County of V olusia.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
1
NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMEND AND RESTATE CHAPTER 11 (OCCUPATIONAL
LICENSES, TAXES AND REGULATIONS), ARTICLE I (IN GENERAL)
IN ITS ENTIRETY, OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA
Chapter 11 (Occupational Licenses, Taxes and Regulations) is amended and restated as
follows:
CHAPTER 11
OeeHpatioHalliceHses Business Tax Receipts, taxes and business
regulations
ARTICLE I. IN GENERAL
Sec. 11-1.
Persons subject to tax.
An occupational license business tax for the privilege of engaging in or managing any
business, profession or occupation within the city is hereby levied on the following persons:
(1)
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 the city.
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 the city.
Any person who does not qualify under the provisions of (1) or (2) above and
who transacts any business commerce where such license business tax if not
prohibited by the United States Constitution.
(2)
(3)
Sec. 11-2.
License Business tax receipt required; issuance.
It shall be unlawful for any person described in section 11-1 to engage in or manage any
business, profession or occupation in the city unless he holds a current occupational license
business tax receipt to do so, which license receipt shall be issued by the city clerk upon payment
of the license tax business tax receipt required therefor~.
No person, firm or corporation may open any business to the public until they have
applied and procured a certificate of use for each business location or premise. All businesses
are required to obtain both, a business tax receipt and certificate of use for each location.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
2
Sec. 11-3.
Term of license business tax receipt; proration of tax; delinquency charges.
(a) All licenses business tax receipts shall be sold by the city clerk beginning .^.ugust
July.fH:.st 15t of each year, are due and payable on or before September thirtieth 30th of each year,
and shall expire on September thiltieth 30th of the succeeding year. If September thirtieth 30th
falls on a weekend or holiday, the tax is due and payable on or before the first working day
following September thirtieth 30th. For each license receipt obtained for any new business,
occupation or profession after April fi.fs.t 15t of each year, one-half of the applicable annual
occupational license business tax shall be paid. Licenses Business tax receipts which are not
renewed on or before the expiration date may be reinstated thereafter upon payment by the
holder of the license receipt of the applicable license business tax plus a delinquency charge in
the amount of ten (10) per cent percent of such tax for the first month of delinquency, five (5) J*f
€effi percent each month of additional delinquency, up to a maximum of twenty-five (25) J*f
€effi percent. A new license business tax receipt shall not be issued to any person for the
privilege of engaging in or managing the same business, profession or occupation except upon
payment of all past due license business taxes and delinquency charges applicable thereto.
(b) Any person who engages or manages any business, occupation or profession
without first obtaining an occupational license a business tax receipt, if required, is also subject
to a penalty of twenty- five (25) per cent percent of the license business tax due.
( c) Any person who engages in any business, occupation or profession covered by
this chapter, who does not pay the required occupational license business tax within one hundred
fifty (150) days after the initial notice of tax due, and who does not obtain the required
occupational license business tax receipt is subject to civil actions and penalties, including court
costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection
efforts and a penalty of up to two hundred fifty dollars ($250.00).
Sec. 11-4.
License Business tax receipt limits; transfer fee; no rebate.
Any occupational license business tax receipt issued shall be good only for the particular
business, profession or occupation and at the particular place of business designated in the
license business tax receipt and only for the person to whom the license receipt was issued.
Provided, however, all business licenses may be transferred to a new owner upon a bona fide sale
of the business upon payment of a transfer fee of up to ten (10) per cent percent of the annual
license business tax, but not less than three dollars ($3.00) nor more than twenty-five dollars
($25.00) and presentation of evidence of the sale of the original license receipt. Upon written
request and presentation of the original license receipt, any license business tax may be
transferred from one location to another location in the city upon payment of a transfer fee of up
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
3
to ten (10) per cent percent of the annual license business tax, but not less than three dollars
($3.00) nor more than twenty-five dollars ($25.00). Each such license receipt transfer shall be
made within thirty (30) days after such sale or removal; otherwise the license business involved
shall become null and void and of no effect.
No portion of any occupational license business tax receipt shall be rebated unless such
license business tax was collected in error.
Sec. 11-5.
Revocation or suspension of license business tax receipt; grounds.
Any license business tax receipt issued for any business, profession or occupation which
the city council, in its discretion, shall determine is being operated in a manner that is not for the
best interest, welfare, health, morals and safety of the community may be suspended for a period
of time or revoked by the city council. Provided, however, prior to revocation or suspension of a
license receipt, the licensee shall be given at least five (5) days' notice of appear before the city
council to show cause why said license receipt shall not be suspended or revoked.
Sec. 11-6.
Exemptions.
All persons exempt by state law from securing state and county occupational licenses
business tax receipts shall be exempt from securing licenses receipts under this chapter.
See. 11 7. Administrati';e Fees; application fees, inspection fees.
Due to additional services provided by the City departments relating to the issuance of
occupational licenses, the City shall administer the following administrative fees in an amount
stipulated belo'.v:
(a) Liccnsc application fcc. An applicant for an occupational license shall
submit a completed application and a $21.00 non refundable fee. Upon acceptance of a
completed application, the application shall be forwarded to the Planning Department for
processing and approval upon satisfaction of all requirements, including, but not limited to; the
Department of Fire Rescue Services and Environmental Services for inspection and compliance
with the fire and safety codes and utility requirements. No occupational license shall be issued
until said applicant has furnished the city '.vith their state sales tax number, as required by la'N.
All applications for occupational licenses shall be submitted on the appropriate form as approved
by the City.
(b) Reprint fce. Any business/person who holds an occupational license and '.vho
requests an additional copy of the occupational license shall be charged a five dollar ($5.00)
print fee.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
4
(c) Reinstatcmcnt [-cc. Any business/person 'Nho holds an occupational license
that results in an expiration, revocation or suspension shall be charged a $31.50 administrative
fee for the reinstatement of the occupational license in addition to all required annual fees and
other delinquency charges.
(d) Inspcction fecs. .^~ny business applying for an occupational license or any
applicant applying for a transfer of the license from one location to another, shall ha':e an
inspection pursuant to the requirements of the City. This inspection shall take place prior to the
issuance of the occupational license, to ensure compliance with the codes. This fee shall be paid
prior to issuance of an occupational license. The following fees shall be imposed for inspection
services related to commercial and home occupational licenses:
(1) Firc inspection fccs busincss/commcreial. Inspections required by
federal, state or other agencies. These inspections occur annually and include, but are not limited
to any commercial business location, relating to an occupational license:
Occupancy Type Annual Fee .A..mount
Business/Commercial
0 3,000 sq. ft $21. 00
3,001 30,000 sq. ft. $36.75
30,001 + sq. ft. $52.50
Mercantile
0 3,000 sq. ft. $21. 00
3,001 30,000 sq. [t. $36.75
30,001 + sq. ft. $52.50
l'..ssembly
0 300 persons $21.00
301 1,000 persons $36.75
1,001 + persons $52.50
Industrial
0 3,000 sq. ft. $21. 00
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
5
3,001 20,000 sq. ft.
20,001 60,000 sq. ft.
60,001 + sq. ft.
$31.50
$12.00
$52.50
Storage
Storage buildings (300 10,000 sq. ft.)
Storage buildings (10,001 and up sq. ft. )
Rental units under 300 sq. ft.
$26.26
$52.50
Exempt
(2) Fire illspecti81l fces 118me 8ccllpati81lallicenscs. Inspection
by federal, state or other agencies relating to home occupational licensing shall be
inspection upon submittal of the occupational license application and prior to issua
license, as listed belo\v:
Annual inspection.......................................................
s required
an annual
nce of the
$ 21.00
(3) Enl'ir81IHlcntal services i:lspccn81l fees haclifl8Jv del4ecs. Baddlo'N
device inspections \vill conducted by the Department of Environmental Services and shall occur
on an annual basis. These inspections shall include, but are not limited to any commercial
business location, relating to an occupational license and shall be in an amount listed below:
Initial inspection...................................................... $ 10.50
(4) Rcillspecti811 fees. Any inspection trip made necessary by the responsible
party or representative's failure to appear, shall in addition to any other fees, be charged an
additional processing fee in the amount of$15.75.
Section l-l-811-7.
License Business tax schedule.
The amount of the occupational license business tax receipt tax hereby levied for the
privilege of engaging in or managing any business, profession or occupation within the city,
pursuant to section 11-1 is set forth in the following schedule. Whenever any business,
profession or occupation shall fall into more than one of the classifications contained in this
schedule, the person engaging therein shall be required to pay the tax required for each
classification.
The following annual, except as otherwise stated, designated license business taxes shall
be paid to the city by persons, engaging in or managing or transacting the following busmesses,
occupations or profession within the city:
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
6
1) Abstract or Title Company $ 86.82
2) Accommodations for rent, apartments, motels, motor
courts, cottages, hotels, boardinghouses
a) 1 to 2 rental units n/c
b) 3 to 10 rental units 28.94
c) 11 to 20 rental units 57.89
d) 21 to 30 rental units 86.82
e) 31 to 40 rental units 115.76
f) Each additional unit 23.15
License must be taken out for all rental units whether used or unused.
(Does not permit dining room without restaurant license).
3) Addressing, mailing or duplicating 40.52
4) Advertising agency or trade inducement company 69.46
5) Agents or agencies:
a) Collection Agency 86.82
b) Credit reporting 57.89
c) Booking agents 57.89
d) Employment 57.89
e) Private detective, detective agency
(must register with police department) 86.82
f) Travel agents 86.82
g) Security agency 86.82
h) Mortgage Broker 86.82
1. Each additional 28.94
2. Stocks and bonds 86.82
i) Other 46.31
6) Alcoholic beverages, spirits, beer and wine (under
state supervision), state license required n/c
7) Ambulance service (not connected with hospital
or funeral home) 81.04
8) Animals
a) Kennel, state license required 81.04
b) Boarding, state license required 81. 04
c) Grooming 40.52
d) Pet sitting 28.94
Animal breeders must obtain a permit from the City Animal
Control Office in accordance with Section 5-36 of the City of
Edgewater Code of Ordinances
9) Archery range 40.52
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
7
10) Armored car service:
a) 1 - 3 vehicles 57.89
b) Each additional vehicle 17.37
11 ) Arms dealer, handling those known as concealed
weapons, alone or in conjunction with any other
business (as defined in Chapter 790, Florida Statutes) 57.89
12) Auctioneer 40.52
13) Auction shops 86.82
14) Automotive:
a) Sales
1. New Cars 144.70
2. U sed Cars
a. 1 - 10 cars 28.94
b. 11- 50 cars 40.52
c. 51 - 100 cars 57.89
d. 101 and over 98.40
b) Minor repair service (State registration required) 81.04
c) Motor vehicle repair shop 81.04
d) Motor vehicle repair 40.52
e) Pumps (gas, kerosene, diesel):
1. 1-4 pumps 28.94
2. Each additional pump 5.79
f) Auto machine shop 46.31
15) Auto salvage 115.76
16) A viation service 46.31
17) Ball, concerts, parades, carnivals, circus, exhibitions
(fees set by Council) (special activities)
18) Barbershop and cosmetology(retail sales must
have separate licenses), state license required
a) One owner operator 46.31
b) Each additional operator 28.94
c) Shoe shine stand n/c
d) Manicurist & nail sculpture, pedicurist 28.94
e) Tanning salons 28.94
f) Other 28.94
19) Bicycles for rent (not in connection with other
business) 28.94
20) Billiards, pool, electronic games, etc.:
a) 1 to 10 machines 28.94
b) 11 to 25 machines 46.31
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
8
c) Each additional machine
21) Boats, ferry and sightseeing, used wholly or in part as
ferry sightseeing boats, each boat with passenger
capacity as follows:
a) Not to exceed 10 persons
b) More than 10 not to exceed 50 persons
c) More than 50 persons
(Does not permit dining room without restaurant license)
22) Boats for hire:
a) Canoes, rowboats, motor boards, inboard or outboard:
1. 1 to 1 0 boats
2. 11 to 25 boats
3. Each additional boat
b) Fishing, cruising and/or charter:
1. One boat
2. Each additional boat
23) Bottling works, bottling or distilling water
or soft drinks
24) Bowling lanes, skee ball, etc.:
a) 1 to 16 lanes
b) Each additional lane
(Restaurant needs additional license)
25) Broadcasting stations:
a) Cable
b) Radio
c) Television
26) Cabinet Shop (manufacturer and installation)
(not to exceed 3 employees);(Over 3 employees,
see Manufacturer);(Installer must have insurance)
27) Car wash:
a) 1 to 4 bays
b) 5 to 7 bays
c) Each additional bay
d) Car detailing and window tinting
(cleaning and polishing)
28) Carpet and rug cleaning
29) Cemetery lots (operated for profit)
30) Citrus fruit shippers, place where orders for fruit
are taken and filled or shipped (excluding
packing houses)
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
9
11.58
40.52
57.89
86.82
28.94
57.89
11.58
40.52
28.94
57.89
57.89
5.79
144.70
144.70
144.70
57.89
34.73
69.46
11.58
40.52
40.52
86.82
28.94
31) Cleaning, pressing and dyeing (boiler inspection
certificate must be presented)
a) Cleaning and pressing pick up station
b) Self-service:
1. 1 to 10 machines
2. 11 to 25 machines
3. 26 to 50 machines
4. Each additional machine
32) Coin-operated machine or devices:
a) Distributors
b) Each machine, see billiards, item (20)
for amounts
33) Communication sites:
a) Commercial
b) Cellular
c) Other
34) Computer software service (designing programs)
35) Concrete mixing plants:
a) 1 to 5 trucks
b) Each additional truck
36) Contractors (general or subcontractors; bonds required):
a) General, state license required
b) Residential, state license required
c) Builder, state license required
d) Electrical, state license required:
1. Master
2. Journe)TI1an
c) Plumbing, state license required:
1 . Master
2. Journe)TI1an
f) Mechanical, state license required:
1 . Master
2. Journe)TI1an
g) Pool, state license required
11) Subcontractors
1. f.larm systems
2. f.1uminum installers
3. Asphalt maintenance
1. A'.'ming (all types and/or storm shutters)
5. Cabinetry
40.52
28.94
40.52
57.89
5.79
57.89
144.70
144.70
144.70
57.89
173.65
28.94
81.01
81.04
81.01
57.89
28.94
57.89
28.91
57.89
28.94
57.89
10.52
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
10
6.
7.
8.
9.
10.
11.
12.
13.
H.
15.
16.
17.
18.
19.
20.
21.
22.
23.
21.
25.
26.
27.
28.
29.
30.
31.
32.
33.
31.
35.
36.
37.
38.
39.
10.
11.
42.
13.
Carpentry
Concrete, stone, brick
Dredging
Electrical
Elevators/escalators installation and maintenance
Fence installation
Fire sprinkler system
Floor sanding and finishing
Foundation or general excavating
Garage doors
Gas pipe installation
Glass and glazing
Heating, air conditioning or ventilation
Home maintenance and repair
House moving and demolition
Installation of prefabricated items, such as antenna, signs, etc.
Insulation
Irrigation
Land clearing
Landscape
Lmvn ( sprinkler installers)
Masonry
Mobile home set up
Painters and paperhangers
Parking lot striping
Paving and grading
Pier/docks/semvalls
Plasterers, drywall, hardcoat, stucco, lather
Plumbers
Pressure cleaning
Roofing and/or sheet metal and tinsmith
Sandblasting
Satellite
Steel, prefab
Structural steel
SV/imming pool
a. Installation
b. Service
TV cable wiring
Tile, terrazzo, marble and granite
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
11
cl1. Tree surgery
15. Trucking and bulldozing
16. \Vell drillers
17. Windows and steel sash
48. Other
36) Contractors
A2 Contractors: (489.105 F.S. a thru p) Part 1 and 2 and (489.505 F.S.) - STATE
LICENSE REQUIRED
ill General Contractor 81.04
Q2 Building Contractor 81.04
o Residential Contractor 81.04
ill Sheet Metal Contractor 57.89
~ Roofing Contractor 57.89
fl Class A Air Conditioning Contractor 57.89
g} Class B Air Conditioning Contractor 57.89
h2 Class C Air Conditioning Contractor 57.89
i2 Mechanical Contractor 57.89
j} Commercial Pool/Spa Contractor 40.52
kl Residential Pool/Spa Contractor 40.52
12 Swimming Pool/Spa Servicing Contractor 40.52
ml Plumbing Contractor 57.89
ill Underground Utility and Excavation Contractor 40.52
Q} Solar Contractor 40.52
ill Pollutant Storage System Contractor 40.52
ill Alarm System Contractor I 40.52
Il Alarm System Contractor II 40.52
~ Electrical Contractor 57.89
ill Specialty Contractor: (Enter local agreement with V olusia County 1-1-2006) -
VOLUSIA COUNTY SPECIALTY LICENSE REQUIRED
ill Carpentry Contractor (frame) 40.52
Q2 Garage Door Installer 40.52
o Hurricane Protection Installer 40.52
ill Landscape Irrigation 40.52
~ Marine Contractor 40.52
fl Masonry Contractor 40.52
g} Pre-fabricated Shed Installer 40.52
h2 Siding, Window and Door Installer 40.52
i2 Sign Contractor (non-electrical) 40.52
g Sub-Contractors: (city licensed)
ill Aluminum Contractors 40.52
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
12
j}
k}
11
ml
ill
ill
l22
ill
Q}
f2
ill
~
t}
ill
h2
il
Asphalt Maintenance
Awning (not hurricane shutters)
Cabinetry
Carpentry (trim)
Dredging
Fence Installers
Flooring Installer
Home Repair (see limitations)
Any occupation that limits itself to cleaning, minor repairs,
replacement, and general maintenance of a nature that does
not entail work concerning the structure of a building
mechanical. electrical. plumbing, gas, heating, ventilation,
air conditioning, roofing, or any other function normally
considered construction. Home maintenance and repair
shall include, but not be limited to: minor repair of the
interior and/or exterior of a dwelling; painting; caulking;
minor repairs to windows and doors; and minor repairs to
mechanical equipment, consisting of the replacement of
simple air filters and the cleaning of interior or exterior
units by washing or compressed air blowing. Minor repairs
to plumbing consisting of the replacement of fixtures
beyond the last manual shutoff valve shall be allowed.
Hot water heater replacement, installation of new lines or
additional fixtures, sewer or septic tank work, or gas piping
shall not be authorized. No structural repairs, new
additions, roofing, or foundation work of any kind is
permitted. Adding, changing, and/or removing refrigerant,
welding, pipe fitting, and duct work is prohibited. No
electrical work except the replacement of lamps and bulbs
is authorized.
House Movers (including Mobile Homes)
(requires state license from DMV)
Insulation Installer
Land Clearing
Landscaping
Painter/Wallpaper
Paving Contractor
Plastering Contractor
Pressure Cleaning
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
13
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
40.52
38)
39)
40)
41)
42)
43)
44)
45)
37)
r.2 Sandblasting
~ Satellite dish installer
12 TV Cable wiring
ill Tile, terrazzo, marble and granite installer
~ Tree cutting and trimming
~ Other
Delivery services:
42. One vehicle
43. Each additional vehicle
Distributors and home party sales
(Avon, Tupperware, Fullerbrush, Amway, etc.)
Entertainment (Bands, orchestras, etc.)
Exterminators, spray service, state license required:
a) One vehicle
b) Each additional truck
Financial:
a) Banks and trust companies
b) Bui Iding and loan associations
c) Finance and discount companies, liquidating
accounts, whether purchased or not
d) Money lenders, except banks or bankers
whose business consists of or including
taking, buying or selling assignments of
wages or commissions earned or to be
earned, etc.
e) Personal finance companies
Fortune tellers, mind readers, gypsies and other
nomadic people (see Sections 11-21 through 11-25)
Funeral chapel
Funeral homes, including embalmer or
undertaker and ambulance, state license required
Furniture packers, moving and/or storage:
a) 1 - 2 trucks
b) Each additional truck
Gas companies, state license required:
a) Distributing through pipe lines, natural
gas (includes one truck);(franchised or
other method devised by City Council)
b) Bottle gas, wholesale merchant
license required
57.89
28.94
11.58
28.94
28.94
86.82
11.58
150.50
150.50
150.50
150.50
150.50
86.82
86.82
115.76
86.82
28.94
115.76
Struck through passages are deleted.
Underlined passages are added.
2008-0-0 I
14
40.52
40.52
40.52
40.52
40.52
40.52
c) Bottle gas, retail merchant license
required 57.89
46) Gas contractors, installing container, piping
(includes one vehicle), state license required
a) Not connected with other business 86.82
b) When connected with other business 57.89
47) Gasoline, fuel oil, and other petroleum products,
resident or nonresident (includes one vehicle):
a) Wholesale 144.70
48) General repairs, permitting to carry stocks or parts
necessary to be used in making repairs in shop hereby
licensed, however, if any portion of such stock is
sold in any manner, a merchant's license is
required.
Machine shop and welding (not working
on automotive) 40.52
Employing including owner and operator
a) Not to exceed 3 employees (assemblage) 40.52
b) Not exceeding 8 employees 57.89
c) More than 8 employees, not exceeding
20 employees 144.70
d) More than 20 employees 219.95
49) Golf:
a) Driving ranges or practice courses 57.89
b) Course
1. 9 holes 86.82
2. 18 holes 144.70
c) Miniature golf 40.52
50) Hazardous materials 28.94
51) Health fitness centers 57.89
52) Hospitals, sanitariums, nursing homes, and
congregate living, operated for profit, state
license required:
a) 1 - 5 beds 40.52
b) 6 - 12 beds 81.04
c) 13 - 20 beds 115.76
d) Each additional bed 5.79
License must be taken out for all beds
whether used or unused
53) Housecleaning and janitorial services (including
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
15
54)
window cleaning domestic help excepted)
Insurance adjustor company:
a) Company with one adjustor
b) Each additional adjustor
Insurance companies (see also Section 11-20,
City Code) for the purpose of taxation,
insurance companies are classified and defined as
follows:
a) Casualty and liability insurance, only
on annual, semi-annual, or quarterly
premium basis and:
1. Bonds, including fidelity, court contracts
and surety bonds and financial guarantees.
2. Burglary insurance, including residences,
bank stock, bonds and securities, safe burglary
and holdup and messenger robbery.
3. Liability insurance, including employers,
public and automobile liability for
personal injury, property damage and
collision.
4. Plate glass insurance.
5. Workman's compensation insurance
issued to employers or labor.
6. Accident and health insurance only
on annual, semi-annual, or quarterly
premium basis.
b) Fire insurance companies, writing policies of
insurance against hazards of fire, tornado and
windstorms, use and occupancy, profits, rent,
leasehold insurance, insurrections, riot and
civil commotion, sprinkler, leakage, rain, fire,
theft, automobile collisions; and marine
cargoes and bills; and rail, mail express
shipments; against fire, collisions, stranding,
sinking.
c) Industrial insurance companies, (including
funeral benefits associations or companies)
writing life and or accident and health,
insurance and funeral benefits on a
weekly, bi-monthly or monthly premium
55)
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
16
40.52
86.82
28.94
56)
57)
58)
59)
60)
d)
paying basis.
Insurance agency, any person who represents
or otherwise acts as agent for an insurance
company as defined and or classified in this
subsection or classification of insurance
companies, or which operates or maintains
an office or place of business in the city
shall be deemed to constitute and operate
an insurance agency. Fees to be paid by the
company, includes representation by each
agent.
1.
2.
3.
40.52
40.52
Casualty and liability companies
Fire insurance companies
Industrial insurance and funeral
benefits association or company
4. Life insurance company
5. Each additional agent
Laboratories, scientific and industrial investigation,
ifnot connected with licensee's manufacturing
enterprises
Lawn service and care:
a) Gardener and/or lawn care
Manufacturers. The following businesses are
classified as manufacturers and each person
engaged in the operation of such business in
the manner described are required to cover
this operation by taking out a manufacturer's
license as follows:
Factory, permitted to manufacture and sell the
products manufactured, employees include
owner and operators actively engaged in such
business.
a) Not to exceed 3 employees (assemblage)
b) Not exceeding 8 employees
c) More than 8 employees, not exceeding
20 employees
d) More than 20 employees
Meat, fish and poultry products, packinghouses
or storage
Merchandise mart (flea market) owner operator:
40.52
40.52
28.94
144.70
28.94
40.52
57.89
144.70
219.95
86.82
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
17
a) Up to 4 spaces
b) 5 - 10 spaces
c) 11 - 20 spaces
d) Each additional
61) Merchants - Retail, provided license shall
permit but one location when average stock
of goods carried is as follows:
a) Stock up to $1,000.00
b) Stock from $1,001.00 to $5,000.00
c) Stock from $5,001.00 to $10,000.00
d) Stock from $10,001.00 to $30,000.00
e) Stock from $30,001.00 to $50,000.00
f) Stock from $50,001.00 to $100,000.00
g) Stock from $100,001.00 and over
62) Merchants - Jobbing wholesaling, provided
license shall permit but one location when
average stock of goods carried is as follows:
a) Stock up to $1,000.00
b) Stock from $1,001.00 to $10,000.00
c) Stock from $10,001.00 to $30,000.00
d) Stock from $30,001.00 to $75,000.00
e) Stock from $75,001.00 and over
63) Museums, historical, for profit (permission and
fees set by Council)
64) Newspaper publisher
65) Parking lots, for profit:
a) 1 to 10 cars
b) 11 to 60 cars
c) 61 to 1 00 cars
d) 101 cars and over
66) Pawnbrokers, not transferable
Each pawnbroker or money broker shall keep
a complete and true record of all transactions
showing from whom the article was taken or
purchased and to whom sold, which shall at
all times be subject to inspection by the police
department to the city, one copy of daily
records being delivered to the police department.
Violations of this subsection shall be punished by
fine or imprisonment. (See Section 11-27 and
86.82
115.76
173.65
11.58
28.94
40.52
57.89
86.82
137.81
173.65
202.59
40.52
57.89
86.82
115.76
156.28
86.82
28.94
86.82
115.76
144.70
173.65
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
18
11-28, City Code.)
67) Printing business
68) Private and social clubs
69) Private schools (religious, institutions exempt)
a) Art color studio
b) Automobile and truck driving
c) Business
d) Cosmetology
e) Dancing
f) Dramatic
g) Flying instructions
h) Kindergarten, nursery, or day care
(state license required)
i) Martial arts
j) Model or charm
k) Music (piano, voice, instruments)
1) Riding school or academy
m) Trade
n) Other
71) Professional
The following professional practitioners are
classed as professional and each person engaged
in the practice of any such profession is required
to cover this practice by taking out a professional
license as follows: (Other county and state license
compliance required if applicable)
a) Accountants, bookkeepers
b) Artists
c) Acupuncturists, state license required
d) Architects
e) Astronomers
f) Attorneys, state license required
g) Auditors, state license required
h) Chemists, state license required
i) Clinic labs, state license required
j) Computer consultant
k) Drafting
1) Dentistry, state license required
m) Embalmers, state license required
n) Engineers, state license required
57.89
57.89
28.94
86.82
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
19
72)
73)
74)
75)
76)
0) Engravers, embossing, lithographs
p) Homeopathic or drugless physicians
q) Income tax, tax consultant
r) Interior decorators, designers
s) Masseur, state license required
t) Medical doctors, state license required
u) Naprapaths, state license required
v) Opticians, state license required
w) Optometrists
x) Osteopathic physicians, state license required
y) Pharmacists (exempt F.S. 205.196), state license required
z) Physicians, state license required
aa) Photographers
bb) Pilot
cc) Podiatrists, state license required
dd) Private instructors
ee) Secretary
ff) Security (must register with police department)
gg) Therapists
hh) Tree surgeons
ii) Veterinarian, state license required
jj) Taxidermist, state license required
kk) Bondsman (state license required):
1. Each agency
2. Each agent
11) All other professions
Real estate or rental agency, state license required:
a) With one person designated as broker
b) Each additional salesperson
(No license issued until state registration
certificate is presented.)
Recording studios
Refuge hauling and recycling, for profit, (by
authority of the City Council fees also determined
by Council)
Rent all (equipment & video)
Restaurant, cafe and other public eating places,
where food is served in connection with or
separate from other business according to
seating capacity:
86.82
28.94
86.82
40.52
28.94
57.89
57.89
Struck tHrough passages are deleted.
Underlined passages are added.
2008-0-01
20
a) 0 to 50 seats also carry out
b) 51 to 100 seats
c) 101 seats and over
d) Caterer service
Health permit certificate required.
57.89
86.82
98.40
40.52
77) Rinks
78) Saw mills
79) Service:
a) Mail order
b) Parcel packing
c) Telephone answering services
d) Telemarketing
e) Housesitting
f) Chimney sweeper
g) Other
80) Shooting galleries
Must be arranged and located as to be entirely
safe and not a nuisance to adjoining property
and approved by the City Council and the Police
Department.
81) Shows, carnivals, parades, concerts (fees set
by Council)
82) Solicitors:
a) For magazines or periodicals (see Section
11-26, City Code);(each solicitor required
to register with the Police Department City Clerk's
Office and receive a registration and identification
card signed by the Police Chief City Clerk)
b) Going from house to house soliciting
business, (each solicitor required to
register with the Police Department City Clerk's
Office and receive a registration and identification
card signed by the Police Chief)
c) Canvassers (see Section 11-26, Edgewater
Code, must get permit from City)
83) Storage warehousing
a) Boat houses or boat yards (keeping or storing)
a) Garage and storage and parking for all
types of vehicles
84) Swimming pools (public)
86.82
86.82
40.52
40.52
40.52
40.52
28.94
28.94
40.52
57.89
28.94
28.94
28.94
86.82
28.94
40.52
40.52
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
21
85) Telegram companies
86) Telephone companies
87) Theaters:
a) Up to 500 seats
b) 501 to 1,000 seats
c) Over 1,001 seats
d) Drive-ins
(If merchandise is sold, merchants license
is required)
88) Trailers or mobile homes parks or camps:
a) 1 to 9 trailer spaces
b) 10 to 20 trailer spaces
c) 21 or more trailer spaces
Sales
89) Transportation:
a) Chauffeurs, taxis, limousines or motor
vehicles for hire (must get permit from
Police Department.):
1. 1 to 5 vehicles
2. 6 to 10 vehicles
3. Each additional vehicle
b) Wrecker service:
1. One vehicle
2. Each additional vehicle
90) Trucking companies (Freight):
a) Each truck
91) Unclassified
92) Utilities
93) Vendors, concession mobile, health permit
required
57.89
57.89
69.46
86.82
115.76
86.82
40.52
57.89
86.82
144.70
57.89
86.82
5.79
40.52
5.79
28.94
57.89
144.70
40.52
Sec. H--9 11-8.
Punishment for violation.
If any person sftaI-I- is in violation of any provision of this chapter said person shall, in
addition to any penalties herein prescribed, upon conviction thereof, be subject to punishment as
provided in section 1-8.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
22
Sees. 11 10 11 19. Resen'ed.
Sec. 11-9.
Certificate of Use required.
ill No person, firm or corporation shall engage in or manage any business,
profession, trade, amusement or industry in the city, without first making application and having
procured a certificate of use for each location or premise. Certificates of use shall not be issued
until a new business inspection is completed at the location or premise and found to comply with
all requirements of the code of the city and all applicable laws and regulations.
Whenever any business, profession, occupation, trade, amusement or industry
shall fall into more than one of the classifications or uses contained in the schedule set forth in
Chapter 11, Article 1, Section 11-8, business tax schedule, such occupation, business, profession,
or privilege shall not be required to obtain more than one certificate of use. Each classification
or use shall be indicated on the certificate of use as appropriate.
Q} Prior to the issuance of a home occupation certificate of use, an applicant shall be
required to sign an affidavit stating compliance with all matters as may be required by the Land
Development Code. Any action contrary to the terms of such affidavit shall be subject to
enforcement against the violator in the manner provided by Florida Statute ~ 162 or ~ 166.0415,
Article X et. seq of the City Code and all other available legal and judicial remedies.
fl Anyone other than a property owner making application for a certificate of use
must provide a notarized property owner affidavit. The property owner affidavit makes the
property owner aware that their tenant is applying for a business tax receipt and certificate of
use. This affidavit states that the property owner is aware that if the tenant, for any reason, is
found to be in non-compliance with any City of Edgewater codes, ordinances or laws relating to
the tenant's business that they, as the property owner, will be held responsible for any code
enforcement action that may be necessary.
ill In order to obtain a certificate of use, an original fee shall be paid for the purpose
of defraying the costs of all original new business inspections and/or department approvals. An
annual renewal fee shall be paid to defray the costs of maintenance of the certificate of use.
~ As of the effective date of this article, all existing paid home occupations or
mobile occupations, businesses, professions or privileges shall be considered to have an active
certificate of use and shall not be subject to the original fee however: they will be subject to the
annual renewal fee.
f! The city shall have the right to request reasonable records from any paid business
for purposes of ensuring and confirming continued compliance with representations made to the
city when such business applied to the city for land use or zoning approval.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
23
Sec. 11-10.
Definitions.
For the purpose of this article, the following terms, phrases, words and their derivations shall
have the meanings given herein:
Business shall mean all kinds of vocations, occupations, professions, enterprises,
establishments, and all kinds of activities and matters, together with all devices, machines,
vehicles and appurtenances used therein, any of which are conducted for private profit or benefit,
either directly or indirectly. It shall not include the customary religious, charitable or educational
activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in the
city, which institutions are more particularly defined as follows:
~ ReliJdous institutiOIlS shall mean churches and ecclesiastical or denominational
organizations, or established physical places for worship in this city at which nonprofit religious
services and activities are regularly conducted and carried on, and shall also mean church
cemeteries.
Q} Educational institutions shall mean state tax supported or parochial, church and
nonprofit private schools, colleges or universities conducting regular classes and courses of study
required for accreditation by or membership in the southern association of colleges and
secondary schools, department of education or the Florida Council of Independent Schools.
Nonprofit libraries, art galleries and museums open to the public are defined as educational
institutions and eligible for exemption.
Certificate of use shall mean the method by which the city grants approval for any
business to occupy any office building, industrial or commercial building, apartment building or
hotel, upon inspection of the premises and proof of compliance with all requirements of the Code
of the City of Edgewater and all applicable laws and regulations. The term "business" shall
include, for purposes of certificate of use only, any nonprofit religious, nonprofit charitable and
nonprofit education institution.
City busilless tax receipt shall mean the tax paid to the city for the privilege of engaging
in or managing any business, profession or occupation within its iurisdiction. It shall not mean
any fees or taxes paid to any board, commission or officer for permits, registration, examination
or inspection or any fees which are of a regulatory nature which shall be in addition to and not in
lieu of any city business tax imposed under the provisions of this article.
Classification shall mean the method by which a business or group of businesses are
identified.
Home occupatioll shall mean a business or occupation conducted entirely within a
dwelling unit providing such business or occupation meets the provisions of Article III, Section
21-34.01 of the City of Edgewater Land Development.
Mobile occupatioll shall mean a business, occupation or trade where the physical
location is a residential dwelling unit, used only for office purposes and whereby the actual
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
24
business operation is performed someplace other than the dwelling unit providing such mobile
business or occupation meets the provisions of Article III, Section 21-34.01 of the City of
Edgewater Land Development Code.
New business inspection shall mean the inspection made at the commerciallocation(s) or
premises in which a business, profession, occupation, trade, amusement or industry is conducted.
The inspection is to ensure compliance with all zoning regulations, Life Safety Code
requirements, proper tenant separations, and all applicable city, county and state regulations.
Person shall mean any individual, firm, partnership, ioint adventure, syndicate or other
group or combination acting as a unit, association, corporation, estate, trust, business trust,
trustee, executor, administrator. receiver or other fiduciary and shall include the plural as well as
the singular; or any officers. agents, employees. factors. or any kind of personal representatives if
any thereof. in any capacity, acting either for himself. or for any other person. under either
personal appointment or pursuant to law.
Premises shall mean all lands, structures, places. and also the equipment and
appurtenances connected or used therewith. in any business. and also any personal property
which is either affixed to. or is otherwise used in connection with any such business conducted
on such premises.
Professional shall mean any person engaged in the practice of any profession, business or
occupation regulated by law and requiring a tax issued by the state. However. "professional"
shall not include those persons who are required to obtain a tax under a regulatory statute, but are
prohibited from engaging in a profession, business or occupation unless under the direct
supervision of another person. A professional taxed shall not relieve the person paving the tax
from the payment of any business tax imposed on any business operated by him or her.
Taxed or taxes shall include respectively the words "permit" or "permittee" or the holder
for any use or period of time of any similar privilege, wherever relevant to any provision of this
article or other law or ordinance.
Taxin!! authoritv shall mean that person designated by the City Manager.
Taxpaver shall mean any person liable for taxes imposed under the provisions of this
article, any agent required to file and pay any taxes imposed hereunder, and the heirs. successors,
assignees and transferees of any such person or agent.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
25
Sec. 11-11. Terms of certificate of use.
ill No certificate of use shall be issued for more than one year, and all certificates
shall be issued by the City Manager or his/her designee, upon payment of the required fee,
beginning July 1 of each year and shall be due and payable on or before September 30th of each
year. Certificates shall expire on September 30th of each succeeding year. In the event that
September 30th falls on a weekend or holiday, the fee shall be due and payable on or before the
first working day following September 30th.
Ql The certificate of use for commercial locations may be transferred to a new owner
where there is a bona fide sale of the business with no additional fee. Evidence of the sale and
the original certificate of use must be submitted. If the sale of the business involves a change of
business name, classification or use, a new certificate of use shall be required.
~ If a business is moved from one location to another properly zoned location in this
city, a new certificate of use shall be required. No certificate of use shall be issued for
commercial locations until a new business inspection is completed at the commercial location or
premises and the location or premises is found to comply with all requirements of the City of
Edgewater Code of Ordinances, Land Development Code and all applicable laws and
regulations.
Sec.11-11.1. Evidence of en1!a1!in1! in business~ responsibility of a1!ent~ separate business
tax for each location~ approval of uses~ separate business tax for each
company.
12 Evidence of enf!af!ing in business. The fact that a person represents himself as being
engaged in any business for which a business tax and cCl1iticate of use is required for the
transaction of business or the practice of a profession shall be evidence of the liability of such
person to pay a business tax and certificate of use fee, regardless of whether such person actually
transacts any business or practices a profession. Soliciting business, displaying a sign or
advertising, which indicates the conduct of a business or profession at a given location,
advertising a business or profession in the classified section of the telephone directory or city
directory or other media shall be sufficient evidence that such person is holding himself out to
the public as being engaged in a business or profession.
II One act constitutes doinf! business. For the purpose of this article, any person shall be
deemed to be in business and thus subiect to the requirements of this chapter, when he does one
(1 ) act of:
ill Selling any goods or service:
Ql Soliciting business or offering goods or services for sale or hire.
1) Af!ents resoonsible for obtaininf! business tax. The agents or other representatives of
nonresidents who are doing business in this city shall be personally responsible for compliance
with this article by their principals and of the businesses they represent.
1} Each location to have seoarate business tax. If any person operates any business at more
Struclc through passages are deleted.
Underlined passages are added.
2008-0-01
26
than one (1) location, each location shall be considered a separate business and a separate
business tax is required unless otherwise provided for herein.
2 Approval of uses. All activities and uses included within the operation of the business
shall be approved uses in accordance with all applicable codes.
Ql Separate business tax for each companv. A company shall include each corporation
and/or fictitious name being used for the operation of that business.
Sec. 11-11.2. Administrative Fees: reprint. reinstatement. duplicate fees.
Due to additional services provided by the Gcity departments relating to the issuance of
certificates of use, the Gcity shall administer the following administrative fees in an amount
stipulated below:
ill Reprint fee. Any business/person who holds a business tax receipt and/or
certificate of use and who requests an additional copy of the business tax receipt or certificate of
use shall be charged a $7.00 reprint fee.
Q} Reinstatement fee. Any business/person who holds a certificate of use that
results in an expiration, revocation or suspension shall be charged a $35.00 administrative fee for
the reinstatement of the certificate of use in addition to all required annual fees and other
delinquency charges.
Sec. 11-11.3. Duties of Iicensin2 authority.
l} The licensing authority shall collect all business taxes and shall issue certificates of use
and business tax receipts in the name of the city to all persons qualified under the provisions of
this article and shall:
ill Promulgate and enforce all reasonable rules and regulations necessary to the
operation and enforcement of this article, with the approval of the city council.
Q} Adopt all forms and prescribe the information to be given therein as to character
and other relevant matters for all necessary papers.
~ Require applicants to submit all affidavits and oaths necessary to the
administration of this article.
Q} Submit all applications, in a proper case, to interested city officials for their
endorsements thereon as to compliance by the applicant with all city regulations which they have
the duty of enforcing.
~ Investigate and determine the eligibility of any applicant for a certificate of use
and business tax receipt as prescribed herein.
.D. Notify any applicant of the acceptance or reiection of his application and, upon
his refusal of any certificate of use and business tax receipt or permit, at the applicant's request,
state in writing the reasons therefore and deliver them to the applicant.
n The licensing authority shall perform all functions designated by the Director of
Development Services to ensure enforcement and carry out the provisions of this article.
Strucl( through passages are deleted.
Underlined passages are added.
2008-0-01
27
Sec. 11-11.4. Du ties of tax payers.
II General standard of conduct. Every tax payer under this article shall:
ill. Permit all reasonable inspections of his business by public authorities so
authorized by law.
Q} Ascertain and at all times comply with all laws and regulations applicable to such
taxed business.
91 Refrain from operating the taxed businesses on premises after expiration of his
business tax receipt and during the period his certificate of use is revoked or suspended.
n DisTJlav of tax and insi$mia. Every tax payer under this article shall:
ill. Post and maintain such certificate of use and tax upon the taxed premises in a
place where it may be seen at all times.
Q} Carry such business tax receipt on his person when he has no taxed business
premises.
91 Not allow any certificate of use, business tax receipt, special permit or insignia to
remain posted, or displayed or used, after the period for which it was issued has expired: or when
it has been suspended or revoked: or for any other reason has become ineffective. The tax payer
shall promptly return such inoperative certificate of use, business tax receipt, special permit or
insignia to the Development Services Director.
ill. Not loan, sell, give or assign to any other person or allow any other person to use
or display or to destroy, damage or remove, or to have in his possession, except as authorized by
the Development Services Director or by law any certificate of use, business tax receipt or
insignia which has been issued to the tax payer.
Sec. 11-11.5. How tax construed as to professions.
The tax provided by this article for professionals shall be construed to mean that each individual
shall pay the tax herein provided, whether practicing by himself or in partnership or employed by
another.
Sec. 11-11.6. Scope of tax; tax obtained by false statements void ab initio.
II No business tax receipt issued under the provisions of this article shall protect any person
from prosecution for transacting any business not covered by such tax.
n Any business tax receipt issued upon any false statement made under oath shall be
considered as viod ab initio and shall not protect the holder thereof from prosecution for
transacting business without a tax.
Sec. 11-11.7. Separate violations.
Each day or part of a day that any provision of this article is violated shall constitute a separate
and distinct offense for which such person or his agents, servants or employees may be
prosecuted.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
28
Sec. 11-12. Enforcement - Certificate of use.
D The licensing authority and such other personnel of the city as shall be designated by the
City Manager shall conduct such investigations and inspections as shall be necessary to the
enforcement of this article.
~ No business shall OCCUPy any office building, industrial or commercial building,
apartment building or hotel until a certificate of use is issued by the City. Certificates of use
sflalt mav not be issued until the premises have been inspected and found to comply with all
requirements of the Code of the city.
Q} At time of application for a certificate of use, a fee shall be paid for all new
businesses, change of address, and changes of use, as specified in the City of Edgewater
Business Tax Schedule. In addition, fees shall be paid to defray the cost of any required
inspection(s) and re-inspections as specified in the City of Edgewater Business Tax Schedule.
+He actuul cost of the certificate of use is specified in the City of Edgev.ater
Business Tax Schedule and shall be paid prior to issuance of the ce11ificate.
.0 The licensing authority shall either revoke or temporarily suspend the certificate
of use of any owner/applicant where it is determined by the licensing authority that:
.L The owner/applicant has misrepresented or failed to disclose material
information required by this chapter to be included in the certificate of use application form; or
2. The owner/applicant, as part of the owner/applicant's business activity
within the City of Edgewater, is engaged in conduct which is an actual threat to the public health,
welfare or safety; or
~ The owner/applicant is conducting business from premises which do not
possess a valid and current business tax receipt and/or certificate of use as may be required by
city or county laws; or
4. Habitual conduct has occurred at the owner/applicant's premises which
violates city, county or state law; or
~ The certificate of use issued by the city depended upon the
owner/applicant's compliance with specific provisions of federal, state, City or Volusia County
law and the owner/applicant has violated such specific provision of law; or
6. The owner/applicant has violated any provision of this chapter and has
failed or refused to cease or correct the violation after notification thereof; or
L The premises have been condemned by the local health authority for
failure to meet sanitation standards or the premises have been condemned by the local authority
because the premises are unsafe or unfit for human habitation.
The suspension or revocation shall be of the certificate of use in effect at the date of such
suspension or revocation, even though it may have been issued and an owner/applicant other
than the person who held the certificate of use at the time the cause for such suspension or
revocation arose.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
29
No certificate of use shall be suspended under this section for a period of more than twelve (12)
months. No new certificate of use shall be issued to the owner/applicant. or to any other firm in
which the owner/applicant or any of its stockholders is interested, for any premise during the
term of such suspension or revocation. At the end of such period of suspension or revocation,
the owner/applicant may apply for a new certificate of use.
g} A suspension not exceeding six (6) months shall be imposed in cases where the
owner/applicant's violation is shown to be inadvertent and can be promptly corrected by the
owner/applicant; a revocation of the certificate of use shall be imposed in all other cases.
~ If the licensing authority believes that an owner/applicant has engaged or is
engaged in conduct warranting the suspension or revocation of a certificate of use, he shall serve
the owner/applicant by certified mail or hand delivery at his business address, a written notice to
the owner/applicant of facts or conduct which warrant the intended action. The notice shall state
what is required to be done to eliminate the violation if any.
.0 If an owner/applicant or permittee fails to comply with any notice issued as
provided above, the licensing authority may issue an order in "witing to be owner/applicant. by
cel1ified mail, notit\ing him to lllJPear before the Code Enforcement Board in accordance with
~n 21 121 of the Land Development Code for the--Gity of Edgewater cause to have a notice
of violation issued and provide a reasonable time for correction. If not corrected within noticed
time, a citation will be issued. Violator may correct the violation and satisfy the fine or request a
hearing before the Citizen Code Enforcement Board. In the event an owner/applicant fails to
comply with the rulings of the Code Enforcement Board, the licensing authority may order the
closing of the offending business and enforce the order by action of the Edgewater Police
Department. contracted services or other city forces. The cost of the enforcement action shall be
placed as a lien against the owner/applicant's real and personal property.
Il All persons authorized herein to inspect businesses shall have the authority to enter, with
or without warrant, at all reasonable times, the following premises:
~ Those for which a certificate of use is required.
Q} Those for which a certificate of use was issued and which, at the time of
inspection, are operating under such certificate of use;
~ Those for which the certificate of use has been revoked or suspended.
Jl Persons inspecting businesses or premises, as herein authorized, shall report all violations
of this article or of other laws or ordinances to the licensing authority and shall submit such other
reports as the licensing authority shall order.
Sec. 11-13. Delinquent certificate of use: failure to obtain: penalty.
Any person who violates the provisions of this article or otherwise fails to obtain or allows to
expire the certificate of use as required by this article shall be subiect to prosecution in the
manner provided by Florida Statutes, Chapter 162 or 166.0415, and upon conviction, such
person shall be subiect to a fine, imprisonment, or both.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
30
Sec. 11-14. Other certificates, taxes and rel!ulations to be in addition to certificate of use.
The provisions of this article are cumulative and in addition to all other state, county and city
laws which require certificates, taxes or permits, or provide for the collection of certificate,
business tax receipt and permit fees, and other charges: and no certificate of use issued hereunder
shall exempt the certificate of use holder from any other certificate, taxed, permit. fee or tax
required by law, or compliance with all applicable ordinances, rules and laws.
Sec. 11-15. Schedule of certificate of use fees.
Certificate of use fees are as follows:
Original certificate of use:
Residential:
Commercial:
$31.50
$52.50
Certificate of use renewal:
Residential:
Commercial:
$20.00
$31.50
Sec. 11-16. Suspension or revocation of certificate of use.
ill. A certificate of use may be suspended or revoked by the City on the following grounds:
.1. The owner/applicant has misrepresented or omitted material facts or information
on the certificate of use application: or
2. The owner/applicant. as part of the owner/applicant's business activity, has
violated City, county, or state laws for the protection of public health, safety or welfare, and it is
determined by the Gcity that the continuation of the business activity would be detrimental to the
public health, safety or welfare: or
~ The certificate of use issued depended upon the owner/applicant's compliance
with specific provisions of Gcity, county or state laws and the owner/applicant has violated such
specific provisions of law: or
4. The owner/applicant has violated any provision of this article and has failed or
refused to cease the violation thereof: or
~ The premises has been condemned by the local health authority for failure to meet
sanitation standards or the premises has been condemned by local authority because the premises
is unsafe or unfit for human habitation: or
~ The owner/applicant has been convicted of a crime involving moral turpitude, and
such crime was committed within the course of a business activity regulated bv this article.
L The owner/applicant fails to supply to the Gcity the reasonable records requested
by the Gcity for purposes of ensuring and confirming continued compliance with representations
made to the Gcity when such business applied to the Gcity for land use or zoning approval.
b. Prior to the suspension or revocation of a certificate of use under this section, the city
shall notify the owner/applicant of the grounds for such suspension or revocation, and the right
Struelc through passages are deleted.
Underlined passages are added.
2008-0-01
31
of such owner/applicant to request a hearing. Further, procedures for notices and hearings may
be prescribed by the city by resolution, under authority of this article.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect as of August 1, 2008.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
32
PART G.
ADOPTION.
During the July 28,2008 City Council meeting, with a motion by Councilwoman Rhodes
and second by Councilman Cooper, Council voted to continue this ordinance until the August 18,
2008 meeting.
During the August 18, 2008 City Council meeting, Council determined to include all
modifications relating to business taxes, but not to increase rates. After Motion to approve by
Councilwoman Bennington and Second by Councilwoman Rogers, the vote on the first reading
of this ordinance held on August 18, 2008, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
----X-
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
33
After Motion to approve by CDI1flQI\lllOM(l(\ ~(\o,'~~and Second byCC!HII'llllJorY'llf1 ~~r'("s ,
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Councilwoman Debra J. Rogers
';(
y
X
Mayor Mike Thomas
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Absent
Councilman Ted Cooper
~
PASSED AND DULY ADOPTED this 8th day of September, 2008.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLO
,.,.....,.:..... '
1:-"".)'
~l0-o~Q
Bonnie W:enzel . ~r-
,...... '6j, }I
City CIer~:
By:
.
...
C'
'"'
."
.. ~~
I( ~ ..-- _.'. ." ~
~~A^':Y~10
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day
of September, 2008 under Agenda Item No.
1L-.
Struck through passages are deleted.
Underlined passages are added.
2008-0-01
34