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44ORDINANCE NO. 44 AN ORDINANCE REQUIRING LICENSES FOR THE OPERATION OF, CARRYING ON OR CONDUCTING OF ANY BUSINESS, PRO- FESSION OR OCCUPATION IN THE TOWN OF EDGEWATER, VOL- USIA COUNTY, FLORIDA, PRESCRIBING THE LICENSES AND FEES TO BE PAID THEREFOR, AND THE POWERS AND DUTIES Or THE TOWN AUDITOR AND CLERK IN CONNECTION THEREWITH AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. 3�, BE IT ORDAI.PED BY THE TOWN COUNCIL OF THE TOWN OF EDGEWATER, VOLUSIA COUNTY, FLORIDA: SECTION 1. That it shall be unlawful for any per- son, firm, corporation, association or co -partnership, whether foreign or domestic, to operate, maintain, engage in, manage, carry on or conduct any business, profession, occupation or calling hereinafter mentioned or generally described, without first procuring a town license therefor from the Town auditor and clerk and having paid the amount hereinafter provided in the Town of Edgewater, Volusia County,Florida. SECTION 2. That any person, firm, corporation, as- sociation or co -partnership desiring to engage in, man- age, carry on or conduct any business, profession, oc- cupation or calling in the said Town of Edgewater shall apply to the Town Auditor and Clerk of the said town for a license so to do. The applications for licenses shall be made on a form which shall be prescribed and furnished by the Town Auditor and Clerk and shall set forth the name of t he owner, manager, trustee, lessee, receiver or other person desiring such license and the name of such business or profession, the location, in- cluding the street number of such business or office, and the actual value of the store, of goods, wares, merchandise and commodities for which sales are to be made, including all goods, wares and merchandise and commodities and owned by the applicant and held in storage to be sold in or through such store or bus- iness and such other facts as the, may re- quire. Application shall be made under oath and each such application shall be accompanied by a filing fee of twenty-five ($.25) cents and by a license fee as hereinafter prescribed in the Ordinance. SECTION 3. As soon as practicable after the re- ceipt of such application the Town Auditor and Clerk shall examine such application to ascertain whether it is in proper form and contains the necessary, req- uisite information. If, upon examination, the city Auditor and Clerk shall find that such application is not in proper form and does not contain the necessary, requisite information he shall return such application for correction. If the application is found to be sat- isfactory and if the filing and license fees, as here- in prescribed, shall have been paid, the Town Auditor i and Clerk shall deliver to the applicant a license for such business or profession for which application for a license shall have been paid. Each licence shall die - play the license so issued in a conspicuous place in the business or profession for which such license is issued. 44 SECTION 4. All licenses shall be issued so as to expire on the thirtieth of September of each calendar year, on or before the first day of October of each year, ' every person, firm, corporation, association or co-part- L' nership having a license shall apply to the Town Auditor and Clerk for a new license for the twelve calendar months next ensuing. All applications for renewal licensee shall be made on forme which shall be prescribed and furnished by the Town Auditor and Clerk. No license shall lapse prior to the 31st day of October of the year next follow- ing the year such license was issued and if by such 31st day of October application for renewal of license has not been filed the town Auditor and Clerk shall n6tify such delinquent license holder thereof, by registered mail, and if application is not made for renewal license on or before the tenth day of November next ensuing the Town Auditor and Clerk, as the case may be, must collect,in addition to the license fee hereinafter provided, twenty- five per cent of the license tax provided in this Ordinance, before issuing the license. The continuation of the bus- inees, after the expiration of the time limited in the previous license shall constitute a binding agreement on the licensee to pay such penalty, if such application for a renewal license shall be accompanied by a filing fee of twenty five cents and by the license fee as pre- scribed herein, provided, however, that the license may be issued for a six (6) months period,for one half of the license fee,in the event that the business or profess- ion requiring a license is operfJJfor business on or after 6 4 QI SECTION 5. That it shall be the duty of the Town Auditor and Clerk, before issuing a license based on property valuation, amount of capital stock, capa- city of production or other contingency, to require any party applying for said license to file, under oath, duly authenticated, a statement of the value of the property or amount of the capital stock, capa- city of production or the business or profession for which the licenses shall be issued, or other contin- gency. The Town Auditor and Clerk may administer the said oath as required herein. SECTION 6. Every person, firm, corporation, as- sociation or co -partnership, operating, establishing or maintaining a store or mercantile establishment, fruit stand, filling station and/or other business, and practicing a profession, shall pay the license fee here- inafter prescribed for the privilege of opening, estab- lishing, operating or maintaining such stores or mer- cantile establlshryent and/or other business or profess- ion. The license fee herein prescribed shall be annually paid and shall be in addition to the filing fee of twenty- five cents as.hereinbefore set forth in this Ordinance. The license fees herein prescribed shall be as follows: Amusement park or other amusement place with merry-go- rounds, roller coasters and other devices usually found therein and nctt otherwise herein specified, per day - - - - - - - - - - - - - - - - - - - - - - - $15.00 Auctioneers, per day, - - - - - - - - - - - - 5.00 Automobile repair shops- - - - - - - - - - - - -$5.00 Bill boards, 100 sq. feet or less, - - - - - - 5.00 and for each 100 sq. feet or a fraction thereof addition perpoard-------- - - - - -- - 1.00 Billiard or Bool tables kept for public use, up to and including three tables, - 25.00 all over three tables,i'"each�.aL,i[64- - 5.00 Boarding houses and hotel accommodating roomers and lodgers, having over five sleeping rooms and less than ton - - - - - - ----- -- - --- 5.00 Same, for ten to twenty-five- - - - - - - - - -10.00 Same, for twenty-five or over sleeping rooms- -26.00 Carnivals, per day,- - - - - - - - - - - - - - 25.00 Dance -halls or eating places where there is a cover eharge and dancing is permitted - - - - - 25.00 Dealers in gasoline or illuminating or lubricat- ing oils, at retail- - - - - - - - - - - - - - 2.50 Dealers in same, at whole sale- - - - - - - - 25.00 Dealers in junk, either direct or by agent- - 10.00 Fruit or vegetable stands, retail, not licensed as merchant, where the dealer does not grow his own fruit - - - - - -------- - - - - -- 2.50 (Where farmer or grower sells fruit from own grove or farm there shall be no license fee) Peddlers, travelkng dealersT whe shall bargain to sell any goods, wares or merchandise by sample or in any other manner for present or future del- ivery to any person whomsoever, for himself or agent following after to deliver and collect, same shall be deemed a peddler under this section and shall pay a license tax of - - - - - - - - -25.00 provided, however, this tax shall not apply to drummers and salesmen employed by wholesale dealers or manufacturers selling to local li- cense dealers the goods of their principles, newepoys, deliverers of ice and deliverers of kerosene who deliver keresenn exclusively, pro- vided, however, that this shall not exempt sell - ere of kerosene where they deliver lubricating 8ls- - - elcd C-�w.•-`; Res our%rsAF o "'-Zu-""='L-'' -tom' a ."-`" _ - - 2.50 SECTION 8. The term "store" shall be construed to mean. and include any store or stores or any mercan- tile establishment or establishments which axe owned , maintained, operated or controlled by any person, firm, co -partnership or association, either domestic or vol- untary, in which goods or merchandise of any kind are sold, retail, provided, however, the term „store$' shall not include filling stations engaged in the sale of gasoline or other petroleum products. 9EOTION 9. Any person, firm, partnerehip�Ico- T partnership or association who shall violate any of the provisions of this act shall be deemed guilty of a mis- demeanor and, upon conviction, thereof, be punished by fine lot exceeding twetty-five dollars and costs or by imprisonment not exceeding thirty days or by both fine and imprisonment in the discretion of the Court. The Mayo shall have the authority to refuse the issuance of such license or licenses and may, at his discretion, revoke any such license or licenses and may order the refund of any part or all of the moneys paid for such li- censes when the same is revoked, and any person conduct- ing any such business after such action by the Mayor shall be liable to penalty or penalties as specified herein. SECTION 10. All laws, or parts or laws, in con- flict herewith are hereby repealed. OR I l SECTION 11. This ordinance shall take effect upon being Passed by the Town Council, approved by the Mayor, or upon becoming a law without such approval, after having Veen posted for two days at the V. I. A. Hall and in two other public places in the Town of Edgewater, Volusia County, Florida. Mayor —Councilman 7�— &zfGf%��.. Councilman ryncilman ATTEST: town ud or an C erk. .Approved by me thisp'>.G at_ day of March, A.D., 1933 67 /1' . Mayor -Councilman of the Town of Edgewater, Eolusia County, Florida.