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45ORDINANCE NO. 45 i 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 OF THE TOWN AUDITOR AND CLERK IN CONNECTION THEREWITH AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF EDGE - WATER, 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 there- for from the Towh 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, association 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 the owner, manager, trustee, lessee, receiver or other person desiring such license and the name of such business or profession, the location, including the street number of such business or office, and the actual value of the store, of goods, wares, merchandise and commodities for which sales 4 are to be made, including all goods, wares and merchand- ise and commodities owned by the applicant and held in storage to be sold in or through such store or business and such other facts as the Town Auditor and Clerk may require. Application shall be made under oath and each such application shall be accompanied by a filing fee of twenty - five (250) cents and by a license fee as here- inafter prescribed in the Ordinance. V SECTION 3. As soon as practicable afterthe receipt of such application the Town Auditor and Clerk shall examine in such application to ascertain whether it is/proper form and contains the necess��arr��y, requisite information, If, upon examination, the T� Auditor and Clerk shall find that such application is not in proper form and does not contain the necessary, requisite information he shall re- turn such application for correction. If the application is found to be satisfactory and if the filing and license fees, as herein prescribed, shall have been paid, the Town Auditor and, Clerk shall deliver to the applicant a license for such business or profession for which appli- cation for a license shall have been paid. Each license shall display the license so issued in a conspicuous place in the business or profession for which such license is issued. 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 -partnership having a license shall apply to the Town Auditor and Clerk for a new license for the twelve calendar months next en- 14 5 suing. All applications for renewal licenses shall be made on forms 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 following the year such license was issued and if by such 31st day of October apolication for renewal of license has not been filed the Town Auditor and Clerk shall notify such delin- quent license holder thereof, by registered mail, and if application is not made for renewal license on or before the tenth day of November rext 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 is- suing the license. The continuation of the business, af- ter the expiration of the time limited in the previous li- cense 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 prescribed herein, provided, however, that the license may be issued for a six (6) months period, for one halt of the license fee, in the event that the business or profession requiring allicense is opened for business on or after the first day of April of the said year. SECTION 5. That it shall be the duty of the Town Auditor and Clerk, before issuing a license based on property val- uation, amount of capital stock, capacity of production or other contingency, to require any pasty applying for qS said license to file, under oath, duly authenticated, a statement of the value of the property or amount of the capital stock, capacity of production or the business r or profession for which the licenses shall be rssued, or other contingency. The Town Auditor and Clerk may ad- minister the said oathas required herein. I/ v �✓ -,SECTION 6. Every person,firm, corporation, association or co -partnership, operating, establishing or maintaining S� a store or mercantile establishment, fruit stand, filling station and/or other business, and practicing profession, shall pay the license fee hereinafter prescribed for the privilege of opening, establishing, operating or maintain- ing such stores or mercantile establishment and/or other business or profession. The license fee herein provided shall be annually paid and shall be in addition to the fil- ing fee of twenty-five cents as hereinbefore set forth in this Ordinance. The license fees herein prescribed shall be as follows; Amusementpark or other amusement place with merry- go-rounds, roller coasters and other devices usually found therein and not 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 ad- dition per board - - - - - ------- - - - - -- 1.00 Billiard or Pool tables kept for public use, up to and including three tables- - - - - - - - - - - - - - - 25.00 All over tree tables for each additional table- - - 1.00 Boarding houses and hotel accommodating roomers and lodgers, having over five sleeping rooms and less than ten - - --- - - - - - - - - - - - - - - 0 5.00 Same, for ten to twenty-five- - - - - - - - - - - 10.00 Same, for twenty five or over sleeping rooms - - 25.00 ,Carnivals, per day - - - - - - - - - -- - - - -- 25.00 C Dance halls or eating places where there is a cover charge and dancing is permitted- - - - - - - - - 25.00 Dealers in gasoline or illumintLting or lubricat- ingoils, at retail - - - - - -.- - - - - - - -- 2.50 Dealers in same, at wholesale- - - - - - - - - 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 grown his Own fruit- - - -, - - - - - - - - - - - - - - - - - 2.50 (where farmer or grower sells fruit from own grove or farm there shall be no license fee) Peddlers, traveling dealers, who shall bargain to sell any goods, wares or merchandise by sample or other - manner for the present or future delivery, 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 twenty-five - - - - - - - -- - - - - - -- 25.00 provided, however, this license tax shall not apply to drummers and salesmen employed by wholesale dealers or manufacturers selling to local license dealers the goods of their principles nor to news- boys, nor to dealers of ice, nor to dealers of dairy products, nor to the dealers of water for drinking purposes or otherwise and same shnii not apply to retail dealers of gasoline or lubricating or Mum- inating oils as such gasoline or lubricating or ill- uminating oil dealer shall pay the license fee as a retail dealer . Restaurant or lunch room- - - - - - - - - - - - - 2.50 i Stores --- ------------------- Any other b,zsiness or occupation not mentioned herein -------------- r1..00 p/ SECTION 8. The term "store„ shall be construed to mean and include any store or stores or any mercantile establishment or establishments which are owned, maintained, operated or controlled by any person, firm, co -partnership or association, either domestic- or voluntary, in which goods or merchandise of any kind are Bold, retail, provi- 4S ded, however, the term "store" shall not include filling stations engaged in the sale of gasoline or other petro- leum products. SECTION 9. Any person, firm, partnership, cor- poration, co -partnership or association who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction, thereof, be pun- ished by fine not exceeding twenty-five dollars and costs or by imprisonment not exceeding thirty days or by both fine and imprisonment in the discretion of the Court. The Mayor shall have the authority to refuse the issuance of such license or licenses and may, at his discretion, re- voke any such license or licenses and may order the re- fund of any hart or all of the moneys paid for such li- censes when the same is revoled, and any person conduct- ing any such business after such action by the Mayor shall be liable to penalty or penalties as specified herein. ✓ L._� SECTION 10. All laws, or parts of laws, in con- flict herewith are heresy revealed. SECTION 11. This ordinance shall take effect upon being passed by the Town Council, apnroved by the Nayor, or upon becoming a law without such approval, after having been 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 Councilman ATTEST: Town auditor and clerk. Approved by me this 1r5' day of i'Yl&uAr ` , A.D. Fv" Mayor—Councilman of the Town of Edgewater, Volusia County Florida.