2015-O-13 ORDINANCE NO. 2015-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I
(IN GENERAL) AND ARTICLE II (MISCELLANEOUS
TAXES AND REGULATIONS); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 11 (Business Tax Receipts and Business Regulations) has not been
modified since September 2013.
2. Staff has recommended the changes herein to bring Chapter 11 (Business Tax
Receipts and Business Regulations), Article I (In General) and Article II (Miscellaneous Taxes
and Regulations)consistent with current codes.
NOW, THEREFORE, BE IT ENACTED by the People of the city of
Edgewater, Florida:
PART A. AMENDING CHAPTER 11 (BUSINESS TAX RECEIPTS
AND BUSINESS REGULATIONS), ARTICLE I (IN
GENERAL) AND ARTICLE II (MISCELLANEOUS TAXES
AND REGULATIONS) OF THE CODE OF ORDINANCES
FOR THE CITY OF EDGEWATER,FLORIDA.
Chapter 11 (Business Tax Receipts and Business Regulations), Code of
Ordinances, City of Edgewater, Florida is hereby modified as set forth in Exhibit
"A",which is attached hereto and incorporated herein.
PART B. 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ordinance,are hereby superseded by this ordinance to the extent of such conflict.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 C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
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#2015-0-13
PART D. 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 B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power and Second by Councilwoman
Bennington with the suggested amendments "(41) Fortune tellers; and mind readers- and
other nomadic people", the vote on first reading of this ordinance which was held on September
14, 2015 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by eauvitoomm and Second by l , the
vote on second reading/public hearing of this ordinance which was held on September 28, 2015
was as follows:
AYE NAY
Mayor Mike Ignasiak �(
Councilwoman Christine Power __X
Councilwoman Gigi Bennington X
Councilman Dan Blazi _
Councilman Gary Conroy X
PASSED AND DULY ADOPTED this 28th day of September,2015
ATTEST: CITY COUNCIL OF THE
CITY 0 EDGEWATE ' FLORIDA
By: 44P' Cir 4
Bonnie Brown Mike Ignasiak
City Clerk Mayor
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Robi L. Matusick
Paralegal
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For the use and reliance only by the City of Edgewater, I Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on
Aaron R.Wolfe,Esquire this 128th day of September, 2015 under Agenda Item
City Attorney #8 CI .
Doran,Sims,Wolfe&Ciocchetti
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EXHIBIT"A"
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#2015-0-13
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Chapter 11- BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS
ARTICLE 1 - IN-GENERAL •
•
•
Sec. 114.-Persons subject to tax.
A business tax for the privilege of engaging in or managing any ousiness. 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. .
•
(2) Any person who maintains a permanent business location or branch office within the city. forte
privilege of engaging in or managing any profession or occupation within the city.
(3) Any person who does not qualify under the provisions of[subsections] ;1) or(2) above and who
transacts any business commerce where such business tax if not prohibited by the United
States Constitution.
Sec. 11-2. - 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 business tax receipt to do so, which receipt
shall be issued by the city ;te-44,.upon payment of the business tax receipt required therefore
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. •
Sec. 11-3. -Term of business tax receipt; proration of tax;delinquency charges.
(a) All business tax receipts shall be sold by the city clerk beginning July 1 of each year, are due and
payable on or before September 30 of each year, and shall expire on September 30 of the
succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payabie on or
before the first working day following September 30. For each receipt obtained for any new business,
occupation or profession after April 1 of each year, one-half of the applicable annuai business tax
shall be paid. Business tax receipts which are not renewed on or before the expiration date may be
reinstated thereafter upon payment by the holder of the receipt of the applicable business tax plus a
delinquency charge in the amount of ten percent of such tax for the first month of delinquency, five
percent each month of additional delinquency, up to a maximum of 25 percent. A new 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 business taxes and
delinquency charges applicable thereto.
(b) Any person who engages or manages any business, occupation or profession without first obtaining
a business tax receipt, if required, is also subject to a penaity of 25 percent of the business tax due.
(c) Any person who engages in any business, occupation or profession covered by this. chapter, who
does not pay the required business tax within 150 days after the initial notice of tax due, and who
does not obtain the required business tax receipt is subject to civii 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 $250.00.
Sec. 11-4.- Business tax receipt limits;transfer fee; no rebate.
Any business tax receipt issued shall be good only for the particular business, profession cr
occupation and at the particular place of business designated in the business tax receipt and only for the
person to whom the receipt was issued. Provided, however, all business licenses may be transferred to a
Page a.
new owner upon a bona fide sale of the business upon payment of a transfer fee of up to ten percent of
the annual business tax, but not fess than $3.00 nor more than $25.00 and presentation of evidence of
the sale.of the original receipt.Upon written request and presentation of the original'receipt, any business
tax may be transferred from.one location to another location in the city upon payment of a transfer fee of
up to ten percent.of the annual.business tax, but not less than $3.00 nor more than $25.00. Each such
receipt transfer shall be made within 30 days after such sale or removal; otherwise the business involved
shall become null and void and of no effect.
No portion of any business tax receipt shall be rebated unless such business tax was collected in
error.
Sec. 11-5. -Revocation or suspension of business tax receipt;grounds.
Any 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 receipt, the licensee shall be given at
least five days' notice of appear before the city council to show cause why said receipt shall not be
suspended or revoked.
Sec. 11-6. -Exemptions.
All persons exempt by state law from securing state and county business tax receipts shall be
exempt from securing receipts under this chapter.
Sec. 11-7.-Business tax schedule.
The amount of the 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 business taxes shall be paid to the city
by persons engaging in or managing or transacting the following businesses, occupations or profession
within the city: .
(1) Abstract or'title company $ .86.82. • .
(2) Accommodations for rent, apartments,motels,;motor courts,.cottages, hotels, boardinghouses
(a) 1.to 2 rental units >nlc
(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
•
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(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 86.32
(i) Other .. .46.31
(6) Alcoholic beverages, spirits, beer and wine (under state supervision), state license required nic
(7) Ambulance service(not connected with hospital or funeral home) 81.04
(8) Animals
(a) Kennel, state iicense 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
(10) Armored car service.
(a) 1 to 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 F.S. ch. 790) 57.89
(12) Auctioneer. ...40.52
(13) Auction shops ... .86.82
(14) Automotive: •
(a) Sales
• 1. New cars 144.70
2. Used cars
a. 1 to 10 cars .. ..28.94
b. 11 tc 50 cars 40.52
• c. 51 to 100 cars 57.89 • ..•
• d. 101 and over 98.40
(b) Minor repair service(state registration required) 81.04 •
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• (c). Motor vehicle repair shop 81.04
(d) Motor vehicle repair 40.52
(e) Pumps(gas, kerosene, diesel):
1. 1 to 4 pumps •28.94
2. Each additional pump 5.79 •
(f) Auto machine shop 46.31
(15) Auto salvage 115.76
(16) Aviation service 46.31
I (17) Ball, concerts, parades, carnivals, circus, exhibitions (fees ..set -by- -sati+441----(special
activities)fees/costs set pursuant to the applicable fee•resbiutior
(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
(c) Each additional machine 11.58
(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 40.52
(b) More than 10 not to exceed 50 persons 57.89
(c) More than 50 persons .....86.82
(Does not permit dining roam without restaurant license) . •
(22) Boats for hire: •
(a) Canoes, rowboats, motor boards, inboard or outboard: •
1. 1 to 10 boats 28.94 .
•
•
2. 11 to 25 boats 57.89 •
3. Each additional boat • 11.58
(b) Fishing, cruising and/or charter •
1.. One boat 40.52 •
2. Each additional boat 28.94 •• •
(23) Bottling works, bottling.or distilling water or soft drinks 57.89
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(24) Bowling lanes, skee ball, etc.:
(a) 1 to 16 lanes . ..57.89
(b) Each additional lane (Restaurant needs additional license) 5.79
(25) Broadcasting stations:
(a) Cable .. .144.70
(b) Radio.. ..14470
(c) Television 144.70
(26) Cabinet shop (manufacturer and installation) (not to exceed 3 employees): (Over 3 ernpioyees. see
Manufacturer): (Installer must have insurance) . ..57.89
(27) Car wash:
(a) 1 to 4 bays 34.73
(b) 5 to 7 bays 69.46
(c) Each additional bay 11.58
(d) Car detailing and window tinting (cleaning and polishing) . . .40.52
(28) Carpet and rug cleaning 40.52
(29) Cemetery lots(operated for profit) 86.82
(30) Citrus fruit shippers, place where orders for fruit are taken and filled or shipped (excluding packing
houses) 28.94
(31) Cleaning, pressing and dyeing (boiler inspection certificate must be presented)
(a) Cleaning and pressing pickup station 40 52
(b) Self-service:
1. 1 to 10 machines 28.94
2. 11 to 25 machines 40.52
3. 26 to 50 machines 57.89
4. Each additional machine • 5.79
(32) Coin-operated machine or devices:
(a) Distributors 57.89
(b) Each machine, see billiards, item (20)for amounts
(33) Communication sites:
(a) Commercial 144.70
(b) Cellular ....14470
(c) Other 144.70
(34) Computer software service(designing programs) . ...57.89
(35) Concrete mixing plants:,
(a) 1 to 5 trucks • 173.65
(b) Each additional truck 28.94
(36) Contractors •
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A) Contractors. •(F.S. §§ 489.105 a through p) Part 1 and 2 and (ES. § 489.505)—STATE
LICENSE REQUIRED
(a) General contractor 81.04
(b) Building contractor 81.04
(c) Residential contractor. .. 81.04
(d) Sheet metal contractor 57.89
(e) Roofing contractor 57.89
(f) Class A air conditioning contractor ..57 89
(g) Class B air conditioning contractor . ..57.89
(h) Class Cair conditioning contractor 57.89
(i) Mechanical contractor 57.89
(j) Commercial pool/spa contractor... .40.52
(k) Residential pool/spa contractor 40.52
(I) Swimming pool/spa servicing contractor 40.52
(m) Plumbing contractor.....57.89
(n) Underground utility and excavation contractor 40.52
(o) Solar contractor ... .40.52
(p) Pollutant storage system contractor. 40.52
(q) •Alarm system contractor I ....40.52
(r) Alarm system contractor II 40.52
(s) Electrical contractor .... 57.89
B) Specialty contractor: (Enter local agreement with Volusia County 1-1-2006) VOLUSIA
COUNTY SPECIALTY LICENSE REQUIRED
(a) Carpentry contractor(frame) ....40.52
•
(b) .Garage door installer . ...40.52
(c) Hurricane protection installer 40.52
(d) Landscape irrigation . ...40.52
(e) Marine contractor 40.52
(f) Masonry contractor 40.52
(g) Prefabricated shed installer 40.52
(h) Siding, window and door installer... 40.52
(i) Sign contractor (non-electrical) 40.52
• C) Subcontractors: (city licensed)
(a) Aluminum contractors 40.52
(b) Asphalt maintenance 40.52
(c) Awning (not hurricane shutters) 40.52
(d) Cabinetry • 40.52
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(e) Carpentry(trim) 40.52
(f) Dredging ......40.52
(g) Fence installers , 40.52
(h) Flooring installer 40.52
(i) Home-repair(see limitations) 40.52
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.
(j) House movers(including mobile homes) 40.52
(requires state license from DMV)
(k) Insulation installer 40.52
(I) Land clearing 40.52
(m) Landscaping 40:52
(n) Painter/wallpaper ....40.52
(o) Paving contractor 40.52
(p) Plastering contractor 40.52
(q) Pressure cleaning 40.52
(r)' Sandblasting 40.52
(s) Satellite dish installer 40.52
(t) TV cable wiring 40:52
(u) Tile, terrazzo:marble and granite installer 40.52
(v) Tree cutting and trimming 40.52
(w) Other 40.52 .
(37) Delivery services: •
. (a) One vehicle 28.94
•
(b) Each additional vehicle 11.58
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(38) Distributors and.home party sales • • - .•
Avon, Tupperware, Fuller brush, Amway,etc.) 28.94 •
(38a) Entertainment(bands, orchestras, etc.) 28.94
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(39) Exterminators, spray service, state license required.
(a) One vehicle 86.82
(b) Each additional truck .. .11 58 •
(40) Financial.
(a) Banks and trust companies .. ..150.50
(b) Building and loan associations 150.50
(c) Finance and discount companies, liquidating accounts, whether purchased or not 150.50
(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. .... 150 50
(e). Personal finance companies 150.50
(41) Fortune tellers, aid mind readers- gtvcios a:?d other nomad!c po ..ee sea:cnc;i 2 through
1'; 2.5 . ...86.82
(42) Funeral chapel.. . 86.82
(43) Funeral homes, including embalmer or undertaker and ambulance, state license required ....115.76
(44) Furniture packers, moving and/or storage:
(a) 1 to 2 trucks 86.82
(b) Each additional truck 28.94
(45) Gas companies, state license required'
(a) Distributing through pipe lines, natural gas (includes one truck); (franchised or other method
devised by city council) 115 76
(b) Bottle gas. wholesale merchant license required . ...57.89
(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
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(b) Course
1. 9 holes . .86.82
2. 18 hoies 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 to 5 beds ... .40.52
(b) 6 50 12 beds 81 04
(c) 13 to 20 beds 115.76
(d) Each additional bed . . .5.79
(L.icense must be taken out for all beds whether used or unused\
(53) Housecleaning and janitorial services(including window cleaning; domestic help excepted) ... .40.52
(54) Insurance adjustor company:
(a) Company with one adjustor 86.82
(b) Each additional adjustor 28.94
(55) 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, inciuding 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. semiannual.. 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, bimonthly or
monthly premium paying basis.
(d) 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. Casualty and liability companies ... 40.52
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2 Fire insurance companies ....40.52
3. Industrial insurance and funeral benefits association or company _40.52
4. Life insurance company 40 52
5. Each additional agent 28.94
(56) Laboratories, scientific and industrial investigation, if not connected with licensee's manufacturing
enterprises 144.70
(57) Lawn service and care
(a) Gardener and/or lawn care 28.94
(58) Manufacturers. The following businesses are classified as manufacturers and each person engaged
in the operation of such business in the manner aescribed 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) 40.52
(b) Not exceeding 8 employees .. ..57.89 •
(c) More than 8 employees, not exceeding 20 employees . ..144.70
(a) More than 20 employees .... 219.95
(59) Meat. fish and poultry products, packinghouses or storage .....86.82
(60) Merchandise mart(flea market) owner operator
(a) Up to 4 spaces .. ..86.82
(b) 5 to 10 spaces ....115.76
(c) 11 to 20 spaces 173.65
(d) Each additional 11.58
(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 28.94
(b) Stock from $1.001.00 to $5.000.00 .....40 52 •
(c) Stock from$5,001.00 to$10.000.00 57.89
(d) Stock from $10,001.00 to S30,000.00 86.82
(e) Stock from S30,001.00 to S50,000.00 137.81
(f) Stock from$50,001.00 to$100,000.00 173.65
(g) Stock from S100,001.00 and over 202.59
(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 .....40.52
(b) Stock from$1.001.00 to $10.000 00 .....57.89
(c) Stock from$10.001.00 to $30,000.00 86.82 •
(d) Stock from $30.001.00 to$75:000.00 115 76
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(e) Stock from 575.001.00 and over ...156.28
(63) Museums, historical, for profit(permission and fees set by Council)
(64) Newspaper publisher 86.82
(65) Parking lots, for profit:
(a) 1 to 10 cars ....28.94
(b) 11 to 60 cars .. ..86.82
(c) 61 to 100 cars 115.76
(d) 101 cars and over 144.70
(66) Pawnbrokers, not transferable ... .173.65
(Each pawnbroker or money broker shall keep a compiete and true record of all transactions snowing
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 sections 11-2.2
26 and 11-2-82L. City Code.)
(67) Printing business 57.89
(68) Private and social clubs 57.89
(69) Private schools (religious, institutions exempt) 28.94
(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)
(I) Riding school or academy
(m) Trade
(n) Other
(71) Professional.. ..86.82 •
(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
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(d) Architects
(e) Astronomers
(f Attorneys, state icense required
(g) Auditors, state license required
(h) Chemists, state license required
(i) Clinic labs. state license required
(j) Computer consultant
(k) Drafting
(I) Dentistry, state license required
(m) Embalmers, state license required
(n) Engineers, state license required
(o) 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 86 82
2. Each agent ... 28.94
(II) All Other professions 86.82
•
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(72) R=•al estate orrental agency, state license required:
(a With one person designated as broker 40.52
(b Each additional salesperson 28.94
( • license issued until state registration certificate is presented.)
• (73) R. ording studios 57.89
(74) R:fuge hauling and recycling, for profit, (by authority of the city council fees also determined by
c• ncil)
(75) R:ntal(equipment&video) 57.89
(76) R:staurant, cafe and other public eating places, where food is served in.connection with or separate
from other business according to seating capacity:
(a 0 to 50 seats also carryout 57.89
(b 51.to.100 seats 86.82
•
(c 101 seats and over 98.40
(d Caterer service 40.52
(Health permit certificate required.
(77) Ri ks 86.82 . •
• (78) S.w mills • 86.82
(79) S:rvice:
(a Mail order • 40.52
(b Parcel packing 40.52
(c Telephone answering services ... 40.52
(d Telemarketing 40.52
(e •Housesitting . 28.94
(f) Chimney sweeper 28.94 .
(g Other 40.52 .
(80) S ooting galleries 57.89
(Must .e arranged and located as to be .entirely safe and not a nuisance to adjoining property and
approv-d by the city council and the police department.
(81) S 'ows,.carnivals, parades, concerts (fees set by council}feelcosts set pursuant to the applicable fee
e-.olution s ecial activities;
s-(see sectian- , - -- - "-, -alic.4ec required tc rcgistec
with the City Cle;k's Of`ice and receive a registFa+.icri ": ; - _-• f the t
C,erk)
- - - . - t'.-< ( act+ seiieiter reuir.d to regie-tcr w+itk� t:Yfe rte
• s'er4eJs-of`ice and •receiv r r is # atie€?-card-cigncd j t -psl -tlaier
:e4assefs(see sectio^-•i4-26-.-is9 wate>ode--crust-et perr..t--frame cam) ...
(8432) Storage warehousing 86.82
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(a Boat houses or boat yards (keeping or storing) ... 28.94
(b Garage and storage and parking for all types of vehicles ....40.52
(8483) Swimming pools (public) ....40.52
(884) Telegram companies 57.89
(8&85) Telephone companies: 57.89
(8.7-.86) Theaters:
(a Up to 500 seats .. ..69.46 • •
(b 501 to 1,000 seats 86.82
(c Over 1;001 seats ... .115.76
(d Drive-ins 86.82
(If merchandise is sold, merchant's license is required)
I ( 87) Trailers or mobile homes parks or camps.
(a 1 to 9 trailer spaces .....40.52
(b 10 to 20 trailer spaces .... 57.89
(c 21 or more trailer spaces ....86.82
Sales . ...144.70
(8488) Transportation:
(a Chauffeurs, taxis, limousines or motor vehicles for hire (must get pormit from Polico
-Department.'):
• 1: 1 to 5 vehicles .... 57.89
2. 6 to 10 vehicles . .86 82
3. Each additional vehicle 5.79 • .
(b) Wrecker service.
-1. One vehicle 40.52 •
2. Each additional vehicle • 5.79
(i;-1.439).. Trucking companies (freight):
(a) Each truck 28.94
(9+90). Unclassified 57 89
(9291). Utilities 144.70
(9392) Vendors, concession mobile, health permit required 40.52
Sec. 11-8. Punishment for vioiation.
If any person is in violation of any provision of this chapter said person shail, in addition to any
penalties herein prescribed, upon conviction thereof, be subject to punishment as provided in section
Sec. 11-9. Certificate of use required.
(a) 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
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of use for each location or premise. Certificates of. use shall not be issued until a new business
inspection is completed at the iocation 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 fait into more than
one of the classifications or uses contained in the schedule set forth in section 11-8. business tax
schedule, such occupation, business, profession, or privilege snail 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
(b) Prior to the issuance of a home occupation certificate of use, an applicant sham 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 F.S. § 162 or § 166.0415. article X et. seq. of the City Code and all other
available legal and judicial remedies.
(c) 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 noncompliance with any
city codes, ordinances or laws relating to the tenant's business that they as the property owner, wail
be held responsible for any code enforcement action that may be necessary.
•
(d) 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.
(e) 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.
Sec. 11-10. Definitions.
For the purpose of this article. the foiiowing terms, phrases words and their derivations shall have
the meanings given herein-
Business shall mean ail kinds of vocations, occupations. professions, enterprises, establishments,
and all kinds of activities and matters, together with ail 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:•
(a) Religious institutions 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.
(b) 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
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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 business 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 jurisdiction. It shall not mean any fees or
taxes paid to any board, commission or officer for permits, registration, examination or inspection or ari..y
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 occupation 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 land
development[code].
Mobile occupation 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 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 iand development code.
New business inspection shall mean the inspection made at the commercial location(s) or premises
in which a business, profession, occupation, trade, amusement or industry is conducted. The inspection is
to ensure compliance with ail zoning regulations. Life Safety Code requirements proper tenant
separations, and all applicable city, county and state regulations.
Person shall mean any individual, firm, partnership. joint 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 snail 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 paying 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.
Taxing authority shall mean that person designated by the city manager.
Taxpayer 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.
Sec. 11-11. -Terms of certificate of use.
(a) 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 30 of each year. Certificates shall expire on
September 30 of each succeeding year. in the event that September 30 fails on a weekend or
holiday, the fee shall be due and payable on or before the first working day foiiowing September 30.
Page.16
(b) 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 or use shall be required.
(c) 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 engaging in business; responsibility of agent;separate business tax for each
location;approval of uses; separate business tax for each company.
(a) Evidence of engaging in business. The tact that a person represents himself as being engaged in
any business for which a business tax and certificate 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.
(b) One act constitutes doing business. For the purpose of this article, any person shall be deemed to be
in business and thus subject to the requirements of this chapter. when he does one (1)act of
(1) Selling any goods or service;
•
(2) Soliciting business or offering goods or services for sale or hire.
(c) Agents responsible for obtaining business tax. The agents or other representatives of nonresidents
who are doing business in this city shall be personally responsible for compiiance with this article by
their principals and of the businesses they represent.
(d) Each.location to have separate business tax. if any person operates any business at more than one
location, each location shall be considered a separate business and a separate business tax is
required unless otherwise provided for herein.
(e) Approval of uses. All activities and uses included within the operation of the business shall be
approved uses in accordance with all applicable codes.
(f) Separate business tax for each company A company shall include:each corporation and/or fictitious
name being usea for the operation of that business
Sec. 11-11.2.-Administrative fees; reprint, reinstatement, dupiicate fees.
Due to additional services provided by the city departments relating to the issuance of certificates Of
use. the city shall administer the following administrative fees in an amount stipulated below: •
(a) 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 S7.00 reprint fee.
(b) 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 licensing authority. •
Page 17
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(a) The licensing authority shail collect all business taxes and shah issue certificates' of use and
b siness tax receipts in the name of the city to all persons qualified under the provisions of this
a icle and shaft
0) Promulgate and enforce all reasonable rules and regulations necessary to the. operation and
enforcement of this article, with the approval of the orcy councii
( . 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.
O 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.
( ) Notify any applicant of the acceptance or rejection 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.
(b) ljhe licensing authority shall perform all functions designated by the director of development services
to ensure enforcement and carry out the provisions of this article.
Sec. 1' -11.4. - Duties of tax payers.
(a) enerai standard of conduct. Every taxpayer under this article shall:
(1) Permit all reasonable inspections of his business by public authorities so authorized by law.
(2) Ascertain and at all times comply with ail laws ano regulations applicable to such taxed
business.
(3). 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.
(b) Display of tax and insignia. Every taxpayer under this article shall:
(1) Post and maintain,such certificate of Use and tax upon the taxed premises in a place where it
may be seen at all times.
(2)• Carry such business tax receipt on his person when he has no.taxed business premises.
(3) 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 taxpayer shall
promptly return such inoperative certificate of use, business tax receipt, special permit or
insignia to the development services director.
(4) 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 taxpayer.
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. 1141.6. Scope of tax;tax obtained by false statements void ab initio.
. Page 18
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(a) 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.'
(b) Any business tax receipt issued upon any false statement made under oath shail be considered as
void 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. •
Sec. 11-12. - Enforcement—Certificate of use.
(a) The licensing authority and such other personnel of the city as shall-ae designated by the city
manager shall conduct such investigations and inspections as shall be necessary to the enforcement
of this article.
(1) No business shall occupy any office building, industrial or commercial building, apartment
budding or hotel until a certificate of use is issued by the city. Certificates of.use may not be
issued until the premises have been inspected and found to comply with all requirements of-the
Code of the city.
(2) 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 business tax schedule. In addition, fees
shall be paid to defray the cost of.any required inspection(s) and reinspections as•specified in
the city business tax schedule.
•
(3) 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:
a 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
o The owner/applicant. as part of the owner/applicant's business activity within the city,•is
engaged in conduct which is an actual threat to the public health, welfare or safety: or
c. 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 •
d Habitual conduct has occurred at the owner/applicant's premises which violates 'city,
• county or state law; or
e. 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
f 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
• g 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.
No certificate of-use shall be suspended under this section for a period of more than 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.
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• Page 19
At the end of such period of suspension or revocation. the owneriapplicant may apply for a new certificate
of use.
(4) A suspension not exceeding six months shall be imposed in cases where the owner/applicant's
violation is shown to be inadvertent and can be promptly corrected by the owneriapplicant- a
revocation of the certificate of use shall be imposed in all other cases.
(5) 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
(6) If an owner/applicant or permittee fails to comply with any notice issued as provided above, the
licensing authority may 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.
(b) All persons authorized herein to inspect businesses shall have the authority to enter, with or without
warrant. at ail reasonable times, the following premises
(1) Those for which a certificate of use is required.
(2) Those for which a certificate of use was issued and which, at the time of inspection, are
operating under such certificate of use;
(3) Those for which the certificate of use has been revoked or suspended.
(c) 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; faiiure 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 subject to prosecution.in the manner provided by
F.S. ch. 162 or§ 166.0415, and upon conviction. such person shall be subject'to a fine, imprisonment, or
both
Sec. 11-14.- Other certificates, taxes and regulations 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 taws
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 ail applicable ordinances, rules and laws.
•
Sec. 11-15. -Schedule Of certificate'of use fees.
Certificate of use.fees areas follows:
. Original cerfrficate of use:
•
Residential: . ..S 31.50 •
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Commercial' 52 50
Certificate of use renewal:
Residential- ....20.00
Commercial $31.50
Sec. 11-16.-Suspension or revocation of certificate of use.
•
(a) 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 heaith, safety or welfare, and itis determined by the city
that the continuation of the business activity would be detrimental to the public health, safety or
welfare; or
(3) The certificate of use issued depended upon the owner/applicant's compliance with specific
provisions of city; 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
(5) 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
(6) 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 by this article
(7) The owner/applicant fails to supply to the city the reasonable records requested by the city 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.
(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 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. ..
•
Secs. 11-17:-11-19. - Reserved.
ARTICLE il.- MISCELLANEOUS TAXES AND REGULATIONS
Sec. 11-20.- Excise tax on insurance companies—Casualty risk insurance.
•
(a) There is hereby assessed, imposed and levied on every insurance company, corporation or other
insurance now engaging in or carrying on. or which shall hereafter engage in or carry on the
business of insuring with respect to casualty risks, as shown by the records of the.insurance
commissioner of the state, an excise tax or license tax in addition to any license tax or excise tax
now levied by the city, which said tax shall be in the amount of 0.85 percent of the gross amount of
receipts of premiums from policyholders on all premiums collected on casualty insurance policies.
covering property within the city.
(b) The license or excise tax herein levied shall be due and payable annually on the first day of March of
each year.
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. Sec. 11-20.1.-Same—Property insurance.
(a) There. is hereby assessed, imposed and levied-on every.insurance company, corporation.or other
insurer now engaging in or carrying on, or which shall hereafter engage in or.carry on the business of
property insurance, as shown by the records of the insurance commissioner of the state, an excise
• or license tax in addition to any tax or excise tax levied by the city, which tax shall be in the amount
of 1.85 percent of the gross amount of receipts of premiums from policyholders on all prem urns
collected on property insurance policies covering property within the corporate limits of the city.
(b) The license or excise tax herein levied shall be due and payable annually on the first day of March of
each year hereafter.
Sec. 11 21. l•ortune tellers,clairvoyants,etc. information required.
CJo-e-...e_ -. be issued to e- e• _e ::.-e.,- =e me business of forte `
astccicgy. palmstryy. or other occupation professing to foresee: predict-Pr recall-future-or . st even by
a $3 y-sisal- - - ' .. •'•- - •. - -pe. _• ' - - y-lerk he-f4-isiwi-ng nformationn:
•- _ -- . ti_ - - - -- of the person -apoiy+ng- for said 1. .�r'se for fivo y crc
•--•-*•.. - . - _ _- __ - therefor-
(2) The address and mature of-business engaged n for five years immediately the `
application.
0) The names'and present addresses of all persons, whot -adults-- - . __ - -. _
associated with the proposed business cr-o ;c ti .
(lode
Sec.-1 L2- Some Inquiry by city-e -for denial of license. .
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l e+�-.ceceipt-ef4he-data set forth in section 11 21 the city clerk shall forthwit-h-eir-ect-an- wiry-GI4he
sheriff of the county e -- - - e-- - • - - - . . -- - - --e-and-done-t ;i ess
for five;years immediately-prior to the date of application for license, for the purpose of •- the
general reputation of -_ - __-!-_.• , •- -- -_ e, . -•. . of said applicant-and-the- ._ - - e
oarnplaint.received by _ - _:;_- . ..*••-- .e•-wi h.-previous business enteiprises. Upon-receipt-et
- - .....- • -- •- -- - -• -- -- - - - •-- •-•-.. --- _ or if the }era!!
-- _ •_ . - _ - - _. __ ' ___ , _ __ e - _ - -_ _ - him-in-theconductofh;
aforesaid businesses in the city. • .
{-Code 1963, § 11-5}
Sn4h4ld the answers to the inquiries Get forth in section-1-1 22 show that appiicant has no pre' ous
tea+ -- v - -- - - - - _ _ -- -- - - • - - .
-- _. - --- - -_- _ - •• _•_ _- -- of identification in-the office of the-sheriff. for the
-- --- ' ' - - - .- -•-t •- clerk shall - - - - -- --- .5 - . -
4fr-r-eZed--e-1-o«nsaid--a-ppiieait.
•
1963. --6r
See• 1 i 24. Game Hcaith ccrtif;catc
Should said report from Me' bureau of identification be fav, le--the---o- -- - - .•-•-
-- , • - shall then proceed to a du!y licensed and-gt+ahif+ed- hycic -iar�-resid?ng -
county, for the purpose -of- *1`..•- - •-_ • _-•' - a - •- - , .-ant-and all--2' :.e.•
vv+th--said-- mess-and-pccupation are free from any •• --•-- ...._ -5.--•• rlic led._;-•- _
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1";C,049-1963, § 11 7;
Sec. 11 25. Same Issuance of license; penalty for violations.
- t -- --- for such "1isense-sem w th--t#e-foregoing provisions, the city clerk shall issue
- -- - -
.--• - - - - .•• e-•• •- payment of the fee prescribed. However, should said
- •-- - -._- -- - ----- -- -- - - forth. - - - -
porscn found guilty of engaging in •sueh- business or occupation without fully crornplying with Asa d
cequirenr-nts shall be punished as provided by section 1 8.
-Gede 1-963. § 11 8‘t
Sec. 114621-25. -Reserved.
Sec 11- -2E Pawnbrokers •
Sec. 11-- 26.1.- Definitions.
•
As used.in this section. the term:
Agency means the department of agriculture and consumer services
• Amount financed is used interchangeably to mean the same as "amount of money advanced" or
"principal amount".
Appropriate law enforcement official means the sheriff of the county in which a pawnshop is located
or. in case of a pawnshop located within a municipality, the police chief of the municipality in which the
pawnshop is located; however, any sheriff or police chief may designate as the appropriate law
enforcement official for the county or municipality, as applicable, any iaw enforcement officer working
within the county or municipality headed by that sheriff or police chief. Nothing in this subsection limits the
power and responsibilities of the sheriff.
Beneficial owner means a person who does not have title to property but has rights in the property
which are the normal incident of owning the property.
Claimant means a person who claims that his or her property was misappropriated.
Conveying customer means a persons who delivers property into the custody of a pawnbroker, either
by pawn. sale, consignment, or trade.
Default date means that date upon which the pledgor's right of redemption expires and absolute
right, title, and interest in and to the pledged goods shall vest in and shall be deemed conveyed to the
pawnbroker by operation of law.
identification means a government-issued photographic identification or an electronic image taken
from a government-issued photographic identification.
Misappropriated means stoien. embezzled, converted, or otherwise wrongfully appropriated against
the wiil of the rightful owner.
Net worth means total assets less total liabilities.
Operator means a person who has charge of a corporation or company and nas control of its
business, or of its branch establishments, divisions. or departments, and who is vested with a certain
• amount of discretion and,independent judgment
Pawn means any advancement of funds on the security of pledged goods' on condition that the
pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be
redeemed by the pledgor on the terms and conditions contained in this section.
Pawnbroker means any person who is engaged in the business:of making.pawns..who makes•a
public display containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; or who
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publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the
business of purchasing goods which includes consignment and trade.
•
Pawnbroker transaction form means the instrument on which a pawnbroker records pawns and
j purchases as provided in section 11-;;-2.5.5.II Pawn service charge means a charge for investigating the tike, storage, and insuring of the security:
• closing the transaction; making daily reports to appropriate law enforcement officials' expenses and
losses: and all other services.
•
Pawnshop means the location at which a pawnbroker conducts business •
Permitted vendor means a vendor who furnishes a pawnbroker with an invoice specifying the
vendor's name and address, the date of the sale, a description of the items sold, and the sales price. and
who has an established place of business, or, in the case of a secondhand dealer as defined in F.S.. §
538.03, has represented in writing that such dealer has complied with al! applicable recordkeeping,
reporting, and retention requirements pertaining to goods sold or otherwise deiivered to a pawnbroker.
Person means an individual, partnership, corporation, joint venture, trust, association. or other legai
entity.
Pledged goods means tangible personal property that is deposited with, or otherwise delivered into
the possession of a pawnbroker in connection with a pawn. "Pledged goods"does not include titles or any
other form of written security in tangible property in lieu of actual physical possession, including, but not
limited to, choses in action, securities, printed evidence of indebtedness, or certificates of title and other
instruments evidencing title to separate items of property, including motor vehicles. For purposes of
federal and state bankruptcy laws, a pledgor's interest in his or her pledged goods during the pendency of
a pawn is a right of redemption only.
Pledgor means an individuals who delivers pledged goods into the possession of a pawnbroker in
connection with a pawn.
Purchase means the transfer and delivery of goods, by a person other than a permitted vendor, to a
pawnbroker by acquisition for value, consignment or trade for other goods.
ISec. 11 2725.2.- License required.
(a) A person may not engage in business as a pawnbroker unless the person has a valid certificate of
use issued by the city pursuant to section 11-9 and license issued by the department of agriculture
and consumer.services. A separate certificate of use is required for each pawnshop. The city must
issue more than one certificate of use to a person if that person complies with the requirements for
each certificate of use.
(b) An owner/applicant who seeks to move a pawnshop to another location must give 30 day's prior
written notice to the city by certified or registered mail, return receipt requested: and the city must
• then amend the certificate of use to indicate the new location. The ownerlapplicant must also give
such written notice to the.chief of police.
(c) Each certificate of use remains in effect until it is relinquished, suspended, revoked or expires as
provided in section 11-16 et seq. Each owner/applicant shall annually pay a license amount as
provided in section 11-15 for each certificate of use held
(d) A person must apply to the city for a new certificate of use upon any change, directly or beneficially.
in the ownership of any pawnshop. An application for a certificate of use or an application to transfer
an existing certificate of use is not required upon any change, directly or. beneficially, 'i`i the
ownership of a pawnshop if one or more holders of at least 90 percent of the outstanding equity
interest of the pawnshop before the change in ownership continue to hold at least 90 percent of the
outstanding equity interest after the change in ownership.
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(e) Any person applying for orrenewing a local certificate of use to_engage in business as.a pawnbroker
must exhibit a current license from the agency before the local business tax receipt may be issued or
reissued. •. • .
•
Sec. 11- 26.3.- Eligibility
Xfor license.
(a) To be eiigible'for a pawnbroker's certificate of use, an applicant must:
•
(1) Be of good moral character..
(2) Have a net worth of at least$50,000.00 or file with the city a bond issued by a surety company
qualified to do business.in this state in the amount of$10,000.00 for each license. In lieu of the
bond required in this subsection, the applicant may .establish a certificate of deposit or an
irrevocable letter of credit in a state banking institution in the amount of the bond. The original
bond, certificate of deposit or letter of credit shall be filed with the city; and the city shall be the
beneficiary to the document. The bond, certificate of deposit or letter of credit shall be in favor of
the city for the use and benefit of any consumer who is unjured by the fraud, misrepresentation;
breach of contract, financial failure or violation of any provision of this section byl the
pawnbroker. Such liability may be enforced either by proceeding'in an administrative action or
• by filing a judicial suit at law in a court of competent jurisdiction. However, in'such court suit, the
bond, certificate of deposit or letter of credit posted with the city shall not be amenable or
subject to any judgment or other legal process issuing out of or from such court in connection
with such lawsuit; but such bond, certificate of deposit or letter of credit shall be amenable to
and enforceable only by and through proceedings before the city. Such bond, certificate of
• • deposit or letter of credit shall be applicable and liable only.for the payment of claims duly
adjudicated by order of the city. The bond, certificate of deposit or letter of credit shall be
payable on a pro rata basis as determined by the city, but the aggregate amount may not
exceed the amount of the bond, certificate of deposit or letter of credit
(3) Not have been convicted of, or found guilty of, or pled guilty or nolo contendere to, or not have
• been incarcerated within the last ten years as a result of having previously been convicted of, or
found guilty of, or pled guilty or nob contendere to, regardless of adjudication, a felony within
the last ten years and not be acting as a beneficial owner for someone who has been convicted
of, or found guilty of, or pled guilty or nob contendere to, regardless of adjudication, a felony
Within the last ten years; and .
(4) Not have been convicted of, or found guilty of, or pled guilty or nob contendere to, or not have
been incarcerated within the last ten years as a result'of having previously been convicted df, or
found guilty.of, .or pled guilty or nolo contendere to, regardless.of adjudication, a crime that
involves' theft, larceny, dealing in stolen property;, receiving.:stolen property., burglary,
embezzlement, obtaining property by false pretenses, possession of altered property,.cr any
other fraudulent or dishonest dealing within the last ten years, and not be acting as a beneficial
owner for someone..who.has been convicted, of, or found guilty .of. or pled guilty or noio
contendere to, or has been incarcerated within the last ten years as a result of having been
previously been convicted of, or found guilty of, or pled guilty or nob contendere to, regardless
of.adjudication, a crime that involves theft,.larceny, dealing in stolen property, receiving stolen
property, burglary, embezzlement, obtaining property*by false pretenses, possession of altered
• . property, or any other fraudulent Or dishonest dealing within the last ten years.
(b) Any applicant claiming to have a net worth of$50,000.00 or more shall file with the city, at the time of
applying for a certificate of use, the following documentation: •
(1) A current financial statement prepared by a Florida certified public accountant; or
• (2) An affidavit stating the applicant's net worth is at least$50,000.00,accompanied by supporting
documentation; or
(3) If the applicant is a corporation, a copy of the applicant's most recently filed federal tax return. If
the city cannot'verify that the applicant meets the net worth requirement for a license,.the city
_ may require a finding, including the presentation of a current balance sheet, by an accounting
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firm or individual holding a permit to practice public accounting in this state, that the accountant
has reviewed the books and records of the applicant and that the applicant meets the net worth
requirement.
(c) if an applicant for a pawnbroker's certificate of use is not an individual, the eligibility requirements of
this subsection, other than the requirements of subsection (a)(2). apply to each operator of the
pawnshop and to each direct or beneficial owner of at least ten percent of the outstanding equity
interest of the pawnshop and. if the applicant is a corporation, to each officer and director of the
corporation.
Sec. 11-24126.4.--Application for certificate of use.
(a) An application for a.pawnbroker's certificate of use, for the transfer of an existing pawnbroker's
certificate of use, or for the approval of a change in the ownership of a licensee's pawnshop must be
under oath and must state the fuli name and place of residence of the applicant, the place where the
business is to be conducted, and other relevant information required by F.S. § 539 001(5).
Sec, 11 2726.5. - Pawnbroker transaction form.
(a) At the time the pawnbroker enters into any pawn or purchase transaction, the pawnbroker shalt
complete,a state approved pawnbroker transaction form for such transaction, including an indication
of whether the transaction is a pawn or a purchase. and the pledgor or seller shall sign such
completed form, which must elicit the information required under this section. in completing the
pawnbroker transaction form, the pawnbroker shall record the information required in subsection (b),
which must be typed or written indelibly and legibly in English.
{
(b) A pawnbroker transaction form must include:
(1) The name and address of the pawnshop.
. (2) ' A•complete and accurate description of the pledged goods or purchased goods. including' the
following information, if applicable:
a. Brand name
b, Model number.
c. Manufacturer's serial number.
d. Sizer •
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight and content, if known. . • •
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g. Gemstone description, including the number of stones.
h. In the case of firearms. the type of action, caliber or gauge. number of barrels, barrel
length, and finish.
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i. Any other unique identifying marks, numbers, names, or letters.
Notwithstanding subsections (2)a.—i., in the case of multiple items of a similar nature delivered
together in one transaction that do not bear serial or model numbers and that do not include
precious metals or gemstones, such as musical or video recordings. books, and hand tools, the
• description of the items is adequate if it contains the quantity of items and a description of.the
type of items delivered.
(3) The name, address. home telephone number, place of employment, place of birth, physical
• description and right thumbprint of the pledgor or seller. ,
(4) .The date and time of the transaction. •
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(5) The type of identification accepted from the pledgor or seller including the issuing agency and
the identification number
(6) In the case of a pawn:
a. The amount of money advanced, which must be designated as the amount financed;
b. Tne maturity date of the pawn. which must be 30 days after the aate of the pawn.
c. The default date of the pawn and the amount due on the default date;
d. The total pawn service charge payable on the maturity date, which must be designated as
the finance charge: •
e. The amount financed plus the finance charge that must be paio to redeem the pledged
goods on the maturity date, which must be designated as the totai of payments;
f. The annual percentage rate, computed according to the regulations adopted by the
Federal Reserve Board under the Federal Truth in Lending Act; and
g. The front or back of the pawnbroker transaction form must include a statement that:
1. Any personal property pledged to a pawnbroker within this state which is not
redeemed within 30 days following the maturity date of the pawn, if the 30'`' day is not
a business day, then the following business day, is automaticaily forfeited to the
pawnbroker, and absolute right, title. and interest in and to the property vests in and is
• deemed conveyed to the pawnbroker by operation of law, and .no further notice is
• - necessary:
2. The pledgor 's not obligated to redeem the pledged goods; and
3. if the pawnbroker transaction form is lost, destroyed, or stolen, the piedgor must
immediately advise the issuing pawnbroker in writing by certified or registered mail,
return receipt requested, or in person evidenced by a signed receipt.
4. A pawn may be extended upon mutual agreement to the parties.
(7) in the case of a purchase, the amount of money paid for the goods or the monetary value
assigned to the goods in connection with the transaction.
(8) A'statement that the piedgor or seller of the item represents and warrants that ;t is not stolen,
that is has no liens or encumbrances against it, and that the pledgor or seller is the rightful
owner of the goods and has the right to enter into the transaction. •
(9) A pawnbroker transaction form must provide a space for the imprintof the right thumbprint of
the pledgor or seller and a blank line for the signature of the pledgor or seller.
(10) At the time of the pawn or purchase transaction, the pawnbroker shall deliver to the pledger or
seller an exact copy of the completed pawnbroker transaction form.
Sec. 11-2-726.6. -Hours of operation. •
No pawnbroker shall engage in or conduct business as a pawnbroker between the hours of 12:00
midnight and 6:00 a.m. •
Sec. i1-726.7. - Recordkeeping; reporting; hold period.
(a) A pawnbroker must maintain a copy of each completed pawnbroker transaction form on the
pawnshop premises for at least one year after the date of the transaction. On or before the end of
each business day, the pawnbroker must deliver to the appropriate. law enforcement official .the
original pawnbroker transaction forms for each of the transactions occurring during the previous
business day unless other arrangements have been agreed upon between the pawnbroker and the
appropriate law enforcement official. If the original transaction form is lost or destroyed by the
appropriate law enforcement official, a copy may be used by the pawnbroker as evidence in court.
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When an electronic image of a pledgor or seller identification is accepted for a transaction, the
pawnbroker must maintain the electronic image in •order to meet the same recordkeeping
requirements as for the original transaction form. if a criminai investigation occurs; tne pawnbroker
shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement
official
(b) All goods delivered to a pawnbroker in a pawn or purchase transaction must be securely stored and
maintained in an unaltered condition within the jurisdiction of the appropriate law enforcement official
for a period of 30 calendar days after the transaction. Those goods delivered to a pawnbroker in a
purchase transaction may not be sold or otherwise disposed of before the expiration of such period.
The pawnbroker shall make all pledged and purchased goods and all records relating to such goods
available for inspection by the appropriate law enforcement official during normal business hours
throughout such period. The pawnbroker must store and maintain pledged goods for the period
prescribed in subsection 11-27.8 unless the pledged goods are redeemed earlier: provided,
however, that within the first 30 days after the original pawn, the pledged goods may be redeemed
only by the pledgor or the pledgors attorney in fact.
1 Sec. 11-2726.8.- Pledged goods not redeemed.
Pledged goods not redeemed by the pledgor on or before the maturity date of a pawn must be held
by the pawnbroker for at least 30 days following such date or until the next business day if the 30'n day is
not a business day. Pledged goods not redeemed within the 30 day period following the maturity date of a
pawn are automatically forfeited to the pawnbroker; absolute right, title and interest in and to the goods
shall vest in and shall be deemed conveyed to the pawnbroker by operation of law and no further notice
is necessary. A pledgor has no obligation to redeem pledged goods or make any payment on a pawn.
Sec. 11-2-726.9. - Pawn service charges.
(a) In a pawn transaction, a pawnbroker may contract for and receive a pawn service charge. The
interest component of the pawn service charge shall be deemed to be two percent of tne amount
financed for each 30-day period in a pawn transaction. The pawnbroker may charge any amount of
pawn service charge, so long as the total amount, inclusive of the interest component, does not
exceed 25 percent of the amount financed for each 30 day period in a pawn transaction, except that
the pawnbroker is entitled to receive a minimum pawn service charge of S5.00 for each such 30-day
period.
(b) The default date of any pawn may be extended to a subsequent date by mutual agreement between
the pledgor and the pawnbroker; except the pawnbroker may not impose a minimum duration of
more than 30 days, evidenced by a written memorandum. a copy of which must be supplied to the
• pledgor: which must clearly specify the new default date, the pawn service charges paid for the
extension, and the pawn services charges owed on the new default date. in this event, the daily
pawn service charge for the extension shall be equal to the pawn service cnarge for the original 30-
day period divided by 30 days (i.e., 1/30 of the original total pawn service charge). There is no limit
on the number of extensions the parties may agree to.
(c) The total amount of pawn service charges that a pawnbroker may collect in 'the case of pledged
goods redeemed at any time within 30 days after the date of the pawn is the amount provided in
subsection (a) of this section. The total amount of pawn service charges that a pawnbroker may
coiiect in the case of redemptions occurring at any time more than 30 days after the date cf the pawn
is twice the amount provided in subsection (a) of this section: except that. for redemptions occurring
more than 60 days after the date of the pawn, pawn service charges continue to accrue from and
after the 60`r day at the daily rate determined as provided in subsection (b) of this section. Any
unused pawn service charge paid in advance by the piedgor shall be refunded by the pawnbroker.
(d) Pledged goods may be redeemed by mail by agreement between the pledgor and the pawnbroker.
The pledgor must pay in advance all moneys due and a reasonable charge assessed by the
pawnbroker to recover its cost and expenses involved in the packaging_ insuring and shipping of the
pledged goods. if the pawnbroker insures the pledged goods in an amount not less than the amount
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advanced to the pledgor in the pawn transaction, the pawnbroker's liability for loss or damage in
connection with the shipment of such pledged goods is limited to the amount of the insurance
coverage obtained.
(e) Any interest, charge or fees contracted for or received, directly or indirectly, in excess of the amounts
authorized under this section are prohibited may not be collected, and render the pawn transaction
voidable, in which case the pawnbroker shall forfeit the right to coilect twice the amount of the pawn
service charge contracted for in the pawn and, upon the pledgor's written request received by the
pawnbroker within 30 days after the maturity date, shall be obligated to return to the pledgor the
pledged goods delivered to the pawnbroker in connection with the pawn upon payment of the
balance remaining due. provided that there shall be no penalty for a violation resulting from an
accidental and bona fide error that is corrected upon discovery. Any action to circumvent the
limitation on pawn service charges collectible under this section is voidable. If a pledgor makes a
partial payment on a pawn that reduces the amount financed, any additional pawn service charges
shall be calculated on the remaining balance of the original amount finances.
Sec. 11 2726.10. - Prohibited acts.
A pawnbroker. or ar employee or agent of a pawnbroker, may not:
(a) Falsify or intentionally fail to make an entry of any material matter in a pawnbroker transaction
form.
(b) Refuse to allow the agency, the appropriate law enforcement official, or the state attorney, or
any of their designated representatives having appropriate jurisdiction, to inspect completed
pawnbroker transaction forms or pledged or purchased goods during the ordinary hours of the
pawnbroker's business or other time acceptable to both parties.
(c) Obliterate, discard or destroy a completed pawnbroker transaction form sooner than three years
after the date of the transaction.
(d) Accept a piedge or purchase property from a person under the age of 18 years.
(e) Make any agreement requiring or allowing the personal liability of a pledgor or the waiver of any
of the provisions of this section.
(f) Knowingly enter into a pawn or purchase transaction with any person who is under the influence
of alcohol or controlled substances when such condition is apparent, or with any person using
the name of another or the registered name of another's business.
(g) Conduct any pawn or purchase transaction at a drive-through window or similar device in which
the customer remains in a vehicle while conducting the transaction
(h) Fail to return or replace pledged goods to a pledgor upon payment of the full amount due the
pawnbroker unless the pledged goods have been placed under a hold order under section 1-`--
2.-4.1-26 14 taken into custody by a court or otherwise disposed of by court order, or lost or
damaged.
(i) Sell or otherwise charge for insurance in connection with a pawn transaction, except in
connection with the shipment of pledged goods redeemed by mail as provided in section
X11-26.9
(j) Engage in title loan transactions at a licensed pawnshop location.
(k) Lease pledged goods to the pledgor or any other party.
•
(I) Knowingly hire anyone to work in a pawnshop who has been convicted of, or entered a plea of
guilty or nolo contendere to, or had adjudication withheld for a felony within the last five years.
or been convicted of or entered a plea of guilty or nolo contendere to: or had adjudication
withheld for a crime within the last five years which involves theft, larceny, dealing in stolen
property, receiving stolen property. burglary, embezzlement, obtaining property by false
pretenses, possession of altered property, or any fraudulent, or dishonest dealing. •
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(m) Knowingly accept or receive misappropriated property from a conveying customer in a pawn or
purchase transaction
Sec. 11-2-72.6.11. - Right to redeem; iost pawnbroker transaction form.
(a) Only a piedgor or a piedgor's authorized representative is entitled to redeem the pledged goods
described in the pawnbroker transaction form; however, if the pawnbroker determines that the
person is not the original pledgor, or the pledgor's authorized representative, the pawnbroker is not
required to allow the redemption of the pledged goods by such person. The person redeeming the
pledged goods must sign the pledgor's copy of the pawnbroker transaction form, which the
pawnbroker may retain as evidence of the person's receipt of the pledged goods. If the person
redeeming,the pledged goods is the pledgor's authorized representative. that person must present
notarized authorization from the original pledgor and show identification to the pawnbroker and the
pawnbroker shall record that person's name and address on the pawnbroker transaction form
retained by the pawnshop. It is the pawnbroker's responsibility to verify that the person redeeming
the pledged goods is either the pledgor or the pledgor's authorized representative.
(b) if a piedgor's copy of the pawnbroker transaction form is iost, destroyed or stolen, the piedgor must
notify the pawnbroker in writing by certified or registered mail, return receipt requested, or in person
evidenced by a signed receipt; and receipt of this notice invalidates the pawnbroker transaction form
if the pledged goods have not previously been redeemed. Before delivering the pledged goods or
issuing a new pawnbroker transaction form, the pawnbroker must require the pledgor to make a
written statement of the loss, destruction or theft of the pledgors copy of the pawnbroker transaction
form. The pawnbroker must record on the written statement the type of identification and the
identification number accepted from the pledgor, the date the statement is given, and the number of
the pawnbroker transaction form that was lost, destroyed or stolen. The statement must be signed by
the pawnbroker or the pawnshop employee who accepts the statement from the pledgor. A
pawnbroker is entitled to a fee not to exceed $2 00 in connection with each lost, destroyed or stolen
pawnbroker transaction form and the taking of a property prepared written statement
(c) Sales tax is not due or collectible in connection with the redemption of pledged goods
(d) If pledged goods are lost or damaged while in the possession of the pawnbroker, the pawnbroker
may satisfy the piedgor's claim by replacing the lost or damaged goods with like kinds of
merchandise of equal value, with which the pledgor can reasonably replace the goods Such an offer
of replacement is a defense to any prosecution based upon the loss or damage of the goods
Sec. 11 272 6.12. - Pawnbroker's lien.
A pawnbroker .has a possessory lien on the pledged goods pawned as secunty for the funds
advanced. the pawn service charge owed, and the other charges authorized under this section, but not
for other debts due to the pawnbroker. A pawnbroker has no recourse against a pledgor for payment on a
pawn transaction except for the pledged goods themselves. Except as otherwise provided in this section,
the pawnbroker must retain possession of the pledged goods until the lien is satisfied or until the'default
date. The pawnbroker may be compelled to relinquish possession of the pledged goods only after receipt
of the applicable funds advanced plus the accrued service charge and other authorized charges. upon
court order; or as otherwise provided by law.
Sec. 114 .26.13. -Claims against purchased goods or pledged goods held by pawnbrokers.
(a) To obtain possession of purchased or pledged goods held by a pawnbroker that a claimant claims to
be misappropriated. the claimant must notify the pawnbroker by certified mail, return receipt
requested, or in person evidenced by signed receipt, of the claimant's claim to the purchased or
pledged goods. The notice must contain a complete and accurate description of the purchased or
pledged goods and must be accompanied by a legible copy of the applicable law enforcement
agency's report on the misappropriation of such property. If the claimant and the pawnbroker do not
resolve the matter within ten days after the pawnbroker's receipt of the notice, and if the pledged
goods are not under a hold order under section 11-27.14, the claimant may petition the court to order
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the return of the property, naming the pawnbroker and the conveying customer as a defendant, and
must serve the pawnbroker and the'conveying customer with a copy'of the petition The pawnbroker
shall hold the property described in the petition until the right to possess,on is resolved by the.parties
or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recover
the property, and the sheriff shall waive the service fees
(b) If after notice and a hearing the court finds that the property was misappropriated and orders the
return of the property to the claimant:
(1) The claimant may recover from the pawnbroker the cost of the action, including the claimant's
reasonable attorney's fees and •
(2) If the conveying customer is convicted of theft. a violation of this section or dealing in stolen
property, the court shall order the conveying customer :o repay the pawnbroker the full amount
the conveying customer received from the pawnbroker for the property, plus all applicable pawn
service charges. As used in this paragraph. the term "convicted of' includes a plea of nolo
contendere to the charges or any agreement in which adjudication is withheld; and
(3) The conveying customer shall be responsible to pay all attorney's fees and taxable costs
incurred by the pawnbroker in•defending a replevin action or any other civil matter 'wherein it is
found that the conveying customer was in violation of this paragraph.
(c) If the court finds that the claimant failed to comply with the requirements in subsection (a) of this
section or otherwise finds against the claimant. the claimant is liable for the defendant's costs,
including reasonable attorney's fees.
(d) The sale, pledge or delivery of tangibie personal property to a pawnbroker by any person in this city
is considered to be:
(1) An agreement by the person who sells, pledges or delivers the tangible personal property that
the person is subject to the jurisdiction of the court in all civil actions and proceedings arising
out of the pledge or sale transaction filed by either a resident or nonresident plain tiff
(2) An appointment of the secretary of state by any nonresident of this state as that person's lawful
attorney and agent upon whom may be served ail process in suits pertaining to the actions and
proceedings arising out of the sale, pledge or delivery; and
(3) Any agreement by any nonresident that any process in any suit so served has the same legal
force and validity as if personally served in this state.
Sec. 114125.14. - Hold orders; issuance; required information; procedures,
(a) Placing of hold order. When a law enforcement officer has probable cause to believe that property in
the possession of a pawnbroker is misappropriated;the law enforcement officer may place a written
hold order on the property. The written hold order may impose a holding period not to exceed 90
days unless extended by court order. The law enforcement agency may place only one hold order on
property. •
(b) Expiration. Upon the expiration of the holding period, the pawnbroker may notify. n writing, the
appropriate law enforcement official by certified mail, return receipt requested, that the holding period
has expired. if,'on the 10`.. day after the written notice has been received by the appropriate law
enforcement official, the pawnbroker has not received from a court an extension of the hold order on
the property, title to the property shall vest in and be deemed conveyed by operation of Jaw to the
pawnbroker. free of any iiabiiity for claims but subject to any restrictions contained in the pawn
transaction contract and subject to the provisions of this section.
(c) Contents. A hold order must specify.
(1) The name and address of the pawnbroker •
• (2) The name, title and identification number of the representative of the law enforcement agency
or the court placing the hold order.
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(3) If applicable, the name and address of the law enforcement agency or court to which such
representative is attached and the number. if any. assigned to the claim regarding the property.
(4) A complete description of the property to be held. including model number and serial number if
applicable.
(5) The name of the person reporting the property to be misappropriated.
(6) The mailing address of the pawnbroker where the property is held.
(7) The expiration date of the holding period •
(d) Receipt. The pawnbroker or the pawnbrokers representative must sign and date a copy of the hold
order as evidence of receipt of the hold order and the beginning of the 90-day holding period.
•
(e) Release or disposal of property.
(1) Except as provided in subsection (e)(2) of this section; a pawnbroker may not release or
dispose of property subject to a hold order except.pursuant to a court order. a written release
from the chief of police, or the expiration of the holding period of the hold order.
(2) While a hold order is in effect the pawnbroker may release the property subject to the holder
order to the custody of the law enforcement official for use in a criminal investigation. The
release of the property to the custody of the law enforcement official is not considered a waiver
or release of the pawnbroker's property rights or interest in the property. Upon compietion of the
criminal investigation, the property must be returned to the pawnbroker unless the court orders
other disposition. When such other disposition is ordered, the court shall additionally order the
conveying customer to pay restitution to the pawnbroker in the amount received by the
conveying customer for the property together with reasonable attorney's fees and costs.
Sec. 11-X26.15. Injunctions.
When the city has reasonable cause to believe that a person is violating this section, the city may
enter an order requiring the person to stop the violation. The city may petition the court to enjoin the
person from engaging in the violation. continuing the violation. or doing any act in furtherance of the
violation. The court may order a preliminary or permanent injunction
Sec. 11-7-26.16. -Confidentiality.
All records relating to pawnbroker transactions delivered to the appropriate law enforcement official
pursuant to this section are confidential and exempt from the provisions of Fla..Const.; art. i, § 24(a), and
F.S. § 119.07(1) and may be used only for official law enforcement purposes This section does not
prohibit the disclosure by the appropriate law enforcement officials of the name and address of the
pawnbroker. the name and address of the conveying customer, or a description of pawned property to the
alleged owner of pawned property.
Sec. 11-2725.17.- Enforcement.
(a) Enforcement of this section shall be by the police department_ Upon conviction, violators may be
subject to penalties provided in section 1-14 Violations of this section that also constitute criminal
violations of F.S. ch. 539 may be punished as provided in F.S. § 539.001(17).
(b) Additionally. violators may be subject to certificate of use revocation procedures as set forth in
section 11-16 and suits for injunctive relief.
Sec. 11 2827. -Same—Buying or receiving from minors.
It shall be unlawful for the operator of any secondhand jewelry store. or for any pawnbroker,junk
dealer-or secondhand dealer, to buy, take or receive by any. way of.pledge, pawn or exchange..any
goods, wares or merchandise or article of personal property of any kind from any person under the age of
18 years.
•
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Secs..11-2 28-11-33. -Reserved.
Sec. 11-34. - Body art code.
- - -- - -=.e.- - - .3 County 4-leaith Department Body Art Code.
; • - •- _ - - - e -- - _•-"}e d i ng-sectior-43-{-Temperar}a 41-4+ie- ehi
.. _. • "
E. _ _ _ „ -• ---(Mobile `-+s-a#-a he4 le-Ordnance No. 2D00 0
'11 as xhibit "A" A\ copy of said body-awe--son file in the offse.-e€ thecity clerk..-A .
-• e ••-- _ __- --cor:c within tha city shall be-earf'ed -sat t
interlesal-agreement --cntcre44- - _- =- - - - - Velusia-Count aFP- ohea-rta Ordinar e Ne
2000-0.46--as-e-xh+bit- W -Th -r-eclt icemen ts-of—the—body_-a-Ft.onde...soati..appl y_4n.addition--ta-any- tier
resi-kil•Fecnent-s-of state-and-local k-tom regoiremerts of.the city c -i nd-the
--e t- - _.•--• __'_y ees-of-the--city. By will [way] of illustration-ate-not- limitation, Ordinance Ns.
2000 11 shall be deemed--tont have-any effect _ - : - - -
0 i
occupational licenses.
.
(Ord No. 2000 O 11, Pt. A. 5 22 00; Ord- No. 2000 O 16, Pt. A, 8 7404 •
Sec. 11 31.1. Definition-s.
The following, terms and phrases. when used in sections 11 31 through 11 34.6, shall have the
•
4ea•Fing-efrioec means the city manager or his!her designee.
•
11 31.0.
-- •••-• - •-• - - e - - - •- - .• -- . -- _ -- body art code to obtain any of
the pe mits described thcrcie
. hie. 2000 O 11, Pt. A, 5 22 00)
Sec. 11 342. Permit application, issuance and denial.
is taker from a decision to' deny a - ___ __ _ - _ •_ .be deemed final and conclusive
- (Ord. No. ^lett t r •r tte`
Scc. 11 34.3. Provisional orders.
The .permitting officer _ •- . -- _• . _ _-- _ . _ _ _ . _ - _ -a
per•• •-- •- -- e• - e-- - - !. _ •._ 7. - code
• specific violations with which he/she °s charged. • - -
(2) The provisional order shall =nolude a compliance date, which shall give a reasonable tame to
• corrected by the compliance date and appeal is not taken as provided for in Ordinae -Ala,•
_ ! - . . - - - - - -- - - -- - -- •- a#+nal erd
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{3) If the ,person to whom a revisienal order-is-issued fails ,o file a, timely appeal 3r,d I ai s fo
pomp+ - - . - - -• -;fir-the co ance-fie, the provisiond cider
shall beeeme-f. and croncluc tie wv=? out-ne•?d#ef4u4h-cr action. i. •
1 4
anal orders •• de •ria.. 1 1 34.4 of this chapb.
{�}---,F4ppea4s-e •s;�-�T:.�-�-- ;=�;;•-�t+r� section r
(G,d.'No.-OEC-. Pt. A. 5 22 0C)
Sec. 11 34-A. Appeals and hearings.
•
-- _ •-- e - - - -- ' • `e e , - • w .. Ii have the-kigft to
-- - . •-- e -• - • F • _- . -- _ • - „ _
w`aorn a orovicional order has been served s'a have the right,to appeal tic
• • .'• . _ • _. .- heri dok eyed to the office of he city
+tanager.
..e) CI . _ .. '. •- -e e•-. •- ' __ - -__. of the-decisio^ or order apacoled `.rem and
_r .-- •_• _ -- -• - -- , • the time of filing any appeal, a copy of such appeal-shelf- filed
.. ytha ppeella t-°with the perm•#•-ems
(2) .:arrng. The hearing officer shall establish a date, time and place -- _ -- _ -' - '- •
-
:rva a written notice on the appellant informing him/her of the hearing. The hearing officer shall a o
• ve written notice to the permit officer, and such officer shall be entitled to appear and defgnd the
(3) Dec. .
•
The hearing-officer shall have authority to uphold the provisional order--te extend t.-e tine fos
Compliance with the provisional order, to grant a new h aring data-, or to chance. -nd+fy--cam
r:ecind any provisional orde .
T-- --- . - - - - - - _ ^ll be served-.e ,the appellant
- ' e.-2000 0 11, 14-A44244)
•
Sec. 11 34-5. Notice. •
•
• = - - e - . . _ ... . • - - - - - 'o the 'ersor.
for - - ` -- _ - , _ . •- _- . • e --•e e. --, In the absence of the person to Whom a
-- ' ---> -•e -- e- -e•' .-- aF-employee, notices shall be deemed effective when
affixod to some structure on the premises. For notices related to permit app!icatiens. notice snah
the application for permit, co long as the addr es used is-the address- e e ;e• " . . - _
application; as appropriate- •
-
3r - No. 2000 O 11: Pt.A. 5 22 00)
Sec. 11 31.6. Penalties.
Any person convicted of violating _ e •_• _ _ _• _• • .e• _ - :- -- --
Secs. 1135 1145. Reserved.
F.S. SECTIONS 381.00771-381.00731,The practice of Tattooing, is hereby adopted, in its entirety.as i
fully set forth herein, as part of the Code of Ordinances of the city.
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