2017-O-02 ORDINANCE NO. 2017-0-02
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS) TO
INCLUDE DISPENSING FACILITIES IN SECTION 11-7
(BUSINESS TAX SCHEDULE) OF THE CODE OF
ORDINANCES; 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 been
amended from time to time for consistency with current state laws and codes.
2. The Electors of the State of Florida passed Amendment 2 during the
November 8, 2016 general election approving the distribution of medical cannabis.
3. Section 11-7 (Business Tax Schedule) will now include a category under
"Professional" called Dispensing Facilities and require a license from the Florida
Department of Health.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS) SECTION 11-7 (BUSINESS TAX
SCHEDULE) OF THE CODE OF ORDINANCES;
Chapter 11 (Business Tax Receipts and Business Regulations), Code of
Ordinances, City of Edgewater, Florida is hereby amended as set forth in Exhibit
"A", which is attached hereto and incorporated herein.
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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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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.
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 re-lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilman Conroy, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on March 6,2017, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
After Motion to approve by "(, LCZtt with
Second byd_1 r �lQ2� =- , the vote on the second reading/public
hearing of this ordinance held on April 3, 2017,was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power N
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T.Conroy �+
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PASSED AND DULY ADOPTED this 3rd day of April,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Lvzhdt By:A:114C.
Robin Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of
legality by: Aaron R. Wolfe, Esquire April, 2017 under Agenda Item No. 8 Q.. .
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT"A"
Chapter 11-BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS
ARTICLE I.-IN GENERAL
Sec.11-1.-Persons subject to tax.
A business tax for the privilege of engaging in or managing any business, profession or
occupation within the city is hereby levied on the following persons:
(1) Any person who maintains a permanent business location or branch office within the
city for the privilege of engaging in or managing any business within the city.
(2) Any person who maintains a permanent business location or branch office within the
city for the privilege of engaging in or managing any profession or occupation within
the city.
(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 is 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
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occupation in the unless he holds a current business tax receipt to do
business,profession or cit•y
so, which receipt shall be issued by the city 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 elerle 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
payable 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 annual business tax shall be paid_Bbusiness 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.
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(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 penalty 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 civil actions and
penalties, including court costs, reasonable attorney's fees, additional administrative costs
incurred as a result of collection efforts and a penalty of up to$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 or
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 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 less 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 to 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 snail
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.
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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 >n/c
(b) 3 to 10 rental units.....28.94
(c) 11 to 20 rental units 57_89
(d) 21 to 30 rental units 86.82
(e) 31 to 40 rental units 115.76
(f) Each additional unit 23.15
License must be taken out for all rental units whether used or unused. (Does not permit
dining room without restaurant license).
(3) Addressing, mailing or duplicating 40.52
(4) Advertising agency or trade inducement company 69.46
(5) Agents or agencies:
(a) Collection agency 86.82
(b) Credit reporting 57.89
(c) Booking agents 57.89
(d) Employment 57.89
(e) Private detective detective agency(must register with police department) 86.82
(f) Travel agents 86.82
(g) Security agency 86.82
(h) Mortgage broker 86.82
1. Each additional 28.94
2. Stocks and bonds 86.82
(i) Other 46.31
(6) Alcoholic beverages, spirits, beer and wine(under state supervision),state license required
n/c
(7) Ambulance service(not connected with hospital or funeral home).....81.04
(8) Animals
(a) Kennel,state license required 81.04
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(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 to 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
(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
(17)Ball, concerts, parades, carnivals, circus, exhibitions (special activities)_fees/costs set
pursuant to the applicable fee resolution.
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(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
(t) 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 room without restaurant license)
(22)Boats for hire:
(a) Canoes,rowboats, motor boards boats, 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
(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
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(b) Radio 144.70
(c) Television 144.70
(26)Cabinet shop (manufacturer and installation) (not to exceed 3 employees); (Over 3
employees,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 144.70
(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 I and 2 and(F.S. §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.....5789
(f) Class A air conditioning contractor 57.89
(g) Class B air conditioning contractor 57.89
(h) Class C air conditioning contractor 57.89
(i) Mechanical contractor 57.89
(j) Commercial pooUspa contractor 40.52
(k) Residential pool/spa contractor 40.52
(1) 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 Il 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
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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
(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
(l) 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
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(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
(38)Distributors and home party sales
(Avon,Tupperware,Fuller brush,Amway,etc.) 28.94
(38a) _Entertainment(bands,orchestras,etc.) 28.94
(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,and mind readers.....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:
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(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
(b) Course
1. 9 holes 86.82
2. 18 holes 144.70
(c) Miniature golf 40.52
(50)Hazardous materials 28.94
(51)Health fitness centers 57.89
(52)Hospitals, sanitariums, nursing homes, and congregate living, operated for profit, state
license required:
(a) 1 to 5 beds 40.52
(b) 638 to 12 beds.....81.04
(c) 13 to 20 beds 115.76
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(d) Each additional bed 5.79
(License must be taken out for all beds whether used or unused)
(53)Housecleaning andjarritettal 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.....2894
(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, including residences, bank stock, bonds and securities, safe
toefglaFy safety desposits 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
2. Fire insurance companies 40.52
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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.....14470
(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 described are required to cover this
operation by taking out a manufacturer's license as follows:
(Factory,permitted to manufacture and sell the products manufactured,employees include owner
and operators actively engaged in such business.
(a) Not to exceed 3 employees(assemblage) 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
(59)Meat,fish and poultry products,packinghouses or storage.....86.82
(60)Merchandise man(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$30,000.00 86.82
(e) Stock from$30,001.00 to$50,000.00 137.81
(f) Stock from$50,001.00 to$100,000.00 173.65
(g) Stock from$100,001.00 and over 202.59
(62)Merchants—Jobbing,. wholesaling or distributing, provided license shall permit but one
location when average stock of goods carried is as follows:
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(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
(e) Stock from$75,001.00 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 complete and true record of all transactions
showing from whom the article was taken or purchased and to whom sold, which shall at all
times be subject to inspection by the police department to the city, one copy of daily records
being delivered to the police department. Violations of this subsection shall be punished by fine
or imprisonment(See sections 11-26 and 11-27,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)
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SII
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(1) Riding school or academy
(m) Trade
(n) Other
(70)Reserved
(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
(d) Architects
(e) Astronomers
(0 Attorneys,state license required
(g) Auditors,state license required
(h) Chemists,state license required
(i) Clinic labs,state license required
(j) Computer consultant,
(k) Drafting
(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 eesteFs doctors,state license required
(u) Naprapaths,state license required
(v) Opticians,state license required
(w) Optometrists
(x) Osteopathic physicians,state license required
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(y) Pharmacists(exempt F.S.205.196),state license required
(z) Physicians,state license required
(aa)Photographers
(bb)Pilots
(cc)Podiatrists,state license required
(dd)Private instructors
(ee)Secretary ies
(ff) Security(must register with police department)
(gg)Therapists
(hh)Tree surgeons
(ii) Veterinarians state license required
(jj) Taxidermists&state license required
(kk)Bondsman,(state license required)
1. Each agency 86.82
2. Each agent.....28.94
(11) Dispensing Facilities(Florida Department of Health license required) Formatted:Normal,Justified,Indent:Left
0.3",Hanging: 0.3",Space After: 6 pt
(4lmm) All other professions 86.82
(72)Real estate or rental agency, state license required:
(a) With one person designated as broker.....40.52
(b) Each additional salesperson 28.94
(No license issued until state registration certificate is presented.)
(73)Recording studios 57.89
(74)Refuge hauling and recycling, for profit, (by authority of the city council fees also
determined by council)
(75)Rental(equipment&video) 57.89
(76)Restaurant, 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)
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(77)Rinks 86.82
(78)Sawmills 86.82
(79)Service:
(a) Mail order 40.52
(b) Parcel packing 40.52
(c) Telephone answering services 40.52
(d) Telemarketing 40.52
(e) Housesitting 28.94
(1) Chimney sweeper 28.94
(g) Other 40.52
(80)Shooting galleries 57.89
(Must be arranged and located as to be entirely safe and not a nuisance to adjoining property and
approved by the city council and the police department.)
(81)Shows, carnivals, parades, concerts fee/costs set pursuant to the applicable fee resolution
(special activities)
(82)Storage warehousing 86.82
(a) Boat houses or boat yards(keeping or storing).....28.94
(b) Garage and storage and parking for all types of vehicles.....40.52
(83)Swimming pools(public) 40.52
(84)Telegram companies 57.89
(85)Telephone companies: .....57.89
(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)
(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
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(88)Transportation:
(a) Chauffeurs,taxis,limousines or motor vehicles for hire:
1. Ito 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
(89)Trucking companies(freight):
(a) Each truck 28.94
(90)Unclassified 57.89
(91)Utilities 144.70
(92)Vendors,concession mobile,health permit required 40.52
Sec. 11-8.-Punishment for violation.
If any person is in violation of any provision of this chapter said person shall,in addition to
any penalties herein prescribed,upon conviction thereof,be subject to punishment as provided in
section 11-7.
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 of use for eaen each location or premise. Certificates of use shall not be issued
until a new business inspection is completed at the location or premise and found to comply
with all requirements of the code of the city and all applicable laws and regulations.
Whenever any business,profession, occupation trade,amusement or industry shall fail fall 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 shall not be required to
obtain more than one certificate of use. Each classification or use shall be indicated on the
certificate of use as appropriate.
(b) Prior to the issuance of a home occupation certificate of use, an applicant shall be required
to sign an affidavit stating compliance with all matters as may be required by the land
development code. Any action contrary to the terms of such affidavit shall be subject to
enforcement against the violator in the manner provided by 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
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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, will 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.
(0 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 following terms,phrases,words and their derivations shall
have the meanings given herein.
Business shall mean all kinds of vocations, occupations, professions, enterprises,
establishments, and all kinds of activities and matters, together with all devices, machines,
vehicles and appurtenances used therein,any of which are conducted for private profit or benefit,
either directly or indirectly.It shall not include the customary religious,charitable or educational
activities of nonprofit religious,nonprofit charitable and nonprofit educational institutions in the
city,which institutions are more particularly defined as follows:
(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
P
courses of study required for accreditation by or membership in the southern association
of colleges and secondary schools, department of education or the Flenda Florida
Council of Independent Schools.Nonprofit libraries,art galleries and museums open to
the public are defined as educational institutions and eligible for exemption.
use shall mean the method bywhich the citygrants approval for any business
Certificateof PP
to occupy any office building, industrial or commercial building, apartment building or hotel,
upon inspection of the premises and proof of compliance with all requirements of the Code of the
City of Edgewater and all applicable laws and regulations.The term "business" shall include for
purposes of certificate of use only, any nonprofit religious, nonprofit charitable and nonprofit
education institution.
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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 any fees which are of a regulatory nature which shall be in addition to and not in
lieu of any city business tax imposed under the provisions of this article.
Classification shall mean the method by which a business or group of businesses are
identified.
Home 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 land 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 all zoning regulations, Life Safety Code
requirements,proper tenant separations,and all applicable city,county and state regulations.
Person shall mean any individual, firm, partnership, 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"
shall not include those persons who are required to obtain a tax under a regulatory statute,but are
prohibited from engaging in a profession, business or occupation unless under the direct
supervision of another person. A professional taxed shall not relieve the person 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
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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. lin the event that
September 30 falls on a weekend or holiday the fee shall be due and payable on or before
the first working day following September 30.
(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 fact 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 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
compliance with this article by their principals and of the businesses they represent.
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(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 used for the operation of that business.
Sec. 11-11.2.-Administrative fees;reprint,reinstatement,duplicate 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$7.00 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.
(a) The licensing authority shall collect all business taxes and shall issue certificates of use and
business tax receipts in the name of the city to all persons qualified under the provisions of
this article and shall:
(1) Promulgate and enforce all reasonable rules and regulations necessary to the operation
and enforcement of this article,with the approval of the city council.
(2) Adopt all forms and prescribe the information to be given therein as to character and
other relevant matters for all necessary papers.
(3) Require applicants to submit all affidavits and oaths necessary to the administration of
this article.
(4) 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.
(5) Investigate and determine the eligibility of any applicant for a certificate of use and
business tax receipt as prescribed herein.
(6) 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.
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(b) The licensing authority shall perform all functions designated by the director of
development services to ensure enforcement and carry out the provisions of this article.
Sec.11-11.4.-Duties of tax payers.
(a) General 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 all laws and 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. 11-11.6.-Scope of tax;tax obtained by false statements void ab initio.
(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 shall be
considered as void ab initio and shall not protect the holder thereof from prosecution for
transacting business without a tax.
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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 be 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 building 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
reinspection 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
b. 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
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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. At the end of such period of suspension or revocation the
owner/applicant 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 owner/applicant 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 all 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;failure to obtain;penalty.
Any person who violates the provisions of this article or otherwise fails to obtain or allows
to expire the certificate of use as required by this article shall be subject to prosecution in the
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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 laws which require certificates,taxes or permits, or provide for the collection of certificate,
business tax receipt and permit fees,and other charges:and no certificate of use issued hereunder
shall exempt the certificate of use holder from any other certificate,taxed,permit;or fee 0f40*
required by law,or compliance with all applicable ordinances,rules and laws.
Sec. 11-15.-Schedule of certificate of use fees.
Certificate of use fees are as follows:
Original certificate of use:
Residential: $31.50
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 health, safety or welfare, and it is
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.
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(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 II.-MISCELLANEOUS TAXES AND REGULATIONS
Sec. 11-20.-Excise tax on insurance companies—Casualty risk insurance.
(a) There is hereby assessed, imposed and levied 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.
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 premiums 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.
Secs. 11-21-11-25.-Reserved.
Sec.11-26-Pawnbrokers.
Sec.11-26.1.-Definitions.
As used in this section,the term:
Agency means the department of agriculture and consumer services.
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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 law 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 stolen,embezzled,converted,or otherwise wrongfully appropriated
against the will 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 has 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 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 purchases as provided in section 11-26.5.
Pawn service charge means a charge for investigating the title 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.
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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 all
applicable recordkeeping, reporting, and retention requirements pertaining to goods sold or •
otherwise delivered to a pawnbroker.
Person means an individual, partnership. corporation, joint venture, trust, association, or
other legal 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,abases-in actien,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.
Sec.11-26.2.-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
owner/applicant 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,in 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 or renewing 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 for license.
(a) To be eligible for a pawnbroker's certificate of use,an applicant must:
(I) 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 aired injured by the fraud,misrepresentation,breach
of contract, financial failure or violation of any provision of this section by 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, out 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 nolo contendere tor; 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 nolo
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 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 nolo contendere tor; 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, and not be acting as a beneficial owner for someone who has been
convicted, of, or found guilty of:, or pled guilty or nolo 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 nolo contendere toiregardless of
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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 applicants 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 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. 11-26.4-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 full 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. 11-26.5.-Pawnbroker transaction form.
(a) At the time the pawnbroker enters into any pawn or purchase transaction,the pawnbroker
shall 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:
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a. Brand name.
b. Model number.
c. Manufacturer's serial number.
d. Size.
e. Color,as apparent to the untrained eye.
f. Precious metal type,weight and content,if known.
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.
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.
(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. The maturity date of the pawn which must be 30 days after the date 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 fele paid to redeem the
pledged goods on the maturity date, which must be designated as the total 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 30th
day is not a business day, then the following business day, is automatically
forfeited to the pawnbroker,and absolute right,title, and interest in and to the
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property vests in and is deemed conveyed to the pawnbroker by operation of
law,and no further notice is necessary;
2. The pledgor is not obligated to redeem the pledged goods;;and
3. If the pawnbroker transaction form is lost, destroyed, or stolen the pledgor
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 pledgor or seller of the item represents and warrants that it 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 imprint of 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
pledgor or seller an exact copy of the completed pawnbroker transaction form.
Sec. 11-26.6-Hours of operation.
No pawnbroker shall engage in or conduct business as a pawnbroker between the hours of
12:00 midnight and 6:00 am.
Sec. 11-26.7.-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. 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 criminal investigation occurs;the 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
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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 pledgor's attorney in fact.
Sec. 11-26.8.-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 30th 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. 11-26.9.-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 snail shall be deemed to be two percent
of the amount financed for each 30-day period in a pawn transaction.The pawnproker 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$5.00 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 charge 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 collect in the case of redemptions occurring at any time more than 30 days
after the date of 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 60th day at the daily rate determined as
provided in subsection(b)of this section.Any unused pawn service charge paid in advance
by the pledgor shall be refunded by the pawnbroker.
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(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 advanced to the pledgor in the pawn transaction, the
pawnbrokers 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 collect
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 financed.
Sec.11-26.10.-Prohibited acts.
A pawnbroker,or an 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 pledge 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.
(t) 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
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under section 11 26 14 11-26.14 or 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
11-26.9.
(j) Engage in title loan transactions at a licensed pawnshop location.
(k) Lease pledged goods to the pledgor or any other party.
(1) 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.
(m) Knowingly accept or receive misappropriated property from a conveying customer in a
pawn or purchase transaction.
Sec. 11-26.11.-Right to redeem;lost pawnbroker transaction form.
(a) Only a pledgor or a pledgor'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 pledgors authorized representative.
(b) If a pledgors copy of the pawnbroker transaction form is lost, destroyed or stolen, the
pledgor 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 pledgor's 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
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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 pledgor'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.11-26.12.-Pawnbroker's lien.
A pawnbroker has a possessory lien on the pledged goods pawned as security 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. 11-26.13.-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
pawnbrokers 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 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 possession 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 returnof 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 to repay the pawnbroker
the full amount the conveying customer received from the pawnbroker for the property,
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1
plus all applicable pawn service charges.As used in this paragraph,the term"convicted
of' includes a plea of nob 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 tangible 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 plaintiff;
(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 all 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. 11-26.14.-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, in
writing,the appropriate law enforcement official by certified mail,return receipt requested,
that the holding period has expired. If, on the 10th 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 law to the pawnbroker free of any liability 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 pawnbroker's 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(eX2)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 completion 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. 11-26.15.-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. 11-26.16.-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.
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Sec.11-26.17.-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.11-27.-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.
Sec.11-28.-Reserved.
Secs. 11-29-11-33.-Reserved.
Sec.11-34.-Body art code.
F.S. SECTIONS 381.00771-381.00791,The practice of tattooing, is hereby adopted, in its
entirety,as if fully set forth herein,as part of the Code of Ordinances of the city.
Secs. 11-35-11-45.-Reserved.
ARTICLE III.-PRECIOUS METAL DEALERS
Sec.11-46.-Purpose.
The purpose of this article is to set forth regulations governing the purchase and disposition
of personal property made of precious metals by dealers within the city.
Sec.11-47.-Definitions.
As used in this article unless the context otherwise requires:
Bullion coins shall mean fungible coins with intrinsic value greater than the numismatic
value.
Dealer shall mean any person engaged in the business of purchasing or selling at retail or
wholesale or otherwise dealing in any old, used or secondhand precious metals of any kind or
description,whether with a fixed place of business or as an itinerant.
Precious metal shall mean gold,silver or platinum.
Sec. 11-48.-Register of transactions.
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(a) Any person engaged in business as a dealer shall keep a register in connection with his
business, said register to be approved as to type and form by the Chief of Police of
Edgewater, Florida, and at the time of each transaction shall enter or cause to be entered
therein an accurate description of the person from whom any article of personal property
made of precious metal is purchased or received, and shall include in the description, but
[the description shall] not [be] limited to, the name, date of birth, sex, race, place of
residence and driver's license or, if none, other government identification numbers of the
person, together with an accurate description of any article of personal property made of
precious metal so purchased or received, which description shall contain any mark, brand,
monogram,hallmark, word or letters which may be engraved,stamped,etched or otherwise
permanently marked upon the article.The description of bullion coins shall be adequate if it
provides the total dollar amount of each denomination.The register shall at all times be kept
open and available for the inspection and examination of the Chief of Police of Edgewater,
Florida,or any other person authorized by the chief of police to inspect the register.
(b) Any and all persons engaged in business as a dealer shall,in keeping the register required in
subsection(a)above, take the following precautions to insure the accuracy of the personal
identification required:
(1) Require the customer, as a condition to the purchase, to sign his name on the
registration form.
(2) Require reasonable proof of identity which would include but not be limited to display
of a driver's license or other governmental identification cards or certificates.
(c) It shall be unlawful for any customer to give or display false identification to the dealer or to
sign a false name.
Sec. 11-49.-Disposal within ten days of receipt prohibited.
(a) Except for the exempt transactions hereinafter provided, no articles of personal property
made of precious metals shall be sold,melted,altered or otherwise disposed of by any dealer
until ten days have elapsed from the time the chief of police has had made available to him a
copy or transcript of the register in which such articles of personal property made of
precious metals are entered, and said articles shall not be transferred from within the city
during said ten-day period of time.
(b) The following transactions shall be exempt from the provisions of subsection(a)above:
(1) Coins repurchased by a dealer, provided the dealer repurchases from the same person
and maintains a record of the prior sale and the repurchase.
(2) The purchase of bullion coins.
(3) Transactions between dealers, provided the article has been registered in accordance
with this article and in the possession of any local dealer for the period set forth in
subsection(a)above.
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Sec.11-50.-Transcript of register to be made available to the chief of police.
All dealers shall, not later than 12:00 noon of each business day, make available to the
Edgewater Chief of Police or his representative, a full and complete copy or transcript of the
register in which is entered the transactions of the preceding business day as required by section
11-48.
Sec.11-51.-Dealing with minors prohibited.
It shall be unlawful for any dealer to buy,take or receive by way of purchase or exchange
any articles made of precious metals from any person under the age of 18 years.
Sec.11-52.-Arrangement of stock to facilitate inspection.
All articles of personal property made of precious metals purchased or received by dealers
shall remain attached to a copy of the bill of sale and be so arranged in stock as to enable the
stock to be inspected by the sheriffs department or any other person with such authority during
the period set forth in subsection 11-49(a)above.
Sec.11-53.-Penalty.
Any and each violation of any provision of this article shall be punished as provided in
section 1-8 of the City of Edgewater Code.
Secs. 11-54-11-60.-Reserved.
ARTICLE IV.-PEDDLERS,SOLICITORS,CANVASSERS AND ITINERANT
MERCHANTS
Sec.11-61.-Legislative findings and intent.
(a) The city council finds that panhandling may be startling, annoying, disturbing, and
disruptive to residents and businesses and may contribute to disorder and to the loss of
enjoyment of public places.
(b) The city council finds aggressive panhandling such as by detaining, impeding or unwanted
touching or intimidation which causes fear or apprehension in another person constitutes a
threat to the public health,safety,and welfare of the citizens of the city.
(c) The city council finds that panhandling may interfere with the safe access of pedestrian and
vehicular traffic into public areas, public buildings and public transportation which would
thereby constitute a threat to public health,safety and welfare.
(d) The city council finds that the presence of panhandlers in places that are difficult to avoid,
where citizens typically find it necessary to wait,or are confined areas,can enhance the fear
of crime.
(e) This article is intended to prevent and/or reduce the threat of crimes, to provide a safe and
pleasant environment within the city and to eliminate public nuisances within the city.
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(f) This article is intended to protect the privacy and peaceful enjoyment of citizens'homes and
businesses and to provide residents with information helpful to determine their response to
solicitors.
(g) This article is intended to protect citizens from the annoyance,disruption, and intimidation
associated with certain kinds of solicitation and is not intended to limit constitutionally
protected activity.
Sec. 11-62.-Definitions.
As used in this article,the following definitions shall apply:
Aggressive panhandling means:
(1) To approach or speak to a person while panhandling in such a manner as would cause a
reasonable person to believe that the person is being threatened with:
a. Imminent bodily injury;or
b. The commission of a criminal act upon the person or another person, or upon
property in the person's immediate possession.
(2) To persist in panhandling after the person solicited has given a negative response;
(3) To block,either individually or as part of a group of persons,the passage of a solicited
person;
(4) To touch a solicited person;or
(5) To engage in conduct that would reasonably be construed as intended to intimidate,
compel,or force a solicited person to accede to demands.
Canvasser or solicitor means any individual,whether a resident of the city or not,traveling
either by foot, vehicle or other conveyance from place to place taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property of any nature
whatsoever for future delivery, or for services to be furnished or performed in the future. The
canvasser or solicitor may carry or expose for sale a sample of the subject of such sale, or may
collect advance payment on such sales and may be considered any person who for himself or for
another person hires, leases, uses or occupies any building, structure, car, room, shop or any
other place within the city for the sole purpose of exhibiting samples and taking orders for future
delivery.This includes any person who,without invitation,goes upon private property to request
contribution of funds or anything of value or to sell goods or services for political, charitable,
religious or other noncommercial purposes.
Itinerant merchant or itinerant vendor means any person,firm,organization,corporation,or
other entity whether its owner, agent, consignee or employee,whether a resident of the city or
not, who engages in the stationary,temporary (not to exceed three months) business of selling
and delivering goods, wares and merchandise, i.e. holiday tree sales and pumpkin sales during
the fall season,within the city for the exhibition and sale of such wares or merchandise.The term
"itinerant merchant" also includes a business operator, on said operator's own property, when
said operator conducts activities in open spaces outside of an enclosed structure, including,but
not limited to, approved activities, the sale or display of goods and/or services not part of the
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normal business activities of that operator but encompassed by said city local business tax
receipt. Persons, firms or corporations so engaged shall not be relieved from complying with
provisions herein by reason of temporary association with or sponsorship by any local dealer,
trade, merchant or auctioneer,or by conducting such itinerant business with, as a part of, or in
the name of any local licensee. Notwithstanding anything to the contrary herein, the term
"itinerant merchant"shall also include business operators who conduct activities within enclosed
structures at flea markets operating during recognized events on days flea markets are not
normally operated with appropriate city approvals. Vendors registered by approved special
activity permits are excluded from this provision.
Panhandling means any solicitation made in person which,directly or indirectly,requests an
immediate donation of money, employment, credit, financial assistance,property or other thing
of value. Except as specifically provided for in this article, panhandling does not include
passively standing or sitting with a sign or other indication that a donation is being sought, but
without any vocal request other than in response to an inquiry by another person.
Peddler means any person, whether a resident of the city or not, traveling by foot, vehicle,
or any other type of conveyance from place to place carrying or transporting goods, wares and
merchandise; offering and exposing the same for sale or making sales and delivering articles
purchased; or who, without traveling from place to place, shall sell or offer the same for sale
from his or her person,or from any vehicle or conveyance.
Resident of the city means any person with a mailing or street address located within the
city,including temporary visitors,renters or boarders.
Right-of-way means land dedicated, deeded,used or to be used for a street,alley. walkway.
boulevard, drainage facility, access for ingress and egress, utilities or other purpose by the
public,certain designated individuals,or governing bodies.
Roadway means public or private roads falling into one of several categories, more
particularly defined as follows:
Expressway means a limited access facility of four(4)or more lanes designed primarily
for the high-speed movement of traffic.
Arterial means a facility of two(2)or more lanes designed primarily to serve as a major
access route to expressways and/or as a connector of subregions, intercounty and inter-city
vehicular movement. The main function is to move large volumes of vehicles(greater than
6,000 Average Daily Trips(ADT's).
Collector means roads of two(2)or more lanes designed primarily for traffic movement
within and between residential neighborhoods,commercial and industrial areas and all other
roads.
Cul-de-sac means a minor street with only one(1)outlet terminating at one(1)end with
a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property.Average daily trips are normally less than 1,000 vehicles.
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Marginal Access means roads which are parallel to and adjacent to arterial streets and
highways and which provide access to abutting properties and protection from through
traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one(1) property owner which is
dedicated to the public use and accepted for ownership and maintenance by the city council
or other regulatory public body,and includes any street right-of-way dedicated to the public
prior to,or at the time of,adoption of this Code.
Solicit, solicitation or soliciting means the act of requesting,directly or indirectly,expressly
or by implication,money,credit,property,financial assistance,information or any other thing of
value either in return for goods or services,or for an order for either goods or services,or as a
contribution or donation whether or not such contribution or donation results in receipt of any
goods,merchandise or service or any similar exchange or something of value between the person
engaging in the act of solicitation and a resident of the city, whether such things of value be
tangible or intangible.
Structure means any object constructed or installed by a person having a permanent location
on the ground.
Vehicular panhandling means any activity which is conducted in the furtherance of
obtaining money,employment,or any other thing of value from an occupant of a motor vehicle,
most commonly accomplished by giving a hard-luck story, holding out a cap, bucket, or other
container for receipt of money or other donation,or displaying a sign asking directly or indirectly
for money or donations, when such activity/activities result(s) in the panhandler approaching a
motor vehicle being operated on a roadway, to collect or receive the money or other thing of
value.
Sec.11-63.-Registration—Required.
(a) Except as otherwise provided in section 11-76,it shall be unlawful for any person 18 years
of age or older to engage in soliciting, panhandling or itinerant merchandising sales within
the city without first being registered for that purpose as provided in this article.
(b) No person under the age of 18 shall be permitted to engage in soliciting, panhandling or
itinerant merchandising sales except as provided in this section.
(c) A registration shall be obtained by a sponsoring person, company or organization for the
conduct of any solicitation or itinerant merchandising sales activities involving,in whole or
in part,a sales force of one or more person under 18 years of age.
(d) The sponsor shall be responsible for supervising and controlling the conduct of all persons,
including juveniles, soliciting under the sponsor's registration. For the purposes of this
section,supervision shall mean that the sponsor has the person soliciting under the sponsor's
registration within view at all times.
(e) For solicitation, the sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the name of the sponsor and the
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name of the individual. The sponsor shall require all individuals in its sales force to wear
such identification so that it is clearly visible at all times when the individuals are soliciting.
Sec.11-64.-Same—Application for soliciting,peddling and canvassing.
(a) Form. Applicants for registration shall complete and return to the city olcrk,not fewer than
five working days in advance of the date upon which the applicant wishes to commence
solicitations within the city,a registration form furnished by the city which shall require the
following information:
(1) Name,permanent address and telephone number,and temporary address and telephone
number.
(2) A physical description of the applicant,setting forth the applicant's date of birth and any
other distinguishing physical characteristics.
(3) The make,model and license number of any vehicles to be used by applicant.
(4) The place where the applicant may be contacted for at least seven days after leaving the
city.
(5) Name, address and telephone number of the person or organization the applicant
represents or is employed by,(if applicable).
(6) Name and title of an officer of such organization who can verify the authority of the
applicant to represent the organization.
(7) The name of three previous cities where applicant (or the organization represented)
conducted similar solicitations or itinerant merchandising sales(if applicable).
(8) A statement of any convictions, nob contendere pleas,or forfeitures for violating any
local, state or federal law, excluding traffic fines of $50.00 or less, the nature and
location of the offense(s)and the penalty imposed.
(9) The applicant shall furnish with the form two photographs of the applicant taken within
60 days immediately prior to the date of filing of the application,which shall be at least
two inches by two inches,showing the head and shoulder of the applicant in a clear and
distinguishable manner,one of which shall remain on file +-t e o ice-e with the city
elerk and the other shall be attached to and made part of the permit.
(10)The applicant shall provide a set of fingerprints which shall remain on file with the city.
(11)A statement as to whether or not the applicant (and/or represented organization, if
applicable),has:
a. Engaged in solicitations of a similar nature in the city before;and
b. If so,whether any license, permit or registration issued by the city has ever been
revoked;
(12)The nature of the solicitations to be conducted and a brief description of any good or
services offered.
(13)The proposed method of delivery of goods or services,if applicable.
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(14)The length of time solicitation is to be conducted in the city.
(15)A statement that the registration does not represent and will not be used by the applicant
as an endorsement of the solicitor's or itinerant merchants product, service or cause by
the city.
All statements made by the applicant upon the application or in connection therewith, shall be
under oath.
(b) Additional information. Each applicant shall present to the city elerk for examination:
(1) A driver's license or some other proof of identity providing equivalent information;
(2) Any certificates, licenses or other authorizations as may be required by the city,state or
other regulatory bodies applicable to the applicant's proposed solicitation activity.
(3) A valid home solicitation sales permit from the clerk of court as required by F.S.
501.022,unless excluded by F.S.501.022(b),as amended.
Sec.11-65.-Same—Application for itinerant merchant/itinerant vendor.
(a) Form. Applicants for registration shall complete and return to the city elerk,not fewer than
14 working days in advance of the date upon which the applicant wishes to commence
itinerant merchant sales/activities, a registration form furnished by the city which shall
require the following information:
(I) Name,permanent address and telephone number,and temporary address and telephone
number,
(2) The place where the applicant may be contacted for at least seven days after leaving the
city;
(3) Name, address and telephone number of the person or organization the applicant
represents or is employed by(if applicable);
(4) Name and title of an officer of such organization who can verify the authority of the
applicant to represent the organization;
(5) The name of three previous cities where applicant (or the organization represented)
conducted similar itinerant merchandising sales(if applicable);
(6) A statement of any convictions, nolo contendere pleas, or forfeitures for violating any
local, state or federal law, excluding traffic fines of$50.00 or less, the nature and
location of the offense(s)and the penalty imposed;
(7) A statement as to whether or not the applicant (and/or represented organization, if
applicable),has:
a. Engaged in itinerant merchandising sales of a similar nature in the city before;and
b. If so, whether any license, permit or registration issued by the city has ever been
revoked;
(8) A brief description of goods or services offered;
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IIS
(9) The proposed method of delivery of goods or services,if applicable;
(10)The length of time itinerant merchandising sales are to be conducted in the city;
(11)A statement that the registration does not represent and will not be used by the applicant
as an endorsement of the itinerant merchant's product,service or cause by the city;
(12)A notarized statement from the property owner authorizing applicant to conduct
itinerant merchant activities on the property. Statement shall also acknowledge that the
property owner recognizes that he/she will be responsible for any code violations on the
property. Nothing herein alters the city's ability to cite and lien the property owner
pursuant to the authority in F.S.ch. 162, if the statement is not provided by the property
owner.
All statements made by the applicant upon the application or in connection therewith, shall
be under oath.
(b) Additional information. Each applicant shall present to the city e1eck for examination:
(1) A driver's license or some other proof of identity providing equivalent information;
(2) Any certificates,licenses or other authorizations as may be required by the city,state or
other regulatory bodies applicable to the applicant's proposed solicitation activity.
Sec. 11-66.-Same—Application for panhandling.
(a) Applicants for a panhandling permit shall complete and return to the city elegy, not fewer
than five working days in advance of the date upon which the applicant wishes to commence
panhandling within the city, a registration form furnished by the city requesting the
following information:
(1) Name,date of birth,permanent or temporary address and telephone number.
(2) A physical description of the applicant and any other distinguishing physical
characteristics.
(3) The length of time panhandling is to be conducted in the city.
(4) A statement that the registration does not represent and will not be used by the applicant
as an endorsement by the city. All statements made by the applicant upon the
application or in connection therewith,shall be under oath.
(b) Additional information. Each panhandler applicant shall present to the city elerk for
examination:
(1) A driver's license or some other photo proof of identity providing equivalent
information;
(2) A notarized statement from the property owner authorizing the applicant to conduct
panhandling activates on private property.
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Sec. 11-67.-Same—Fee.
At the time the application is submitted a fee shall be paid to the city clerk.The fee shall be
established by a resolution from the city council and subject to change accordingly. This fee is
not refundable if the registration is refused for any reason noted in section 11-68 or if the
applicant withdraws the application at any time after the close of the business day on the day
during which it was submitted.
Any person claiming to be legally exempt from the regulations set forth in article IV,and/or
from the payment of the fee, shall cite to the city clerk in writing the statute or other legal
authority under which exemption is claimed.
Sec. 11-68.-Same—Review;issuance or deniaL
(a) Upon receipt of an application,the city clerk shall refer it as soon as possible to the chief of
police who shall cause such review of the applicant's criminal background.
(b) The city clerk shall refuse to register the applicant if it is determined,pursuant to the chief of
police's review that:
(1) The application is incomplete or contains false data;
(2) Has been convicted of a felony offense or first degree misdemeanor;
(3) The applicant failed to comply with any applicable provision of section 11-64, 11-65
and 11-66.
(c) Absent a cause to refuse registration in accordance with subsection(b),the city clerk shall
grant a registration and issue to the applicant a certificate of registration. Such certificate
shall authorize the holder to operate within the city for 60 days. Upon the receipt of a
renewal application,the city clerk may renew a registration one time in a calendar year.The
city elerk shall maintain an accurate record of every application received and acted upon
together with all other information and data pertaining to the application and all certificates
of registration issued and applications refused.
(d) A permit is not transferable between solicitors, panhandler or itinerant merchants. When a
solicitor changes employers,or his permit is revoked,the permit is automatically void;and
he shall return the void permit to the city clerk.
Sec. 11-69.-Appeal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a
registration may appeal such decision to the city manager by filing a written request with the city
manager within 30 days after the rendition of the decision by the city clerk.
Sec. 11-70.-Loud noises and speaking devices.
No applicant, nor any person in his behalf,shall shout, cry out, blow a horn,ring a bell or
use any sound-amplifying device upon any of the streets,alleys, parks or other public places of
the city or upon private premises where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard upon the streets, avenues,alleys, parks or other
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public places, for the purpose of attracting attention to any goods,wares or merchandise which
such applicant proposes to sell.
Sec.11-71.-Prohibited practices.
(a) It is unlawful for any peddler,solicitor or itinerant merchant to make exclusive use of any
location on any street, alley, sidewalk or right-of-way for the purpose of selling, delivering
or exhibiting goods or merchandise.
(b) It shall be unlawful for any person to knowingly make any false or misleading
representation in the course of soliciting a donation. False or misleading representations
include,but are not limited to,the following:
(1) Stating that the donation is needed to meet a specific need, when the solicitor already
has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which does not exist;
(3) Stating that the solicitor is from out of town and stranded,when such is not true;
(4) Wearing a military uniform or other indication of military service,when the solicitor is
neither a present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the solicitor does not
suffer the disability indicated;
(6) Use of any makeup or device to simulate any deformity;or
(7) Stating that the solicitor is homeless,when he or she is not.
(8) It shall be unlawful for any person to solicit a donation stating that the funds are needed
for a specific purpose and then spend the funds received for a different purpose.
(c) It shall be unlawful for any person to panhandle,and no registration issued under this Article
shall be deemed to allow panhandling,including passively standing or sitting with a sign or
other indication that one is seeking donations,when the person solicited is in,on,or at any
of the following locations:
(1) On public property in the area more particularly described as city parks and recreational
areas such as recreational trails or at locations where the city is hosting or conducting an
event;
(2) Within 500 feet of a public school or daycare facility;
(3) At any bus stop or any public transportation facility;
(4) Inside or within 20 feet of any public restroom;
(5) In any public transportation vehicle or facility;
(6) In any vehicle on the street;
(7) Within 50 feet of the site of any automated teller machine(ATM);
(8) On private property,unless the panhandler has permission from the owner or occupant;
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(9) On any of the following roadways or right-of-ways: East Indian River Boulevard.West
Indian River Boulevard. State Road 442, South Ridgewood Avenue.North Ridgewood
Avenue, State Road 5, U.S. Highway 1, East Park Avenue, W Park Avenue, and
Interstate 95.
(d) It shall be unlawful for any person to panhandle in any of the following manners:
(1) By blocking the path of the person solicited;
(2) By using profane or abusive language, either during the solicitation or following a
refusal;
(3) By panhandling in a group of three or more persons;or
(4) By any statement, gesture, or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat.
(5) By aggressive panhandling as defined in sec. 11-62.
(e) It shall be unlawful for any person to panhandle between sunset and sunrise Monday
through Saturday at any location within the corporate limits of the City of Edgewater.
Sec.11-72.-Solicitor business regulations.
It shall be unlawful for any solicitor:
(1) To call at any residence prior to the hour of 9:00 a.m.or after 8:00 p.m.;
(2) To call at any residence or other place bearing a notice of "No Peddlers" or "No
Solicitors" or words of a similar meaning, providing such notice is posted in a
conspicuous place or near the main entrance,is plainly visible,is at least three inches by
five inches in height;
(3) To call at other than the front or main door of any residence;
(4) To remain on any premises after being asked to leave by the owner,occupant or other
person having authority over such premises;
(5) To misrepresent or make false, deceptive or misleading statements concerning the
quality,quantity or character of any goods or services provided,the purpose of the visit,
his or her identity or the identity of the represented organization;or
(6) To impede the free use of sidewalks and streets by pedestrians and vehicles.
(7) To fail to carry or display a valid home solicitation sale permit from the county clerk of
court as required by F.S.501.022(8):,as amended.
Sec.11-73.-Solicitor disclosure.
All registered solicitors shall conform to the following requirements:
(1) After the initial greeting and before any other statement is made to a prospective
solicitee, a solicitor shall expressly disclose his or her name, the name of the
organization represented, if any, and identify the nature of the solicitation, i.e. selling
/ ! seeking information for
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/ / , asking for contributions to or for
/ I ,etc.
(2) If the solicitation is for the purchase of goods or services or for any order for the later
delivery of goods or services,the solicitor shall clearly inform the solicitee of their right
to cancel the transaction at any time within 72 hours if it involves the extension of credit
or is a cash transaction of more than 525.00.
(3) If the solicitation results in an order for the later delivery of goods or services, the
solicitor shall,at the time the order is taken,provide the buyer with a copy of all signed
documents,containing at the minimum:the terms of the agreement,the amount paid in
advance and whether such amount represents full, partial or no advance payment; the
name, address and telephone number of the seller or provider, the delivery or
performance date; and whether a guarantee or warranty is provided, if so, the terms
thereof.
(4) Upon any request to do so, the solicitor shall display for review the certificate of
registration issued by the city.
Sec. 11-74.-Itinerant merchant business regulations.
(a) The site shall have appropriate sanitary facilities available at the premises upon which
temporary business will be permitted.
(b) The proposed location will not result in unsafe ingress/egress for either pedestrians or
vehicles.
(c) The proposed location shall comply with the appropriate Florida Fire Prevention Codes.
(d) The proposed location will direct on-site lighting away from adjacent parcels and roadways.
(e) The city may add other conditions to protect the health,safety and welfare of the residents.
The city shall provide scheduled and unscheduled inspections prior to and/or during the
period of the permit by police, fire, code compliance, building and/or city administration
representatives to monitor and ensure compliance with all applicable city, county and state
codes.
Sec. 11-75.-Revocation.
Any certificate of registration may be revoked by the city elerk if the holder conducts
peddling, solicitation or itinerant merchandising activities contrary to any of the provisions of
this article;has made a false statement in the application;has made a misrepresentation or a false
statement in the conduct of business; has been convicted of a felony offense or first degree
misdemeanor; conducts peddling or solicitation or itinerant merchandising activities in such a
manner as to create a public nuisance,constitute a breach of the peace or endanger the health,
safety or general welfare of the public;or otherwise becomes disqualified for the issuance of a
certificate of registration under the terms of this article. Immediately upon such revocation,
written notice thereof shall be given by the city elerkE to the holder of the certificate in person or
by registered United States mail addressed as set forth in the application. Immediately upon the
giving of such notice,the certificate of registration shall become null and void.
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Sec.11-76.-Exemptions.
The following,or their authorized agents,are exempt from the provisions of this article;any
person:
(1) Delivering newspapers, fuel, dairy products or bakery goods to regular customers on
established routes;
(2) Selling goods at wholesale dealers in such goods;
(3) Who has an established place of business where goods or services being sold are offered
for sale on a regular basis, and where the buyer has initiated contact with and
specifically requested a home visit by such person;
(4) Who has had,or one who represents an organization which has had,a prior transaction
similar to that being solicited with the solicitee;
(5) Who is an officer or employee of the city,county, state or federal government or any
subdivision thereof,when on official business;
(6) Conducting solicitations from the membership of the represented organization for the
sole benefit or under the auspices of that organization,and
(7) Nonprofit organizations are exempt from paying the fee but shall register,with proof of
nonprofit status
(8) Wholesale dealers conducting business with commercial or industrial businesses within
the city.
(9) Panhandling for less than one hour in a single calendar year.
Sec.11-77.-Enforcement.
The provisions of this chapter shall be enforced by the city e1eFIE,code enforcement division.
police department and fire department.
Sec.11-78.-Penalty.
Any person violating the provisions of this article shall, upon conviction,be subject to the
penalties in section 1-8 of this Code. Each separate day of violation constitutes a separate
offense.
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