2019-O-08 - Chapter 11 ORDINANCE NO. 2019-0-08
AN ORDINANCE AMENDING AND RESTATAING
CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS), ARTICLE I (IN GENERAL) IN THIS
ENTIRETY; OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR
CONFICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 10, 2018, City Council approved Ordinance No. 2018-0-23 which
created the Residential Rental Inspection Program and established the appropriate Fees/Taxes
associated with Business Tax Receipts.
2. During the January 22, 2019 City Council Workshop, Council directed Staff to
create a residential registration program.
3. During the April 1, 2019 City Council meeting, Council reviewed options related
to a residential rental registration program and directed staff to replace the residential rental
inspection program with a voluntary residential rental registration program on the future agenda
for consideration of adoption.
4. Chapter ll (Business Tax Receipts and Business Regulations), Article I (In
General) is being amended and restated in its entirety to reflect the elimination the residential
rental inspection program and changes to the Fees/Paxes associated with Business Tax Receipts.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater,Florida:
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PART A. AMEND AND RESTATE CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I (IN
GENERAL)IN ITS ENTIRETY,OF THE CODE OF ORDINANCES, CITY
OF EDGEWATER,FLORIDA
Chapter 11 (Business Tax Receipts and Business Regulations), Article I (In General) is
amended and restated pursuant to Exhibit"A",which is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if
this ordinance of any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word `ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention;provided,however,that Parts B through F shall not be codified.
PARTE. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilman Conroy with Second by Councilwoman
O'Keefe,the vote on the first reading of this ordinance held on May 6,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by with
Second by 6-:X�'jL MrwnCS C4I r- the vote on the public
hearing/sewnd reading of this ordinance held on June 3, 2019 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 3rd day of June,2019.
ATTEST: CITY COUNCH,OF THE
CITY
QTC-LQtL��G ) MO EXWAFLORIDA
Robin L. Matusick,CMC
ik
City Clerk/Paralegal
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 lune,2019 under Agenda Item#8
City Attorney
Doran,Sims, Wolfe,Ciocchetti&Yoon
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EXHIBIT "A"
CHAPTER 11 BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS
ARTICLE L 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 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 I I-1 to engage in or manage any
business,profession or occupation in the city unless he holds a current business tax receipt to do
so, which receipt shall be issued by the city 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 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 I of each year, one-half of the applicable
annual business tax shall be paid. Business tax receipts which are not renewed on or before
the expiration date may be reinstated thereafter upon payment by the holder of the receipt of
the applicable business tax plus a delinquency charge in the amount of ten percent of such
tax for the first month of delinquency,five percent each month of additional delinquency, up
to a maximum of 25 percent.A new business tax receipt shall not be issued to any person for
the privilege of engaging in or managing the same business,profession or occupation except
upon payment of all past due business taxes and delinquency charges applicable thereto.
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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 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 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
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more than one of the classifications contained in this schedule the person engaging therein shall
he required to pay the tax required for each classification.
The following annual, except as otherwise stated, designated business taxes shall be paid to the
city by persons engaging in or managing or transacting the following businesses, occupations or
profession within the city:
(1) Abstractor title company $ 91.16
(2) Accommodations for rent ineludingsingle
�idew R,.o,.--"-'hem", apartments, motels, motor courts, cottages,
hotels, boardinghouses, etc.
(a) 1 to 2 rental units n/c
(b) 3 to 10 rental units 30.39
(c) 1 I to 20 rental units 60.78
(d) 21 to 30 rental units 91.16
(e) 31 to 40 rental units 121.55
(f) Each additional unit 24.31
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 42.55
(4) Advertising agency or trade inducement company 72.93
(5) Agents or agencies:
(a) Collection agency 91.16
(b) Credit reporting 60.78
(c) Booking agents 60.78
(d) Employment 60.78
(e) Private detective agency(must register with police department) 91.16
(t) Travel agents 91.16
(g) .Security agency 9il46 . .
(h) Mortgage broker 91.16
L Each additional 30.39
2. Stocks and bonds 91.16
(i) Other 48.63
(6) Alcoholic beverages, spirits, beer and wine (understate supervision), n/c
state license required
(7) Ambulance service (not connected with hospital or funeral home) 85.09
(8) Animals
(a) Kennel, state license required 85.09
(b) Boarding, state license required 85.09
(c) Grooming 42.55
(d) Pet sitting 30.39
(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)
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(9) Archeryrange 42.55
(10) Armored car service:
(a) l to 3 vehicles 60.78
(b) Each additional vehicle 18.24
(1 I) Arms dealer, handling those known as concealed weapons, alone 60.78
or in conjunction with any other business
(as defined in F.S. ch. 790)
(12) Auctioneer 42.55
(13) Auction shops 91.16
(14) Automotive:
(a) sales
1. New cars 151.94
2. Used cars
a. 1 to 10 cars 30.39
b. l l to 50 cars 42.55
c. 51 to 100 can 60.78
d. 101 and over 103.32
(b) Minor repair service (state registration required) 85.09
(c) Motor vehicle repair shop 85.09
(d) Motor vehicle repair 42.55
(e) Pumps (gas, kerosene, diesel):
1. l to 4 pumps 30.39
2. Each additional pump 6.08
(t) Auto machine shop 48.63
(15) Auto salvage 121.55
(16) Aviation service 48.63
(17) Ball, concerts, parades, carnivals, circus, exhibitions (special activities) fees/costs set
pursuant to the applicable fee resolution. -- J,
(18) Barbershop and cosmetology (retail sales must have separate licenses), state license
required
(a) One owner operator 48.63
(b) Each additional operator 30.39
(c) Shoe shine stand n/c
(d) Manicurist&nail sculpture, pedicurist 30.39
(e) Tanningsalons 30.39
(f) Other 30.39
(19) Bicycles for rent(not in connection with other business) 30.39
(20) Billiards,pool, electronic games, etc.:
(a) 1 to 10 machines 30.39
(b) I 1 to 25 machines 48.63
(c) Each additional machine 12.16
(21) Boats,ferry and sightseeing used wholly or in part as ferry sightseeing boats, each boat
with passenger capacity as follows:
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(a) Not to exceed 10 persons 42.55
(b) More than 10 not to exceed 50 persons 60.78
(c) More than 50 persons 91.16
(Does not permit dining room without restaurant BTR)
(d) Boat Restoration/sales 60.78
(22) Boats for hire:
(a) Canoes, rowboats, motor boats, inboard or outboard:
1. Ito 10 boats 30.39
2. 11 to 25 boats 60.78
3. Each additional boat 12.16
(b) Fishing, cruising and/or charter:
1. One boat 42.55
2. Each additional boat 30.39
(23) Bottling works, bottling or distilling water or soft drinks 60.78
(24) Bawling lanes, skee ball, etc.:
(a) I to 16 lanes 60.78
(b) Each additional lane(Restaurant needs additional license) 6.08
(25) Broadcasting stations:
(a) Cable 151.94
(b) Radio 151.94
(c) Television 151.94
(26) Cabinet shop (manufacturer and installation) (not to exceed 3 employees); (Over 3
employees,see Manufacturer);(Installer must have insurance) 60.78
(27) Car wash:
(a) l to 4 bays 36.47
(b) 5 to 7 bays 72.93
(c) Each additional bay 12.16
(d) Car/Boat/Motorcycle detailing and/or window tinting 42.55
(cleaning and polishing)
(28) Carpet and rug cleaning 42.55
(29) Cemetery lots(operated for profit) 91.16
(30) Citrus fruit shippers,place where orders for fruit are taken
and filled or shipped(excluding packing houses) 30.39
(31) Cleaning,pressing and dyeing(boiler inspection certificate must be presented)
(a) Cleaning and pressing pickup station 42.55
(b) Self-service:
1. 1 to 10 machines 30.39
2. 11 to 25 machines 42.55
3. 26 to 50 machines 60.78
4. Each additional machine 6.08
(32) Coin/Card-operated machine or devices:
(a) Distributors 60.78
(b) Each machine, see billiards, item(20)for amounts
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(33) Communication sites:
(a) Commercial 151.94
(b) Cellular 151.94
(c) Other 151.94
(34) Computer software service(designing programs) 60.78
(a) Repaim/Service 60.78
(b) Software service(designing programs) 60.78
(c) Webdesign/Consulting Services 60.78
(35) Concrete mixingplants:
(a) 1 to 5 trucks 182.72
(b) Each additional truck 30.39
(36) Contractors
A) Contractors: (F.S. §§ 489.105 a through p) Part 1 and 2 and (F.S. § 489.505) -
STATE LICENSE REQUIRED
(a) General contractor 85.09
(b) Building contractor 85.09
(c) Residential contractor 85.09
(d) Sheet metal contractor 60.78
(e) Roofing contractor 60.78
(f) Class A air conditioning contractor 60.78
(g) Class B air conditioning contractor 60.78
(h) Class C air conditioning contractor 60.78
(i) Mechanical contractor 60.78
6) Commercial pool/spa contractor 42.55
k) Residential pool/spa contractor 42.55
(1) Swimming pool/spa servicing contractor 42.55
(m) Plumbing contractor 60.78
(n) Underground utility and excavation contractor 42.55
(o) Solar contractor 42.55
(p) Pollutant storage system contractor 42.55
(q) Alarm system contractor 1 42.55
(r) Alarm system contractor II 42.55
(s) Electrical contractor 60.78
B) Specialty contractor: (Enter local agreement with Volusia County 1-1-2006)-
VOLUSIA COUNTY SPECIALTY LICENSE REQUIRED
(a) Carpentry contractor(frame) 42.55
(b) Garage door installer 42.55
(c) Hurricane protection installer 42.55
(d) Landscape irrigation 42.55
(e) Marine contractor 42.55
(t) Masonry contractor 42.55
(g) Prefabricated shed installer 42.55
(h) Siding,window and door installer 42.55
(i) Sign contractor(non-electrical) 42.55
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C) Subcontractors: (city licensed)
(a) Aluminum contractors 42.55
(b) Asphalt maintenance 42.55
(c) Awning(not hurricane shutters) 42.55
(d) Cabinetry 42.55
(e) Carpentry(trim) 42.55
(f) Dredging 42.55
(g) Fence installers 42.55
(h) Flooring installer 42.55
(i) Home repair(see limitations) 42.55
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) 42.55
(requires state license from DMV)
(k) Insulation installer 42.55
(1) Land clearing 42.55
(m) Landscaping 42.55
(n) Painter/wallpaper 42.55
(o) Paving contractor 42.55
(p) Plastering contractor 42.55
(q) Pressure cleaning 42.55
(r) Sandblasting 42.55
(s) Satellite dish installer 42.55
(t) TV cable wiring 42.55
(u) Tile,terrazzo,marble and granite installer 42.55
(v) Tree cutting and trimming 42.55
(w) Other 42.55
(37) Delivery services:
(a) One vehicle 30.39
(b) Each additional vehicle 12.16
(38) Distributors and home parry sales
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(Avon,Tupperware, Fuller brush,Amway,etc.) 30.39
(38a) Entertainment(hands, orchestras,etc.) 30.39
(39) Exterminators, spray service, state license required:
(a) One vehicle 91.16
(b) Each additional truck 12.16
(40) Financial:
(a) Banks and trust companies 158.03
(b) Building and loan associations 158.03
(c) Finance and discount companies, liquidating accounts,
whether purchased or not 158.03
(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. 158.03
(e) personal finance companies 158.03
(41) Fortune tellers, mind readers,gypsies and other 91.16
Nomadic people(see Sections 11-21 through 11-25)
(42) Funeral chapel 91.16
(43) Funeral homes, including embalmer or undertaker and ambulance,
state license required 121.55
(44) Furniture packers, moving and/or storage:
(a) 1 to 2 trucks 91.16
(b) Each additional truck 30.39
(45) Gas companies, state license required:
(a) Distributing through pipe lines,natural gas(includes
one truck);(franchised or other method devised by
city council) 121.55
(b) Bottle gas,wholesale merchant license required 60.78
(c) Bottle gas,retail merchant license required 60.78
(46) Gas contractors, installing container,piping(includes one vehicle), state license required
(a) Not connected with other business 91.16
(b) When connected with other business 60.78
(47) Gasoline,fuel oil. and other petroleum products, resident or nonresident (includes one
vehicle):
(a) Wholesale 151.94
(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
merchants license is required.
Machine shop and welding(not working on automotive) 42.55
(Employing including owner and operator)
(a) Not to exceed 3 employees(assemblage) 42.55
(b) Not exceeding 8 employees 60.78
(c) More than 8 employees,not exceeding 20 employees 151.94
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(d) More than 20 employees 230.85
(49) Golf:
(a) Driving ranges or practice courses 60.78
(b) Course
1. 9 holes 91.16
2. 18 holes 151.94
(c) Miniature golf 42.55
(50) Hazardous materials 30.39
(51) Healthfitness centers 60.78
(52) Hospitals, sanitariums, nursing homes, and congregate living, operated for profit, state
license required:
(a) 1 to 5 beds 42.55
(b) 6 to 12 beds 85.09
(c) 13 to 20 beds 121.55
(d) Each additional bed 6.08
(License must be taken out for all beds whether used or unused)
(53) Housecleaning and janitorial services (including window cleaning; domestic help
excepted) 42.55
(54) Insurance adjustor company:
(a) Company with one adjustor 91.16
(b) Each additional adjustor 30.39
(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,
safety deposits 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,
tomado 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
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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 42.55
2. Fire insurance companies 42.55
3. Industrial insurance and funeral benefits
association or company 42.55
4. Life insurance company 42.55
5. Each additional agent 30.39
(56) Laboratories, scientific and industrial investigation, if not connected with licensee's
manufacturing enterprises 151.94
(57) Lawn service and care:
(a) Gardener and/or lawn care 30.39
(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) 42.55
(b) Not exceeding 8 employees 60.78
(c) More than 8 employees,not exceeding 20 employees 151.94
(d) More than 20 employees 230.95
(59) Meat,fish andpoultryproducts,packinghouses or storage 91.16
(60) Merchandise mart((lea market)owner operator:
(a) Up to 4 spaces 91.16
(b) 5 to 10 spaces 121.55
(c) 11 to 20 spaces 182:72
(d) Each additional 12.16
(61) Merchants-Retail, provided license shall permit but one location when average stock of
goods carred is as follows:
(a) Stock up to$1,000.00 30.39
(b) Stock from$1,001.00 to$5,000.00 42.55
(c) Stock from$5,001.00 to$10,000.00 60.78
(d) Stock from$10,001.00 to$30,000.00 91.16
(e) Stock from$30,001.00 to$50,000.00 144.70
(f) Stock from $50,001.00 to$100,000.00 182.72
(g) Stock from$100,001.00 and over 212.72
(h) Internet based merchants with no stock on location 30.39
(62) Merchants Jobbing, wholesaling or distributing, provided license shall permit but one
location when average stock of goods carried is as follows:
(a) Stock up to$1,000.00 42.55
(b) Stock from$I,OO1.00to$10,000.00 60.78
(c) Stock from$10,001.00 to$30,000.00 91.16
(d) Stock from$30,001.00 to$75,000.00 121.55
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(e) Stock from$75,001.00 and over 164.09
(63) Museums, historical,for profit(permission and fees set by Council)
(64) Newspaper publisher 91.16
(65) Parking lots,for profit:
(a) 1 to l0 can 30.39
(b) 11 to 60 cars 91.16
(c) 61 to 100 can 121.55
(d) 101 cars and over 151.94
(66) Pawnbrokers and second hand gold buyers, not transferable 182.72
(Each pawnbroker, gold buyer 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 60.78
(68) Private antisocial clubs, Bars and Lounges(no food served) 60.78
(69) Private schools(religious, institutions exempt) 30.39
(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
Q) Model or charm
(k) Music (piano,voice, instruments)
(t) Riding school or academy
(m) Trade
(n) Other
(70) Professional 91.16
(The following professional practitioners, are classed as professional and each person engaged in
the practice of any such profession is required to cover this practice by taking out a professional
license as follows: (Other county and state license compliance required if applicable)
(a) Accountants,bookkeepers
(b) Artists
(c) Acupuncturists,state license required
(d) Architects
(e) Astronomers
(f) Attorneys, state license required
(g) Auditors, state license required
(h) Chemists, state license required
(i) Clinic labs, state license required
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0) Computer consultant.
(k) Drafting
(1) Dentistry, state license required
(m) Embalmers, state license required
(n) Engineers, state license required
(o) Engravers,embossing, lithographs
(p) Homeopathic or drugless physicians
(q) Income tax tax consultant
(r) Interior decorators,designers
(s) Masseur, state license required
(t) Medical doctors,state license required
(u) Napmpaths,state license required
(v) Opticians,state license required
(w) Optometrists
(x) Osteopathic physicians, state license required
(y) Pharmacists(exempt F.S.205.196), state license required
(z) Physicians, state license required
(aa) Photographers
(bb) Pilots
(cc) Podiatrists, state license required
(deft Private instructors
(cc) Secretaries
(ff) Security(must register with police department)
(gg) Therapists
(hh) Tree surgeons
(ii) Veterinarians, state license required
((j) Taxidermists, state license required
(kk) Bondsman, state license required
1. Each agency 91.16
2. Each agent 30.39
(11) Dispensing Facilities(Florida Department of Health license required)
(mm) All other professions 91.16
(71) Real estate or rental agency, state license required:
(a) With one person designated as broker 42.55
(b) Each additional salesperson 30.39
(No license issued until state registration certificate is presented.)
(72) Recording studios 60.78
(73) Refuge hauling and recycling, for profit, (by authority of the city council fees also
determined by council)
(74) Rental(equipment&video) 60.78
(75) 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 60.78
(b) 51 to 100 seats 91.16
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(c) 101 seats and over 103.32
(d) Caterer service 42.55
(Health permit certificate required)
(76) Rinks 91.16
(77) Sawmills 91.16
(78) Service:
(a) Mail order 42.55
(b) Parcel packing 42.55
(c) Telephone answering services 42.55
(d) Telemarketing 42.55
(e) Housesitting 30.39
(f) Chimney sweeper 30.39
(g) Other 42.55
(79) Shooting galleries 60.78
(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.)
(80) Shows, carnivals,parades, concerts fee%osts set pursuant to the applicable fee resolution
(special activities)
(81) Solicitors:
(a) For magazines or periodicals (see Section 11-26, City Code); (each solicitor
required to register with the City Glod�.�.,. s Offi^f-- and receive a registration and
identification card signed by the City E4et#) 30.39
(b) Going from house to house soliciting business, (each solicitor required to register
with the City CleFk�-Offle- and receive a registration and identification card signed by
the Police Chief) 30.39
(c) Canvassers (see Section 11-26,Edgewater Code,must get
permit from City) 30.39
(82) Storage warehousing 91.16
(a) Boat houses or boat yards(keeping or storing) 30.39
(b) Garage and storage and parking for all types of vehicles 42.55
(c) Self Storage/Mini Warehouse 42.55
(83) Swimmingpools(public) 42.55
(84) Telegram companies 60.78
(85) Telephone companies: 60.78
(86) Theaters:
(a) Up to 500 seats 72.93
(b) 501 to 1,000 seats 91.16
(c) Over 1,001 seats 121.55
(d) Drive-ins 91.16
(If merchandise is sold,merchant's license is required)
(87) Trailers or mobile homes parks or camps:
(a) 1 to 9 trailer spaces 42.55
(b) 10 to 20 trailer spaces 60.78
(c) 21 or more trailer spaces 91.16
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Sales 151.94
(88) Transportation:
(a) Chauffeurs,taxis, limousines or motor vehicles for hire:
1. 1 to 5 vehicles 60.78
2. 6 to 10 vehicles 91.16
3. Each additional vehicle 6.08
(b) Wrecker service:
1. One vehicle 42.55
2. Each additional vehicle 6.08
(89) Trucking companies (freight):
(a) Each truck 30.39
(90) Unclassified 60.78
(91) Utilities 151.94
(92) Vendors, concession mobile, health permit required 42.55
(93) Warehouse/Distribution-one truck 60.78
(a) each additional truck 6.08
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 fast making application and having
procured a certificate of use for each location or premise. Certificates of use shall not be issued
until a new business inspection is completed at the location or premise and found to comply with
all requirements of the code of the city and all applicable laws and regulations.
Whenever any business, profession, occupation, trade, amusement or industry
shall fall into more than one of the classifications or uses contained in the schedule set forth in
Chapter 11,Article 1,Section 11-8,business tax schedule,such occupation,business, profession,
or privilege shall not be required to obtain more than one certificate of use. Each classification
or use shall be indicated on the certificate of use as appropriate.
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 Florida Statute §162 or §166.0415,
Article X et seq of the City Code and all other available legal and judicial remedies.
C) Anyone other than a property owner making application for a certificate of use
must provide a notarized property owner affidavit. The property owner affidavit makes the
property owner aware that their tenant is applying for a business tax receipt and certificate of
use. This affidavit states that the property owner is aware that if the tenant, for any reason, is
found to be in non-compliance with any City of Edgewater codes,ordinances or laws relating to
the tenant's business that they, as the property owner, will be held responsible for any code
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enforcement action that may be necessary.
d) In order to obtain a certificate of use, an original fee shall be paid for the purpose
of defraying the costs of all original new business inspections and/or department approvals. An
annual renewal fee shall be paid to defray the costs of maintenance of the certificate of use.
e) As of the effective date of this article, all existing paid home occupations or
mobile occupations, businesses, professions or privileges shall be considered to have an active
certificate of use and shall not be subject to the original fee however; they will be subject to the
annual renewal fee.
f) The city shall have the right to request reasonable records from any paid business
for purposes of ensuring and confirming continued compliance with representations made to the
city when such business applied to the city for land use or zoning approval.
See-
i. 1......1 L- ..:........ ..... ........:... ....... :....J. 1. shall be unlawful C..- an .....ii,.- ..C-....:d..�✓..1
"Fent" and "lease" aFe symanymous; as are the terms "to rent or 'ease" and "to offer to
Feat eF lease") theFein any msidential d�elling of dwelling unit(s), whethep single
1......1 1.....'..ess to neeipt and /`...n:fiente of Use th...-..f-.. has Leen issued by tke sit
payment to establisharrangement. A rentalarrangementpresumed
.L.
b) Mnuai inspeetion�quhwd- Rash el�elling tiflit lieensed [Isemitted] F4 rental must pass
an annual inspection.
The purpose of the annualshall he to de.e...nine
el Spee:al :..
1) O_eeiW 9 eo� !_ .. ee ... ed L. -, ebusiness
ll.. C.•able water ee...
Of thO e ^
aI .alho ., .he leeh. .. hax e
eeipt
halde- hose P L'e inspection,en not ..ut connected to public
patabie wateF supply system shall provide to the eede enfeFeem-m effi-e
e. :denee .ha. . a.ef Re... .he ..-:Nate ..arable water source has been .e...ed
d.._.. by a stme nifi.d Ia Le-.....-. :thin .tree (3) m ...hs of .he date a
ien'
'll C..ee:el pwvi5wois for .. ...ed b. an ofisite seid age IMOFMOW a...l
. L,. .ed .o a .6 d N ..L...... ^ e
business utFeatment and dispesal S54effi ShEill PFOV.'de . .he -Ode e..ra..e.....e..t Officer
t9
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dl s m r
ispesehas Leen pumped .. and no defieieneies exist. TL.. sewage
oNvov
]\ D:._La.. ..fW.f .. ..-A 6.....d..« f..«. . nL1.. .. ....
_.S CL lo-AlL s ^
s tax
Feeeifa Ld.�_ O ..,ted 1. L .., ,.....
0 ...d....P..
shall
ha
Mau nie........e !'fide ..♦1..... applioable .._d'«..«ees and the s
f aL:.. .. '..le .. . :ded that the eit. ..L.. 8l .... ......
♦ L _thefights onW
.. ghts ,.f♦L,.
L..A....,.,.to feeeiptpt L..Id,._....d the 1.......... .. ..:dial :- aL:.. ....L_.. a
0. inspeetiens mquifed under this subsection shaii be made only by a eode
n..C._.......,._♦ effee_ Ai.. 1..10. MfO-..e...e..a efF..e_ ma) .acomia. a ....de
HThe ....d,. enf. _..,.........a ..CC....._ ..L..11 make LG .._ L,._ in p s d.._:....
i
aeor adult ..e-..,.n atJaL...:..ed a,. ..d...'a ♦lie ....de e..F....e...e..r
..,.d L.. ♦L,. ..,.d,. .....0...............♦ eff...._ ..L.. 1 .. . 'd.. the _efe«....ed a
ecupant or
'1, IO th, -ad,. of _..-m-na ..ff.,..._ is d.n.A edm:♦aenee L.. the L.,..d L.A....,._
..♦ L.. d.._ .._ lessee, OF:C th,e P...d,. ,.fife_..,.........♦ ..free-failsin
. at least two
gn of the .._..« e.... Lege ...e♦Le..e ... .. ffd. b
7e;sefl e.7- the pn k^4a admk him, eade e..fe_ee...e..♦ aetqen shall be ♦.J.....
VYt..a..�d'_.. eHY ..♦Le_ e..Ce_eeme..a ons ..f °Lapps ..
11 f Ais
.
..
The eity shall ._.
ladinisa_ eadept pt a fC.
ee'e ♦el housing f��.+ ahe intee♦:.. a _.
D_ee..♦. 1.1e'..♦e a code . /al. ..inspection
_... n
..f '♦e«.. ♦e Le fl ted L. ♦lie Bede e.A....ee...e..a ,.Cf Th:.. Fe_... shall be made
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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 courses of study
required for accreditation by or membership in the southern association of colleges and
secondary schools, department of education or the Florida Council of Independent Schools.
Nonprofit libraries, art galleries and museums open to the public are defined as educational
institutions and eligible for exemption.
Certificate of use shall mean the method by which the city grants approval for any
business to occupy any office building, industrial or commercial building, apartment building or
hotel, upon inspection of the premises and proof of compliance with all requirements of the Code
of the City of Edgewater and all applicable laws and regulations. The term "business" shall
include, for purposes of certificate of use only, any nonprofit religious, nonprofit charitable and
nonprofit education institution.
City 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 of Edgewater Land Development.
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 of
Edgewater 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.
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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.
nmW A..-..ft. 'A..............d...'...... .. Rent Uesid....da ♦ -..anal ..�........- ent shat
be P�Sffffled to exist When SOMOORe is feSFdqftg ifi A F-Sid�114'-1 419--AiM -1'118 OS n8t the Owner of
the PF8Pe14yftRd 58ffle8fte With -L'.. fitORStR84 ..:A'.. ..'d .. uee ..
A
(see Seel en 11 9 ) w ..
Taxed or taxes shall include respectively the words"permit"or"permittee" or the holder
for any use or period of time of any similar privilege,wherever relevant to any provision of this
article or other law or ordinance.
Taxing authority shall mean that person designated by the City Manager.
Taxpayer shall mean any person liable for taxes imposed under the provisions of this
article, any agent required to file and pay any taxes imposed hereunder,and the heirs, successors,
assignees and transferees of any such person or agent.
Sec. 11-11. Terms of certificate of use.
a) No certificate of use shall be issued for more than one year, and all certificates
shall be issued by the City Manager or his/her designee, upon payment of the required fee,
beginning July 1 of each year and shall be due and payable on or before September 30th of each
year. Certificates shall expire on September 30th of each succeeding year. In the event that
September 30th falls on a weekend or holiday,the fee shall be due and payable on or before the
first working day following September 30th.
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 time,classification or use, a new certificate of 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
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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. I1-11.1. Evidence of engaging in business; responsibility of agent; separate business
tax for each location; approval of uses; separate business tax for each
company.
1) 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.
2) 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
(l)act of,.
a) Selling any goods or service;
b) Soliciting business or offering goods or services for sale or hire.
3) 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.
4) Each location to have separate business tax. If any person operates any business at more
than one (1) location, each location shall be considered a separate business and a separate
business tax is required unless otherwise provided for herein.
5) Approval of uses. All activities and uses included within the operation of the business
shall be approved uses in accordance with all applicable codes.
6) 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) Reprintfee. 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.
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Sec. 11-11.3. Duties of licensing authority.
I) The licensing authority shall collect all business taxes and shall issue certificates of use
and business tax receipts in the time of the city to all persons qualified under the provisions of
this article and shall:
a) Promulgate and enforce all reasonable rules and regulations necessary to the
operation and enforcement of this article,with the approval of the city council.
b) Adopt all forms and prescribe the information to be given therein as to character
and other relevant matters for all necessary papers.
C) Require applicants to submit all affidavits and oaths necessary to the
administration of this article.
d) 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.
C) Investigate and determine the eligibility of any applicant for a certificate of use
and business tax receipt as prescribed herein.
f) 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.
2) 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.
1) General standard of conduct. Every taxpayer under this article shall:
a) Permit all reasonable inspections of his business by public authorities so
authorized by law.
b) Ascertain and at all times comply with all laws and regulations applicable to such
taxed business.
c) 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.
2) Display of tax and insignia. Every tax payer under this article shall:
a) Post and maintain such certificate of use and tax upon the taxed premises in a
place where it may be seen at all times.
b) Carry such business tax receipt on his person when he has no taxed business
premises.
c) Not allow any certificate of use,business tax receipt, special permit or insignia to
remain posted, or displayed or used,after the period for which it was issued has expired; or when
it has been suspended or revoked;or for any other reason has become ineffective. The tax payer
shall promptly return such inoperative certificate of use, business tax receipt, special permit or
insignia to the Development Services Director.
d) Not loan, sell, give or assign to any other person or allow any other person to use
or display or to destroy, damage or remove, or to have in his possession,except as authorized by
the Development Services Director or by law any certificate of use, business tax receipt or
insignia which has been issued to the tax payer.
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See. 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.
S". 11-11.6. Scope of tax;tax obtained by false statements void ab initio.
1) 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.
2) 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.
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.
1) 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.
a) 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.
b) At time of application for a certificate of use, a fee shall be paid for all new
businesses, change of address, and changes of use, as specified in the City of Edgewater
Business Tax Schedule. In addition, fees shall be paid to defray the cost of any required
inspection(s)and re-inspections as specified in the City of Edgewater Business Tax Schedule.
c) 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:
1. The owner/applicant has misrepresented or failed to disclose material
information required by this chapter to be included in the certificate of use application forth; or
2. The owner/applicant, as part of the owner/applicant's business activity
within the City of Edgewater, is engaged in conduct which is an actual threat to the public health,
welfare or safety;or
3. The owner/applicant is conducting business from premises which do not
possess a valid and current business tax receipt and/or certificate of use as may be required by
city or county laws; or
4. Habitual conduct has occurred at the owner/applicant's premises which
violates city, county or state law;or
5. 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
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6. The owner/applicant has violated any provision of this chapter and has
failed or refused to cease or correct the violation after notification thereof;or
7. The premises have been condemned by the local health authority for
failure to meet sanitation standards or the premises have been condemned by the local authority
because the premises are unsafe or unfit for human habitation.
The suspension or revocation shall be of the certificate of use in effect at the date of such
suspension or revocation, even though it may have been issued and an owner/applicant other
than the person who held the certificate of use at the time the cause for such suspension or
revocation arose.
No certificate of use shall be suspended under this section for a period of more than twelve (12)
months. No new certificate of use shall be issued to the owner/applicant, or to any other firm in
which the owner/applicant or any of its stockholders is interested, for any premise during the
term of such suspension or revocation. At the end of such period of suspension or revocation,
the owner/applicant may apply for a new certificate of use.
d) A suspension not exceeding six (6) months shall be imposed in cases where the
owner/applicant's violation is shown to be inadvertent and can be promptly corrected by the
owner/applicant; a revocation of the certificate of use shall be imposed in all other cases.
e) 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.
f) 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
Gen against the owner/applicant's real and personal property.
2) All persons authorized herein to inspect businesses shall have the authority to enter, with
or without warrant, at all reasonable times,the following premises:
a) Those for which a certificate of use is required.
b) Those for which a certificate of use was issued and which, at the time of
inspection,are operating under such certificate of use;
C) Those for which the certificate of use has been revoked or suspended.
3) 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.
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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
manner provided by Florida Statutes, Chapter 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, fee or tax
required by law, or compliance with all applicable ordinances,rules and laws.
Sec. 11-15. Schedule of certificate of use fees.
Certificate of use fees are as follows:
Original certificate of use:
Residential: $31.50
Commercial: $52.50
Aa-eetu—�"-'iats-fer-rent—Residential! $73-00
Certificate of use renewal:
Residential: $20.00
Commercial: $31.50
Accommodations for rent R«Side :.i�cc 00
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 mom[ turpitude, and
such crime was committed within the course of a business activity regulated by this article.
7. The owner/applicant fails to supply to the city the reasonable records requested by
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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.
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