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HomeMy WebLinkAboutOrdinance 224 Occupational Liscenses ORDINANCE NO. 224 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPTER 8 SECTIONS 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, AND 8-25 OF THE WINTER SPRINGS CODE OF ORDINANCES ALL PERTAINING TO OCCUPATIONAL LICENSES; TO PROVIDE FOR ADOPTION OF SECTIONS 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, AND 8-25 ESTABLISHING OCCUPATIONAL LICENSE TYPES, ACQUISITION PROCEDURES AND PROVIDING FOR LICENSE FEES TO BE SET BY RESOLUTION; PRO- VIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, Sections 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, and 8-25 have become outdated, and; WHEREAS, Licenses and Business Regulations are necessary to ensure orderly development and the control of conmercial properties within the City of Winter Springs and to ensure the use is compatible with adjoining properties and in compliance with the Code of the City of Winter Springs, and; WHEREAS, the City Council of the City of Winter Springs, Florida, deems it necessary to establish procedures and guidelines, and fees for the licensing and regulation of business, and; WHEREAS, a lack of proper regulation could constitute a hazard to the general welfare and safety of the citizens and property of Winter Springs, Florida, and; WHEREAS, the City Council of the City of Winter Springs, Florida, has determined it to be in the best interests of the City of Winter Springs, Florida to repeal Chapter 8, Sections 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, and 8-25 of the Winter Springs Code of Ordinances to allow for adoption of a current and more effective Sections 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, am 8-25 of the Winter Springs Code of Ordinances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - Repeal of Sections of Code. 1. That Sections 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, and 8-25 of the Code of Ordinances of Winter Springs are hereby repealed. SECTION II - That new Sections 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, and 8-25 of the Code of Ordinances of Winter Springs, Florida, are hereby created to read as follows: Chapter 8 Licenses and Business Regulations. Article I. In General 8-1 B-19 Article II. Occupational Licenses 8-20 8-25 ARTICLE I. IN GENERAL See. 8-1. Transient or itinerant solicitors; permit required ; prerequisite to issuance. (a) It shall be unlawful for any transient or itinerant solicitor to solicit orders for goods, wares, merchandise, newspapers, magazjnes,periodi- cals or any other matter, without first obtaining a written permit therefor from the City Manager. (b) The City Manager is hereby authorized to issue a permit required by subsection (a) to any person upon proper application, but only upon exhibition to him of proper credentials. Sec. 8-2. Runmage sales-Permit required; fee. No sale of goods, wares or merchandise commonly known as a "rummage sale" shall be conducted prior to obtaining a permit therefor and the payment of a permit fee established by resolution of the city council. See. 8-3. Dance halls; permit required; conduct in dance halls. (a) It shall be unlawful for any person to operate for profit in the city any place wherein dancing is permitted without first obtaining a permit therefor from the city council. (b) It shall be unlawful for any owner or lawful operator of a dance hall to allow or permit disorderly conduct within such premises. (Ord. No. 42, SS 2-8, 2-9, 8-7-67) Secs. 8-4 - 8-19. Reserved. ARrICIE II. OCCUPATIONAL LICENSES See. 8-20. Required. It shall be unlawful for any person to engage in any business coming within the scope of this article without first obtaining an occupational license therefor and paying the prescribed fee or tax. See. 8-21. License year established. The license year for licenses required by this article shall begin on the first day of October of each year and end on the last day of September of each year, on which latter day all licenses shall expire. (Ord. No. 40, S 1, 4-5-65). See. 8-22. Limitation on term; half-year licenses. No license required by this article shall be issued for more than one year nor for less than one year prior to the first day of April of each year, after which date a license for six (6) months may be issued on payment of one-half of the amount of the annual license fee. (Ord. No. 40, S 1, 4-5-65). Sec. 8-23. License taxes established. License taxes for the following businesses shall be established by resolution of the City Council. (a) Contractors, which shall include, but not be limited to: General building contractors, class I General building contractors, class II General building contractors, class III Subcontractors (1) Subcontractors shall include but are not limited to: Carpenter Construction Electrical Electrical sign Elevator Engineering Plastering Plumbing Refrigeration Roofing and sheet metal Septic tanks Sign painting -2- Solar heating Sprinkler Structural steel Tile and terrazzo Tile Well drilling Swimming pool Small repair Flooring Glazing landscaping lathing Masonry Moving and wrecking Ornamental metals Painting Paving (b) Entertainment: Shall include but is not limited to: (1) Billiards (2) Bowling (3) Amusement Machines (a) Distributor-Owner (b) Business-per machine (4) Exhibitions (5) Fortune-teller, Palmist, Astrologer, Clairvoyant (6) Motion Picture Theaters (7) Music, nonwire (8) Skating Rink (9) Miniature Golf Course (c) Financial , shall include but is not limited to: Banks Savings and Loan Small loan and finance Building and Loan (d) Industrial, which shall include but is not Limited to: Manufacturing .firms Machine Shops Laundry Plants (1) The determination of that which constitutes a manufacturing or industrial firm shall be either of the following: Industrial Finns Welding Shops (a) The fabrication of one output product different from one or more input products. (b) The treatment of a product on the premises with an end result of jnprovement of the product. (e) Iodging, which shall include, but not be limited to: Apartments Motels and hotels Rooming houses Trailer parks (f) Merchants , which shall include, but not be limited to: Wholesale sales Retail sales Rolling stores (g) Newsmedia, which shall include, but not be limited to: Solicitors Pawnbrokers Radio broadcasting companies Television companies (h) Professional, which shall include, but not be limited to: Newspaper publishing companies Architects Physicians Dentists Attorneys Engineers Accountants Dental hygienists Realtors Chiropractors Agents (i) Restaurants, Nightclubs and Taverns: Musicians Surveyors Ethical hypnotists Veterinarians Stockbrokers Commercial artists Auctioneers Insurance agents Chiropodists or podiatrists (a) Fees shall be governed by size, entertainment and/or assortment(s) offered. -3- (j) Retail, wnich shall include, but not be limited to: Bakeries Bottled gas Firearms Florists Ice distributors General merchants Milk distributors Peddlers of fresh fruit Secondhand dealers New vehicle dealers Cemetery sales The fee for retail occupational licenses shall be as established for merchants. (k) Service businesses, which shall include, but not be Umited to: Automotive service Personal service Repair service Service agency Coin-operated machine service (1) Automotive service shall include, but not be limited to, automobile painting, body and fender work not connected with a garage, vehicle rental, garages, parking lots, rental car agencies, taxi-cabs, wrecker service, car washes and related work, mobile home moving and used car dealers. (2) Personal services shall include, but not be limited to, baths, masseurs, bookkeeping service, cleaners, laundries, storage, dressmakers, embalmers and funeral homes, tailors, interior decorators, photographers, photofinishing, private schools, public stenographers, rug cleaners, taxidermists, canine grooming, upholstering, catering services, delivery of messages, tree and landscaping businesses, extenninators, laboratories, barbershops, beauty shops , self-service laundries and sewer cleaning services. (3) Repair services shall include, but not be limited to, television repair, radio repair, electrical appliance repair and special installation, repair and maintenance service. (4) Service agencies shall include, but not be limited to, advertising, collections, credit bureaus, employment agencies, express companies, patrol agencies, printing or publications, rental agencies, abstract and title services, telegraph agencies, anrored cars, answering services, bonding conpanies, data processing service and local business offices. (5) Coin-operated machine service, includes service and vending machines, but not amusement machines. (1) Utilities, which shall include, but not be limited to: Telephone companies Electricity conpanies Natural gas conpanies Cable television companies (m) Wholesale, which shall include, but not be limited to: Food dealers Petroleum dealers Storage warehouses (n) Other occupations: License fees for all other occupations not specifically set forth in this section shall pay a fee as established under a general provision of the fee resolution. Sec. 8-24. Transfer of License. All licenses required by this article shall be transferable with the approval of the City Clerk with the business for which the same were issued when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade. The original license must be surrendered to and filed with the City Clerk and a fee of one dollar ($1.00) paid at the time of the application for such transfer and such transfer, when approved, shall be of the same force and effect as the original license. -4- Sec. 8-25. Revocation. Any license issued under the provisions of this article may be revoked. upon five (5) days notice by the City Clerk when a business other than that designated in the license is conducted or operated, or where any business is conducted in violation of this article or any other ordinance of the city or law of the state. SECTION III - If any section or portion of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV - That all parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect October 1, 1980 upon its final passage and adoption. CITY OF WINTER SPRINGS, FLORIDA By: TROY J. PILAND, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING Aug 12, 1980 SECOND READING Sept 23, 1980 THIS ORDINANCE WAS POSTED 13 DAY OF AUG 1980 Mary t. Norton Signed City Clerk -5- II ..',; :! A...t 1&, 1'80 lVenlus 8".ld P. o. )ox 16$7 santor., Fl. )2171 Dear Sir._ IMl... pI.... f'f.M ..f.ce of,.1:I.. Hear1. for t1M City of Wiater S,..1113., Fl_ld., to .a ,.u..... .. em. .. .... .a ,...1b1 . Pl.... MIICI proo' .f publieation anti 1avoi_ to thb office. Tllauk you for your.a.iataace. Your. ..ery ..rub, CITY OF Wl'ltTD SPRINGS - i'j7 _- '. t, ,// //1' ~l~ I' /C~.'l~~'v Mary or. lort.on, Cit.y Cterk r ,....... ,/ /....-e~,L~rG~. , NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City Hall, 400 N. Edgemon Ave., Winter Springs, Florida, on Tuesday September 9, 1980, at 7:30 p. m. or as soon thereafter as pOSSible, to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPrER 8, SECTIONS 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, AND 8-25 OF THE WINrER SPRINGS CODE OF ORDINANCES ALL PERTAINING TO OCCUPATIONAL LICENSES; TO PROVIDE FOR ADOPtION OF SECTIONS 8-1, 8-2, 8-3, 8-20, 8-21, 8-22, 8-23, 8-24, AND 8-25 ESTABLISHING OCCUPATIONAL LICENSE TYPES, ACQUISITION PROCEDURES AND PROVIDING FOR LICENSE FEES TO BE SEt BY RESOLUtION; PRO- vIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested persons are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald and Sentinel Star, newspapers of general circulation of the City, one (1) tUne at least fifteen (15) days prior to the tUDe of the public hearing. Dated this 15th day of August, 1980. CITY OF WINTER SPRINGS, FLORIDA By: ~~;r:' ~ Mary T. Norton, City Clerk J Augu.t 18, 1980 Seati..t S..- La,.1......'t..... P. o. lox 21)) O..l.so, .,1. .) 2802 Dea.. S f.r.. BMloHd pI.... fJ.ad ItGtice of PubUc ...._ for the Cl~y of Wiat.er 8,..t...a, F_tela, to It. ,-U...... ..tt...a ... .s ,..stltl.. Pl.... ..mI ,",f of puDUUU.... aM i1lYOtce to thi. office. Tit... you f. 1eut' ass1.u1lCe. tour. very end,. ctry OF wtftD SPfllllGS Mary T. NortoD, o ity 0 lerk Ewening JIeta1d/b)~~~il~ l[~OT:CEOFPU.L1C.EA".G .~ !!!J CITY OF An Independent Newspaper WINTER SPRINGS, FLORIDA . .... TO WHOM IT MAY CONERN: SANFORD, SEMINOLE COUNTY, FLORIDA AUr, 2 5 tnftI't1 .NOTlCE IS FlEREBY .GIVEN . .;o,OU by the City Counc,Q, City of Winter spring ... said CITY of I'!!'T."; ..n!?...!NGS City qwncll a public r hearlnif'at t II. 400 N. , Edgemon Ave.. ter Sorlngs. . Tuesday,. September 9. 1980. at 7: 30 p.m. or as soon thereafter as possible. to consider an ()rdinance en:~e6':';lfoIlOW~; ~~.itITY OF WI~t. . . S. FLOR. IDA. REPEAL, CHAPTER 8, S~CTION6 8-1, 8-1;8.3. 8-20.8-21.8- 22, 8-23. 8-24. ANDI 8-25 OF TH E WINTER SPRINGS CODE OF ORDI.NANCESALL PER. TAINING TO OCCUPATIONAL LICENSES; TO PROVIDE FOR ADOPTION OF SECTIONS 8-1, 8- 2, 8-3. 8-20,' 8-21, . 8-22. 8-23. 8-24. AND ,,8-25 ESTABLISHING OC. CUPI'~"'AL.il.,I,~Ei'NSETYPES. ~~~s'ti~r;~:~~C~~:;!j nON; PROVIDING FOR SEVER- ABILITY;' CONFLICTS AND EFt' l:CT IVEOATE. A copy ofsal' or.dlnance shall be available. at the Office of the City Clerk of th,e City of Win. terSprl!igs, Florida. for all persons deSlr to.,xaIlJJne same. All lnfer'-'eCtJl\;ersons are In.' vlt . at . be heard. T' ~autillShed In t a. sent lnel star. .. general ell'. culatlon of .. e e (1) tlmeat leastflfteen (15) 's prior to the time of the arlng. Dated th IY of August, 1980. City of Florida By: Mary T . Norton. City Clerk ~ublish Aug, 21. 1980 DEl.90 STATE OF FLORIDA COUNTY OF SEMINOLE .~~;ri ~::/:~~ Before the undersigned authority personally appeared.............."...,.....,. . . . .Ruth . f.. . Rowley.. . . . . . . . . . . .. . . .. .. .. . . . .. .. . . . . . who on oath says that he is ... .Off~.C;:!:1. .~.~r:l.~g~:r............... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a......... .Lega~ .Notice,......................... ..in the matter of .P.ublic .H.earing. .re.:. .CONS.lDER .URDI.NANCE...........,................... . . . . . . . . . . .. . . . .. . .. . .. . .. . . . . .. . . . . . .. . . . .. . . .. . . . . . . . .. in the .t;~.:n:;l:I~.~. . .. . . Court, was pUblished in said newspaper in the issues of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Augus.t. 21.,. .1980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~J.E;l~. . day of . '/<~.''--~-.I......... .~J.I. ~..l?. ...>,/..A. D. '. l~Q. /"... ~.. r::::~ . ,,.. .' .j'~ '. I 1../' . ~(;l-()./te.4;f-,~ ~: t:t::t{ pr.'i.~ . ~. '/ ~~AL) bUe . Notary Public, State of Flo . My commission expires June 12, 1 3 Bonded with Lawyeu Surety Cor~ P~H~A?~H ... . ...