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Home My WebLink AboutOrdinance 431 Occupational License ORDINANCE NO. 431 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 8-21 OF ARTICLE II. OCCUPATIONAL LICENSES TO PROVIDE FOR DELINQUENCY PENALTY FOR ALL LICENSES NOT RENEWED BY OCTOBER 1; PROVIDING FOR PENALTY FOR PERSONS ENGAGING IN BUSINESS WITHOUT FIRST OBTAINING AN OCCUPATIONAL LICENSE; PROVIDING THAT NO LICENSE REQUIRED UNDER THIS CHAPTER SHALL BE ISSUED TO ANY PERSON, FIRM, ETC. WHICH HAS ACQUIRED A BUSINESS FROM SOMEONE OWING A LICENSE FEE UNTIL DELINQUENT FEES ARE PAID; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, deems it to be in the best interest of the citizens of the City of Winter Springs, Florida to amend Sec. 8-21 of Article II. Occupational Licenses, to provide for delinquent penalties, and to provide for penalties for persons engaging in business without first obtaining an occupational license, and to provide that no license required under this Chapter shall be issued to any person, firm, etc. which has acquired a business from someone' owing a license fee until delinquent fees are paid. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I: That Section 8-21 of Article II. Occupational Licenses of Chapter 8 Licenses and Business Regulations is hereby amended to include the following: Sec. 8-21. License year established. a. Those annual licenses not renewed by October 1st shall be considered delinquent and subject to a delinquency penalty as follows: (1). After October 1st - 10% of license fee. (2). After November 1st - 15% of license fee. (3). After December 1st - 20% of license fee. (4). After January 1st - 25% of license fee. (5). After February 1st - closing of business in addition to any other penalty prescribed by ordinance. b. Any person engaging in or managing any business, occupation, or profession without first obtaining the license provided for herein shall be subject to a penalty of twenty-five per cent (25%) of the license determined to be due, in addition to any other penalty provided by law or ordinance. c. No license required under this chapter shall be issued to any person, firm, association, or corporation which has acquired a business from someone owing a license fee hereunder for said business until the delinquent license fees are paid, provided however, that part or all of said increase may be rebated by action of the City Commission. SECTION II: If any section or portion of a section or sub- section 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 section or subsection or part of this Ordinance SECTION III: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV: This Ordinance shall take effect immediately upon its passage and adoption. Passed and adopted this 26th day of September, 1988. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 8/8/88 Posted 8/11/88 Second Reading and Public Hearing 9/26/88 MEMO TO: CITY MANAGER FROM: BUILDING OFFICIAL ~ SUBJECT: RECOMMENDED CHANGE TO CODE DATE: July 20. 1988 1) I recommend the following be added to Section 8-21 o'f the City Code: A) Those annual licenses not renewed by October 1st shall be considered delinquent and subject to a delinquency penalty as follows: 1) After October lst--10% of license fee. 2) After November lst--15% of license fee. 3) After December lst--20% of license fee. 4) After January lst--25% of license fee. 5) After February lst--Closing of business in addition to any other penalty prescribed by ordinance. B) In addition. any person engaging in or managing any business. occupation. or profession without first obtaining the license provided for herein shall be subject to a penalty of twenty-five per cent (25%) of the license determined to be due. in addition to any other penalty p rovi ded by 1 aw or ordi nance . C) No license required under this chapter shall be issued to any person. firm. association. or corporation which has acquired a business from someone owing a license fee hereunder for said business until the delinquent license fees are paid. provided however. that part or all of said increase may be rebated by action of the city commission. 2) I recommend Section 8-24 be changed to delete "City Clerk" in both sentences and insert "Building Official". Also to delete "one dollar ($1.00)" and insert "three dollars ($3.00)". These changes are permitted by F.S. 205.043 and 205.053 and would be a step forward in covering the costs of administering the occupational license ordinance. The change in reference to City Clerk is to put the responsibility on the Building Official since that Department administers the program. e~: ;:;.v. ih~. e,;y t'M..t'<: The Orlando Sentinel Publiabed Daily Altamo~te SpringS, Seminole County, Florida ~tate of 1IorihZt} SS. COUNTY OF ORANGE ADVERTISING CHARGE $39.06 Before the undersigned authority personally appeared Virginia E. Skurow in the Court, NonCE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commission of the City of Winter SP.!'ings. Florida, thai said Commission WIn hOld a Public Hearing on an ordi- nance entilled as follows: ORDINANCE NO. 431 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 8-21 OF AR- TICLE II. OCCUPATIONAL LI- CENSES TO PROVIDE FOR DELIN- QUENCY PENALTY FOR ALL li- CENSES NOT RENEWED BY OC- TOBER 1; PROVIDING FOR PENALTY FOR PERSONS ENGAG- ING IN BUSINESS WITHOUT FIRST OBTAINING AN OCCUPATIONAL LICENSE; PROVIDING THAT NO lICENSE REQUIRED UNDER THIS CHAPTER SHALL BE ISSUED TO ANY PERSON, FIRM, ETC. WHICH HAS ACQUIRED A BUSINESS FROM SOMEONE OWING A LI- CENSE FEE UNTIL DELINQUENT FEES ARE PAID; PROVIDING F0R SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 I p.m. on Sept. 26, 1988 or as soon ther- eafter as possiblain the Commission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708. Copies 01 the proposed ordinance are available in the office 01 the City Clerk lor inspection. Interested parties may : appear at this hearing and be heard I with respect to this proposed ordinance. i P_ ,ll(e..aGlviaed ,lhaUI.tbey ~lleQlIgJt to appeal any deciston .lJ1IllM; .. .... : i meeting, they wiG n(!9d a record 01 the proceedings'and tor SUCh purpose,-they may n(!9d to 8IllIUf8 INl a verbatim re- cord 01 the proceedings is made which record includes the ~ and evi- dence uPon which the appeal is to be based. per SectiOn 286.0105 Florida Statutes. Dated this 15th day 01 Aug. 1988. CITY OF WINTER SPRINGS FLORIDA ls/MfIIY T. Norton Mary T. Norton City Clerk LS-721(6s) Sept.4,1988 , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being II Notice of Public Hearing in the matter of Ordinance No. 431 was published in said newspaper in the issues of September 4, 1988 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she 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. I; I ' ;,~ ~. ~ ~... Sworn to and subscribed before me this 6 t h day of September FORM NO. AD-264 ~