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Item O1 * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19.2009 - KL Division: County Attornev Bulk Item: Yes No ---.2L Staff Contact: Cynthia Hall. #3174 AGENDA ITEM WORDING: A Public hearing to consider adoption of an ordinance deleting Sections 23-82, 23-83, 23-85(e), 23-88, 23-93 of the Monroe County Code and amending Sections 23-102 and 23-11 1 (a) (3) of the Monroe County Code. ITEM BACKGROUND: The proposed ordinance was drafted after a review of Chapter 23 (business taxes) with "the Tax Collector. The first intent of this ordinance is to delete Section 23-82 of the Monroe County Code which dispenses with the requirement for charitable, religious, ,fraternal, educational, and non-profit organizations to apply to the BOCC for a waiver of business taxes, because they are already entitled to the waiver under Sections 205.191 and 205.192, F.S. The other objective of the proposed ordinance is to remove language that is unnecessary, clarify language in conflict with Florida Statutes or other sections of the Monroe County Code, and to amend Section 23-111 (a)(3) of the Monroe County Code to add a new provision, providing what business tax should be paid by owners of vending machines that sell internet access. PREVIOUS RELEVANT BOCC ACTION: 7/15/09 BOCC approved Public Hearing for August 19, 2009 at 3:00 p.m. in Key Largo CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval TOTAL COST: Cost of advertising INDIRECT COST: N/A BUDGETED: Yes _No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes ---.2L No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # ORDINANCE NO. -2009 AN ORDINANCE Of THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,; DELETING SECTION 23-82 OF THE MONROE COUNTY CODE; DELETING SECTION 23-83 OF THE MONROE COUNTY CODE; DELETING SECTION 23-85(e) OF THE MONROE COUNTY CODE; DELETING SECTION 23-88 OF THE MONROE COUNTY CODE; DELETING SECTION 23-93 OF THE MONROE COUNTY CODE; AMENDING SECTION 23-102 OF THE MONROE COUNTY CODE; AMENDING SECTION 23..111 OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 205.191, Florida Statutes, provides that business taxes are not required for practicing the tenets of any church; and WHEREAS, Section 205.192, Florida Statutes, also provides that business taxes are not required for charitable, religious, fraternal, youth, civic. service, and other similar organizations that make occasional sales or engage in fundraising projects performed exclusively by members and where the proceeds will be used exclusively for the organizations; and WHEREAS, if Monroe County Code (MCC) Section 23-82 is deleted. charitable, religious, fraternal, education and nonprofit organizations will not be required to submit an application for a waiver of business taxes to the Board of County Commissioners to which the organizations are already entitled under Sections 205.191 and 205.192, Florida Statutes; and WHEREAS, the cost of a field person to monitor persons who advertise space on the sides of boats, cars, buses, trucks and other vehicles outweighs the business tax collected pursuant to Section 23-83 of the Monroe County Code ("MCC"), business tax for advertising space renters; and WHEREAS, MCC Section 23-85(e) (business tax for hotels, apartment hotels, motels, etc.) contains language which is ambiguous and inconsistent with MCC Section 23-85( c); and WHEREAS, no travelling entertainment or sales presentations appear to exist or have ever paid a business tax in Monroe County pursuant to MCC Section 23-88, and thus the section appears to be unnecessary; and WHEREAS, no emigrant agents appear to exist or have ever paid a business tax in Monroe County pursuant to MCC Section 23-93, and thus the section appears to be unnecessary; Clnd WHEREAS, Section 539.001, Florida Statutes (the Florida Pawnbroking Act), requires that all pawnbrokers be licensed by the Florida Department of Agriculture and Consumer Services and that all pawnbrokers in Monroe County demonstrate 1 compliance with this statute, but MCC Section 23-102 does not currently set forth this requirement; and WHEREAS, Section 23~111 needs to be revised to address the category of vending machines that sell internet access. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: [PROPOSED TEXT CHANGES are presented in strikethrough to indIcate deletions and underline to indicate additions.] Section 1. Section 23~82 of the Monroe County Code shall be deleted in its entirety. Section 2. Section 23-83 of the Monroe County Code shall be deleted in its entirety. Section 3. Section 23~85(e) of the Monroe County Code shall be deleted in its entirety. Section 4. Section 23-88 of the Monroe County Code shall be deleted in its entirety. Section 5. Section 23-93 of the Monroe County Code shall be deleted In its entirety. Section 6. SeCtion 23-102 of the Monroe County Code shall be amended to read as follows: Every person engaged in the business of pawnbroker must pay a business tax of $337.50 for each place of business. Every person enaaaed in the business of pawnbroker must displav and exhibit to the tax collector the license for the current year issued to the pawnbroker by the Florida Deoartment of Aariculture and Consumer Services crier to the tax collector acceptina the business tax oavment and issuina a tax receipt. Section 7. Section 23R111(a)(3) of the Monroe County Code shall be amended to read as follows: (3) Service vending machines. The fee shall be $15.00 for each machine. As used herein. the term "service vendinQ machine" shall include, but not be limited to. machines that sell internet access for a fee. Section 8. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected such invalidity, Section 9. ~ All ordinances or parts of ordinances In conflict with this ordinance are hereby repealed to the extent of the conflict. 2 Section 10. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto. Section 11. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of August, 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY~ -FLORIDA By: Deputy Clerk By: Mayor/Chairperson % MONROE COUNTY ATTORNEY ~Df.~RM: - CYNTHIA L. HAL:L ASSISTAW COUNTY ATTORNEY - {-~O~ - O ata .......---" -- 3