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Ordinance 010-1978 ORDINANCE NO. 10 - 1978 AN ORDINANCE RELATING TO MONROE COUNTY; AMENDING ORDINANCE NO. 5-1972 AS AMENDED BY ORDINANCE NO. 17-1976; SAID ORDINANCE ENTITLED: "BEING AN ORDI- NANCE RELATING TO OCCUPATIONAL LICENSE TAX, ETC." TO PROVIDE REQUIREMENTS FOR ISSUANCE OF OCCUPATIONAL LICENSES TO PEDDLERS; TO PROVIDE FOR THE APPLICATION FORMS TO BE FILLED OUT BY ALL APPLICANTS FOR AN OCCUPATIONAL LICENSE; TO ESTABLISH THE REQUIREMENT THAT AN APPLICANT'S PLACE OF BUSINESS BE PROPERLY ZONED FOR COMMERCIAL ACTIVITIES; TO LIMIT THE ISSUANCE OF LICENSES TO ONE LICENSE PER BUSINESS ADDRESS EXCEPT IN CASES WHERE THE OCCUPATIONAL LICENSES ISSUED ARE IDENTICAL; PROVIDING FOR RETRO- ACTIVE APPLICATION OF THE SINGLE BUSINESS LOCATION REQUIREMENT TO PROVIDE THAT EXISTING LICENSE HOLDERS SHALL NOT HAVE SAID LICENSES RENEWED UNLESS IN COM- PLIANCE WITH THE SINGLE BUSINESS LOCATION REQUIRE- MENT; PROVIDING PENALTY FOR VIOLATION AND PROVIDING AN EFFECTIVE DATE." BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS: Section 1. That paragraph (9) to Section 2 of Monroe County Ordinance No.5 - 1972, as amended, be added to read as follows: "(9) The word "peddler" as used in this ordinance shall mean any individual, whether a resident of Monroe County or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attemp- ting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within Monroe County for the sole purpose of exhibiting samples and taking orders for future delivery. The word "peddler" shall include the terms "canvasser", solicitor", "transient or itinerant merchant or vendor", or "transient or itinerant photographer." j ":":. ()Q.-.IL- R... :,,:~: ___~ 'ld-. . ' APPROVED ON _ -- IilOO~...... 13 -1- The provisions of this ordinance relating to peddlers shall not apply to the following persons or activities: 1. solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in Monroe County, 2. 3. those individuals who sell or take orders for sale and/or for delivery only from retailers or wholesalers, 4. those individuals, organizations or businesses licensed by the State of Florida for such activities, 5. those individuals, organizations or businesses which are predominately engaged in interstate commerce so that their regulation under this ordinance would const itute interference with interstate commerce, 6. persons selling books, newspapers, periodicals or other publications who have been residents of Monroe County, Florida for the six (6) month period immediately prior to engaging in such activities. Section 2. That paragraph (h) of Section 3 of Monroe County Ordinance No. 5-1972, as amended, be and the same is hereby amended to read as follows: "(h) No license shall be issued except upon written application of the person applying for same. The form of said application shall be designed by the County Tax Collector and the County Property Appraiser. No license shall be issued for any business unless the property where the business is to be located is properly zoned for such commercial activity. The form designed by the Tax Collector and Property Appraiser 1~ -2- shall contain a provision for signature by the Monroe County Planning and Zoning Director who shall certify to the zoning appropriateness by signing said application and no license shall be issued without his signature affixed thereto. In no instance shall a license be issued to an applicant for a street address where an existing business is presently being conducted unless the applicant can strictly demonstrate that he has a specific identifiable office, suite, room or business area at said address allocated solely for the use of his business apart from the other businesses located at s.aid address. This requirement shall not apply if all of the existing businesses at said address have identical County occupational licenses as the County occupational license applied for by the applicant, nor shall this requirement preclude the joint use of waiting rooms, restroom facilities, secretarial, storage or answering serv.ice areas by two or more businesses located at the same street address, so long as the separate office area requirement be met. The Tax Collector, before issuing a license based wholly or in part upo~ capacity, number of pe~sons employed, or any other contingency, shall require the person applying for such license to file a statement giving full and complete informat ion relat ive to the capac ity, number of persons employed, or other contingency, as the case may be; The applica- tions and statements required by the section shall be retained as a part of the records of the Tax Collector's Office and a copy shall be filed with the County Property Appraiser's Office. The single business address requirement set forth above shall not apply to a person who is obtaining more than one occupational license. Section 3. That Section 47 of Monroe County Ordinance No.5- 1972, as amended, be and the same is hereby amended to reas as follows: 15 -3- "Section 47. Peddlers - It shall be unlawful for any person to engage in business as a peddler within Monroe county without first obtaining a permit from the county Tax Collector to do so. (1) Applicants for a permit under this article shall file with the County Tax Collector a sworn application in writing, in duplicate, on a form to be furnished by the County Tax Collector, which shall give the following information: (a) The name and a description of the applicant; (b) The permanent home address and full local address of the applicant; (c) A brief description of the nature of the business and the goods to be sold; (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (e) The length of time for which the right to do business is desired; (f) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery; (g) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner; (h) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; (i) Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery; (j) The last five (5) municipalities wherein the applicant has worked before coming to Monroe County, and (k) Such other relevant information as may be required by the investigation of the applicant. 1l, -4- (1) At the time of filing his application for a permit required by this ordinance, the applicant shall present his driver's license, if he has one, to the Tax Collector. (m) At the time of filing the application, a fee of five dollars ($5.00) shall be paid to the Tax Collector to cover the cost of investigation of the facts stated therein. (n) It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this article. 2. Before any permit shall be issued under the plovisions of this ordinance, the applicant therefor shall pay a fee of $15.00 3. Bond: (a) Every applicant, not a resident of Monroe County, or who is a resident of Monroe County and represents a firm whose principal place of business is located outside the state, shall file with the Tax Collector a surety bond running to the County in the amount of one-thou- sand dollars ($1,000.00) with surety acceptable to and approved by the County Administrator, conditioned that the applicant shall comply fully with all the applicable provisions of this ordinance and state law regu- lating and concerning the business of peddling and guaranteeing to any citizen of the County that all money paid as a down payment will be accounted for and applied according to the representations of the peddler, and further guaranteeing to any citizen of the County doing business with such peddler that the property purchased will be delivered according to /1 -5- the representations of such peddler, Action on such bond may be brought in the name of the County to the use or benefit of the aggrieved person. (b) If the applicant is an agent, employee, canvasser or solicitor of a corporation authorized to do business in this state or registered under the fictitious name act of the state, such corporation or fictitious name business may furnish one (1) bond in the amount of one thousand dollars ($1,000.00) for any and all of its agents, employees, canvassers or solicitors. 4. Service of process. Before any permit shall issue under this article, there shall also be filed with the County Tax Collector an instrument in writing, signed by the applicant under oath, nominating and appointing the County Tax Collector his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on the behalf of such applicant, and service of summons in any action brought upon the applicant's bond shall be deemed made when served on the County Tax Collector. 5. Investigation. Upon receipt of an application for a permit required by this article, the original shall be referred to the County Administrator who shall cause such investigation of the applicant's business character to be made as he deems necessary for the protection of the public good. The County Administrator shall complete his investigation within one (1) week of receiving the application. 6. Denial or Issuance. If, as a result of investigation, the applicant's business responsibility is found to be unsatisfactory, the Tax Collector shall notify the applicant that his application is disapproved and that no permit shall be issued. If, as a result of investigation, the business responsibility of the applicant are found to be satisfactory, the Tax Collector shall, upon payment of the required fee, deliver the permit to the applicant. 7. Contents. Each permit issued under this ordinance shall contain the 1~ -6- signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such business. The Tax Collector shall keep a permanent record of all permits issued under this ordinance. 8. Permit Display. Every peddler having a permit issued under the provisions of this ordinance and doing business within the county shall display his permit upon the request of any person, and failure to do so shall be deemed an offense. 9. Duration. Every permit issued under the provisions of this ordinance shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in excess of twelve (12) months. 10. Revocation. Any permit issued under the provisions of this ordinance may be revoked by the County Commissioner for the violation by the permittee of any applicable provision of this ordinance, state law or other rule or regulation. 11. Entrance to premises restricted. It shall be unlawful for any peddler to enter upon any private premises when such premise are posted with a sign stating "No Peddlers Allowed" or"No Solicitations Allowed" or other words to such effect. 12. Refusing to leave. Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such premises, shall be deemed guilty of an offense under this ordinance. 1'\ -7- 13. Misrepresentation. It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality of his goods, wares, mer- chandise or services for the purpose of inducing another to purchase the same. 14. Hours of operation. It shall be unlawful for any peddler to engage in the business of peddling within Monroe county between the hours of one-half (~) hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer." Section 4. That section 48 to Monroe county Ordinance No.5 - 1972 be and the same is hereby added to read as follows: "Section 48. The provisions of this ordinance shall be given retroactive application and those businesses having current Monroe County Licenses shall not have the same renewed, if not in compliance with the single business location requirement contained in Section 3 (h) of this ordinance. Section 5. That Section 115 of Monroe County Ordinance No. 5 - 1972 be and the same is hereby amended to be renumbered to section 43 and to read as follows: "Section 43. Penalties: Any person who willfully refuses or neglects to make any statement, report, or return required by the provisions of this ordinance or who violates any of the provisions of this ordinance shall be guilty of a misdemeanor of the second degree punishable as provided in Sections 775.082 or 775.083. In addition to such penalty upon conviction, the Board of County Commissioners may revoke or suspend the occupational license of any violator. Each day or part thereof during which any person engages in business without being the holder of an uncancelled license as required by this ordinance shall constitute a separate offense within the meaning of this section. ~o -8- Section 6. This ordinance shall take effect October 1, 1978. HERr"y C""T't" t~-t ~,,;" ["U"~",,. --or I ,-'iI t.~l. :~i ,,~,j L, '-' ~;:"'c,,;c."'"'' ..,.~:) . d f I or.o_! (':."~f,~~"'-'w,,': "'~',~ been revlcwc &f '\.,,~ ~'"''''.'''':..'''~ content and tllat tile szm~ meets W!',il ,,:y approval. /f4.lfI'~ A "'1,~ RICMARD G. P Y!lE A;;z'l. C~m~'~] ~n~:f;~~'1 '6/ j)Ufttafl! of j)tatt STATE OF FLORI DA THE CAPITOL TALLAHASSEE 3Z304 Jesse J. McCrary, Jr. SECRETARY OF STATE August 8, 1978 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, FL 33040 Attention: Virginia Pinder Dear Mr. White: Pursuant to the provisions of Section 125.66 Florida Statutes, this will acknowledge: V"l. Receipt of your letter Is of and certified copy lies of County Ordinance/s No. Is August 1, 1978 Monroe 78-9 R~ 7~ 1 () 2. Receipt of an originallls and certified copy lies of County Ordinance/s No. Is 3. Receipt of relative to' County Ordinance/s /4. We have filed this /these Ordinance/s in this office 1978. Ang'll.c:::r. R 5. We have numbered this !these Ordinance Is and was /were filed in this office 1978. 6. The original/duplicate copy lies showing filing date islare being returned for your records. Cordially, --:/- /.' rs~cy Kavanau Chief',) ~:~u of Law NKI mb P_ S. Ord. No. 78-8 is listed correctly. <61.--