Ordinance 008-1981.n_
ORDINANCE NO. 8 -1981
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, BE AMENDED BY REVISING CHAPTER 12
OCCUPATIONAL LICENSE TAXES AND REGULATIONS, OF
SAID CODE; PROHIBITING THE CONDUCT OF A BUSI-
NESS OR PROFESSION IN MONROE COUNTY, FLORIDA
WITHOUT AN OCCUPATIONAL LICENSE; PROVIDING DEFI-
NITIONS; LEVYING OCCUPATIONAL LICENSE TAXES;
PRESCRIBING THE METHOD OF ISSUANCE, TAX COLLEC-
TION, TERM OF LICENSE, DELINQUENT FEES, TRANS-
FER OF LICENSES, EXEMPTIONS, CLASSIFICATIONS,
DISTRIBUTION OF REVENUE, AND REVOCATION OF
LICENSES; PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR THE REPEAL OF ORDINANCES NO. 5-
1972, NO. 17-1976, AND NO. 10-1978, ALL AS
AMENDED; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE COUNTY OF MONROE, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.
That Chapter 12, Occupational License Taxes and
Regulations, of the Code of Ordinances of the County of Monroe,
Florida, be amended so that such Chapter shall read as follows:
"Section 1. PURPOSE AND SCOPE
The purpose of this ordinance, pursuant to Section 205.033,
Florida Statutes, as amended in 1980, is to permit an increase of
100% for occupational license taxes of $100.00 or less, an increase
of 50o for occupational license taxes of $101.00 to $300.00 and
an increase of 25% for occupational license taxes of more than
$300. This ordinance is also for the purpose of repealing prior
ordinances relating to occupational licenses, and to provide an
effective date for this ordinance.
Section 2. OCCUPATIONAL LICENSE TAXES
No person shall engage in or manage any business, profession
or occupation in Monroe County for which an occupational license
tax is required by this Ordinance or other law of this State,
unless a county license shall have been procured from the tax col-
lector, as provided by this Ordinance or other law of this state.
The license shall be issued to each person upon receipt of the
appropriate license tax.
-2-
Section 3. DEFINITIONS
For the purpose of this Ordinance:
(1) The definitions of Chapter 1.01, Florida Statutes are
adopted.
(2) "Taxpayer" means any person liable for taxes imposed
under the provisions of this Ordinance, any agent required to file
and pay any taxes imposed hereunder, and the heirs, successors,
assignees and transferees of any such person or agent.
(3) "Classification" means the method by which a business or
group of businesses is identified by size or type, or both.
(4) "Department" means the department of revenue.
(5) "Business", "profession", and "occupation" do not include
the customary religious, charitable or educational activities of
non-profit religious, non-profit charitable and non-profit educa-
tional institutions in this county; which institutions are more
particularly defined and limited as follows:
(a) Religious institutions shall mean churches, and
ecclesiastical or denominational organizations, or established
physical places for worship in this county at which non-profit
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 non-profit 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. Non-profit libraries, art gallaries and museums
open to the public are defined as educational institutions
and eligible for exemption.
(c) Charitable institutions shall mean only non-profit
corporations operating physical facilities in Florida at
which are provided charitable services, a reasonable per-
centage of which shall be without cost to those unable to
pay.
-3-
(6) "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 attempting to
take orders for the sale of goods, wares and merchandise,
personal property of any nature whatsoever, or for services
to be furnished or performed, 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, mobile, or itinerant merchant or vendor", or
"transient or itinerant photographer". It shall not include
those individuals who sell or take orders for sale and/or for
delivery only from retailers or wholesalers; those individuals,
organizations or businesses which are predominantly engaged in
interstate commerce so that their regulation under this Ordi-
nance would constitute interference with interstate commerce;
and 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 4. DISPOSITION OF REVENUES
(1) The tax collector shall determine the annual cost of
collecting occupational license taxes, including overhead expense
and shall deduct this cost from the first monies collected in each
license year.
-4-
(2) The balance of the taxes collected shall be distributed
between the unincorporated area of Monroe County and the municipal
corporations in the county in the proportion that the population
of each bears to the total county population, except as otherwise
provided by law.
Section S. TERMS OF LICENSE TAXES; TRANSFER
(1) No license shall be issued for more than one year and all
licenses shall expire at midnight on September 30 of each year,
except as otherwise provided by law;
(2) All business licenses may be transferred to a new owner
where there is a bona fide sale of the business upon payment of a
transfer fee of three dollars ($3) and presentation of evidence
of the sale and the original license;
(3) Upon written request and presentation of the original
license, any license may be transferred from one location to
another location in this county upon payment of a transfer fee of
three dollars ($3).
Section 6. WHEN LICENSE TAX PAYABLE; FRACTIONAL LICENSES
All licenses shall expire at midnight on September 30 of each
year. Any person who was not liable for a license during the first
half of the license year may be issued a license during the second
half of the license year upon the payment of one-half the amount
fixed as the price of such license for one year.
Section 7. ISSUANCE OF LICENSE; APPLICATION
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.
This provision shall not apply to any license applied for
under Section 47, Trading, Bartering, Serving or Selling Tangible
Personal Property, and Section 52, Peddlers, of this Ordinance,
- 5-
as those sections apply to vehicles or other movable places of
business, unless some portion of the business is connducted at a
permanent location.
The form designed by the tax collector and property appraiser
shall contain a provision for signature by the 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 said address. This requirement
shall not apply if all of the existing businesses at said address
have identical county occupational licenses as the county occupa-
tional license applied for by the applicant, nor shall this require-
ment preclude the joint use of waiting rooms, restroom facilities,
secretarial, storage or answering service 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 upon capacity, number of persons employed or any other con-
tingency, shall require the person applying for such license to
file a statement giving full and complete information relative
to the capacity, number of persons employed, or other contingency,
as the case may be. The applications 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.
0
Section 8. VIOLATIONS
Any person who fails to secure a license required by this
Ordinance or who knowingly makes a false statement relative to
an application for a license, or who otherwise violates the pro-
visions of this Ordinance, shall be guilty of a misdemeanor of the
second degree, and shall be subject to prosecution in the manner
provided by general law; and upon conviction, such person shall be
subject to a fine or imprisonment, or by both such fine and impri-
sonment, as provided by general law, Florida Statutes, Sections
775.082 and 775.083.
Section 9. ISSUANCE OF LICENSE; MANNER, FORMS, ETC.
The county shall furnish such forms as are required to the
tax collector of Monroe County. The tax collector shall fill out
and validate each license before issuing the same to the person
paying the necessary amount therefor. The tax collector shall make
a duplicate of each license issued. The person obtaining the
license shall keep the same displayed conspicuously at the place
of business and in such a manner as to be open to the view of the
public and subject to the inspection of all duly authorized
officers of the county. Upon failure to do so, he shall be subject
to the payment of another license tax for engaging in or managing
the business or occupation for which the license was obtained.
Section 10. DELINQUENT LICENSE TAX; PENALTY
(1) Whenever any license tax provided by this Ordinance to be
paid to the tax collector shall not be paid by the due date of
October 1, the tax shall be considered delinquent, and subject to
delinquency penalty of ten per cent (100) for the month of October,
plus an additional five per cent (5%) penalty for each month of
delinquency thereafter until paid; provided that the total delin-
quency penalty shall not exceed twenty-five per cent (250) of the
occupational license fee for the delinquent establishment. In
addition to the penalty, the tax collector shall be entitled to a
five dollar ($5) cost fee, which shall be collected from delinquent
taxpayers at the same time of the pyament of license tax and penalty.
-7-
(2) Any person engaging in or managing any business, occupa-
tion or profession without first obtaining a local occupational
license, if required hereunder, 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.
(3) Whenever any person who is subject to the payment of a
license or privilege tax provided by this Ordinance or any other
law of the state shall fail to pay the same when due, the tax col-
lector or other official to whom the tax is payable may issue a
warrant directed to the sheriff of the county commanding him and
each of them to levy upon and sell any real or personal property
of the person liable for said tax within his respective jurisdic-
tion for the amount thereof and the cost of executing the warrant
and to return such warrant to the officer issuing same and to pay
to him the money collected by virtue thereof within sixty (60)
days from the date of the warrant. The sheriff to whom the warrant
may be delivered shall proceed in all respects and in the same
manner prescribed by law in regard to executions issued against
property upon judgments of a Circuit Court, and shall be entitled
to the same fee for his services in executing the warrant, to be
collected in the same manner. The tax collector may file a copy
of the warrant with the clerk of the Circuit Court of the county,
and the clerk shall record the same, with the costs of recording
being paid by the tax collector, whereupon the amount of the
warrant and recording costs, together with penalties, shall become
a lien for seven (7) years from the due date of the tax upon the
title to and interest, whether legal or equitable, in any property,
whether real, personal or mixed, of the person against whom the
warrant is issued, in the same manner and to the same extent as a
judgment duly docketed in the office of the clerk of the Circuit
Court with execution duly issued and in the hands of the sheriff.
Upon payment of such tax, together with costs and penalties, the
tax collector shall deliver a satisfaction to the person paying
same, who shall be entitled to record same with the clerk of the
Circuit Court upon payment of recording costs.
(4) Any person subject to, and who fails to pay, a license
tax required by this Ordinance, shall, on petition of the tax
collector, be enjoined by the Circuit Court from engaging in the
business for which he has failed to pay said license, until such
time as he shall pay the same with costs of such action. The tax
collector may refuse to issue an Occupational License to an appli-
cant or renew same when Tangible Personal Property has become
delinquent and remains unpaid.
Section 11. OTHER LICENSE TAXES TO BE IN ADDITION TO
OCCUPATIONAL LICENSE TAX
Fees or licenses paid to any municipality board, commission
or officer for permits, registration, examination or inspection
are hereby deemed to be regulatory and in addition to and not in
lieu of any local occupational license imposed under the provisions
of this Ordinance unless otherwise provided by general law.
Section 12. LOTTERY AND GAMBLING NOT AUTHORIZED
No provision of this Ordinance shall be construed to authorize
gambling or the operation of a lottery.
Section 13. EXEMPTION ALLOWED CRIPPLES, INVALIDS, AGED, ETC.
(1) All confirmed cripples or invalids physically incapable
of manual labor, widows with minor dependents and persons sixty-five
years of age or older, with not more than one employee or helper,
and who use their own capital only, not in excess of one thousand
dollars, shall be allowed to engage in any business or occupation
in counties in which they live without being required to pay for
a license; except that this exemption shall not apply to any of
the occupations specified in Sections 28 and 31. The exemption
provided by this Section shall be allowed only upon the certificate
of the county physician or other reputable physician, that the
applicant claiming the exemption is a confirmed cripple or invalid,
the nature and extent of the disability being specified therein,
and in case the exemption is claimed by a widow with minor depen-
dents, or a person over sixty-five years of age, proof of the right
won
to the exemption shall be made. Any person entitled to the exemp-
tion provided by this Section shall, upon application and furnishing
of the necessary proof as aforesaid, be issued a license which shall
have plainly stamped or written across the face thereof the fact
that it is issued under this Section, and the reason or the exemp-
tion shall be written thereon.
(2) In no event pursuant to the provisions of this Ordinance
shall any person, veteran or otherwise, be allowed any exemption
whatsoever from the payment of any amount required by any ordinance
or law for the issuance of a license to sell intoxicating liquors,
malt and vinous beverages; or for the operation of any slot machine,
punch board or any other gaming or gambling device.
Section 14. EXEMPTIONS ALLOWED DISABLED VETERANS OF ANY WAR,
OR THEIR UNREMARRIED WIDOWS
(1) Any bona fide, permanent resident elector of the state who
served as an officer or enlisted man in the United States army or
army reserve, national guard, United States navy or naval reserve,
United States coast guard or coast guard reserve, United States
marine corps or marine corps reserve, or any temporary members
thereof, who have actually been or may hereafter be reassigned by
the army, navy, coast guard or marines to active duty, during any
war, declared or undeclared, armed conflicts, crises, etc., since
the Spanish-American war, beginning April 21, 1896, who was honor-
ably discharged from the service of the United States, and who
at the time of his application for license as hereinafter mentioned
shall be disabled from performing manual labor, shall upon suffi-
cient identification, proof of being a permanent resident elector
in the state and production of an honorable discharge from the ser-
vice of the United States during the aforesaid period of time, respec-
tively, be granted a license to engage in any business or occupation
in the state, which may be carried on mainly through the personal
efforts of the licensee as a means of livelihood and for which the
county or municipal license does not exceed the sum of $SO for each
without payment of any license tax otherwise provided for by law;
-10-
or shall be entitled to an exemption to the extent of $50 on any
license to engage in any business or occupation in the state which
which may be carried on mainly through the personal efforts of the
licensee as a means of livelihood where either the county or muni-
cipal license for such business or occupation shall extend to and
include the right of licensee to operate an automobile for hire
of not exceeding five passenger capacity, including the driver,
when it shall be made to appear that such automobile is bona fide
owned or contracted to be purchased by the licensee and is being
operated by him as a means of livelihood and that the proper license
tax for the operation of such motor vehicle for private use has been
applied for and attached to said motor vehicle and the proper fees
therefor paid by the licensee.
Section 15. FARM, GROVE HORTICULTURAL AND FLORICULTURAL,
TROPICAL PISCICULTURAL AND TROPICAL FISH FARMS
PRODUCTS; CERTAIN EXEMPTIONS
(1) All farm, horticultural, tropical piscicultural, tropical
fish farms, and grove products and products manufactured therefrom
except intoxicating liquors, wine or beer, shall be exempt from
the county license tax when the same is being offered for sale or
sold by the farmer or grower producing said products. The manage-
ment of wholesale farmers produce markets shall have the right to
pay a license of $300 that will entitle its stall tenants to deal
in agricultural and horticultural products without obtaining in-
dividual licenses, but individual licenses shall be required of
such tenants unless such license is obtained for the market.
(2) Every person, other than non-profit cooperative associa-
tions, engaged in the business of packing, processing, or canning
agricultural products not grown by him, shall for each place of
business pay a license tax of $15.00 plus $3.00 for each five per-
sons employed there at; provided said licenses shall not exceed
$150.00.
Section 16. RELIGIOUS TENENTS; EXEMPTION
Nothing in this Ordinance shall be construed to require a
license for practicing the religious tenents of any church.
-11-
Section 17. CHARITABLE, ETC. ORGANIZATIONS, OCCASIONAL SALES,
FUND RAISING; EXEMPTION
(1) No occupational license shall be required of any charitable,
religious, fraternal, youth, civic, service or other such organi-
zation when the organization makes occasional sales or engages in
fund-raising projects when the projects are performed exclusively by
the members thereof and when the proceeds derived from the activities
are used exclusively in the charitable, religious, fraternal, youth,
civic and service activities of the organization.
(2) Upon application by any charitable, religious, fraternal,
educational or non-profit organizations to the Board of County Com-
missioners, occupational license requirements may be waived.
Section 18. SCHOOL ACTIVITIES. CERTAIN EXEMPTION
College and high school students may with the approval of the
athletic association or authority of their school sell the penants,
badges, insignia and novelties of their school without being re-
quired to pay a license.
Section 19. FISH PEDDLERS; CERTAIN PERSONS EXEMPT
Any natural person holding a fresh or salt water fish dealer's
license, whether it be a license to sell at wholesale or retail,
shall be entitled, without being subject to a general peddler's
license tax, to sell or dispose of fish caught or acquired by him
by selling or disposing of the same or offering same for sale,
direct to the consumer only, from vehicles from place to place in
the county where the fish were caught or acquired by the dealer.
Section 20. ADVERTISING SPACE RENTERS
Every person renting for profit advertising space in or on
any boat, car, bus, truck or other vehicle shall pay a license tax
of $3.00 for each such boat, car, bus or truck or other vehicle
operated by him.
Section 21. AMUSEMENT DEVICES
Every person who operates for a profit any game, amusement,
amusement ride or recretaional device, contrivance, or facility
not otherwise licensed by some other Ordinance of this county shall
-12-
pay a license tax of $15.00 on each such game, amusement or re-
creational device, contrivance or facility. This license shall be
good for operation at any location within Monroe County during the
same license year without obtaining an additional license other
than for any additional devices.
Section 22. HOTELS, APARTMENT HOTELS, MOTELS, ETC.
(1) Every person engaged in the business of renting accommo-
dations, as defined in Chapter 509, Florida Statutes, except apart-
ment houses, shall pay for each place of business an amount of
$1.50 for each room. The room count shall not include rooms occupied
by the owner.
(2) The tax collector shall not originally issue an occupa-
tional license to any business coming under the provisions of this
Section until a license has been procured for such business from
the division of hotels and restaurants of the department of busi-
ness regulation.
Section 23. CEMETERIES, MAUSOLEUMS, ETC.
Every person engaged in the business of operating for a profit
a cemetery, mausoleum or similar place of institution, shall for
each place of business pay a license tax of $150.00.
Section 24. CIRCUSES, TRAVELING SHOWS, TENT SHOWS, ETC.;
SIDE SHOWS; LICENSE TAXES
(1) Shows of all kinds, including circuses, vaudeville, min-
strels, theatrical, traveling shows, exhibitions or amusement
enterprises, including carnivals, vaudeville, minstrels, rodeos,
theatrical games or tests of skill, riding devices, dramatic re-
pertoire and all other shows or amusements or any exhibition giving
performances under tents or temporary structures of any kind,
whether such tents or temporary structures are covered or uncovered,
shall pay a license tax of $225.00 for each day.
(2) For the purposes hereof, the show, riding device, con-
cession or side show charging the highest admission or fee shall
be considered the main show in determining the license tax to be
levied. When there are more than one such riding device, conces-
-.13-
sion or side show in this admission or free price group, any one
of the same may be considered the main show.
(3) Any of the shows mentioned in this Section which have
paid a license tax as provided in this Section shall be allowed to
operate a side show upon the payment of a license tax of $30.00 for
each day.
(4) The following shall be considered side shows on which
shall be levied license taxes as provided above.
(a) All riding devices, including merry-go-rounds,
ferris wheels, or any other rides or automatic riding
devices;
(b) All concessions, including revolving wheels, coin
games, throwing balls, rolling balls, cane racks, knife
racks, weighing machines, games or tests of skill or strength,
candy machines, sandwich, confectionery or similar stands or
any other booth, unit, tent or stand commonly known as a
concession; and
(c) Every side show, exhibition, display, concert,
athletic contest, lecture, minstrel or performance to which
admission is charged, a fee collected, or a charge is made
for anything of value; provided that no license shall be
issued for a side show unless a license has been paid for
a main show, or exhibition or structure; and provided fur-
ther that both licenses shall be issued to the same party
and for the same day.
(5) The license taxes provided for by this Section shall be
collected for each and every tent and for each and every day to
which admission is charged; provided, that annual licenses may be
issued to any of the shows or exhibitions mentioned in this Section
when such show or exhibition is permanently located in one place,
upon the payment of six times the full amount of the daily license
tax, according to the charge for admission and population as de-
fined and prescribed by this Section; but a license so issued shall
-14-
be good only for the place for which it was originally taken out,
and the tax collector shall so state in writing on the face of
each such license.
(6) No fractional license shall be issued under this Section.
(7) Exempt from the provisions of this Section are public
fairs, expositions, as defined in Chapter 616, Florida Statutes,
and exhibits held by bona fide non-profit organizations on the prem-
ises of a licensed public lodging establishment in connection with
aconvention.
Section 25. TRAVELING MEDICINE SHOWS
(1) There is hereby levied a daily license fee of $75.00 in
addition to all other licenses on itinerant medicine shows where
entertainment is given incidental to or as part of an effort to
sell any product by such licensee in the county.
(2) The additional license fee here imposed shall be collected
and the license issued in the same manner as the licenses provided
for in Section 24.
Section 26. CAFES, RESTAURANTS AND OTHER EATING ESTABLISH-
NTS
(1) Every person engaged in the business of operating a
restaurant, cafe, snack bar, take-out service, dining room, drive-
in eating establishment, or other public eating place, whether
operated in conjunction with some other line of business or not,
except dining rooms in licensed public lodging establishments,
shall pay a license tax based on the number of people for whom
he has seats or accommodations for the service or consumption of
food at any one time, in accordance with the following schedule:
(a)
0 -
30 seats
$ 30.00
(b)
31
- 74 seats
$ 60.00
(c)
75
- 149 seats
$ 90.00
(d)
150
or more seats
$120.00
(e) Drive-in restaurants where customers are served while
seated in their cars shall pay a license tax of $60.00.
The license required by sub -paragraph (3) of this Sec-
-15-
tion shall be in addition to the license required by sub-
paragraphs (a) through (d) of this Section.
(2) The tax collector shall not originally issue an occupa-
tional license to any business coming under the provisions of
Chapter 509, Florida Statutes, until a license has been procured
for such business from the division of hotels and restaurants of
the department of business regulation.
Section 27. CONTRACTING
(1) Each person who contracts or subcontracts to construct,
alter, repair, dismantel or demolish buildings, roads, bridges,
viaducts, sewers, water and gas mains or engages in the business of
construction, alteration, repairing, dismantling or demolition of
buildings, roads, bridges, viaducts, sewers, water and gas mains
must obtain a license as a contractor. The license tax shall be
determined by the maximum number of persons actually employed, or
to be employed during the license year, and shall be at the follow-
ing rates:
(a) For 1 - 10 $ 18.00
(b) For 11 - 20 $ 36.00
(c) For 21 - 30 $ 54.00
(d) For 31 - 40 $ 72.00
(e) For 41 - 50 $ 90.00
(f) For 51 - 100 $225.00
(g) For 101 - 1S0 $337.50
(h) For 151 - 200 $450.00
(i) For 201 or more $468.75
(2) In determining the nubmer of persons employed, all prin-
cipals shall be deemed employees and be included in the calcula-
tion.
Section 27. DANCE HALLS, VARIETY EXHIBITIONS, ETC.
(1) Every person who operates any place for profit where dancing
is permitted or where entertainment is provided for a charge, such
as variety programs or exhibitions, shall pay a license tax of
$225.00. The license required by this Section shall be in addition
-16-
to any other license required by law, and the operation of such a
place as herein described shall not be construed to be incidental
to some other business; provided, that a license may be issued
for one night only, upon the payment of $150.00, but in such cases
the tax collector must write across the license the words, "good
for one night only;" provided further, that this Section shall not
apply to hotels or motels of fifty licensed units or more paying
an occupational license as provided for in Section 22; provided
further, that no such limitation of licensed units as heretofore
provided shall affect the license of hotels previously issued.
(2) Exempted from the provisions of this Ordinance are:
(a) Variety exhibitions conducted or exhibited in a
motion picture theater, which pays the annual occupational
license tax as provided by law.
(b) Any traveling variety show or band which performs
under the control of a charitable or fraternal organization
with the organization putting on the show on its own account.
(c) Local cultural or concert music organizations or
professionals' or artists' organizations which appear under
the auspices of such local cultural or concert music organi-
zations.
(d) Educational institutions and off -campus professional
talent, when employed by such institutions for student enter-
tainment, such as sports events, musical concerts, dance bands
and dramatic productions, when such activities are produced
or conducted under the auspices of such educational institu-
tions.
(e) Traveling shows put on by local merchants, where
no admission is charged, either directly or by increasing
the price of items sold.
(f) Dances or variety entertainments given by local
performers, the proceeds of which are given to local chari-
ties.
-17-
(g) Any dance held by any group of private individauls
who hold square dances and square dance competitions for
recreation rather than profit, and where the only charge made
is to cover actual expenses incurred by the individuals in
sponsoring the square dances or square dance competitions.
(3) No license shall be issued under this Section to a per-
son to operate a dance hall in the unincorporated areas of the
county until the building has been inspected and approved by the
County Fire Marshall.
Section 29. ELECTRIC POWER PLANTS, GAS PLANTS AND COMMUNITY
TELEVISION ANTENNA COMPANIES
(1) Every person engaged in the business of furnishing electric
power, gas, or community television antenna service for a profit,
shall pay a license tax of $562.50; provided, however, persons en-
gaged in such electric power, gas, or community television antenna
service franchised by the county for which a franchise fee is paid,
shall pay a license tax of $450.00.
(2) Any person serving less than twenty-five (25) customers
shall be exempt from paying this tax.
(3) Municipal corporations which own and operate their own
electric power plant or gas plant shall not be subject to the above
taxes.
Section 30. EMIGRANT OR LABOR AGENTS
(1) No person, firm or corporation shall carry on the business
of an emigrant agent in this county without first obtaining a
license therefor from the county tax collector.
(2) The term "emigrant agent", as contemplated by this Section,
shall be construed to mean any person, firm or corporation engaged
in hiring laborers or soliciting emigrants in this county, to be
employed beyond the limits of this county; provided, however, that
the provisions of this Section shall not apply to the United States
employment service, the war manpower commission, the division of
labor and employment opportunities of the department of commerce,
or any state or federal agency engaged in recruiting or referring
laborers for employment beyond the limits of this county.
-18-
(3) Any person, firm or corporation shall be entitled to a
license, which shall be good for one year, upon the payment of a
license tax of $1,875.00, which license shall be valid only in this
county.
Section 31. FORTUNETELLERS, CLAIRVOYANTS, ETC.
(1) Every fortuneteller, clairvoyant, palmist, astrologer,
phrenologist, character reader, spirit medium, absent treatment
healer, or mental healer and every person engaged in any occupation
of a similar nature shall pay a license tax of $225.00.
(2) This Section does not apply to Christian churches who
heal the sick by prayer or regularly ordained ministers of churches
who are members of Florida State Spiritualist Ministerial Associa-
tion whose charters are filed in the Library of Congress and on
record in the State Capitol in Tallahassee.
Section 32. FORTUNETELLERS, CLAIRVOYANTS, ETC., COUNTY
PERMIT REQUIRED; PENALTY
(1) No license to engage in the occupation of fortunetelling
or any other pursuit for which a license is required by Section 31,
shall be issued to any person unless such person holds a permit
therefor given by the Board of County Commissioners. No permit
shall be issued until after the following conditions are fulfilled:
(a) The applicant shall have been a resident of Florida
for at least two years and shall be a registered voter in the
county where the permit and license are applied for.
(b) The applicant shall establish good moral character
by not less than five reputable citizens of the county.
(c) The application with a recent photograph of the
applicant which shall become a permanent part of the permit,
shall be presented to the Clerk of the Board of County Commis-
sioners who shall make investigation and examination of the
applicant and report the results thereof to the Board of County
Commissioners at its next regular or special meeting.
(d) The Board of County Commissioners shall consider the
application and the report of the Clerk of the Board of County
Commissioners and order the permit either issued or denied.
-19-
The order of the Board of County Commissioners shall be made
in triplicate, with the original given to the applicant,
one copy retained by the Clerk of the Board of County Commis-
sioners and one by the tax collector.
(2) All county law enforcement officers shall aid and assist
the Clerk of the Board of County Commissioners in conducting the
examination of any applicant for the permit required for this Sec-
tion.
(3) Every licensee comprehended by this Section shall at all
times while engaging in the occupation for which licensed, display
at the place of business both the license and the permit herein
required. Failure or refusal so to do shall be prima facie evidence
of engaging in such occupation without a license.
(4) This Section does not apply to Christian churches who
heal the sick by prayer or to regularly ordained ministers of
churches who are members of Florida State Spiritualist Ministerial
Association whose charters are filed in the Library of Congress and
on record in the State Capitol in Tallahassee.
Section 33. INSURANCE ADJUSTERS
All persons acting as insurance adjusters shall pay a license
tax of $1S.00. The provisions of this Section shall not apply to
insurance agents.
Section 34. JUNK DEALERS; LICENSE REQUIREMENTS; PENALTY
(1) In construing this Section, unless the context otherwise
requires, the following words or phrases shall mean:
(a) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber, debris, waste, junked, dis-
mantled, or wrecked automobiles or parts thereof, iron steel,
and other old scrap ferrous or nonferrous material.
(b) "Junkyard" means an establishment or place of busi-
ness which is maintained, operated or used for storing,
keeping, buying or selling junk or for the maintenance or
operation of an automobile graveyard, and the term shall in-
clude garbage dumps and sanitary fills.
-20-
(c) "Person" means any individual, agency, firm, associa-
tion or corporation.
(d) "Junk dealer" means any person who is not a traveling
junk dealer within the purview of Section 35 and is engaged in
the business of maintaining and operating a junkyard.
(e) "Scrap metal processing plant" means an establishment
or place of business maintaining and operating machinery and
equipment used to process scrap iron, steel and other metals
to specifications prescribed by and for sale to mills and
foundries.
(f) "Scrap metal processor" means a person maintaining
and operating a scrap metal processing plant.
(g) "Metals" means copper, brass and bronze pipe, piping
and tubing and wire which is or can be used for transmission
or distribution in a utility or communications system.
(h) "Transmission or distribution" means that part of
a utility or communications system which extends from the
point of origin of such utility or communications system to
the service entrance of the consumer or user.
(2) Every person engaged in business as a scrap metal proces-
sor shall pay a license tax of $150.00.
(3) Every person engaged in business as a junk dealer shall
pay a license tax of $100.00.
(4) (a) Every person licensed as a junk dealer or scrap
metal processor when purchasing any article shall keep a
full and complete record of each transaction showing from
whom and when each article was purchased or acquired and to
whom sold and the date of such sale.
(b) Every person licensed as a junk dealer or scrap
metal processor when purchasing metals shall keep the follow-
ing additional information: The record shall include a
receipt signed by the seller, and a copy of such receipt shall
be given to the seller. This receipt shall reflect the quality
and quantity of metals purchased, the seller's name and
-21-
address, the license number of the seller's motor vehicle
conveying the metals, and the number of the seller's drivers
license.
(c) The records required to be kept by Paragraphs 4 (a)
and 4 (b) of this Section shall be maintained by the purchaser
for a period of not less than three years and shall at all
times be subject to inspection by any law enforcement officer
commissioned in the State.
(5) Purchase of metals from minors in excess of ten dollars
($10) is prohibited.
Section 35. JUNK DEALERS, TRAVELING
Each person who travels from place to place purchasing
junk shall pay a license tax of $30.00, and he shall, before leaving
any incorporated city, or before leaving the unincorporated County,
as applicable, submit respectively to the chief of police or
sheriff a list of the junk he has purchased together with his name
and address and the name and permanent address of the person from
whom the junk was purchased.
Section 36. LIQUEFIED PETROLEUM GAS; DISTRIBUTIONS, IN-
STALLERS, AND MANUFACTURERS
All persons who deal in liquefied petroleum gas, either as
distributors, installers or manufacturers, shall pay the following
license taxes; however, such persons shall be exempt from the pro-
visions of Sections 27 and 28.
(1) Manufacture of appliances and equipment for use of
liquefied petroleum gas -- $125.00.
(2) Installation of equipment to be used with liquefied
petroleum gas -- $50.00.
(3) Dealer in liquefied petroleum gas, in appliances and
equipment for use of such gas and in the installation of appliances
and equipment -- $125.00.
Section 37. MANUFACTURING, PROCESSING, QUARRYING AND MINING
(1) Every person engaged in the business of manufacturing,
processing, quarrying or mining must obtain a license under this
-22-
Section. The amount of the license tax shall be determined by the
maximum number of persons actually employed or to be employed dur-
ing the license year and shall be at the following rates:
(a)
1
- 10 employees
$ 30.00
(b)
11
- 20 employees
$ 60.00
(c)
21
- 30 employees
$ 90.00
(d)
31
- 40 employees
$120.00
(e)
41
- 50 employees
$180.00
(f)
S1
or more employees
$225.00
In determining the number of persons employed, all principals shall
be deemed employees and shall be included in the calculation.
(2) No license shall be required under this Section where the
manufacturing, processing, quarrying or mining is incidental to and
a part of some other business classification for which a license is
required by this Ordinance and is carried on at the place of busi-
ness licensed under such classification.
Section 38. MISCELLANEOUS BUSINESSES NOT OTHERWISE PROVIDED
Every person engaged in the operation of any business of such
nature that no license can be properly required for it under any
other provision of this Ordinance or law of the State of Florida,
shall pay a license tax of $225.00; provided that no license shall
be required for the growing or producing of agricultural and horti-
cultural products.
Section 39. THEATERS WHICH ARE PERMANENT IN NATURE
Moving picture show, theater, and drive-in theater owners,
managers or lessors of theaters or halls employing traveling troupes,
theatrical, operatic or minstrel, giving performances in building
fitted up for such purposes, or moving picture shows giving exhibi-
tions in buildings permanently used for such purposes, or drive-in
theaters, shall be allowed to give as many performances or exhibi-
tions in such buildings, theaters or areas as they wish on payment
of the following license tax:
(1) In cities or towns of twenty thousand inhabitants or
more. $450.00 - Four Hundred Fifty Dollars.
-23-
(2) In cities and towns of less than twenty thousand and
more than fifteen thousand. $337.50 - Three Hundred
Thirty-seven Dollars and Fifty Cents.
(3) In cities and towns of less than fifteen thousand and
more than ten thousand. $225.00 - Two Hundred Twenty-
five Dollars.
(4) In cities or towns of less than ten thousand and more
than five thousand. $150.00 - One Hundred Fifty Dollars.
(5) In cities or towns of less than five thousand inhabi-
tants. $30.00 - Thirty Dollars.
Section 40. PAWNBROKERS
Every person engaged in the business of pawnbroker shall pay
a license tax of $337.50 for each place of business.
Section 41. PERMANENT EXHIBITS
Anyone who operates for a profit in this county a permanent
exhibit shall pay a license tax of $225 for each exhibit.
Section 42. PROFESSIONS, BUSINESS, OCCUPATIONS
(1) Every person engaged in the practice of any profession,
who offers his service either directly or indirectly to the public
for a consideration, whether or not such endeavor be regulated by
law, shall pay a license tax of $30 for the privilege of practicing,
which license shall not relieve the person paying same from the
payment of any license tax imposed on any business operated by him;
except however, private detectives and operators of deception detec-
tor devices shall pay a license tax of $10.
(2) Every person engaged in a profession, business or occupa-
tion regulated by law where licensing and qualification standards
are required shall display and exhibit to the tax collector the
license for the current year prior to the tax collector issuing
an occupational license pursuant to this Ordinance.
(3) An occupational license shall not be required where a
person, although licensed by law under a regulatory statute, is
prohibited from engaging in a profession, business or occupation
unless under the direct supervision of another person, individual
or corporation.
(4) Every individual or group of individuals who operates a
branch office of any professional corporation which operates an
-24-
office in which a profession is practiced, shall license each office
in which the profession is practiced.
(5) As an alternative procedure in the event a group of pro-
fessional persons are operating as a professional association,
corporation, partnership or other group enterprise herein called
"FIRM", the FIRM may obtain one single license rather than separate
licenses for each professional member of the firm. The occupational
license tax shall be $30 for each person in the FIRM practicing the
profession.
Section 43. PUBLIC SERVICE
(1) Every person engaged in any business in this county as
owner, agent, or otherwise that performs some service for the public
in return for a consideration shall pay a license tax based on the
maximum number of persons actually employed, or to be employed
during the license year for each location in the following amounts:
(a)
1
- S employees
$ 22.00
(b)
6
- 10 employees
$ 54.00
(c)
11
- 15 employees
$ 80.00
(d)
16
- 20 employees
$112.00
(e)
21
or more employees
$IS0.00
(2) No license shall be required under this Section for any
business the principal function of which is the performance of some
service for the public in return for a consideration when the nature
of the service is such that an occupational license is required
of the business by some other Ordinance of the county; but this
provision shall not be construed to exempt service departments of
merchandising and other lines of business from the license required
by this Section (with the exception of gasoline service stations
with not more than three persons engaged in the performance of a
service for a consideration).
(3) In determining the number of persons employed, all prin-
cipals shall be deemed employees and be included in the calcula-
tion.
25-
Section 44. RETAIL STORE LICENSE
(1) For the privilege of conducting, engaging in and carry-
ing on the business of a retailer as defined in this Section,
there is hereby levied and assessed upon every person or association
of persons as herein defined, for each store located and operated
within this county by such persons or association of persons, an
annual license tax of $30.
(2) The following words, terms and phrases when used in this
Section have the meaning ascribed to them, except where the context
clearly indicates a different meaning.
(a) "Retailer" includes every person engaged in the
business of making sales at retail.
(b) "A retail sale" or "sale at retail" means any sale
to a consumer or to any person for any purpose other than
for resale in the form of tangible personal property; pro-
vided that no sale shall be construed to be a "retail sale"
where goods, wares, and merchandise are sold in wholesale
quantities at wholesale prices by licensed wholesale dealers
under standing orders or through outside salesmen as dis-
tinguished from sales of small packages at retail prices or
as sold in wholesale quantities and at wholesale prices to
any governmental institution, subdivision or agency.
(c) The term "retailer" shall not include bulk plants
or filling stations engaging principally in the sale of
gasoline and other petroleum products; ice plants or ice
dealers engaging principally in the sale of ice; bakeries,
and other manufacturing or processing plants selling only
the products manufactured or processed therein; or restau-
rants, cafes, cafeterias, hotels and liquor stores; provided
however, that where food or intoxicating liquors are sold in
connection with a principal business but only incidental
thereto, said principal business shall not be exempt from
the license tax imposed herein. Provided further, that in-
cidental sales are not otherwise excepted in this subsection
-26-
made by a licensed wholesaler to consumers at wholesale
prices, shall not be construed to be retail sales unless such
sales exceed five per cent of such wholesaler's total sale.
Section 45. SCHOOLS, COLLEGES, ETC.
Every person engaged in the business of operating a school,
college or other educational or training institution for profit
shall pay a license tax of $30 for each place of business, except
that persons giving lessons or instructions in their homes without
assistants or a staff shall not be required to pay a license tax.
Section 46. TELEPHONE SYSTEMS
(1) Every person engaged in the business of owning or operat-
ing telephone systems in this county for profit shall pay a license
tax according to the following schedule:
(a) On the first one thousand phones or instruments,
or fraction of one thousand, 30¢ for each phone or instrument
operated or installed; provided however, persons engaged in
such business franchised by the county for which a franchise
fee is paid, shall pay, (pursuant to the criteria of this
paragraph) a license tax of 15¢ for each such phone or instru-
ment operated or installed.
(b) On the second one thousand phones or instruments,
or fraction over one thousand but not exceeding two thousand),
24� for each phone or instrument operated or installed; pro-
vided however, persons engaged in such business franchised by
the county for which a franchise fee is paid, shall pay (pur-
suant to the criteria of this paragraph) a license tax of 12�
for each such phone or instrument operated or installed.
(c) On all phones or instruments numbering over two
thousand, 18� for each phone or instrument operated or in-
stalled; provided however, persons engaged in such business
franchised by the county for which a franchise fee is paid,
shall pay (pursuant to the criteria of this paragraph) a
license tax of 9¢ for each such phone or instrument operated
or installed.
-27-
(2) Owners or managers of telephone systems operated or
having installed less than one thousand phones or instruments shall
not be required to pay a license tax.
Section 47. TRADING, ETC., IN INTANGIBLE PERSONAL PROPERTY
(1) Every person engaged in the business of trading, barter-
ing, buying, lending or selling intangible personal property, whether
as owner, agent, broker or otherwise, shall pay a license tax of
$75.00 for each place of business.
(2) No license shall be required under this Section where
the trading, bartering, buying, lending or selling is incidental
to and a part of some other business classification on which an
occupational license tax is imposed by this Ordinance or law of the
State.
Section 48. TRADING, ETC., IN TANGIBLE PERSONAL PROPERTY
(1) Every person engaged in the business of trading, barter-
ing, serving or selling tangible personal property, as owner, agent,
broker or otherwise shall pay a license tax of $30.00 which shall
entitle him to maintain one place of business, and shall pay $30.00
for each additional place of business; provided that the license for
each bulk plant or depot of wholesale dealers in petroleum products
shall be $75.00. Vehicles used by any person for the sale and
delivery of tangible personal property at wholesale or retail from
his place of business on which a license is paid shall not be con-
strued to be separate places of business, and no license may be levied
on such vehicles or the operators thereof as salesmen or otherwise
by the county, any other law to the contrary notwithstanding.
(2) No license shall be required under this Section where
the trading, buying, bartering, serving or selling of tangible
personal property is a necessary incident of some other business
classification for which an occupational license is required by
this or another ordinance of this county and is carried on at the
place of business licensed under such other classification, nor shall
this Section apply to any person engaged in the sale of motor
vehicles or principally in the sale at retail of gasoline and other
petroleum products.
Section 49. VENDING MACHINES
(1) As used in this Section the following words shall have
the meanings set forth in the following subsections:
(a) "Merchandising vending machines" means any machine,
contrivance or device which is set in motion or made or per-
mitted to function by the insertion of a coin, slug, token
or paper currency and dispenses merchandise without the neces-
sity of replenishing the device between each operation.
(b) "Merchandising vending machine operator" means any
person who operates for a profit thirty-five or more merchan-
dise vending machines.
(c) "Service vending machine" means any machine, con-
trivance or device which is set in motion or made or permitted
to function by the insertion of a coin, slug, token or paper
currency and which dispenses some service or amusement.
(d) "Service vending machine operator" means any person
who operates for a profit thirty-five or more service vending
machines.
(e) "Laundry equipment" means any equipemnt necessary
for the operation of a coin -operated laundry, including
washers, dryers, pressing or ironing machines and soap, bleach,
and laundry bag dispensing machines.
(2) Any person who operates for a profit, or allows to be
operated for a profit in his place of business or on his property,
any of the above vending machines shall pay a license tax accord-
ing to the following schedule, except the exemptions allowed by
subsection (3) of this Section;
(a) Merchandising vending machines, $15.00 for each
machine; provided that when any merchandise vending machine
is located in and operated only in a place of business for
which a license has been duly issued for trading, buying,
-29-
bartering, serving or selling tangible personal property
under this or other Ordinance of this county, the license
thereon shall be $6.00 for each machine.
(b) Merchandise vending machine operators, $150.00
for the privilege of engaging in such business, and shall
further pay an annual license tax of $1.50 for each machine.
(c) Service vending machines, $15.00 for each machine.
(d) Service vending machine operators, $281.25 for the
privilege of engaging in such business, and shall further pay
an annual license tax of $3.60 for each machine.
(e) Laundry equipment, $1.50 for each piece of equip-
ment.
(f) Coin -operated radio, television and similar devices
installed in businesses providing housing accommodations for
the traveling public, $21.00, and shall further pay an annual
license tax of 60¢ for each coin -operated radio, television
set, vibrating mattress, or similar device installed in guest
rooms in hotels, tourist homes, tourist courts, rooming
houses and other businesses providing housing accommodations
for the traveling public.
(g) Penny vending machines, $1.50 for each machine.
(3) The following vending machines and lockers are exempt
from the tax provided by this Section:
(a) All vending machines which dispense only United
States postage stamps, unadulterated Florida -produced citrus
juices or newspapers are hereby exempt from the payment of
any excise or license tax levied by the State or any county,
municipality or other taxing districts thereof.
(b) Penny -operated vending machines located in licensed
places of business and dispensing only nuts, citrus juices
and other food products.
(c) Coin -operated parcel -checking lockers and toilet
locks used in railroad, bus, airport stations or depots and
-30-
in hotels, boarding houses, restaurants and restrooms for
the convenience of the public.
(d) All coin -operated telephones which are otherwise
subject to tax under Section 45.01 of this Ordinance.
(4) All machines licensed under paragraphs (a), (b), (c),
and (d) of subsection (2) of this Section, shall display in a
prominent place on each machine a proper sticker or decal showing
that the tax has been paid.
(5) Whenever the tax collector shall find any vending machine
required to be licensed under this Section to be operated without
a current valid license, he shall attach to the machine a notice
of delinquent taxes. Any person who removes a notice of delinquent
taxes or who removes any moneys from the machine before license
taxes are paid, shall be subject to prosecution and punishment as
described in Section 8 of this Ordinance.
Section 50. WATER COMPANIES AND SEWAGE DISPOSAL COMPANIES
(1) Every person engaged in the business of operating water
companies or sewage disposal companies shall pay the following
license taxes according to population as determined by the latest
official decennial census:
(a) 40,000 or more $ 562.50
(b) 30,000 - 39,000 $ 450.00
(c) 20-000 - 29,999 $ 225.00
(d) 10,000 - 19,999 $ 168.00
(e) 5,000 - 9,999 $ 150.00
(f) 3,000 - 4,999 $ 75.00
(g) 1,000 - 2,999 $ 45.00
(h) 999 - or less $ 30.00
Section 51. FLEA MARKETS
(1) Any person engaged in operating a flea market or temporary
exhibition not otherwise considered a permanent exhibit under this
Ordinance where tangible personal property is sold shall pay a
license tax of two hundred twenty-five dollars ($225.00).
-31-
(2) Each individual lessee or stall occupant of such flea
market or exhibition engaged in the selling of tangible personal
property shall pay a tax of thirty dollars ($30.00).
(3) In lieu of subsection (2) of this Section, any flea market
operator or exhibitor which is licensed to operate such flea market
or exhibition can purchase an annual class rate license on behalf of
the individuals required to be licensed under subsection (2) of
this Section based upon the average number of anticipated lessees
or occupants of said flea market or exhibition according to the
following schedule:
ANTICIPATED LESSEE/EXHIBITIONS
TAX AMOUNT
Class
A,
1 -
25
$100.00
Class
B,
26
- 50
$225.00
Class
C,
51
- 75
$375.00
Class
D,
76
- 100
$437.50
Class
E,
101
- 250
$562.50
Class
F,
251
- 500
$687.50
Class
G,
501
- Above
$812.50
The above license shall be in lieu of subsection (2) of this Section
and individuals leasing or occupying premises, stalls, tables or any
other areas from said exhibition or flea market operator who has
obtained the applicable class rate license shall not be required to
possess an individual license for the sale of tangible personal
property.
Section 52. PEDDLERS
It shall be unlawful for any person to engage in business as
a peddler within Monroe County wihtout 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:
-32-
(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 busi-
ness 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 appli-
cant has worked before coming to �?onroe County, and
(k) Such other relevant information as may be required
by the investigation of the application.
(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.
-33-
(m) It shall be unlawful for any person to give any
false or misleading information in connection with his appli-
cation for a permit required by this article.
(2) Before any permit shall be issued under the provisions
of this Ordinance, the applicant therefor shall pay a fee of
$30.00 per year.
(3) Bond:
(a) Every applicant, not a resident of Monroe County,
or who represents a corporation whose principal place of
business is not located in Monroe County, shall file with the
tax collector a surety bond running to the county in the
amount of one thousand dollars ($1,000.00), in cash, or with
surety acceptable to and approved by the county administrator,
gonditioned 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 guarantee-
ing 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 the re-
presentations 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, canvas-
sers or solicitors.
(4) Service of process. Before any permit shall issue under
this article, there shall also be filed with the county tax collec-
tor an instrument in writing, signed by the applicant under oath,
-34-
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 an 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 tax collector who shall cause such investigation of the
applicant's business reputation to be made as he deems necessary
for the protection of the public good. The county tax collector
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 character or 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 character and busi-
ness 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) Entrance to premises restricted. It shall be unlawful
for any peddler to enter upon any private premises when such prem-
ises are posted with a sign stating "No Peddlers Allowed" or "No
Solicitations Allowed" or other words to such effect.
(S) Refusing to leave. Any peddler who enters upon prem-
ises 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.
(9) Misrepresentation. It shall be unlawful for any peddler
to make false or fraudulent statements concerning the quality of
-35-
the hours of one-half (1/2) 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 53. REVOCATION OF LICENSE
Any person or legal entity who is required by this Ordinance
to possess an occupational license for engaging in any business,
enterprise, profession or other activity included and regulated
within this Ordinance who as a licensee or as an agent or employee
of such licensee under this Ordinance is convicted of a crime in-
volving moral turpitude committed within the course of said license
business activity, upon due and proper record of such conviction
presented to the Board of County Commissioners of Monroe County,
said license shall be revoked upon resolution of the Board of
County Commissioners. Written notice of the effective date of such
revocation shall be forwarded to the licensee with a copy of such
revocation filed with the Sheriff's Office of Monroe County and
with the Office of the Tax Collector. The licensee shall have the
right to request a public hearing before the Board of County Com-
missioners upon a showing of good cause from re -issuing a license
to any person or entity wherein such license has been previously
revoked. Such reinstatement upon approval by the Board of County
Commissioners of Monroe County shall be pursuant to the procedures
heretofore established in this Ordinance. Notification of such
reinstatement shall be furnished to the Sheriff's Office and the
Office of the Tax Collector."
Section 2. REPEAL OF MONROE COUNTY ORDI14ANCES NO. 5-1972,
NO. 17-1976 AND NO. 10-1978, ALL AS AMENDED
Monroe County Ordinances No. 5-1972, No. 17-1976, and No. 10-
1978, all as amended, relating to occupational licenses (together
with all amendments) are hereby repealed in their entirety; said
repeal being effective September 1, 1981.
Section 3. SEVERABILITY
If any section, subsection, sentence, clause, or provision
of this Ordinance is held invalid, the remainder of this Ordinance
shall not be affected by such invalidity.
WIN
Section 4. INCLUSION IN THE CODE OF ORDINANCES OF THE COUNTY
OF MONROE. FLORIDA
The provisions of this Ordinance shall be included and incor-
porated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
Section 5. EFFECTIVE DATE
This Ordinance shall take effect on September 1, 1981, pur-
suant to the provisions of Florida Statute 125.66 (2) and other
applicable general law; provided however, the provisions of this
Ordinance shall only be applicable to those occupational licenses
sold by the tax collector that become due and payable on October 1,
1981, and thereafter.
The intended purpose for the dates exhibited under this Sec-
tion is to facilitate the tax collector's early sale (beginning
September 1, 1981) of fiscal year 1981-1982 occupational licenses
as required pursuant to the mandates given in Florida Statute
205.053 (1).
(Seal)
Attest: RAIPH . METE, LIEK
i� c .
�J
d 6 C lerk
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY, FLORIDA
By
ayor/Chairman
-37-
ADOPTED: July 28, 1981
FILED WITH SECRETARY OF STATE: August 4, 1981
EFFECTIVE DATE:
APPROVED AS rO KOH 41
AN! OML WFFX190 tt Y.
YZ a, L-
NOTICE OF INTENTION OT CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,
July, 14, 1981, at 10:30 A.M. at the Monroe County Courthouse Annex,
Courtroom "B", 500 Whitehead Street, Key West, Florida, the Board
of County Commissioners of Monroe County, Florida, intends to con-
sider the adoption of the following County Ordinance:
ORDINANCE NO. - 1981
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, BE AMENDED BY REVISING CHAPTER 12
OCCUPATIONAL LICENSE TAXES AND REGULATIONS, OF
SAID CODE; PROHIBITING THE CONDUCT OF A BUSI-
NESS OR PROFESSION IN MONROE COUNTY, FLORIDA
WITHOUT AN OCCUPATIONAL LICENSE; PROVIDING DEFI-
NITIONS; LEVYING OCCUPATIONAL LICENSE TAXES;
PRESCRIBING THE METHOD OF ISSUANCE, TAX COLLEC-
TION, TERM OF LICENSE, DELINQUENT FEES, TRANS-
FER OF LICENSES, EXEMPTIONS, CLASSIFICATIONS,
DISTRIBUTION OF REVENUE, AND REVOCATION OF
LICENSES; PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR THE REPEAL OF ORDINANCES NO. 5-
1972, NO. 17-1976, AND NO. 10-1978, ALL AS
AMENDED; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION THE CODE OF ORDINANCES OF
THE COUNTY OF MONROE, FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
DATED at Key West, Florida, this 23rd day of June, A.D. 1981.
(SEAL)
Publish: Thursday, June 25, 1981
Please send statement to:
Please mail proof of
publication affidavit to:
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Board of County Commissioners
Post Office Box 1680
Key West, Florida 33040
Lucien C. Proby, Jr., Esq.
County Attorney
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
W.
PROOF OF PUBLICATION
1 1, Ir .,/• Jar111.•1' ,_ t
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) ss,
Before the under siggned authority personally appeared
•
$nr,br�p�, ?�jolford ,' who on oath says that he is ..... • .
Manager .
, , , . of The Key West Citizen, sa
daily newspaper published at Key West in of
County, Florida; that
the attached copy of advertisement, being a
Notice of Intention to Consider Adoption of
in the matter of County Ordinance
WKoZ''EY xWQWa1zQ®OWCW6-lL riiJ "CXLL�i vi `pjLL C1.yJ onwOLL OW 'W= O A r
2-x009 Q�nO O
>W �g O �n Q W O <OQ $$
«. xu _z < z w z2 2 ozo�z> B^-ate ,
V.U�,. V$ V �FZ �nOQyl-ry 0C Ox2pZwxF- Win ZZ -OW JLL-W.Z Q_ �F"`C"�`._
Z^ ?� UP i- <uj-- wzFW_O 1- LL2 W p_a O®O-
®u- UMEE ` o*z_o&�ayaz_y�3�a_<ag IZz? �Wo>g��,aaoouu<LU
IL
LLQ3g�D® `
W>=� OW ®Z OW 1-O QJLL p-W WWJ HM_OOW ii.O�=W-LL ICE'
zu >oo uX ®mzoQwd x"C, QLLQa>Fzo'>araoW 3cax „$
x�4,c�$„� VQo�LL�moFzx<_WoeU �z zo `uou KaW��••ZLLLLZ �.�J$�ar�u
h0 <_ C�c zz aOLL r ooLLZoP Owo<Zn �, ZO o0 oa> o < v.a�U'S��.0
® r w zo woO o-ap OLLaz H=N�OGC OILOWyNOQO +JjWOO F> �LL U•C
t.�roWg, •gig d IX O Wa'W FM oZm-F• .W_ KWW O- V Qro
a FxCgL vlLL a��O'OF��1-�FaJ �U4 UO2wW WV1yaom Z~00<O<U<ZO Oa U V
•E�-�o z� zza �WOLLZU>> zz r J- o frzz8_ .w6
' h�20io 0m �ogaD <U-i r2 xu WpO �OZa'WVRLLpV�XJy2VUl Oa'LL� WO�LL�QOu`Yi
'� u; 3uLLoo uLL�UQUJMuuau<aJJaounr-WUOQJaaO- hLLooao
was published in said newspaper in the issues of
June 25, 1981
Affiant further says that the said The Key West Citizen is a
newspaper published at Key West, in said Monroe County, Florida, and
that the said newspaper has heretofore been continuously published
in said Monroe County, Florida, each day (except Saturdays) and has
been entered as second class mail matter at the post• office in Key
West, in said Monroe County, Florida, for a period of one year next
preceeding the first publication of the attached copy of advertise-
ment; 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. �R�t
fkPY pVF1 ( ,1�_`:f c ,.,,..y ;u�
o10
U
CO
n1:r �
Y
(SEAL) pp •,p�D �r,r._� ... .. .. ............ ... _.
Sworn to and subscribed before me this .....................
day of ....... ...... A.D.1199 f .
...............
' of ENE rr+r
N: 1, it o
u +a a
.yc
0o w e t.`sa
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
August 6, 1081
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, FL 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
0
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
Receipt of
relative to:
(a)
which we have numbered
(b)
August 4,
Monroe
81-7 and 81-8
County Ordinance/s
which we have numbered
We have filed t1ifs/these Ordinance/s in this office
August 6 1981
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mr
(Mrs.) Napty Kavanaug
C1711 of , B11reau of Law
C �
NK/mb
FLORIDA-State of the Arts