Ordinance No. 45-84-6 v ORDINANCE NO. 45-84-6
AN ORDINANCE, AMENDING CHAPTER 10 ENTITLED "LICENSES" OF THE
CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, BY DELETING CER-
TAIN SECTIONS THEREIN AND ADDING THERETO CLARIFYING SUB-
PARAGRAPHS; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA:
Section 1. Chapter 10, entitled "Licenses" of the Code of the City of Atlantic Beach,
Florida is hereby amended by deleting Sections 10-1 through 10-5 and adding thereto the
following:
Section 10-1. License Required
1. Any person, partnership, association, corporation, publicly owned utility, or other
business entity, engaging in or managing businesses, trades, professions, or any other
Commercial enterprise, within the City, shall first obtain from the City, an appropriate
occupational license(s) and make payment of the license(s) fee(s) thereon, pursuant to the
provisions of this chapter. (Ord. No. 45-81-5)
2. Any person who does not qualify under the provisions of (1) above and who
transacts any business or engages in any occupation or profession in interstate
commerce where such license tax is not prohibited by Section 8 of Article I of the
United States Constitution.
3. No person shall exercise the privilege of carrying on, engaging in or manag-
ing any business, profession, occupation or commercial activity for which a license is
required by this chapter or other applicable laws until such person shall have first
procured a city occupation license as provided for by this chapter, or any other
applicable law or Ordinance, which license shall be issued to each person upon the
receipt of the amount hereinafter provided, or as may be otherwise provided by law
and be signed by the City Clerk, and be posted in a conspicuous place upon the
premises in which such business is conducted.
Section 10-2. Term of License
1. No license shall be issued for more than one year. All licenses shall be sold by
the City Clerk beginning September first of each year and shall be due and payable on
October first of each year and shall expire on September thirtieth of the succeeding
year.
Section 10-2. 1 Half Year License
Any person who was not liable for a license prior to April first during any license
year may be issued a license for the second half of the license year, commencing from
April first, upon the payment of one-half of the amount fixed as the price of any annual
license. (State Law Reference - Similar provisions, F.5.205.053(1) .
Section 10-3. Delinquent penalties
1. Any license not renewed on or by October first shall be considered delinquent
and subject to a delinquency penalty of ten (10) percent for the month of October,
plus an additional five (5) percent penalty for each month of delinquency thereafter
until paid; provided that the total delinquency penalty shall not exceed twenty-five
(25) percent of the occupational license fee for the delinquent establishment.
Section 10-4. Businesses falling under more than one classification; businesses
operated at more than one location.
Each license classification and the amount of the license tax, as set forth in
this chapter shall be deemed to be cumulative to any license taxes otherwise im-
posed, and when any occupation, business, profession or commercial activity shall
fall into more than one of the classifications, such occupation, business, profes-
sion or commercial activity shall be required to comply with the license require-
ments of each such classification or provision. Whenever any person operates any of
the businesses provided for herein at more than one location, each location shall
be considered a separate business. (Ord. # 45-81-1)
Section 10-5. Issuance of license; application.
Issuance. No license shall be issued except upon written application of the
person applying for the same. The City Clerk, before issuing a license based wholly
or in part upon capacity, number of persons employed, or any other contingency, shall
require the person applying for such license to file, under oath, 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 this section shall be retained as a part of the records of the clerk's office.
Section 10-6. Transfer.
Licenses issued by the city may be transferred, subject, however, to the follow-
ing conditions:
(1) . All Business licenses may be transferred to a new owner when there is a bona
fide sale of the business upon payment of a transfer fee of three dollars
($3.00) and presentation of evidence of the sale and original license.
(2) . Upon written request and presentation of the original license, any license may
be transferred from one location to another location in the city upon payment
of a transfer fee of three dollars ($3.00) . Such transfers to be accomplished
provided new location meets proper zoning criteria and only after completion
of any necessary building and fire inspections. The transferred license shall
be of the same force and effect and for the same period as the original license.
(3) . Where the licensee has been exempted from payment of all or any part of the
license tax therefor, any such license shall not be transferable under this
section.
(a) It shall be the duty of every person taking over or purchasing any exist-
ing business which is required to be licensed under this chapter to notify
the city within thirty (30) days. Upon failure to do so, the person shall
be guilty of an offense against the city.
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Section 10-7.Licenses to comply with City Ordinances
Issuance of a license by the City Clerk shall in no wise relieve the holder thereof
of responsibility for compliance with all provisions of this Code or other city Ordinances
or parts thereof heretofore passed or which may hereafter be passed by the City Commis-
sion regulating the conduct of such business. (Ord.#45-58-1,4)
Section 10-8.Revocation.
The City Commission, by a three-fourths vote of all members present, sitting in
regular session, by hearing, after notification to the holder that such hearing will be
held, may revoke the license of any person found guilty of fraud. (Ord.#45-58-1,5)
SECTION 10-9.Violation
Willful violation of the provisions of this chapter, or failure to comply with any
requirement hereunder, shall constitute a misdemeanor punishable by a fine of not
more than One Thousand Dollars, or imprisonment for a term not exceeding ninety
days, or both a fine and imprisonment. Every day any violation of this chapter shall
continue shall constitute a separate offense.
Section 10-10.Definitions
1. Business includes all business, professions and occupations except those
exempted by Florida Statutes, Chapter 205.022 (Florida Licenses-1983)
2. Child Care Center includes any establishment which provides care for more
than five (5) children unrelated to the operator and which received a pay-
ment, fee or grant for any of the children receiving care wherever operated
and whether operated for profit. The term "child care center" shall include
day nurseries, day care services and day care agencies, but not community-
based residential facilities. (Ord. #90-82-74)
3. Commission Action means that the City Commission shall approve the applica-
tion in a regular meeting before issuance of such license.
4. Department stores shall be construed to mean those stores which carry or sell
three (3) or more lines of goods, wares or merchandise subject to license
under the provisions of Ordinances of the city. Each department shall be
licensed separately.
Section 10-11. Schedule of Fees and Regulations.
Except as otherwise provided, an annual occupational license tax in the amount as
set forth, enumerated and listed in the following schedule is hereby adopted and
fixed as the amount which shall be payable to the city and collected by it before
any person shall be authorized or allowed to exercise any privilege or engage in any
business, occupation or commercial activity embraced in the list or schedule. The
following is a list of the fees and regulations for licenses under this chapter:
NOTE: Words underscored are new.
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Proposed
Descriptions Fees Fees
Accountants:- - - - $ -0- 37.50
Advertising:
(a) Agencies 112.50
(b) Outdoor (General license covering all phases of Advertise-
ment, as defined in chapter 479, Florida Statutes, relating
to outdoor advertisers, and including erecting, servicing
and maintaining of electrical and neon signs) 75.00
(1) Sign shop (Fabrication and painting of signs only.
Not to include outdoor erection or maintnenace of
signs. 22.50
(2) Billboard, highway and wall signs (covering fab-
rication, erection, and/or maintenance of any type
sign which is located on private property, exclu-
sive of neon, which is covered under general
license 50.00
Agencies:
1. Insurance company, home office, branch office, claim office-112.50
2. Insurance, each agent or solicitor 15.00
3. Real Estate, each registered broker 22.50
Real Estate, each salesman 15.00
4. Manufacturer's representative or agent, wholesale- - - - 30.00
Antiques: Furniture, bric-a-brac, paintings, buy and sell- - - - 15.00
Appliances: Electrical and gas, retail (including repairs)- - - 15.00
Arcade: (See coin-operated machines)
Architect, Each registered Architect Professional Corporation- -0- 72.00
Each registered Architect 22.50 30.00
Attorney, each registered Attorney Professional Corporation- - -0- 72.00
Each registered Attorney - - - - 22.50 30.00
Auction House Commission Action 75.00
Auctioneer -0- 75.00
Auto:
1. Accessories and parts only 37.50
2. New Car dealership (Including storage) 37.50
3. Used cars, sales only 15.00
4. Garages/Shops, including repairing, cleaning, storage,
welding, accessories, painting and service station- - - - 52.50
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5. Service Station, gas and oil service only, no repairs- - - 22.50
6. Service Station, including cleaning, storage, repairs,
accessories, gas and oil services 52.50
7. Wrecker, each (insurance required) 30.00
8. Car Wash Commission approval 30.00
Bail Bondsman 75.00
Bakeries:
1. Bakery shop with retail sales at one location and permitted
to deliver retail 15.00
2. Each bakery truck delivering products inside city from a
plant operated outside city 37.50
Banks- State or National 0 200.00
Barbershops: 37.50
1. Over three operators, each 0 7.50
Beauty Salons: 37.50
1. Over three operators, each 7.50
Bicycles:
1. Rental and repairs 22.50
2. Rental only 15.00
Billiard, Bagatelle, or Pool Tables
1. When set up and used for profit, either directly or indirect-
ly, up to three tables 30.00
2. Each additional table 0 30.00
Book Agents 0 37.50
Bookkeeping Services 22.50
Book Stores or Stationers 37.50
Bowling Alleys, when set up and used for profit, either directly
or indirectly, each alley -0- 30.00
Brokers:
1. Money lenders negotiating small loans up to $3,000. 300.00
2. Stocks and bonds 37.50
Building & Loan Associations(Local concerns soliciting loans,etc.) 37.50
Building Supplies- retail (Including sash, doors, windows, paints,
not hardware) 15.00
Cabinet or Carpenter Shops: Sales and installation 15.00
Candy Shops (including right to sell retail or wholesale)- - - - 37.50
Candy Vending Machines (See Coin Operated Machines)
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Cement or Artificial Stone (Mfgs.) 37.50
Cemetery -0 150.00
Ceramics: Schools and/or Sales -0- 37.50
Clothing (Men, Women or Children) 37.50
Clubs: a. Night -(See Alcoholic Beverage Chapter 10) 600.00
b. Private 75.00
c. Country 75.00
Coal and Wood 30.00
Coin-operated Vending Machines, Amusement Machines & Arcade:
a. Definitions: Pinball, Marble, Electronic, Music or
Shuffleboard are classified as Amusement Machines.
b. Fees: Arcade -0- 200.00
Amusement, each machine 22.50
Vending, each machine 7.50
Contractors:
(1) General. Each person who contracts or subcontracts and
whose services are unlimited about the type of work
which they may do as set forth. This classification
requires a Florida Construction Industry Licensing
Board certificate or license. Each person who con-
tracts or subcontracts shall pay a license tax de-
termined by the maximum number of persons actually
employed, or to be employed during the license
year and shall be at the following rates:
For 1 to 10 7.50
For 11 to 20 13.50
For 21 to 30 20.00
For 31 to 40 27.00
For 41 to 50 34.00
For 51 to 100 110.00
For 101 to 150 170.00
For 151 to 200 225.00
For 201 or more 280.00
In determining the number of persons employed, all
principals shall be deemed employed and be included
in the calculation.
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(2) Building. Those persons whose services are limited to
construction of commercial buildings and single or
multiple dwelling residential buildings, neither to
exceed the city's height limitation. -0- 30.00
(3) Residential Building Contractors -0- 30.00
(4) Concrete Manufacturing & Delivery-sale of masonry- - -0- 75.00
(5) Crane service, steel erection - - 37.50
(6) Doors, installation and sales -0- 37.50
(7) Dredging 37.50
(8) Electrical 75.00
(9) Fences, metal or wood 30.00
(10) Foundation only 0 37.50
11. Hot air heating, sheet metal and air conditioning- - 37.50
12. Landscaping and lot cleaning 37.50
13. Masonry and ceramic tile -0- 37.50
14. Minor Contractor (floor covering, sanding & waxing,
painting, paperhanging, plasterers, tile and all
other miscellaneous small contractors) 30.00
15. Plumbing, including heat & water pumps, each Master
Certificate Holder 75.00
16. Roofing and siding 30.00
17. Septic tank, installation & repair 37.50
18. Signs, electric, neon, painters 0 37.50
19. Waterproofing and weatherstripping -0- 37.50
20. Well diggers 30.00
21. Windows: Sales, installation and service -0-- 37.50
Cosmetics, retail -0- 15.00
Curios & Novelties, Gift Shops 15.00
Dance Halls or any place of amusement where dancing is permitted,
including establishments licensed under beverage laws of this
state (except ballrooms at motels or hotels) 110.00
Dancing Schools (see also Schools) 15.00
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Day Nurseries (see also Schools) 15.00
Dealers: 1. Used cars, sales only (See also autos) 15.00
2. Secondhand merchandise 15.00
Decorator- Interior 37.50
Delicatessen (See Eating Establishments also) 15.00
Delivery or Messenger Service -0- 15.00
Dentists (See Physicians, etc.)
Department Stores ( Including 5 & 14 Stores) 15.00
Drugstores, including drugs, sundries and fountain (see 15.00
restaurant and other classifications for additional
license requirements)
Dry Cleaning Plants 30.00
Eating Places:
1. Restaurant, cafe, snack bar, dining room, drive-in eat-
ing establishment or other public eating place, whether
operated in conjunction with some other line of business
or not, except dining roms in licensed public lodging
establishments.
1 to 30 seats 15.00
31 to 74 seats 22.50
75 to 149 seats 34.00
150 or more seats 45.00
2. Snack counters which maintain no seats or take-out service 15.00
3. Drive-in restaurants where customers are served while
seated in vehicles, in addition to the fees specified in
paragraph 1 above. 22.50
4. Ice Cream, Vegetable, and Fruit Vendors 0 15.00
5. Ice Cream Parlor 15.00
6. Catering Service- - -0- 37.50
Electric Appliances, retail (including repairs) 15.00
Electric Distribution Utility (Publicly Owned) per meter - -0- 10.00
Electronics: Sales and service -0- 37.50
Employment Agencies 0 37.50
Engineers:
1. Each registered engineer's Professional Corporation -0 72.00
2. Each registered engineer -0 30.00
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Express Company 22.50
Fabrics: Yard goods and supplies -0- 37.50
Fish:Seafoods, retail or wholesale, place of business 15.00
Cross reference - Groceries
Fish: Tropical 0 37.50
Florist: Cut flowers, plants, not landscaping 15.00
Fuel Oil Service (Including Delivery) 37.50 50.00
Funeral Home: (Including Crematoriums) Must present current state
certificate number -0- 200.00
Furniture And House Furnishing: Local store, each place of business 15.00
Games: (See also Coin-Operated)
Amusement-Merchandise, seated participants, "bingo", etc.
Up to 150 seats -0- 200.00
Each additional seat -0- 1.00
Garage (See Auto)
Garbage and/or Trash Collectors 37.50
Gas, Fuel, bottled, tank or otherwise, dealers in 37.50
Gift Shops cross reference Curios & Novelties 15.00
Groceries, Meat and Fish Markets 15.00
An establishment or place of business selling foodstuffs at
retail shall be deemed a grocery; it shall not be deemed to
include wares or commodities such as clothing, furniture,
drugs or hardware.
An occupational license shall be paid for each separate
establishment. ( See other categories for additional license fees)
Hardware Store: Not to include heavy electric appliances 15.00
Hearing Aids: Sales and Services 0 37.50
Heating: See Contractors
Hotels (including Dining Room) , per room .560
See also Motels and Rooming Houses. Minimum $5.60-State license
prerequisite.
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House Movers 150.00
INSURERS:
1. Casualty Risks: There is hereby assessed, imposed and levied
on every insurance company, corporation or other insurer now
engaging in or carrying on, or which shall hereafter engage
in or carry on the business of insuring with respect to
casualty risks, as shown by the records of the Insurance
Commissioner of the State of Florida, an excise license tax
in addition to any license tax or excise tax now levied by
The City of Atlantic Beach, which tax shall be in the amount of
one percent of the gross amount of receipts of premiums from
policyholders on all premiums collected on casualty insurance
policies, covering property within the corporate limits of the
City of Atlantic Beach.
(b) .Property insurance. There is hereby assessed, imposed and
levied on every insurance company, corporation or other insurer
now engaging in or carrying on, or which shall hereafter engage
in or carry on the business of property insurance, as shown by
the records of the Insurance Commissioner of the State of
Florida, an excise or license tax in addition to any license tax
or excise tax now levied by the City of Atlantic Beach, which tax
shall be in the amount of two percent of the gross amount of
receipts of premiums from policyholders on all premiums collected
on property insurance policies covering property within the cor-
porate limits of the City of Atlantic Beach.
(c) .Date for payment. The license or excise taxes levied in (a) or
(b) above shall be due and payable annually on the first day of
March of each year hereafter.
Interior Decorating and Supplies Shop 37.50
Jewelers: Retail, repairs and service 15.00
Landscaping: (See Contractors)
Laundry:
1. Launderette, self-service 37.50
2. Steam Laundry plant/branch, includes right to solicit with
truck, including dry cleaning 52.50
3. Laundry Agent, including right to solicit house 30.00
Linen Supply: Rental of linens, etc. 30.00
Loan Company 0 200.00
Lumber Dealers: Retail sales (not to include hardware) 0 37.50
Lumber Yards 37.50
Motels & Rooming Houses, per rental unit(See also Hotels) .560
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Fifteen or more sleeping facilities. State License prerequisite
Minimum $5.60
Motion Picture Establishment 45.00
Motor Vehicles For Hire:
Each Bus under 4000 pounds 30.00
Each Bus over 4000 pounds 75.00
First taxicab or cruising cab 22.50
Each additional taxicab or cruising cab 7.50
Auto rentals or U-Drive-It companies, each company -0- 165.00
Trucks:
1. First truck -0- 56.00
2. Each additional truck -0- 12.00
Music Shop (Including records, instruments, etc.) 15.00
Newspapers:
1. Publishing -0- 120.00
2. Branch office -0- 72.00
NEWSPAPERS, MAGAZINES, PERIODICAL STAND 15.00
Nursery, Plant, Wholesale and retail -0- 37.50
Office Supply & Equipment, Wholesale and Retail 37.50
Oil and Gasoline Dealers, Wholesale & Retail 75.00
Opticians: Each registered Optician Professional Corporation -0- 72.00
Each registered Optican 22.50 30.00
Parking Lots 37.50
Pet Grooming -0- 37.50
Pet Shops or Kennels 37.50
Photographers and Developers: Established Place of Business- - - - 37.50
Photographers, itinerant, not having permanent place of business- - 37.50
Physicians: Surgeons, chiropractors, osteopaths, chiropodists,
pediatrician, psychiatrist, naturopath, dentist, veter-
inarians, ophthalmologists and other persons otherwise
engaged in the occupation or profession of treating by
medical means the ailment of man or beast
Each Physician professional corporation 0 72.00
Each Physician 22.50 30.00
Plumbing Supplies, retail 15.00
Pool Tables (See Billiards)
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Popcorn and /or Peanut Shop 0 37.50
Printers and Lithographers 37.50
Pro Shop: Golf and Tennis 37.50
Radio, Television & Electronic Shop(Including Sales & Repairs)- - 37.50
Repairmen and Repair Shops (Repairing household furnishings or
household appliances) 37.50
Rooms, Rooming Houses See Motels, Rooming Houses
Savings And Loan Association or Institutions -0- 200.00
Schools:
1. Private, including dancing, nursery, and kindergarten- - 15.00
Cross Reference Nursery
2. Trade or Profession 37.50
Secondhand Merchandise, Store or Dealer 15.00
Seed Store, retail 15.00
Service Station - See Auto
Shoe Repair Shop 30.00
Shoes: Retail 0 37.50
Stocks and Bonds Broker See Brokers
Storage Warehouse or Rooms 37.50
Surf Shop 37.50
Taxicabs (See MOTOR VEHICLES)
Telephone Company: Subject to Franchise
First 1,000 phones or instruments or fraction thereof, per phone
or instrument operated or installed .075
Second 1,000 phones or instruments or fraction thereof, over
1,000, per phone or instrument operated or installed .06
All over 2,000 phones or instruments, per phone or instrument
operated or installed .045
Trailer Park or Tourist Camp:
1 to 10 trailer spaces 37.50
10 to 20 trailer spaces 52.50
20 or more trailer spaces 75.00
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Travel Bureaus -0- 40.00
Tree Surgeons (Including tree trimmers) 0 37.50
Truck Transfer:
Established place of business 37.50
No established place of business, per truck 15.00
Upholstery Shops 37.50
Watch Repair: Service and Sales -0- 37.50
Water Softener 37.50
Welding Shop -0- 37.50
Any Business, Profession Or Occupation Not Classified Herein:
Minimum fee 37.50
Section 10-12. This Ordinance shall become effective October 1, 1984.
* * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading August 30, 1984.
Passed by the City Commission on Second and Final Reading September 24, 1984.
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� 1
Wil am . Howell
Mayor/Presiding Officer
(SEAL)
ATTEST:
g Yeia f‘11-61- -
Adelaide R. Tucker
City Clerk, CMC
Approved as to form and content:
`-:ude L. Mullis, ity orney
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