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Ordinance No. 70-68-4 v ORDINANCE NO. 70-68-4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH RELATING TO TAX ON CIGARETTES; FIXING RATES, PROVIDING FOR COLLECTION AND USE OF PROCEEDS; AND OTHERWISE PERTAINING TO THE LEVY OF SUCH TAX: REPEALING ORDINANCE #70-63-2. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA: SECTION 1. An excise or privilege tax in addition to all other taxes of every kind imposed by law is hereby levied and imposed upon the sale, receipt, purchase, possession, consump- tion, handling, distribution and use of cigarettes in the territorial limits of the City of Atlantic Beach, Florida, for cigarettes of standard dimensions as defined by the general law of the State of Florida in the following amounts: 1. (a) Upon all cigarettes, as herein defined, four (4) inches long or less, five and one-half (55) mills on each cigarette; (b) Upon all cigarettes, as herein defined, more than four (4) inches long and not more than six (6) inches long, eleven (11) mills on each cigarette; and, 41 (c) Upon all cigarettes, as herein defined, more than six (6) inches long, twenty-two (22) mills on each cigarette. 2. The description of cigarettes contained in sub-section 1. of this section are hereby declared to be standard as to dimen- sions for taxing purposes as provided in this Ordinance and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimen- sions, the same shall be taxed at the rate of one cent on each such cigarette. 3 . Where cigarettes, as described in sub-section 1. (a) above, are packaged in varying quantities of twenty (20) cigarettes or less, the following rate shall govern: (a) Packages containing ten (10) cigarettes or less require a five and one-half-cent (550tax; and, (b) Packages containing more than ten (10) but not more than twenty (20cigarettes require an eleven-cent (11 ) tax. 4. Where cigarettes, as described in sub-section 1. (b) above, are packaged in varying quantities of twenty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (10) cigarettes or less require an eleven-cent (11 ) tax; and, (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a twenty-two-cent (22 ) tax. ' Ordinance No. 70-68-4 Page #2 5. Where cigarettes, as described in sub-section 1. (c) above, are packed in varying quantities of twenty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (10) cigarettes or less require a twenty-two-cent (22 ) tax; and, (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a forty-four-cent (44 ) tax. SECTION 2 . The tax levied and imposed herein shall be collected by the Beverage Department of the State of Florida in the manner prescribed in Senate Bill 116-X, 1968 Special Session of the Legislature of the State of Florida. SECTION 3 . All funds received by the City of Atlantic Beach, Florida, by virtue of this Ordinance shall be paid into a separate account to be designated "Cigarette Tax Account" and shall be used and expended only for the purposes specified in Senate Bill 116-X, 1968 Special Session of the Legislature of the State of Florida. SECTION 4. Ordinance #70-63-2 and all Ordinances in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall take effect April 1, 1968. 1/410 * * * * PASSED by the City Commission of the City of Atlantic Beach on first reading on March 25th, 1968. PASSED by the City Commission of the City of Atlantic Beach on second and final reading on April 8th, 1968. Attest: (SEAL) Adele S. Grage, City erk This is to certify that the above ordinance was posted f_,- 9._6 at the City Hall following its final passage ( . r Adele S. Grage, City C)4.