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129 vORDINANCE NO. / 2.. AN ORDINANCE LEVYING AND IMPOSING AN EXCISE OR PRIVILEGE TAX UPON THE SALE, RECEIPT, PURCHASE, POSSESSION, CONSUMPTION, HANDLING, DISTRIBUTION AND USE OF CIGARETTRS IN THE TOWN OF ATLANTIC BEACH ; PROVIDING FOR THE METHOD OF COLLECTION; PROVIDING FOR THE E XPENDITURE OF THE FUNDS DE- RIVED THEREFROM; PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TaWN OF ATLANTIC BEACH, FLORIDA: SECTION 1. That an excise or privilege tax in addition to all other taxes of every kind imposed by law is hereby levied and imposed upon the s ale, receipt, purchase, possession, consump- tion, handling, distribution and use of cigarettes in the territorial limits of the Town of Atlantic Beach, Florida for cigarettes of stand- ard dimensions as defined by the General Law of the State of Florida, in the following amounts : 1. (a) Upon all cigarettes , three and one-half inches long or less , two and five-tenths (2 5/10) mills on e&ch cigarette; b) Upon all cigarettes , between three and one-half and six inches long , five (5) mills on each cigarette ; and c) Upon all cigarettes , six inches long or longer, ten (10) mills on each cigarette. 2. The description of cigarettescontained in subsection one of this section are hereby declared to be standard as to d imensions 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 (1) I) cent on each such cigarette. 3. Where cigarettes, as described in subsection (1) (a) above, are packed in varyingquanti ties of twenty cigarettes or less , the following rates shall govern: a) Packages containing ten cigarettes or less require a two and five-tenths (2 5/10) cent tax; and b) Packages containing more than ten but not more than twenty cigarettes require a five (5) cent tax. 4. Where cigarettes , as described in subsection (1) (b) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall gp vern: a) Packages containing ten cigarettes or less require a five (5) cent tax; and b) Packages containing more than ten but not more than t wenty c igarettes require a ten (10) cent tax. 5. Where cigarettes , as described in subsection (1) (c) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall gp vern: a) Packages containing ten cigarettes or less require a ten (10) cent tax; and b) Packages containing more than ten but not more than twenty cigarettes require a twenty (20) cent tax. SECTION II. 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 1$-X as adopted by the 194.9 Extra- ordinary session of the Legislature of the State of Florida. SECTION III. That all funds received by the Town of Atlantic Beach, by virtue of this ordinance shall be paid into a separate fund to be designated "CIGARETTE TAX FUND" and shall be ap- propriated and expended by the City Council for the following pur- poses only: For the future cost, purchase , building, designing,engi- neering, planning, repairing, reconditioning, altering, expanding, main- tainin`;, servicing and otherwise operating any of the following: 2- Streets , bridges , storm sewers , curbs , drains , gutters, water supplies, sanitary facilities and services for the preservation, protection or improvement of the public health and safety, including hospitals , fire stations and fire fighting equipment, sanitary sewers, sewerage disposal systems, sewerage disposal plants and facilities , garbage and refuse collection and disposal services, facilities and equipment, incinerators and other facilities and services, including street c leaning, inspections and services for the protection of pub- lic health including the enforcement of ordinances designed to maintain safe health standards with respect t o f oods , mosquito, insect and rodent eradication and control, and the removal and abatement of nuisances which may b e or constitute dangers to public health and the exercise of controls for public safety, facilities for the prevention of beach erosion, the enforcement of the laws of the State of Florida , and municipal ordinances with respect t o public travel, health and safety, and such other state functions which are performed by municipal govern- ments within their boundaries , and are otherwise performed by the state and county governments outside of the limits of incorporated municipalities, or as otherwise provided by the terms and provisions of Senate Bill 1$-X, 1949, Extraordinary Session of the Legislature of the State of Florida. Passed by the Town Council on first reading October 3 , 1949. Passed by the Town Council on second reading October 3 , 1949. Passed by the Town Council on third and final reading October 10, 1949, and certified to the Mayor, October 10, 1949. Attest : Town Clerk Approved: viayor 3-