Item 7B - Ordinance 45-16-22CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 45-16-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE FOLLOWING CHAPTERS AS
NOTATED AND TO REAl) CITY MANAGER OR DESIGNEE
WHERE PREVIOUSLY NOTATED CITY CLERK: CHAPTER
18, SOLICITATIONS; 18-2 PERMIT, REGISTRATIONS AND
FINGERPRINTING REQUIRED; SECTION 18-3, FEES;
SECTION 18-4, R EGULATIONS AND PROHIBITIONS;
SECTION 18-6, IN SPECTION OF BOOKS AND RECORDS;
SECTION 18-7, REVOCATION; SECTION 18-8, EXCEPTIONS
AND CllAPT I~R 20, TAXATION; ARTICLE Ill, LOCAL
BUSINESS TAX; SECTION 20-53, HALF YEAR RI.CCEIPT ;
AND SECTION 20-54, DUE DATES AND DELINQUENCIES;
PENALTIES AND DELETING THE REQUIREMENT THAT
THE C ITY CLERK SHALL DISCONNECT WATER SERVICE
FOR NON PAYMENT; AND SECTION 20-56, COMPLIAN CE
BY RECEIPT HOLDERS; PROVIDING FOR CONFLICT;
l,ROVIDlNG .FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
SUBMITTED HY: Ru sse ll Caffey, Director of Fin ance ~ y
April 26, 20 16 DATE:
TR.A TECJC PLAN LINK: S uccess ion Planning
BACKGROUND:
A GENOA ITEM # 7B
MAY9,2016
Ordin ance 45-16-22 had initia l and seco nd read in gs at the March 14th and March 28 th meetin gs,
respect ive ly. At the request of th e City Mange r, this agenda item was deferred in ord er to be rev ised
lo include Chap ter 18 Solicitations.
Tn an effort to streamlin e operation s of th e C ity to co ntinu a ll y do more w ith fewer reso urces, l am
pro po sin g a s hift in responsibilities of the dail y duti es of man ag in g Soli cit a ti ons and Bu si ness Tax
Receipts from the Ci ty Clerk to the C ity Manager, more specifica lly to the Finance Dcpa rtm enl [n
my opini o n, the j ob du1ics a re bette r s uited for th e Finance Department than fo r the Clerk 's Oftice
due to th e nature of th e dut ies . Reason s tbr thi s chan ge arc hi ghli ghted bel ow:
1. One of th e most significant reaso ns to impl emen t a change is tha t alth oug h the code indi cates
th at the Clerk's Office is respo ns ibl e, a s ignificant portion of th e work is not s up ervi sed by the
C lerk . The zo ning ap prova ls, inspec ti o ns and th e co ll ection of the fees are a ll perfo rm ed by oth er
depar tm en ts. \Vh en pr obl ems arise, th e Clerk has no authority over the per so ns o utside her
department pe rformin g the tas ks. There should be one person responsi bl e for the to tal pr ocess to
AGENDA ITEM# 7B
MAY9,2016
insure that the treatment of customers is unifmm and consistent, the fees are applied correctly and
the inspections are performed timely.
2. According to the Clerk, the Clerk's Office has been experiencing great difficulty performing
this function at a front counter, taking up much needed time that should be devoted to records
management. The Clerk has repeatedly brought it to my attention that her Records Clerk has
difficulty working on records with the interruptions of the front counter. Moving the Solicitation
and Business Tax Receipt functions across the hall should alleviate some of this pressure. The
Record's Clerk would be better utilized assisting the City Clerk with public records requests and
processing records that need to be scanned and indexed for future reference.
3. The Finance Department already processes tax receipt payments, the Building and Planning
Department perfmms a zoning review and the Building Official coordinates any inspections that
need to be done. The Finance Department has front counter support and is capable of performing the
remaining required procedures of taking the applications and verifying once trained.
4. The software that the Clerk's Office has been using has proven to be troublesome and time
consuming. The software will be upgraded in the near future and will require many hours of
training. By transferring these duties now, the Finance Department will have time to train and
migrate to the new software and unburden the Clerk's Office with this responsibility. Finance
personnel have more resources to go through the conversion and get the programs running smoothly.
They will have the support of the Finance Director and two Accountants and a Billing Specialist.
Having people trained and cross trained should make the process work more efficiently. This will
also limit the need for the Clerk's Office to spend resources on the City's integrated software except
for requisition input.
5. When there is a critical function in a small department and only the person assigned the task
knows how to perfmm the task or has time to perform the tasks and that person leaves employment,
it puts the City in a difficult position to recover, especially when the process is complicated and
involves specific software. These types of duties would be better off with a pool of employees that
are familiar with the program.
6. This code revision also removes language that requires the City Clerk to cut off water
services to those businesses that do not pay by January 31st. The City Clerk has never enforced this
section of the code. The business may be closed for non-payment, but utilities may need to remain
on if paid for.
7. This revision of the code also clarifies the dates for half-year tax receipts and removes the
provision that asks for hardship consideration before a partial year tax receipt would be given. This
· is not a necessary provision when partial year receipts are allowed. Declaring a hardship is very
subjective and difficult to apply.
For these reasons, the transfer of the responsibility of managing Solicitations and Business Tax
Receipts from the City Clerk to the City Manager or his designee by amending Section 18 of
Chapter 18 and Section 20 of Chapter 20, Article III, of The Atlantic Beach Code of Ordinances
would be in the best interest of the City.
BUDGET: None
RECOMMENDATION: To approve Ordinance 45-16-22 as read by title.
ATTACHMENT: Ordinance No. 45-16-22
REVIEWED BY CITY MANAGER:
AGENDA ITEM# 7B
MAY9,2016
ORDINANCE NO. 45-16-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE FOLLOWING CHAPTERS
AS NOTATED AND TO READ CITY MANAGER OR
DESIGNEE WHERE PREVIOUSLY NOTATED CITY
CLERK: CHAPTER 18, SOLICITATIONS; 18-2 PERMIT,
REGISTRATIONS AND FINGERPRINTING REQUIRED;
SECTION 18-3, FEES; SECTION 18-4, REGULATIONS
AND PROHIBITIONS; SECTION 18-6, INSPECTION OF
BOOKS AND RECORDS; SECTION 18-7, REVOCATION;
SECTION 18-8, EXCEPTIONS AND CHAPTER 20,
TAXATION; ARTICLE III, LOCAL BUSINESS TAX;
SECTION 20-53, HALF YEAR RECEIPTS; AND SECTION
20-54, DUE DATES AND DELINQUENCIES; PENALTIES
AND DELETING THE REQUIREMENT THAT THE CITY
CLERK SHALL DISCONNECT WATER SERVICE FOR
NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY
RECEIPT HOLDERS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# 7B
MAY9,2016
WHEREAS, the City Clerk is currently assigned the duties related to the management of
solicitations and the issuance and renewal ofbusiness tax receipts and is accomplishing this task
with the support of a records clerk; and,
WHEREAS, there are significant records of the City that have not been scanned and
indexed for future reference and increases in public records requests are taking up more time
than in the past; and,
WHEREAS, the City Manager, through the realignment of some other job duties
proposes to perform the duties of the management of solicitors and business tax receipts and
bring that function into the Finance Department. The collection of fees is already performed by
the Finance Department and they have front counter support for this function.
A GENOA IT EM I# 7 8
MAY 9, 20 16
WHEREAS, th e C ity Commission now fin ds tha t it is i n th e best i n terest of the C ity to
tra nsfer th e resp o ns ib il ity of m an agi ng So licitors a nd Business Tax R ecei pts fro m the City C lerk
to the C ity M anager or hi s designee an d th erefore desires to am end Section 18 of C h a pter 18 a nd
Section 20 of C ha pte r 20, A r1iclc Ill, of th e A tla nt ic Beach Cod e of O rd inan ces.
NOW THE REFORE, B E IT ENACTED BY THE C ITY COMMISSION O N
BEHALF OF THE PE OPL E OF THE CITY OF ATLANTIC BEACH, FLORIDA :
SECTION 1 Code A m ended. T hat Section I 8 of the Cod e of O rd in ances, related to
sol icitati o ns in tl1 e C ity of A tl a ntic Beach Flo rid a is h ereb y am end ed as fo llows:
Sec. 18-2 . -Permit; r egistration a nd fin ger printin g required .
Each and every soli cito r, before ente ring into or upon a re s id e nti al pre mi ses within th e c it y
fo r th e purpose of s o li c iti ng, sh a ll register with th e-ciw manager or desi gnee eity cleric , o bta in a
permi t , and f urn is h the ci ty manager or desrgnee city clerk with the fo ll owing:
(I )
(2)
(3)
(4)
(5)
(6)
T he nam e, local and pe rm a ne nt a dd resses, age, r ace, weig ht, he ight, co lor of h a ir a nd eyes
a nd a ny o ther di stin gui s hin g phys ical c haracte ri sti cs of tb e a ppli cant;
T he n ature o r purpose for w hich sol ic itat ions w il l be mad e and the nat ure of the goods,
wares o r m e rcha ndi s e offered fo r sale;
T he na m e a nd address of the emp loyer or o rga ni zat io n represen ted , i f any;
A statement as to w h ether th e applicant h as been con victed of any fe l o n y or m is de m eanor
a nd, if so, the nature of the offen se, wh en and wh ere con vic ted a nd th e p enalty o r
punishme nt as sessed the re fo r;
A comple te set of fi ngerp rin ts tak en by th e chief of po lice o r his dcs i&rn ee; a nd
A utho ri za ti o n f o r a c rim in al backg ro und investi gati o n .
S ec . 18-3. -Fees.
A fee of th i11 y-fi ve dollar s ($35.00) to cover th e cost of i nves ti gatio n of the app li can t and
process ing o f the appli cati o n s hall b e p aid to th e city manager or designee city olerk w h en th e
app lication is fil ed and shall no t b e r eturnable und er any ci rc um s tances . In addition to t he
AGENDA ITEM I# 7B
MAY 9, 20l6
aforementioned fee , each soli citor shall be require d to pay for a soli c itor's pe rmi t as provided in
section 20 -59 of the City Code.
Sec. 18-4.-Regulations and prohibitions.
(a)
(b)
(c)
(d)
(e)
(t)
(g)
Whil e engaged in soli c iting in or up on residential premises, each solicitor s hall carry and
prominently display the pennit issu ed by the ctty ma nager or designee eity elerk which s h all
co ntain the name, address and tel e pho ne number of the so li citor, as well as the name of th e
person or organization for whose be nefi t o r on whose beh alf the so licito r is acti n g.
No solicitor s hall in any way unlawfuJJ y o bstruct, delay or interfere w ith the free
movements of any person against that person's will or seek to coerce or physically disturb
any o th er p e rson.
No solicitor shall in any way unlawf ully obstruct, delay or in terfere with veh ic ular traffic
within the ci ty .
No so li c itor s hall solicit d oor-t o -doo r at any resid ence b etween the h o urs of s unset a nd 9:00
a.m.
No solicitor s hall solicit, except under the conditions pcn nitted , if p ermi t required, by
~cdion 18 -2 .
It shall be unlawful to so li c it at, nor enter upon, any premises withi n the c ity where a "No
Soli citation" sign i s posted in accord a nce w ith the provisions of this subchapter, unless
o therwise invited onto the pre mises for that purpose.
It is unlaw ful for any person in co nn ectio n with the pl anning, conduct o r execution of a n y
soli citatio n to:
(1)
(2)
(3)
Make mi srepresentations or mi s leading s tatements to the effect that a ny o th e r person or
organization s ponsors or endorses s uch so licitation, a pproves of its purpose, o r is
connected therewith, when that person o r organiza tion has not given written co nsen t to
th e use of its n ame.
Represent that the co ntribution is for or on behalf of a n organi?.ati on or s po nsor o r to
use any e mblem, device o r prin ted m a tter belonging to or associated with a n
organi zation or spo nsor, without fi rst being a uthorized in writing to do o b y the
organization or s po nsor.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
AGENDA ITEM# 7B
MAY9,2016
Use a name, symbol, emblem, device, service mark or statement so closely related or
similar to that used by another organization or sponsor that the use thereof would
mislead the public.
Falsely state that the person is a member of or a representative of an organization or
sponsor, or falsely state or represent that the person is a member of or represents a law
enforcement or emergency service organization.
Misrepresent or mislead anyone by any manner, means, practice or device whatsoever
to believe that the person or organization on whose behalf the solicitation or sale is
being conducted is a charitable organization or sponsor, or that any of the proceeds of
the solicitation or sale will be used for charitable or sponsor purposes, if that is not the
fact.
Represent that a charitable organization or sponsor will receive a fixed or estimated
percentage of the gross revenue from a solicitation campaign greater than that
identified in any filings required under Chapter 496, Florida Statutes, or that a
charitable organization or sponsor will receive an actual or estimated dollar amount or
percentage per unit of goods or services purchased or used in the charitable or sponsor
sales promotion that is greater than that agreed to by the commercial coventurer and
the charitable organization or sponsor.
Use or exploit the fact of registration or the filing of any report with any governmental
agency so as to lead any person to believe that such registration in any mmmer
constitutes an endorsement or approval by the state.
Make misrepresentations or misleading statements to the effect that a contribution or
the display of any sticker, emblem or insignia offered to contlibutors will entitle such
other person to any special treatment by emergency service employees or law
enforcement officers in the performance of their official duties.
Solicit contributions from another person or organization while wearing the uniform of
an emergency service employee or law enforcement officer, or while on duty as an
emergency service employee or law enforcement officer, except where the solicitation
is for an organization exempt from federal income tax under s. 501 ( c )(3) of the Internal
Revenue Code or except when soliciting contributions to benefit an emergency service
employee or law enforcement officer who has been injured in the line of duty or to
benefit the family or dependents of an emergency service employee or law
enforcement officer who has been killed in the line of duty.
Solicit contributions on behalf of another person or organization using any statement
that the failure to make a contribution shall result in a reduced level of law
enforcement services being provided to the public or the person solicited.
(12)
(13)
(14)
AG ENDA IT EM #17 0
MAY9,2016
Em p loy in a ny solic itat io n a ny dev ice, s cheme o r arti fice to d efraud or to o b ta in a
contri butio n by m eans of a ny deception, fa lse p rete nse, mis representatio n or fa ls e
pro mi se.
Noti fy a n y oth er p erson by a n y means, as pa ti of an ad vert is ing schem e o r p la n, that
the o th er p erson h as won a p ri ze, received an award or has been selected or is e li g ibl e
to receive a nything of valu e if the o the r p e rson is required to purc hase goods o r
s ervices, pay a ny mo ney to p atii c ip a tc in or submit to a pro m o tio n effoti.
Fail to provide compl ete and timely payme nt of the proceed s from a soli ci tat ion
campa ig n to a chari tabl e o rgan ization o r s po nsor orga ni zat io n .
Fail to apply contributi o ns in a man ner subst antia ll y consis ten t w ith th e s olic itat io n.
( 15)
F a il to id entify hi s professio na l r el a ti on ship to the person fo r whom th e s olicitation is
b eing m ade.
Sec. 18-6.-Inspection of books and records.
U po n requ est of th e-city manager or d esignee ~&Fii, th e ho lder of a p ennit s hall make
availa ble for ins pe ctio n, b y a ny agent o f th e city, all books, records a nd p apers perta in ing to th e
regi stered soli c ita ti o n at a ny reaso nabl e time while the p ermit is in effect o r after it has ex p i re d .
Sec. 18-7.-Rev ocation.
T he city manager or desi!:mee etty elerk or his or her designateei ageAt sh a ll revoke any
p ennit issued under this article i f he o r s he fi nds that the p ermittee has g iven fa lse i n forma t ion or
has kn owing l y w it hhe ld info nnatio n in o bta ining same o r upon vio la t io n of any po rti on of t h is
c hapter .
Sec. 18-8 . -Exceptions.
(l )
(2)
(3)
Th e pro vi si o ns of s ub secti o ns I ~-2 (4 ), (5), a nd (6), and sect ion I '-3 shall not apply to :
Any p e rson w ho vis its a n y residence o r apartm e nt a t th e re quest o r inv itatio n of th e owner
o r occup a nt t he reo f ;
Unpa id members of a ny c iv ic o r ch aritabl e o rganiz a ti o n who are regist ered as suc h w ith
the city manager or designee ~eFk-and th e n a m es of th e so lic ito rs h ave been li s ted
as s uc h membe rs and th e o rga ni zati o n h as p rovided each person li s ted w ith a n
ap p roved means of id entificati o n with th e o rgani zati on represented ;
(4)
(5)
(6)
A ENDA ITEM I# 78
MAV 9, 2016
Newsboys so li c iting s ubscriptio ns to an y n ewspaper fo r home deli very w ithin t he c it y;
Route dcliverymen w h o make d eliveries to regu l a r customers and w h ose soli citation is
onl y incid ental to their regular deliveries;
Solicitors o r agents of life o r o ther insurance companies w h o h old a license issued by U1 e
ins ura n ce commission e r of the state; and
Any ch aritab le, reli gious, fraternal, youth, civ ic, service or o th er organizati o n w h e n the
organization m akes occasional sales or engages in fundraisi ng projects w h e n the
projects are perfonned exclus i vely by the m embers thereof and when t h e proceeds
derived from th e acti vi ties a re used exclusively in the ch ari table, religiou s, fraternal,
you th, civic and service activities ofthc o rgani zation.
SECTION 2 Code Amended. T hat Sectio n 20 of th e Code of O rdinances, relating to the
Business Tax Receipts of th e C ity of Atlantic Beach, F lorida, is h ereby amended as follows:
Sec. 20-53 . -Half-year receipts.
No receipt s ha ll be issued for more than o ne year. For each receipt obtai n ed from October I
through March 3 1, th e full tax for o ne yea r sh a ll be paid ; fo r each receipt o btained from April 1
tlu·o ugh September 30, one-h a lf of the fu ll t ax sh a ll be paid .
Sec. 20-54. -Due dates and delinquencies; penalties .
(a) All receipts sh a ll be so ld by th e c ity manager o r designee city cleric beginning September
fi rs t of each year and s h a ll be due a nd payable o n o r before October fi rst of each year and
sh a ll expire on September thirtieth of the s u cceed i ng year. l f October first fa ll s on a
weekend o r h o liday, the tax s h all be due and payable o n or b efo re the firs t working day
following October first. Those r eceipts not renewed when due and payable s h a ll be
consid ered delinquent and s ubject to a delinquency penalty often {l 0) p e rcent for the month
of October , p lu s an additiona l five (5) p ercent penalty for each month of delinquency
thereafter until paid. H owever, the total delinque ncy penalty s hall not exceed twent y-five
(25) percent of the local business tax fee for the delinquent establish ment. I f reeoipt is not
paid by January thirty first, the city clerk shatl have eity wa tOf serviee dt5eeflfleoted until
business ta* tee plu s Ele liRquent charges are paid in fulh
(b) Any person e n gaging in or m a n agi n g any business, occupation or profession w it hout firs t
obtaining a local business tax rece ipt, if required in this article, s hall b e subject to a p e nalty
of twenty-five (25) percent of the b usiness tax fee determined to be due, in addition to the
penalty provided by F.S. Ch . 162; any s uc h business may be closed by the c ity manager or
his designee until the business tax requirements h ave been met.
Sec. 20-56. -Compliance by receipt holders.
Issuance of a l ocal business tax rece ip t by the city m anager or d esignee eity elerk s h a ll in no
way relieve the h o lder th ereofofrcspo n s ibility for compliance with all provisions ofthis Code o r
AGENDA ITEM# 78
MAY 9,2016
other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the
city commission regulating the conduct of the bus iness.
SECTION 3. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provi sions of thi s ordinance shall govern.
SECTION 4. Severability. lf any section, sentence, clause or phrase of this ordinance is
he ld to be invalid or unconstitutiona l by any coUJ1 of competent jurisdiction, then said ho lding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. Effective Da te and Recording. This Ordinance shall take effect July 1st
immeEiiately HpoR its fiHal passage an d adoption and shall be recorded in a book kep t and
maintained by the C lerk of the City of Atlantic Beach, Duva l County, Florida.
PASSED by the City Com mi ss ion on fir st reading this 91h day of May 20 16.
PASSED by the City Comm ission on second and final reading this 23 rd day of Ma y
2016,
ATTEST:
DONNA L. BARTLE
Ci ty Clerk
Approved as to form and con·ectness:
BRENNA M. DURDEN
City Attomey
MITCHELL E. REEVES
Mayor!Presid ing Officer