Item 7A - 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 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.
SUBMITTED BY: Russell Caffey, Director of Finance
DATE: April26, 2016
STRATEGIC PLAN LINK: Succession Planning
BACKGROUND:
AGENDA ITEMS# 7A
MAY23,2016
Ordinance 45-16-22 had initial and second readings at the March 14th and March 28th meetings,
respectively. At the request of the City Manger, this agenda item was deferred in order to be revised
to include Chapter 18 Solicitations.
In an effort to streamline operations of the City to continually do more with fewer resources, I am
proposing a shift in responsibilities of the daily duties of managing Solicitations and Business Tax
Receipts from the City Clerk to the City Manager, more specifically to the Finance Department. In
my opinion, the job duties are better suited for the Finance Department than for the Clerk's Office
due to the nature of the duties. Reasons for this change are highlighted below:
1. One of the most significant reasons to implement a change is that although the code indicates
that the Clerk's Office is responsible, a significant portion of the work is not supervised by the
Clerk. The zoning approvals, inspections and the collection of the fees are all performed by other
departments. When problems arise, the Clerk has no authority over the persons outside her
department performing the tasks. There should be one person responsible for the total process to
AGENDA ITEM# 7 A
MAY 23,2016
insure that the treatment of customers is uniform 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 performs 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 perform 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 a~ read by title.
ATTACHMENT: Ordinance No. 45-16-22
REVIEWED BY CITY MANAGER:
AGENDA ITEM# 7 A
MAY 23,2016
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; PENAL TIES
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 ITEMS# 7A
MAY23, 2016
WHEREAS, the City Clerk is currently assigned the duties related to the management of
solicitations and the issuance and renewal of business 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.
AGI!:NDA ITEM# 7A
MAY23,2016
WHEREAS, the City Commi ssion n ow find s tha t it is in the best interest of the C ity to
transfer the r espon s ibility of managing Solicitors and Business Tax Receipts from the C ity C l erk
to the C ity Manager or his d esignee and therefore desires to amend Section 18 of Chapter 18 and
Section 20 of Chapter 20, A rticle I U, of the Atlantic Beach Code of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CTTY OF ATLANTIC BEACH, FLORIDA:
SECTION I Cod e Amended. That Section 18 of the Code of O rdin ances, r e la ted to
soli c itations in the City of Atlanti c Beach Florida is here by a mended as fo llows:
Sec. 18-2.-Permit; registration and fingerprinting required.
Each a nd every soli c itor, b efore e ntering into or upon a r eside ntial premises withi n the c it y
for the purpose of soliciting, s ha ll register w ith the-cit v manager or designee eity e lerk , obtai n a
penn it, and f urni sh the c ity manager or designee eity el13FIE w ith the following:
(1)
(2)
(3)
(4)
(5)
(6)
The n ame, local and p erm anent addresses, age, race, weight, height, color of hair and eyes
and a n y other distinguishing physical c haracteristics ofthe appli cant;
The nature o r purpose for which soli citation s will be m ad e and the n ature of the goods,
wares o r merchandise offer ed for sale;
The name and address of th e em p loyer o r organi zatio n represented, if any;
A statement as to whet h e r the appl icant has been convicted of a n y fe lony or misdemeanor
and, if so, the n atu re of the offense, w h en a nd where convicted and the penalty or
punishment assessed th e refor;
A complete set of fingerprints taken by the ch ief of po li ce or hi s designee; and
Authoriz atio n for a crim ina l background investi gati on.
Sec. 18-3. -Fees.
A fee of thitty-five dollars ($35 .00) to cover th e cost of in vestigation of the applicant and
processing of the app li cation s h all be paid to the ctty manager o r designee cit) elerl€ when t he
application is filed a nd shall not be returnable und er a n y c ircumstances. In additi on to t he
AG I~NOA ITEM# 7A
MAY 23,2016
aforementio ned fee, each so li cito r s ha ll be req uired to pay for a so li c itor's petmit as provided in
section 10-59 ofthe City Code.
Sec. 18-4. -Regulations and prohibitions.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
While e ngaged in so liciti ng ln or upo n resid e nti a l premi ses, each so lici tor sha ll ca rr y and
prominently display th e pc1mit issu ed by th e city manager or designee eity eleriE which shall
co nt ain the name, address and te lephone numb er of the so licitor, as we ll as the name of the
person or o rga ni za ti on for whose benefit or on w hose behalf th e so li cit o r is acting.
No so licitor sha ll in any way unlawfully obstruct, d ela y or interfere with the free
movements of any person aga in st th at pe rso n's will or seek to coerce or physically di stw·b
any o ther person.
No solicito r shaiJ i n any way unl awfu ll y obstruct, delay o r interfere with vehicular traffi c
within tl1 e city.
No so licito r shall so li c it door-to-doo r at any residence between th e hours of sunset and 9:00
a.m .
No solicitor sha ll so li cit, except und er the condi tio ns pennitted, if permit required. by
sccl J\111 18-2.
It s hall be un lawful to soli cit at, nor enter upon , a ny premises within the city where a "No
Solicitation" sign is posted in accordance with th e provisions of thi s s ub chapter, unless
otherwi se in v ited onto the premises for that purpo se.
1t is unl awfu l fo r any perso n in connection with the pl anning, co nduct or execution of any
so li cit ation to:
(1)
(2)
(3)
M a ke misrepresentations or mi s lea ding statements to th e effect that any other person o r
orga ni zati o n sponso rs or end orses s uch so lici tati o n, approves o f it s purp ose, or is
co nn ected therewith, when that person or organi za tion h as not g ive n written consent to
the u se of it s name.
Represent that the co nttibution i s for or on be half of an o rga ni zat ion or spo nsor or to
use any e mb lem, device o r printed m atter belongin g to or associated with an
orga ni za tion or sponsor, without fir st bein g authorized in wr iting to do so by th e
or ga niza tion or sponsor.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
AGENDA ITEM# 7A
MAY23,2016
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 govemmental
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 contributors 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 unifonn 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.50l(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)
AGENDA I'I'EM 117A
MAY 23,2016
E mploy in any so licitation any dev i ce, sch e m e o r a rtifi ce to d c fi ·a ud or to o btain a
con tributio n by means of a n y deception, fa lse pretense, mi s representation or fa lse
promise.
Notify a ny other person b y any m ean s, as part of an advertisi ng scheme or plan, that
th e oth e r person has won a prize, received an award or h as been selected or is e li g ible
t o receive anything of va lu e if the other p e rson is required to purchase goods o r
services, p ay a n y m oney to participate in o r s ubmit to a promotion eff01i.
Fai l to provide complete a nd timely payment of the proceeds fro m a soli c itation
campa ig n to a c haritab le organization o r sponsor o r ganizati on.
Fail to a pply contributi o ns in a ma m1cr s ubs ta nti a ll y con sistent with the soli citati on.
(15)
Fail to id enti fy his professio nal r e lati o ns hip t o the person fo r w h om the soli c itatio n is
being m a d e.
Sec. 18-6. -Inspection of books and records.
U p on reques t of t h e-city manager o r destgnec eity c lerk, the ho lder of a p e rmit shall make
availabl e tor in s pectio n , by any agen t of the city, a ll books, record s and paper s p ertaini ng to the
r egis tered soli c ita tion at a n y reasonable time w hi le the pe nnit is in effect or after it h as expired.
Sec. 18-7 . -Revocation.
T h e city manager or designee ei ty elerk or !lis or her eesigaated ageat s haJl revoke any
p e nnit issued und er this article if h e o r sh e find s that th e pennittee h as g iven false info rm a ti o n o r
has knowi ng ly withheld in fo nnatio n in obta ining same o r upon v io latio n of a ny portion of this
chapter.
Sec. 18-8. -Exceptions.
(I )
(2)
(3)
The provi sions of subsecti ons l -2 (4), (5), a nd (6), and section l X-J sha ll n o t appl y to:
Any person who vis its a n y residence o r apartment at t he request or invitation of the owner
or occupant th e reof;
U np ai d me mbe rs o f a ny ci v ic o r c haritabl e organizat ion w h o a re r egistered as s u c h with
th e city manager or designee eity clerk a nd the names of the solicitors have b een li sted
as s uc h m embers and the organ izati o n has provided each person li s ted w ith an
approved mea ns of ide nti fication with the or ga ni zation represented;
(4)
(5)
(6)
AGENDA I TEM #7A
MAY23, 20 J6
Newsbo ys soli citing s ub scripti ons to a ny newspap er fbr home de li very w ithin th e city;
Route de li verymen wh o make deliveri es to regul ar customers and whose so li c itati on is
o nl y incidental to th e ir regular deliveries;
Solic ito rs o r agent s of life or other insurance compani es wh o ho ld a license issued by the
insura nce commissioner of the state; a nd
Any charitab le, religiou s, fraternal, youth , civ ic , service or other o rga ni zatio n when the
o rga ni ~nt ion makes occasional sales or engages in fundraising projects when the
proj ects at·e perfo tm ed ex clu sivel y by th e members thereof an d when the proceeds
detived from the ac ti viti es are used excl usively in tb e cha ri table, reli gious, fraternal,
youth, civ ic and serv ice activities of th e o rga nizatio n.
SECTION 2 Code Amended. That Section 20 of the Code of Ordinances, relating t o th e
Bu siness Tax R eceipts of the City of Atlantic Beach, Florida, is hereby amend ed as follows:
Sec. 2 0-53. -Hal f-year r ece ip ts.
No receipt s ha ll be i ss ued for more than one yea r. For each receipt ob tained fi·om October J
through March 3 1, the fu ll tax for o ne year sha ll b e pai d; for each rece ipt obt ain ed from April I
thro ugh September 30, one~ha l f of th e full tax sh a ll be pai d.
Sec. 2 0-54 .-Due dates and delin quen cies; penalt ies.
(a) All rece ipts sha ll be sold by the city manager or designee city clerk beg inning September
firs t of each year and sha ll be due and paya ble on or before October first of each year and
shall e x pire o n September thirtieth of th e suc ceeding year. If October fir st fa ll s on a
weekend or ho lid ay, the tax s hall be due and paya ble on or before th e first working day
foll owing October first. Those receipts not ren ewed when due a nd payable shall be
considered delinquent and subj ect to a del inquency penalty often (1 0) percent for the mon th
of October, plus an additiona l fi ve (5) percent penalty for each month of de linqu ency
thereafter unti l paid. However, the tota l del inqu e ncy penalty shall not exceed twenty-tive
(25) percent of the local bu siness tax fee for th e de linquent establislunent. lfi'eeeipt is not
~aie by JaFtuary thirty first, the eity elerk shel+-flaye city water service disooftfleeted UAtil
eusinea s tax fee pl1:1s Ele liRE}Uent eharges are paie in full.
(b) Any pe rson engaging in or managing any bu s in ess, occupati on or profession without first
obtaining a local busi ness ta x rece ipt, if required in this a11icle, shall be subj ect to a penalty
of twe nty-fiv e (25) percent of the business tax fee detennincd to be due, i n addition to the
penalty pro vided by F.S. Ch. 162; an y such bu si ne ss may be closed by th e cit y manager or
hi s designee until the business tax requirements have been met.
Sec. 20-56. -Compliance by receipt h olders.
Issuance of a local business tax receipt by the city manager or desi gnee eity cler1( sh a ll in no
way relieve th e hold er thereo f of responsibility for compliance with all provisions of this Code or
AGENDA ITEM 117A
MAY 23,2016
other city ordinances or patis thereo f hereto fore passed or which may hereafter be passed by the
city commission regu lat ing the conduct of the business.
SECTION 3. Conflict. Jf any pmtion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of thi s ordinance sha11 govem.
SECTION 4. Severabil ity. If any section, sentence, clause or phrase of thi s ordinance is
he ld to be inva lid or unconstitutiona l by any court of competet1t jutisdicti.on, then said ho lding
sha ll in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. Effective Date and Recording. This Ordinance shall take effect July 1 ~1
ifrufleffi.ately wpon its fiaal passage and adoption and shall be recorded in a book kept and
maintained by the Clerk of the City of Atlantic Beach, Duval County, F lorida.
PASSED by the City Commission on first reading this 9111 day of May 2016.
PASSED by the City Commission on second and fina l reading thi s 23 rd day of May
2016.
ATTEST:
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
BR ENNA M. DURDEN
City Attomey
MITCHELL E. REEVES
Mayor/Presid ing Officer