Ordinance No. 45-16-22v 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.
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.
WHEREAS, the City Commission now fmds that it is in the best interest of the City to
transfer the responsibility of managing Solicitors and Business Tax Receipts from the City Clerk
to the City Manager or his designee and therefore desires to amend Section 18 of Chapter 18 and
Section 20 of Chapter 20, Article III, of the Atlantic Beach Code of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1 Code Amended. That Section 18 of the Code of Ordinances, related to
solicitations in the City of Atlantic Beach Florida is hereby amended as follows:
Sec. 18-2. - Permit; registration and fingerprinting required.
Each and every solicitor, before entering into or upon a residential premises within the city
for the purpose of soliciting, shall register with the city manager or designee, obtain a permit,
and furnish the city manager or designee with the following:
(1)
The name, local and permanent addresses, age, race, weight, height, color of hair and eyes
and any other distinguishing physical characteristics of the applicant;
(2)
The nature or purpose for which solicitations will be made and the nature of the goods,
wares or merchandise offered for sale;
(3)
The name and address of the employer or organization represented, if any;
(4)
A statement as to whether the applicant has been convicted of any felony or misdemeanor
and, if so, the nature of the offense, when and where convicted and the penalty or
punishment assessed therefor;
(5)
A complete set of fmgerprints taken by the chief of police or his designee; and
(6)
Authorization for a criminal background investigation.
Sec. 18-3.-Fees.
A fee of thirty-five dollars ($35.00) to cover the cost of investigation of the applicant and
processing of the application shall be paid to the city manager or designee when the application
is filed and shall not be returnable under any circumstances. In addition to the aforementioned
fee, each solicitor shall be required to pay for a solicitor's permit as provided in section 20-59 of
the City Code.
Sec. 18-4. - Regulations and prohibitions.
(a)
While engaged in soliciting in or upon residential premises, each solicitor shall carry and
prominently display the permit issued by the city manager or designee which shall contain
the name, address and telephone number of the solicitor, as well as the name of the person
or organization for whose benefit or on whose behalf the solicitor is acting.
(b)
No solicitor shall in any way unlawfully obstruct, delay or interfere with the free
movements of any person against that person's will or seek to coerce or physically disturb
any other person.
(c)
No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic
within the city.
(d)
No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9:00
a.m.
(e)
No solicitor shall solicit, except under the conditions permitted, if permit required, by
section 18-2.
(f)
It shall be unlawful to solicit at, nor enter upon, any premises within the city where a "No
Solicitation" sign is posted in accordance with the provisions of this subchapter, unless
otherwise invited onto the premises for that purpose.
(g)
It is unlawful for any person in connection with the planning, conduct or execution of any
solicitation to:
(1)
Make misrepresentations or misleading statements to the effect that any other person or
organization sponsors or endorses such solicitation, approves of its purpose, or is
connected therewith, when that person or organization has not given written consent to
the use of its name.
(2)
Represent that the contribution is for or on behalf of an organization or sponsor or to
use any emblem, device or printed matter belonging to or associated with an
organization or sponsor, without first being authorized in writing to do so by the
organization or sponsor.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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 manner
constitutes an endorsement or approval by the state.
(8)
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.
(9)
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.
(10)
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.
(11)
Employ in any solicitation any device, scheme or artifice to defraud or to obtain a
contribution by means of any deception, false pretense, misrepresentation or false
promise.
(12)
Notify any other person by any means, as part of an advertising scheme or plan, that
the other person has won a prize, received an award or has been selected or is eligible
to receive anything of value if the other person is required to purchase goods or
services, pay any money to participate in or submit to a promotion effort.
(13)
Fail to provide complete and timely payment of the proceeds from a solicitation
campaign to a charitable organization or sponsor organization.
(14)
Fail to apply contributions in a manner substantially consistent with the solicitation.
(15)
Fail to identify his professional relationship to the person for whom the solicitation is
being made.
Sec. 18-6. - Inspection of books and records.
Upon request of the city manager or designee, the holder of a permit shall make available
for inspection, by any agent of the city, all books, records and papers pertaining to the registered
solicitation at any reasonable time while the permit is in effect or after it has expired.
Sec. 18-7. - Revocation.
The city manager or designee shall revoke any permit issued under this article if he or she
finds that the permittee has given false information or has knowingly withheld information in
obtaining same or upon violation of any portion of this chapter.
Sec. 18-8. -Exceptions.
The provisions of subsections 18-2(4), (5), and (6), and section 18-3 shall not apply to:
(1)
Any person who visits any residence or apartment at the request or invitation of the owner
or occupant thereof;
(2)
Unpaid members of any civic or charitable organization who are registered as such with
the city manager or designee and the names of the solicitors have been listed as such
members and the organization has provided each person listed with an approved means
of identification with the organization represented;
(3)
Newsboys soliciting subscriptions to any newspaper for home delivery within the city;
(4)
Route deliverymen who make deliveries to regular customers and whose solicitation is
only incidental to their regular deliveries;
(5)
Solicitors or agents of life or other insurance companies who hold a license issued by the
insurance commissioner of the state; and
(6)
Any charitable, religious, fraternal, youth, civic, service or other organization when the
organization makes occasional sales or engages in fundraising projects when the
projects are performed exclusively by the members thereof and when the proceeds
derived from the activities are used exclusively in the charitable, religious, fraternal,
youth, civic and service activities of the organization.
SECTION 2 Code Amended. That Section 20 of the Code of Ordinances, relating to the
Business Tax Receipts of the City of Atlantic Beach,Florida,is hereby amended as follows:
Sec. 20-53.—Half-year receipts.
No receipt shall be issued for more than one year. For each receipt obtained from October 1
through March 31, the full tax for one year shall be paid; for each receipt obtained from April 1
through September 30, one-half of the full tax shall be paid.
Sec.20-54. -Due dates and delinquencies; penalties.
(a) All receipts shall be sold by the city manager or designee beginning September first of each
year and shall be due and payable on or before October first of each year and shall expire on
September thirtieth of the succeeding year. If October first falls on a weekend or holiday,the
tax shall be due and payable on or before the first working day following October first.
Those receipts not renewed when due and payable shall be considered delinquent and
subject to a delinquency penalty often (10) percent for the month of October, plus an
additional five (5) percent penalty for each month of delinquency thereafter until paid.
However,the total delinquency penalty shall not exceed twenty-five(25)percent of the local
business tax fee for the delinquent establishment. (b) Any person engaging in or managing
any business, occupation or profession without first obtaining a local business tax receipt, if
required in this article, shall be subject to a penalty of twenty-five (25) percent of the
business tax fee determined to be due, in addition to the penalty provided by F.S. Ch. 162;
any such business may be closed by the city manager or his designee until the business tax
requirements have been met.
Sec.20-56.-Compliance by receipt holders.
Issuance of a local business tax receipt by the city manager or designee shall in no way
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 commission regulating the conduct of the business.
SECTION 3. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance,then the provisions of this ordinance shall govern.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall 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 1st
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County, Florida.
PASSED by the City Commission on first reading this 9th day of May 2016.
PASSED by the City Commission on second and fmal reading this 23rd day of May
2016.
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
Q LLE ./ .
BRENNA M. DIVD
City Attorney
MITCHELL E. REEVES
Mayor/Presiding Officer