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2010-12-C r f CITY OF CLERMONT ORDINANCE No. 2010 -12 -C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, • AMENDING THE CODE OF ORDINANCES, CHAPTER 58 TAXATION, ARTICLE IV LOCAL BUSINESS TAX, SECTION 58 -118 OPENING BUSINESS WITHOUT A BUSINESS TAX RECEIPT; PENALTY, SURCHARGE AND APPLICABALE DELINQUENT CHARGES; SECTION 58 -122 APPLICATION FOR BUSINESS TAX RECEIPT; SECTION 58 -127 PERMITS IN ADDITION TO BUSINESS TAX RECEIPT; DISPLAY; SECTION 58 -128 COIN DEVICES SUBJECT TO TAX; SECTION 58 -130 SCHEDULE OF LOCAL BUSINESS TAXES; SECTION 58 -131 BUSINESSES REQUIRED TO FURNISH INFORMATION; PROVIDING FOR CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on September 7, 2010 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to amend Chapter 58 Taxation, Article IV Local Business Tax, Section 58 -118 Opening business without a Business Tax Receipt; penalty, surcharge and applicable delinquent charges; Section 58 -122 Application for Business Tax Receipt; Section 58 -127 Permits in addition to Business Tax Receipt; display; Section 58 -128 Coin devices subject to tax; Section 58 -130 Schedule of Local Business Taxes; Section 58 -131 Businesses required to furnish information; of the City of Clermont's Code of Ordinances; and NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Clermont, Lake County Florida as follows: SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. 1 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C SECTION 2. The City of Clermont Code of Ordinances is hereby amended to read as follows: Chapter 58 TAXATION ARTICLE IV. LOCAL BUSINESS TAX Sec. 58 -116. Required. Sec. 58 -117. Determination of liability to pay. Sec. 58 -118. Opening business without Business Tax Receipt; penalty, surcharge and applicable delinquent charges. Sec. 58 -119. Qualifications of applicants. Sec. 58 -120. Term; transfer of Local Business Tax Receipt. Sec. 58 -121. Due date of tax; proration; late penalties. Sec. 58 -122. Application for Business Tax Receipt. Sec. 58 -123. Garage sales exempted. Sec. 58 -124. Exemptions from local business taxes generally; conditions. Sec. 58 -125. Local Business Tax Receipt shall be posted. Sec. 58 -126. Reserved. Sec. 58 -127. Permits in addition to Business Tax Receipt; display. Sec. 58 -128. Coin devices subject to tax. Sec. 58 -129. Home occupations. Sec. 58 -130. Schedule of Local Business Taxes. Sec. 58 -131. Businesses required to furnish information. Secs. 58- 132 -58 -150. Reserved. Sec. 58 -116. Required. No person shall engage in any business, profession, occupation, trade, amusement or industry within the City without first having procured a Local Business Tax Receipt from the City Clerk, which receipt shall be issued to each person on payment of the amount provided for in section 58 -130, and after any such qualifications, licenses, permits or requirements have been met in accordance with federal, state and local regulations. Sec. 58 -117. Determination of liability to pay. Any sign, advertisement, building occupancy of commercial property, directory listing or activity indicating that a business, calling, profession or occupation is being conducted at a location within the City shall be prima facie evidence that the person is liable for the payment of a Local Business Tax. 2 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C Sec. 58 -118. Opening business without Business Tax Receipt; penalty, surcharge and applicable delinquent charges. Anyone found to have opened a new business without first obtaining a Local Business Tax Receipt shall be assessed a penalty of 25 percent of the regular tax, plus a surcharge of $100.00. This shall be in addition to any delinquent charges that may be applicable. Sec. 58-119. Qualifications of applicants. Every applicant for payment of the Local Business Tax must present a Certificate of Occupancy furnished by the Planning and Zoning Department to the effect that the proposed use is not a violation of the city building or zoning regulations. No Local Business Tax Receipt shall be provided to any person for any activity that violates this Code or any applicable state or federal statute. Sec. 58 -120. Term; transfer of Local Business Tax Receipt. (a) The Local Business Tax provided hereunder shall be valid for one year, and shall be renewed on September 30 of each year. (b) The Local Business Tax Receipt may be transferred with the approval of the City Clerk when there is a bona fide sale and transfer of the property used in the business. Any transferred receipt shall not be valid for a period of time exceeding the time for which it was originally issued. (c) The receipt transfer fee shall be ten percent of the annual Local Business Tax, but cannot be less than or exceed an amount established by Resolution of the City Council and on file in the City Clerk's office. Sec. 58 -121. Due date of tax; proration; late penalties All Local Business Taxes shall be payable on or before September 30 of each year unless otherwise provided by this article. If September 30 falls on a weekend or holiday, the tax shall be due and payable on or before the next working day following September 30. Any person who was not liable for a Local Business Tax during the first half of the tax year may be issued a receipt during the second half of the tax year upon payment of one -half of the amount fixed as the price of such tax for one year. In addition to the taxes imposed under section 58 -130, there shall also be imposed the following penalties: (1) Those Local Business Taxes not paid by October 1 shall be considered delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each month of delinquency thereafter until paid; however, the total delinquency penalty shall not exceed 25 percent of the local business tax fee for the delinquent establishment. 3 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C (2) Any person engaging in or managing any business, occupation or profession without first paying the Local Business Tax, if required under this article, shall be subject to a penalty as provided in section 58 -118. (3) Any person who engages in any business, occupation or profession covered by this article, who does not pay the required Local Business Tax within 150 days after the initial notice of tax due, and who does not obtain the required Local Business Tax Receipt, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Sec. 58 -122. Application for Business Tax Receipt. (a) Written application may be required of any person upon payment under this article, which Local Business Tax application shall be in the form prescribed by the City Clerk and approved by the Council. (b) If any application to pay the Local Business Tax or renewal thereof does not contain all the required information necessary for a determination of the amount of the Local Business Tax to be imposed on the applying business, the City Clerk shall have the option either to withhold issuance of the Local Business Tax Receipt or renewal entirely, or to issue the receipt or renewal at the highest rate which could, under all known facts and circumstances, be applied to the business. Sec. 58 -123. Garage sales exempted. Garage sales held on the premises by the owner or occupant is exempt from Local Business Tax requirements when no more than two sales are held in any year. Each garage sale period may not exceed two consecutive days or 48 hours in duration. Sec. 58 -124. Exemptions from Local Business Taxes generally; conditions. (a) Practice of religion. Nothing in this article shall be construed to require a Local Business Tax for practicing religious tenets of any kind. (b) Educational, eleemosynary institutions. Business conducted solely for the benefit of public schools, private schools, nonprofit corporations and charitable institutions shall be exempt from taxes provided in this article. (c) Other exemptions. Exemptions from the tax shall also be granted as required in F.S. § 205.063 et seq. • • 4 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C Sec. 58 -125. Local Business Tax Receipt shall be posted. It shall be the duty of all persons carrying on any business, profession or occupation mentioned in this article to keep their Local Business Tax Receipt conspicuously posted in their place of business, or on machines or movable units. Sec. 58-126. Reserved. Sec. 58 -127. Permits in addition to Business Tax Receipt; display. All businesses required to pay the Local Business Tax under this article which operate from machines or movable units shall, in addition to obtaining a receipt therefore, have issued at the same time a permit for each separate machine or movable unit, which permit must be displayed on the machine or unit for which it is issued. Sec. 58-128. Coin devices subject to tax. (a) Every person who operates for profit any coin operated machine, with the exception of the following types of machines, shall pay a Local Business Tax as prescribed in section 58 -130: (1) Machines which dispense United States postage stamps, newspapers or unadulterated state - produced citrus juices. (2) Vending machines dispensing any product which are sponsored by nonprofit organizations. (b) The number of machines charged is the highest number of machines that were in place at the location on any single day in the previous Business Tax Receipt year. (c) The initial receipt will be sent to the owner of the machines. If by October 31 of each year the tax on the individual machines is not paid, the City will send a notice to that location business notifying them that the machine's tax is unpaid, and should they wish to retain the services of such machines, they are responsible to pay the appropriate tax and penalties. Sec. 58 -129. Home occupations. Every person who operates a home occupation shall pay a Local Business Tax to the City equal to the highest applicable classification. If the occupation is unclassified, the unclassified tax as provided in section 58 -130 shall apply. 5 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C Sec. 58 -130. Schedule of Local Business Taxes. (a) Local Business Taxes identified as tax categories A through H are as follows: Number of Category Workers A B C D E F G H 1 -10 $25.00 $40.00 $45.00 $50.00 $60.00 $80.00 $100.00 $200.00 11 -20 $40.00 $55.00 $60.00 $65.00 $75.00 $95.00 $115.00 $215.00 21 30 $55.00 $70.00 $5.00 $80.00 $90.00 $110.00 $130.00 $230.00 • 31 and over $70.00 $85.00 $90.00 $95.00 $105.00 $125.00 $145.00 $245.00 (b) For purposes of this article, the number of workers shall be determined as follows: (1) A worker shall be any person who works for the occupation, trade or business in some capacity for the benefit of the business; and (2) The number of workers shall be the daily average number of workers during the last 12 months. If not in business for 12 months, the applicant will state the daily average number of workers during the longest period of time the business was conducted. In the case of a new business, the applicant may state the anticipated number of workers. (c) The following schedule of taxes shall be paid to the City by persons engaging in occupations, professions, trades and businesses. The tax is an annual tax, except as otherwise stated. Classification Tax Category Classification Tax Category Accounting firm (per certified public accountant) $50.00 Architectural firm (per architect) $50.00 Auctioneers $30.00 per day, or $100.00 Automobile services Dealers (new or used) with repair shop and /or filling station F Dealers (new or used) D Auto transportation D Other automobile services B Banks, loan and finance companies G Brokerage firm, including investment, mortgage, real estate and any other $50.00 6 • CITY OF CLERMONT ORDINANCE No. 2010 -12 -C (per broker) Citrus packing or processing E Coin - operated machines Distributor $50.00 Game machines $15.00 /machine Trade machines (dispenses a tangible product such as, but not limited to $15.00 /machine prizes, gum, candy, drink or snacks) Music machines $15.00 /machine Service machines (dispenses an intangible product such as, but not $15.00 /machine limited to, air or vacuum, and does not include laundry or dry cleaners) Contractors, general (per contractor) $50.00 Contractors, specialty (per contractor) $50.00 Doctor's office, including dentists, chiropractors, osteopaths, opticians, $50.00 optometrists, and any other doctor not specifically mentioned (per doctor) Engineering firm (per engineer) $50.00 Exterminators D Fruit and vegetable dealers B Funeral home B Insurance agency, all types (per insurance agent) $40.00 Insurance company, all types $80.00 Junk dealers B Law firm (per attorney) $50.00 Living rentals, hotels, motels, duplexes, boardinghouses, nursing homes, convalescent homes, furnished rooms, (dining rooms without restaurant Business Tax Receipt not permitted) Two rooms or more $3.00 /room Two apartments or more $6.00 /apartment Locksmith A Manufacturing, assembling or packaging . D Newspaper publishers E Pawnbrokers G Personal services such as, but not limited to: beauty shops, barbershops, B tailor or dressmaking shops, advertising, bookkeeping, income tax consultants, shoe repair shops, music, dancing, photographic studios, laundries, dry cleaners, landscaping services, repair shops and handyman services Radio /TV broadcast stations D 7 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C Recreation facilities such as, but not limited to, theaters, including drive -ins, C carnivals or tent shows, bowling alleys, skating and roller rinks, billiard halls, miniature golf courses, driving ranges, tourist attractions Restaurants, including drive -ins C Retail business. Any retail business or service, including the servicing of B products sold on the premises Schools, kindergartens, day care centers, etc. A Solicitors B Utilities H Wholesale enterprises and establishments engaged in warehousing, with or D without retail sales, such as, but not limited to lumberyards, building material yards, electrical and plumbing supplies, residential storage warehouses -Yard services A Unclassified. All firms, corporations or persons doing business in the city or B having agents or representatives established here and not specifically enumerated in this subsection (d) When more than one classified business is operated by one person and within the boundaries of one establishment or place of business, then the tax provided for in this section shall be required for only the higher classification; provided that the minimum tax is $40.00 and; further, provided that, this subsection does not apply to the operation of coin- operated devices, the sale of alcoholic beverages or professional practices. Sec. 58 -131. Businesses required to furnish information. (a) Not more often than annually, the City Clerk may send a questionnaire to each business requesting such information as the nature and type of business being carried on and the number of workers or professionals employed by the business, in order to permit accurate computation of the tax due from each business at the time of renewal. (b) Any business which fails to return the questionnaire by the deadline prescribed in it, which returns an incomplete questionnaire, or which does not receive the questionnaire due to failure to notify the City Clerk of a change in address shall, in the discretion of the City Clerk, be denied a renewal or shall be sent a renewal notice at the rate charged to the Business Tax Receipt applicant in the prior year, and, in addition, the Business Tax Receipt applicant shall be charged a penalty for failing to provide information, which shall be equal to 100 percent of the tax for the business for that year. 8 • • CITY OF CLERMONT ORDINANCE No. 2010 -12 -C SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this ordinance shall be effective as provided by law. 9 CITY OF CLERMONT ORDINANCE No. 2010 -12 -C PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28 day of September, 2010. �1I k�r 1 ,14.„ 1it kokit � 5g# w., � . eft@ tFEe;'d ry CITY OF CLERMONT t 1 , s. t.� +Y jiT4D�x!P I, 4E da orPikl t tt t a k o-. p +' �� {f%� { f� 4/1r is Ay ask }+ ii 4 �IrsG ; �I � arold S. Turville, Jr., Mayor 4 TATTFST � rir • Tracy Ac royd, City Clerk( • 10