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O-231-C . CITY OF CLERMONT . CODE ORDINANCES No. 231-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 12 LICENSES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 12 Licenses is hereby amended as follows: SECTION I. Sec. 12-1. License tax imposed. No person shall engage in, or manage, or operate any business, profession, or occupation hereinafter set forth within the city unless an occupational license therefor shall have been procured from the city clerk of the city, which license shall be issued to each person upon receipt of the amount as provided in the schedule hereinafter set forth opposite the respective trade or profession, which license shall have the official seal of the city affixed thereto. Sec. 12-2. Qualifications of applicants. Every applicant for a city license must present a Certificate of Occupancy furnished by the Building Official to the effect that the proposed use- is not a violation of the ci ty Building or Zoning Ord- inances. No license shall be granted to any person for any activity that violates the Code of Ordinances of the City of Clermont, Florida, or any applicable state or federal statute. Sec. 12-3. Term, transfer of license. No license shall be issued for more than one year, and all licenses shall expire on September 30th of each year. The license of a business 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 license shall not be valid for a period of time exceeding the time for which it was originally issued. Sec. 12-4. Date when license tax is due; prorating tax; late penalty. All licenses shall be payable on or before the first day of October of each year unless otherwise provided by this chapter. Any person who was not liable for a license during the first half of the license year, may be issued a license during the second half of the license year upon payment of one-half of the amount fixed as the price of such license for one year. In addition to the fees imposed herein under section 12-17 there shall also be imposed the following penalties: (a) Those licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a penalty of 25 percent of the license determined to be due, in addition to any other penal- ty provided by law or ordinance. Sec. 12-5. Application for license. e CITY OF CLERMONT e CODE ORDINANCES No. 231-C Written applications for licenses may be required of any person applying for a license herein, which license application shall be in the form prescribed by the clerk and approved by council. Sec. 12-6. Exemptions from license tax; conditions. (a) Practice of religion. Nothing herein shall be construed to require a license 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 license taxes herein provided. (c) Garage sales. Garage sales held on the premises by the owner or occupant are exempt from occupational license 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. (d) Other exemptions. Exemptions from the license tax shall also be granted for cripples, invalids, aged, widows with minor dependents, and disabled veterans or their unremarried spouses as prescribed in Chapter 205 of the Florida statutes. Sec. 12-7. License shall be posted. It shall be the duty of all persons carrying ón any business, profes- sion or occupation mentioned in this chapter to keep their license or permit conspicuously posted in their place of business, or on machines or movable units. Sec. 12-8. Revocation of license. Any license or permit issued under the provIsIons of this chapter may be revoked by resolution after a public hearing before the city council when a business other than that designated in the license or permit is conducted, or where such business is conducted in violation of any citÿ ordinance or criminal law of the State of Floridå or of the United States. If a violation of the codes is found, the city code inspector shall notify the violator and give him a reasonable amount of time to correct the violation. Should the violation con- tinue beyond the time specified for correction, a public hearing on the license revocation ~ay be held before the city council. Written notice of the public hearing shall be mailed to said violator at least ten (10) days before the date of the hearing. Sec. 12-9. P~rmits in addition to license; display. Arl businesses licensed hereünderwhich operate from machines or movable units shall, in addition to obtaining a license therefor, 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. 12-10. Coin devices subject to license tax. Every person who operates for profit any machine, contrivance, or device which is set in motion or made or permitted to function by the insertion of a coin shall pay a license fee as prescribed in section 12-17 of this chapter. Sec. 12-11. Itinerant vendors or peddlers; permit required. For the purpose of this section an itinerant vendor is any person, firm, or corporation which engages in the temporary business of selling and delivering goods, merchandise or services, and which, in further- ance of such purposes leases, uses or occupies any building or property in the city for the exhibition and sale of such goods and services. The person, firm, or corporation engaged as an itinerant vendor shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily wi th any local merchant. e CITY OF CLERMONT e CODE ORDINANCES No. 231-C The word "peddler" as used herein shall include any person traveling by foot, wagon, automotive vehicle or other type of conveyance from place to place, house to house, or street to street carrying, conveying or transporting goods, wares, merchandise, fruits, services, etc. and offering or exposing the same for sale. No itinerant vendor or peddler shall offer any goods for sale, lease or trade within the City of Clermont without a permit from the city manager or his designated representative authorizing such sales, and an occupational license as prescribed in section 12-17. (a) Application for permit. An application for a permit as an itinerant vendor or peddler as defined in section 12-11 of this chap- ter shall be made to the city manager upon forms provided by the City of Clermont. Such application shall be filed with the city manager at least seven (7) days prior to the time at which the permit applied for shall become effective; provided, however, that the city manager may, for good cause shown, allow the filing of an application less than the seven (7) days herein prescribed. The application herein required shall contain the purpose for which sales are to be made; an outline of the method or methods to be used in conducting the sales; the time when such sales shall be made, giving the dates for the begin- ning and ending of such sales; a statement of the character and nature of the goods, services or articles for which the sales are being done by the applicant; and such other information as may be reasonably re- quired by the city manager in order to determine the kind and character of the proposed sales and whether such sales rae in the interest of the public welfare. (b) Standards for city manager in granting or denying applications for permits. The city manager shall issue the permit provided for in section 12-11 (a) hereof whenever he shall find the following; (I) That all of the statements made in the application are true; (2) That the applicant has a good character and reputation for honesty and integrity; (3) That the control and supervision of the itinerant vendor or peddler will be under responsible and reliable persons; (4) That the applicant has not engaged in any fraudulent tran- saction or enterprise, and that the sales will not be a fraud on the public; (5) That all other ordinances and regulations are being complied with. (c) Denial of Application. If the application does not meet the requirements enumerated in this chapter, the city manager shall deny the application. Any decision of the city manager to deny an appli- cation may be appealed to the city council. (d) Revocation of permits. Whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit has been issued under this article has violated any of the provisions hereof or that any vendor or peddler has misrepresented the purpose of the sales, the city manager shall immediately suspend the permit and give the permit holder written notice by hand delivery or by regis- tered mail of such suspension. Any revocation or suspension may be appealed to the city council. Sec. 12-12. exceptions. Amusements, shows, etc. - Subject to license tax; All circuses, carnivals, tent shows, acrobatic troupes, all forms of road shows and other similar types of entertainment and all other forms of professional histrionic entertainment performing for the public for money or other things of value, or where such entertainment be offered without charge but in connection with and as an attraction to the sale of any goods, wares or other commodity commonly known as e CITY OF CLERMONT e CODE ORDINANCES No. 231-C "patent medicines" shall be required to obtain a permit as prescribed in section 12-11 and to pay to the city a license fee as prescribed In section 12-17 of this chapter for each day they operate, exhibit or perform in the city. Such license shall be required of the above, whether the exhibition or performance shall be sponsored by or given under the auspices of any charitable, religious or other similar non- profit organization; provided, however, that the provisions of this chapter shall not apply to the performance of any strictly amateur and nonprofessional actors, performers, or musicians; provided further that such license may be waived at the discretion of council. Sec. 12-13. Same. Application for license; fee. The license as provided in section 12-12 shall be obtained from the city clerk of the city upon application for the same, for the period of time or number of days desired, which application must be accompanied by the tender of coin or currency of the United States of America in an amount equivalent to the prescribed fee per day for every day to be embraced within such permit or license. Sec. 12-14. Auto transportation companiea. Every auto transportation company, as described in Chapter 323, Flor- ida Statutes, maintaining an office ot rèceiving"and/br discharging passengers and/or f~eight within the city shall not be required to pay to the city a license tax; however any auto transportation company not otherwise exempt under said Chapter 323, Florida Statutes, shall pay to the city a license tax as required under section 12-17 hereof, which shall be paid for and procured in the manner provided in section 12-4 hereof. _ Secr 12-15. Home occupations. Every person who operates a home occupation as defined in Avticle III of Appendix A of this code (zoning) shall pay a license fee to the city equal to the highest applicable classification. If the occupation is unclassified, and if the person uses only his own capital not in excess of one thousand dollars ($1,000.00) the fee shall be five dollars ($5.00); otherwise, the unclassified fee as provided in section 12-17 shall apply. Sec. 12-16. Penalty for violation of license provisions. Any person found guilty of violating any of the provisions of this chapter shall, upon conviction, be punished pursuant to Chapter I, Section 1 - 8 of the Code of Ordinances. Sec. 12-17. Schedule of license taxes. The annual license taxes shall be paid to the city as established by resolution~ndpursuant to the requirements of Chapter 205, Florida Statutes. SECTION 2. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. 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. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon ~ts second reading and final passage. e CITY OF CLERMONT . CODE ORDINANCES No. 231-C First Reading this J.2m..cL -,,:1. tn~ day of day of .1..tl Ÿt1 Lak'l 7hfJ.lt~ Jv , 1983. , 1983. Second Reading this PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE J..;L I1ltL~F 7htJJtGh ~¡¿. ß ßø.~ C AR ES B. BEALS, Mayor COUNTY, FLORIDA, THIS , 1983. ATTEST: /'~_-J¿~~~ ~y'(J Saunders, CIty Clerk CERTIFICATE OF PUBLICATION I HERBY CERTIFY that a certified copy of the fore~ng Ordinance No. 231-C was published on the ~:trd_ day of ITIQJtr ,¡~ , 1983, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being fourteen days prior to the second reading and final adoption of the Ordinance. d )~ way~nders, City Clerk . CITY OF CLERMONT . CODE ORDINANCES No. 23l-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 12 LICENSES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 12 Licenses is hereby amended as follows: SECTION I. Sec. 12-1. License tax imposed. No person shall engage in, or manage, or operate any business, profession, or occupation hereinafter set forth within the city unless an occupational license therefor shall have been procured from the city clerk of the city, which license shall be issued to each person upon receipt of the amount as provided in the schedule hereinafter set forth opposite the respective trade or profession, which license shall have the official seal of the city affixed thereto. Sec. 12-2. Qualifications of applicants. Every applicant for a city license must present a Certificate of Occupancy furnished by the Building Official to the effect that the proposed use is not a violation of the city Building or Zoning Ord- inances. No license shall be granted to any person for any activity that violates the Code of Ordinances o~ the City of Clermont, Florida, or any applicable state or federal statute. Sec. 12-3. Term, transfer of license. No license shall be issued for more than one year, and all licenses shall expire on September 30th of each year. The license of a business may be transferred with the approval of the city clerk when there is a bona fide säle and transfer of the property used in the business. Any transferred license shall not be valid for a period of time exceeding the time for which it was originally issued. Sec. 12-4. Date when license tax is due; prorating tax; late penalty. All licenses shall be payable on or before the ftrst day of October of each year unless otherwise provided by this chapter, Any person who was not liable for a license during the first half of the license year, may be issued a license during the second half of the license year'upon payment of one-half of the amount fixed as the price of such license for one year. In addition to the fees imposed herein under section 12-17 there shall also be imposed the following penalties: (a) Those licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. . (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a penalty of 25 percent of the license determined to be due, in addition to any other penal- ty provided by law or ordinance. Sec. 12-5. Application for license. . CITY OF CLERMONT . CODE ORDINANCES No. 23l-C Written applications for licenses may be required of any person applying for a license herein, which license application shall be in the form prescribed by the clerk and approved by council. Sec. 12-6. Exemptions from license tax; conditions. (a) Practice of religion. Nothing herein shall be construed to require a license for practicing religious tenets of any kind. (b) Educational, eleemosynary institutions. Business condücted solely for the benefit of public schools, private schools, nonprofit corporations and charitable institutions shall be exempt from license taxes herein provided. (c) Garage sales. Garage sales held on the premises by the owner or occupant are exempt from occupational license 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. Cd) Other exemptions. Exemptions from the license tax shall also be granted for cripples, invalids, aged, widows with minor dependents, and disabled veterans or their unremarried spouses as prescribed in Chapter 205 of the Florida statutes. Sec. 12-7. License shall be posted. U It shall be the duty of all persons carrying on any business, profes- sion or occupation mentioned in this chapter to keep their license or permit conspicuously posted in their place of business, or on machines or movable units. Sec. 12-8. 'Revocation of license. Any license or permit issued under the proviSions of this chapter may be revoked by resolution after a public hearing before the city council when a business other than that designated in the license or permit is conducted, or where such business is conducted in violation of any citÿordinance or criminal law of the State of Floridà or of the United States. If a violation of the codes is found, the city code inspector shall notify the violator and give him a reasonable amount of time to correct the violation. Should the violation con- tinue beyond the time specified for correction, a public hearing on the license revocation ~ay be held before the city council. Written notice of the public hearing shall be mailed to said violator at least ten (10) days before the date of the hearing. Sec. 12-9. Permits in addition to license; display. All businesses licensed hereünderwhich operate from machines or movable units shall, in addition to obtaining a license therefor, 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. 12-10. Coin devices subject to license tax. Every person who operates for profit any machine, contrivance, or device which is set in motion or made or permitted to function by the insertion of a coin shall pay a license fee as prescribed in section 12-17 of this chapter. Sec. 12-11. Itinerant vendors or peddlers; p~rmit required. For the purpose of this section an itinerant vendor is any person, firm, or corporation which engages in the temporary business of selling and delivering goods, merchandise or services, and which, in further- ance of such purposes leases, uses or occupies any building or property in the city for the exhibition and sale of such goods and services. The person, firm, or corporation engaged as an itinerant vendor shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temparaiíly with any local merchant. . CITY OF CLERMONT . CODE ORDINANCES No. 23l-C The word "peddler" as used herein shall include any person traveling by foot, wagon, automotive vehicle or other type of conveyance from place to place, house to house, or street to street carrying, conveying or transporting goods, wares, merchandise, fruits, services, etc. and offering or exposing the same for sale. No itinerant vendor or peddler shall offer any goods for sale, lease or trade within the City of Clermont without a permit from the city manager or his designated representative authorizing such sales, and an occupational license as prescribed in section 12-17. (a) Application for permit. An application for a permit as an itinerant vendor or peddler as defined in section 12-11 of this chap- ter shall be made to the city manager upon forms provided by the Ci ty of Clermont. Such application shall be filed with the city manager at least seven (7) days prior to the time at which the permit applied for shall become effective; provided,' however, that the city manager may, for good cause shown, allow the filing of an application less than the seven (7) days herein prescribed. The application herein requirèdshall contain the purpose for which sales are to be made; an outline of the method or methods:to',be used in conducting the sales; the time when such sales shall be made, giving the dates for the begin- ning and ending of such sales; a statement of the character and nature of the goods, services or articles for which the sales are being done by the applicant; and such other information as may be reasonably re- quired by the city manager in order to determine the kind and character of the proposed sales and whether such sales rae in the interest of the public welfare. (b) Standards for city manager in granting or denying applications for permits. The city manager shall' issue the permit provided for in section 12-11 (a) hereof whenever he shall find the following; (1) That all of the statements made in the application are true; (2) That the applicant has a good character and reputation for honesty and integrity; (3) That the control and supervision of the itinerant vendor or peddler will be under responsible and reliable persons; (4) That the applicant has not engaged in any fraudulent tran- saction'or enterprise, and that the sales will not be a fraud on the public; (5) That all other ordinances and regulations are being complied with. (c) Denial of Application. If the application does not meet the requirements enumerated in this chapter, the city manager shall deny the application. Any decision of the city managèr to deny an appli- cation may be appealed to the city council. (d) Revocation of permits. Whenever it shall be shown or whenever the city manager has knowledge that any person to whom a permit has been issued ùnder this article has violated any of the provisions hereof or that any vendor or peddler has misrepresented the purpose of the sales, the city manager shall immediately suspend the permit and give the permit holder written notice by hand delivery or by regis- tered mail of such suspension. Any revocation or suspension may be appealed to the city council. Sec. 12-12. exceptions. Amusements, shows, etc. - Subject to license tax; All circuses, carnivals, tent shows, acrobatic troupes, all forms of road shows and other similar types of entertainment and all other forms of professional histrionic entertainment performing for the public for money or~other things of value, or where such entertainment be offered without charge but in connection with and as an attraction to the sale of any goods, wares or other commodity commonly known as . CITY OF CLERMONT . CODE ORDINANCES No. 23l-C "patent medicines" shall be required to obtain a permit as prescribed in section 12-11 and to pay ~o the city a license fee as prescribed in section 12-17 of this chapter for each day they operate, exhibit or perform in the city. Such license shall be requiT-ed'of the above, whether the exhibitiòn or performance shall be sponsored by or given under the aúspices of any charitable, religious or other similar non- profit organization; provided, however, that the provisions of this chapter shall not apply to the performance of any strictly amateur and nonprofessional actors, performers, or musicians; provided further that such license may be waived at the discretion of council. Sec. l2-l3. Same. Application for license; fee. The license as provided in section 12-12 shall be obtained from the city clerk of the city upon application for the same, for the period of time or number of days desired, which application must be accompanied by the tender of coin or currency of the United States of America in an amount equivalent to the prescribed fee per day for every day to be embraced within such permit or license. Sec. 12-14. Auto transportation companies. Every auto transportation company, as described in Chapter 323, Flor- ida Statutes, maintaining an office ot~~éceiving'and!br~discha~ging- passengers and/or freight within the city shall not be required to pay to the city a license tax; however any auto transportation company not otherwise exempt under said Chapter 323, Florida Statutes, shall pay to the city a lice~se tax as required under section 12-17 hereof, which shall be paid ~or and procured in the manner provided in section 12-4 hereof. Sect~12-l5. Home occupations. . Every person who operates a home occupation as defined in Avticle III of Appendix A of this code (zoning) shall pay a license fee to the city equal to the highest applicable classification. If the occupation is unclassified, and if the person uses only his own capital not in excess of one thousand dollars ($1,000.00) the fee shall be five dollars ($5.00); otherwise, the unclassified fee as provided in section 12-17 shall apply. Sec. 12-16. Penalty for violation of license provisions. Any person found guilty of violating any of the provisions of this chapter shall, upon conviction, be punished pursuant to Chapter I, Section 1 - 8 of the Code of Ordinances. Sec. 12-17. Schedule of license taxes. The annual license taxes shall be paid to the èity as established by resolution an'd pursuant to the requirements of Chapter 205, Florida Statutes. SECTI ON 2. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. 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 sháll apply. SECTION 4. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. . CITY OF CLERMONT . CODE ORDINANCES No. 231-C First Reading this Second Reading this :J. :l m..cL cl2 IncV day of day of ,-1.J iYuLn:ut 1Î7tl/t,. .Iv 1983. 1983. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS J.~l1lcLD ÏiJ~, 1983. J3. I3Þ4 t1. BEALS, Mayor ATTEST: / ~""'-J~-</~~ ~~ Saunders~éîtÿ Clerk CERTIFICATE OF PUBLICATION I HERBY CERTIFY that a certified copy of the fore~~ng Ordinance No. 23l-C was published on the ~:tr<:L day of 1 TUlltr),¡" , 1983, in a newspaper of general circulation located within th~ City of Clermont, as required by Florida Statutes l66.04l (3) (a), said date of publication being fourteen days prior to the second reading and final adoption of the Ordinance. W~~;d~k