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HomeMy Public PortalAboutOrdinance 1893 Chapter 18 Businesses AmendmentsCLERK'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF OKALOOSA ) ss CITY OF CRESTVIEW ) I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1893 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 22nd day of August 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 25th day of August 2022. (SEAL) MGrya Schrader MMC, MA .•' pF CREsrli''• cp EAL cc 1•••„/ZED PQ,�'. 0..••x•4% City Clerk City of Crestview Okaloosa County, Florida • • • • s • • ORDINANCE: 1893 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CHAPTER 18 — BUSINESSES - OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City is authorized and empowered to adopt and enforce ordinances and codes, not inconsistent with state law that are necessary to regulate businesses and collect business taxes; and WHEREAS, the City has been determined that the current Chapter 18 — Businesses, should be improved to provide for the levying of business taxes in a way that is more concise, more consistent with current and best practices; and WHEREAS, the City has also been determined that it is beneficial to the general public to provide for various supplemental standards for specific types of businesses; BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: CHAPTER 18 — BUSINESSES is hereby amended as attached to this ordinance (Attachment 1). SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and The City of Crestview Land Development Code. SECTION 2 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 3 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August 2022. Approved by meal 7 nd day of August 2022. �ntd.�'ew �erNc:c Mayo/ o _ C e vv‘ ATTEST: Mary City Clerk Chapter 18 - BUSINESSES ARTIC E i IN GENERAL Sccs.18 1 18 25. Reserved. ARTICLE °,1.00C RATIONAL i ICENSES I. BUSINESS TAX RECEIPTS Sec. 18-124. -_Required Generally. The license business taxes as set forth in this article and categorized in the comprehensive fee schedule are business, profetion or occupation within the city. Such occupational icense tax is levied on: those persons referenced in F.S. Ch. 205, with those persons as well as any other applicable person being subject to the terms, conditions and provisions of this article. 3)Any person who does not qualify under the provisions of subsection (1) r subsection (2) and who 18 27. Term; transfer. A I icenses issued under this article shall expire on September 30 of each year. No license shall be issued for more than one year. For each license obtained between October 1 and Apri 1, the fu I tax for one year shall be Sec. 18-2. - Dates due and delinquent; penalties. Regulations regarding the issuance of business tax receipts, due dates, delinquencies, and applicable penalties shall be the same as F.S. Ch. 205. (a) In all cases where the amount required to be paid for a license depends upon the amount of capital capital, or value of such stoc<, goods or other property, and such other proof, including insurance carried. As a by the city clerk, either before or after the license is issued, inventories last taken, or stock books, to show the ,h , ed 4 c business {b) The city clerk may refuse to issue the license until such time as such statement is filed and such inspection I Formatted: Different first page header Formatted: Left L Formatted: Different first page header { Formatted: Indent: Left: 0", First line: 0" occupational license, if required under this article, shall be subject to a penalty of 25 percent of the license {c) Any person who engages in any business, occupation, or profession covered by this chapter of the code, who not obtain the required occupational license is subject to criminal actions and penalties, including court a penalty of up to the amount set in the comprehensive fee schedule. business without a license under this article. Sec. 18-63.6. - Rebate of fees. No portion of any occupati nal license business tax assessed in this article shall be rebated unless it clearly appears that such license tax was collected by mistake or error. Before making such rebate to a licensee, all accounts payable under a proper license business shall be paid by such licenscebusiness. Sec. 18-73-. - Disposition of funds. All revenue derived from license business taxes imposed by this article shall be paid into the general fund of the city. c,... 18 ao Exem ation allowed elicabled p the a ea nd wido.yc with m dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person fact that it is issued under this section, and the reason for the exemption shall be written thereon. Sec. 18-8. - Exemptions. All persons, organizations, or entities specified as exempt in F.S. Ch. 205, are hereby exempt from the provisions of this chapter to the extent provided in F.S. Ch. 205. {a) It is hereby made the duty of the city c erk to appoint a license inspector of the city. b) The license inspector shall have the authority to investigate all businesses, occupations and professions in Formatted: Space Before: 0 pt report to the city clerk the resu t thereof along with the recommendations of the chief of police as to the granting or refusal of the license applied for. Sec. 18_17 Dererverl Editor's note(s Ord. No. 1781 , § 2, adopted August 10, 2020, rep algid § 18 47, which pertained to trade, gift or merchandise stamps and derived rom the C de of 1983, § 10 21. Soc 10_14 General ntractor held r cible For r.,Mcen*r licence A general contractor who operates as prime contractor on any project within the city shall be he d responsib e to assure that any subcontractor who performs a subcontract under his general contract has in his posees..ion a valid occupational license issued by the city for the performance of such subcontracting. {a) b) {c) Operators of truc<s or moving vehicles from which vegetables and farm and grove products, not raised and produced by the owner of the true <, arc offered for sale at wholesale in the city shal be required to pay an occupational license tax as set in the comprehensive ee schedule, un ca.. otherwise specified, and to register each truc< with the police department bef re receiving free f charge an identification stic<cr t be attached to such truck or moving vehicle. Operators of trucks or moving vehicles from which goods, wares and merchandise (except vegetables or farm and grove products) arc offered for sale at wh esale in the city shal be required t pay an occupational icense tax as set forth in this artic c and to register ach truck with the po ice department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. Operators of truc<s or moving vehicles rendering services for which a charge is made, such as sharpening knives, repairing, towel or linen service, etc., in the city, shall be required to pay an occupational license tax as set forth in this article and to register with the police department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. Operators of truc<s and moving vehicles from which vegetables and farm and grove products, raised and produced by the owner of the truck, arc offered for sale at wholesale or retail in the city sha I be required to produce a growers' certificate of the state in which the farm or grove is ocatcd and register the description of the vehic c and the name and address of the owner with the police department, and upon doing so shall be entitled to secure free of charge an identifying stic<er to be attached to such true <or moving vehicle. Secs 18 5-1came Certain trucl,r a ehicler ter nitation a epartment a al All trucks or moving vehicles sel ing dairy products, bakery products, meat products, farm or grove products, or any other items intended for human consumption shall be inspected and approved by the city sanitation officer prior to issuance of an identifying sticker by the police department. Such inspection by the sanitation officer shall be made ther after as often as is required to protect the health and welfare f the residents of the city. Sec. 18 95.2. — 1 rcencer cu :ect to th,c article No license shall be issued or granted to any applicant to engage in the business of selling or disposing of merchandise of any kind, at retail or wholesale, or the practice or pursuit of any profession or occupation in the city, except upon the terms and conditions and subject to the pr visions of this artic e. license annually from the office of the city cler<. The type of license shall be an unclassified license see section 18 53) and as a precedent to issuance of the license must provide the city clerk, or designee, a copy of the Florida DEP to be used for a C and D andfill and a copy of the C and D permit issued by the administrative services department f the city. License renewals require authorization of the same administrative steps enumerated in this section. Sec. 18-12. — Unlicensed Investigators. All private detectives or criminal investigators not licensed by the city are required to register with the police department before conducting any operation within the corporate limits of the city.: Sec. 18-13. — Mobile Food Dispensing Vehicles. (a) For the purposes of this section, a mobile food dispensing vehicle (MFDV) is defined as any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. (b) The owner or operator of an MFDV shall obtain any applicable State or County licenses, permits, or registrations, with such licenses, permits or registrations being provided with application for business tax receipt, and displayed in plain view on or in the vehicle. (c) The owner or operator of an MFDV shall obtain a city business tax receipt, with such receipt being displayed in plain view on or in the vehicle. (d) The owner or operator of an MFDV shall obtain written permission from any property owner where operation occurs. Such written permission must be kept in the vehicle for inspection, if necessary. (e) In any case, MFDVs shall not: (1) Operate on any public property, unless in accordance with a permitted special event. (2) Operate on any private property that is not zoned for commercial use. (31 Operate on any private property that is vacant, unimproved, or undeveloped. (4) Operate on any property where code uncorrected violations exist. (5) Connect to any external utilities. (6) Operate between 10 p.m. and 7 a.m. unless in accordance with a permitted special event. (7) Dispense alcohol, unless in accordance with a permitted special event. (8) Dispense food to customers in a moving vehicle or engage in drive -up sales. 19) Create or cause nuisance factors, including, but not limited to: (i) flashing or animated lights or visual glare (ii) amplified music or sound, or other loud noises (iii) excessive fumes, smoke, or other environmental hazards (iv) vehicular or pedestrian hazards 110) Discharge or unload from the vehicle any waste substances such as fat, oil, or grease. All such substances shall be taken from the vehicle when it leaves the subject property. (ii) amplified music or sound, or other loud noises (iii) excessive fumes, smoke, or other environmental hazards (iv) vehicular or pedestrian hazards (8) Discharge or unload from the vehicle any waste substances such as fat, oil, or grease. All such substances shall be taken from the vehicle when it leaves the subject property. (9) Violate any ordinances regarding solid waste disposal. 110) Park within any vehicular or pedestrian travel way. (11) Encumber parking spaces on a site required for the principal use. 1121 Obstruct any fire lanes, fire hydrants, drainage systems or landscape buffers. (13) Obstruct visibility from any adjacent driveways or street intersections. (14) Include external dining areas unless in accordance with a permitted special event. (15) Be allowed any signage except that which is permanently affixed to the vehicle. Sec. 18-15. — Temporary Vendors. (a) For the purposes of this section, a temporary vendor is defined as any person, business or other entity that conducts temporary retail sales or displays and that are not a MFDV or SFDV and are not otherwise exempt by Florida Statutes. (b) Only temporary vendors who maintain a local branch or office within the City of Crestview are required to obtain a city business tax receipt. (c) Temporary vendors shall be held to the applicable rules, regulations, and permitting requirements within the • City of Crestview Land Development Code, City of Crestview Engineering Standards Manual, Florida Building Code, and any life -safety codes, as applicable. Sec. 18-16. — Solicitors. (a) For the purposes of this section, a solicitor is defined as any person who "asks for" or "tries to obtain" money, information or help by approaching someone or someone's home, place of business, or the like, for monetary gain, sales, or donation. (b) Any solicitors operating within the City of Crestview must obtain any applicable State or County licenses, permits, or registrations. (c) Solicitors who maintain a local branch or office within the City of Crestview shall obtain a city business tax receipt. (d) Restrictions on solicitors and solicitation: (1) Solicitors shall only operate on weekdays between 9:00 a.m. and official sunset as established by the US Naval Observatory, or 7:00 p.m., whichever is earlier. 12) Soliciting shall be prohibited on Saturdays and Sundays, New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day,. Christmas Eve, and Christmas Day. (3) When soliciting in residential areas, solicitors shall use only the front door to the dwelling and shall not solicit at any other location. (4) Soliciting shall be prohibited on public property and the private property of any private lot, individual apartment unit or commercial establishment that displays a "no soliciting" sign anywhere on the private property. IFormatted: List 1 (5) "No soliciting" signs placed at the entrance to a platted subdivision or apartment complex by the property owner or respective Homeowner's Association shall prohibit solicitation within the platted subdivision or apartment complex. Sec. 18-178. — Garage Sales. (a) For the purposes of this section, garage sales shall be defined as any public display or offer for sale or free to the public, one or more items of personal property by persons residing on the premises upon which the sale is being conducted. The term "garage sales" includes sales commonly referred to as patio sales, driveway sales, yard sales, porch sales, and other such sales. b) Conduct of garage sales, as defined in this section, does not require a business tax receipt (b) Restrictions on garage sales: (1) Garage sales shall take place on a temporary basis of no more than three consecutive days per sale, except that garage sales may take place for four consecutive days if one of the four days is a federal holiday. (2) Garage sales shall only operate between official sunrise and sunset as established by the US Naval Observatory. Secs. 18 59 18 75. Reserved. in this section, except where the context cl arly indicates a different meaning: preparation of such plant or its seed or resin. thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Medical cannabis activities means, without imitation, the growing, cultivation, processing, manufacturing, products, or any subset of such activities, or any related activities. Formatted: Indent: Left: 0.33", Hanging: 0.33" iimsclf, or for any other person.