O-365-72 ORDINANCE NO. 365
AN ORDINANCE TO BE KNOWN AS THE OCCUPA-
TIONAL LICENSE ORDINANCE OF MIAMI SHORES
VILLAGE, FIXING LICENSE FEES FOR VARIOUS
BUSINESSES, OCCUPATIONS AND PROFESSIONS,
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA:
SECTION 1. LICENSE REQUIRED. No person shall, within
the limits of Miami Shores Village, engage in or manage any business, occu-
pation or profession without first having paid the amount of license tax required
hereby and without first having obtained a Village occupational license therefor
issued for and applying to the current occupational license year, or fractional
part thereof, during which such business, occupation or profession is com-
menced, carried on or engaged in. Such occupational license shall be applied
for and obtained before the commencement of any such business, occupation
or profession, and annually thereafter on or before October Ist of each year
as long as such business, occupation or profession is carried on.
SECTION 2. APPLICATION FOR LICENSE. Prior to the
issuance of any occupational license a written application therefor, signed by
an officer, partner or owner of the proposed business, occupation or pro-
fession, shall be filed with the Village Clerk, upon forms prescribed by him.
The Village Clerk may waive the requirement of a written application in all
cases of renewals of existing licenses, but shall require, before issuing any
renewal license, the furnishing of all necessary information pertinent to the
establishment of the proper license tax or fee for such license.
SECTION 3. VALUE OF STOCK CARRIED. The value of
stock carried shall be the cost value of all stock in trade and merchandise on
hand as of the close of the fiscal year of the licensee next preceding the start
of the license period in question. Where the license is not a renewal license
or the licensee has not completed one fiscal year, then the value of stock
carried shall be the cost value of all stock in trade and merchandise on hand
as of the date of commencement of business.
SECTION 4. FALSE STATEMENTS IN APPLICATION. Any
license obtained under the provisions of this ordinance upon a misrepresenta-
tion of a material fact shall be deemed null and void, and the licensee who
has thereafter engaged in any business under such license shall be subject to
prosecution for doing business without a license.
SECTION 5. DETERMINATION OF CLASSIFICATION. In the
event of a disagreement between applicant and the Village on the question of
proper classification of any business, occupation or profession, the Village
Clerk shall decide the proper classification, with the right, in the applicant,
to appeal from such decision to the Village Council.
SECTION 6. TERM AND DURATION OF LICENSE. Except
as otherwise provided, licenses shall expire on the thirtieth day of Septem-
ber of each year. No license shall be issued for more than one year.
SECTION 7. LICENSE FOR FRACTIONAL PART OF ONE YEAR.
Unless otherwise provided for, each license obtained between October first
and April first the full tax for one year shall be paid, and for each license
obtained from April first to September thirtieth, one-half the full tax for one
year shall be paid.
SECTION 8. LICENSE TO APPLY TO ONE PLACE OF BUSINESS.
All licenses provided for herein shall be issued for and apply to only one
location or place of business.
SECTION 9. EXEMPTIONS. Exemption from the payment
of the license tax set forth herein shall be allowed in such cases as are pro-
vided for in this ordinance in accordance with the exemptions provided for
by the laws of Dade County.
SECTION 10. BILLS OR NOTICES FOR LICENSE TAX.
It is hereby declared to be unnecessary for the Village to send out bills or
notices to persons engaged in business in the Village with respect to the
payment or non-payment of license taxes.
SECTION 11. POSTING OF LICENSE. Every license shall
be posted in a conspicuous place in the place of business for which it is
issued and the holder of such license shall exhibit same to any inspector or
Police Officer upon being requested so to do.
SECTION 12. TRANSFER OF LICENSE, LOCATION.
Licenses may be transferred from one location to another, provided:
(a) that the licenses are presented to the Village Clerk for the approval of
such transfer.
SECTION 13. TRANSFER OF LICENSE, CHANGE OF
OWNERSHIP. Licenses issued by the Village may be trans-
ferred as to ownership with the approval of the Village Clerk.
SECTION 14. REPLACING LOST OR DESTROYED LICENSES.
The Village Clerk is hereby authorized and empowered to cause to be
executed and delivered an appropriate duplicate license certificate or receipt,
upon evidence that the original certificate or receipt was mutilated, destroyed
or lost.
SECTION 15. REVOCATION. The license of any person for
the operation of any business may be revoked by the Council at any time,
upon notice and hearing, for violation of any ordinance of the Village or law
of the County pertaining to licensing such business, provided, however, that
this section shall not affect the power of the municipal court to revoke
certain licenses where such revocation is specifically provided for by ordinance.
SECTION 16. "PERSON" DEFINED. The word "person" wher-
ever used in this ordinance shall mean either an individual, firm, partnership,
corporation, association, executor, administrator, trustee or other legal
entity, whether singular or plural, masculine or feminine.
SECTION 17. ZONING AND BUILDING REGULATIONS. No
license shall be issued hereunder for any business, occupation or profession
until the location of such business shall have first been approved by the
Building Dept. of the Village as to its compliance with zoning and other
regulatory ordinances of the Village.
SECTION 18. PEDDLING OR DOOR-TO-DOOR SOLICITING.
The sale of goods, wares and merchandise by any person or persons as a
peddler or solicitor is permitted only under the conditions provided by
Ordinance No. 206. The sale of the natural products of the soil by the farmer
by whom they are raised is not considered to be peddling.
SECTION 19. SCHEDULE OF LICENSE TAXES The various
businesses, occupations and professions within the Village are hereby
classified for the purpose of this ordinance, and assessments of license taxes
therefor are hereby fixed, as follows:
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(A) -AMUSEMENTS
MOTION PICTURE THEATRE (permitting incidental retail sale of
candy and popcorn on premises).
For each seat in any theatre . . . . . . . . . . . . . 25� 250. 00
PUBLIC PERFORMANCES, EXHIBITIONS AND ENTER-
TAINMENT, INCLUDING DOG RACING: Any
presentation to the public, for profit, of theatrical
plays or dramatic works, musical entertain-
ment, magic shows, dog races and exhibitions
or contests, where the performance is not
given in a locally licensed theatre or private or public
school (and excluding entertainments given
for charitable or benevolent purposes).
For each day during which any performance or
performances are given or presented 50. 00
(B) LIVING ACCOMMODATIONS
LIVING ACCOMMODATIONS
Apartment houses, hotels and motels - renting furnished
or unfurnished:
I to 10 rooms . . . . . . . . . . . . . . . . . . 15. 00
11 to 25 rooms . . . . . . . . . . . . . . . . . . . . 37. 50
For each additional room over 25 . . . . 1. 00
"Rooms'' shall not include lobbies, outer screened
porches, bathrooms or closets.
(C) MANUFACTURING
MANUFACTURER (Includes assembling materials or the
combination of different materials into finished
products; except manufacture of alcoholic
beverages and intoxicating liquors)
Where average number of employees during period
of operation in preceding 12 months was:
I to 5 inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
6 to 15 inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . 75. 00
Over 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 00
(D) MERCHANTS AND DEALERS
ARMS (Including pistols, rifles, shot guns and firearms) 37. 50
AUTOMOTIVE DEALER (Permitting agency for sale of new
automobiles, aeroplanes or other motor driven
vehicles, sale of second hand vehicles taken in
exchange on sale of new vehicles, and vehicle accessories):
Alone, or in connection with any other business 100. 00
BAKERY (Permitting the manufacturing of bakery products
customarily sold in a bake shop at retail only and
includes other items of food stuffs sold in
delicatessens or bakeries . . . . . . . . . . . . . . . . . . . 50. 00
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MERCHANTS AND DEALERS Continued
GARAGE (Permitting keeping, storing, servicing and repairing
of automobiles or other motor driven vehicles, includ-
ing sale of gasoline, motor oils, repair parts, etc.
and auto painting, but not including sale of new or
used vehicles):
Alone or in connection with any other business . . . . . . . 50. 00
GASOLINE STATION (Permitting the retail sale and direct
delivery to motor vehicles of gasoline, lubricating oil,
and minor motor vehicle accessories, but not including
the keeping of any vehicles for rental or the perform-
ance of any auto body work, welding, painting or other
than emergency repairs on any motor vehicle' and not
including any repair work on buses or on trucks of I- I /Z
ton capacity or more):
Alone or in connection with any other business:
For not exceeding four (4) gasoline pumps . . . . . . . . . . . 37. 50
For each additional gasoline pump over 4 pumps . . . . 2. 50
LUMBER - operating a lumber yard including mill work
(Permitted to handle lumber, lath and shingles) alone
or in connection with any other business (does not
permit stock of paints, oils, sash, doors, blinds or
any other merchandise without merchant's license)
where average stock carried is as follows:
Not exceeding 200 M ft. B. M. . . . . . . . . . . . . . . . . . . 75. 00
More than 200 M ft. , not exceeding 500 M ft. B. M. 150. 00
More than 500 M ft. B. M. . . . . . . . . . . . . . . . . . . . . . . . 200. 00
RESTAURANT (Including soda fountains, cafes lunch counters,
cafeterias, dining rooms, tea rooms and all other
establishments where food is sold for consumption on
the premises; permits sale of cigars, tobacco and
candy without additional license):
Alone or in connection with any other business,
with chairs and stools, each to count the same
as follows:
Minimum fee, covering first 25 seats . . . . . . . . . . . . . . . . . 37. 50
and, for each additional seat over 25 . . . . . . . . . . . . . . . . 1 25
PRINTING and/or PUBLISHING establishment . . . . . . . . . . . . . . . . 37. 50
GENERAL MERCHANT (Permitting retail or wholesale sale of
merchandise and tangible personal property of all
kinds, including food for consumption off the premises,
except those businesses or occupations otherwise
specifically licensed herein; permitting rental and
repair of merchandise, and manufacture of products
sold at retail only):
Alone or in connection with any other business:
Up to and including $5, 000 of value of stock carried. 37. 50
Over $5, 000 - per each additional $1, 000 or
major fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 00
(E) PROFESSIONAL
The following practitioners are classed as Professional
and each person engaged in the practice of any such
profession is required to take out a professional license
as follows:
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PROFESSIONAL Continued
ACCOUNTANT, AUDITOR OR TAX CONSULTANT . . . . . . . 15. 00
ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 00
All other Professional classifications including:
ARCHITECT, CHIROPODIST, CHIROPRACTOR,
DENTAL HYGIENIST, DENTIST, ELECTROLYSIST,
ENGINEER, MASSEUR, MUSIC TEACHER, NATUROPATH,
OPTOMETRIST, OSTEOPATH, PHYSICIAN, PODIATRIST,
SURGEON, SURVEYOR, VETERINARIAN . . . . . . . . . . . . 37. 50
Any person licensed by the State under Florida Basic Science
law for practice of the healing art . . . . . . . . . . . . . . . . . . . 37. 50
(F) SERVICE ESTABLISHMENTS
ABSTRACT and TITLE COMPANY . . . . . . . . . . . . . . . . .. . . . . . . 37. 50
ADDRESSING, MAILING, OR DUPLICATING SERVICE . . . . . . . . 37. 50
ADMINISTRATIVE OFFICE (Where manufacture and delivery
of products and inventory is located entirely outside of
the Village) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
ADVERTISING - agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
ARTIST - COMMERCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
AUCTIONEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250. 00
And for each sale of goods, wares, merchandise
ofreal estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
BARBER SHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
BATHS - TURKIST OR MINERAL OR MASSEUR 'S establishment 37. 50
BEAUTYSHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
BOOKKEEPING SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
BROKER OR AGENT - Mercantile . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
BROKER OR AGENT - Mortgages and Loans . . . . . . . . . . . . . . . . . 37. 50
BUSINESS OFFICE - General (for any business establishment not
specifically covered herein) . . . . . . . . . . . . . . . . . . . 37, 50
CATERING (where shop is located in the Village) . . . . . . . . . . . . . . 37. 50
COLLECTION AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
DETECTIVE AGENCY (Including all types of private investigative
work)
Permitting two investigators or detectives . . . . . . . . . . . . . 100. 00
For each investigator or detective over two, an additional 10. 00
DRESSMAKING (Does not permit stock without merchant's license). . . 10. 00
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SERVICE ESTABLISHMENTS Continued
ELECTRIC LIGHT & POWER CO. . . . . . . . . . . . . . . . . . . . . . . . . 250. 00
EMPLOYMENT AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
EXPRESS COMPANY (having place of business in Village) . . . . . . . 100. 00
EXTERMINATING SERVICE (having place in Village) . . . . . . . . . . 37. 50
FOR-HIRE CARS (see taxi)
GAS COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250. 00
IMPORTING - Administrative office and/or representative . . . . . 37. 50
INSURANCE COMPANY (each insurance company or association
operating a company office in the Village). . . . . . . . . . . . 37. 50
And for each agent operating from company office
in the Village . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 50
INSURANCE ADJUSTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
INSURANCE AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
Each solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 50
INVESTMENT COUNSELLOR (Not a dealer in securities) . . . . . . 37. 50
INVESTMENTS AND SECURITIES DEALER (where the dealer . . . . 50. 00
offers facilities to the general public for dissemination
of market information and quotations by use of a
quotation board, projection of ticker tape or similar
means). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 00
LABORATORY . . . . . . . . I o . . . . . . . . . I . . . . 1 0 . . . I . . . . I . . . . . . 37. 50
LAUNDRY- Plants(where work is done on premises) . . . . . . . . 100. 00
Agency (where no work is done on premises, includes
laundromats but not self-service) . . . . . . . . . . . . . . . . . 37. 50
LOAN AGENCY (not small loan company or pawn broker) . . . . 37. 50
PATROL AGENCY (having a place of business in Village)
Permitting one patrolman or agent . . . . . . . . . . . . . . . . . 37. 50
And for each additional patrolman or agent . . . . . . . . . . 5. 00
PAWNBROKER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250. 00
PHOTOGRAPHER (permits blue printing and photostating ). . . . . . 37. 50
PRIVATE SCHOOL (Schools, colleges or any other educational
or training services, studies or institutions
operated for profit)
For each school where more than one teacher . . . . . . . 37. 50
Where only one teacher . . . . . . . . . . . . . . . . . . . . . . . . . 15. 00
PRIVATE SCHOOL LEASING TEMPORARY FACILITIES
(Whether or not operated for profit, limited to five
consecutive one-year licenses)
For each school having no more than 2 teachers 40. 00
For each increment of two or less teachers . . . . . . . . . 40. 00
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SERVICE ESTABLISHMENTS Continued
PUBLIC STENOGRAPHER/COURT REPORTER . . . . . . . . . . . . . . . . . 15. 00
RADIO and/or TV BROADCASTING STATION . . . . . . . . . . . . . . . . . . . . 100. 00
REAL ESTATE
Broker or Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
Each salesman connected therewith . . . . . . . . . . . . . . . . . . . . . 2. 50
REDUCING SALON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
RENTAL CARS
Eachoperator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 00
And for each vehicle used . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 00
SHOE REPAIR SHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
SMALL LOAN COMPANY (Including all companies or agencies
licensed by State of Florida as small loan businesses). 75. 00
TAILOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
TAXIDERMIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
TAXIS - FOR HIRE CARS
Taxis - Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25. 00
And for each vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 00
TELEPHONE COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 00
TRAVEL BUREAU �- TICKET OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . 37. 50
GENERAL SERVICE ESTABLISHMENT
Each person engaged in any other business not specifically
listed herein whereby services are performed for the
public in return for a consideration . . . . . . . . . . . . . . . . . . . . 37. 50
SECTION 20. PENALTIES. Any person convicted for violating
any of the terms of this ordinance shall, upon conviction thereof in a municipal
court of Miami Shores Village, be sentenced to pay a fine not exceeding the
sum of Five Hundred Dollars ($500. 00) or serve a term not to exceed sixty
days in jail, or both such fine and sentence, in the discretion of the Court.
SECTION 21. VALIDITY. If any part of the within ordinance is
held to be unconstitutional or otherwise invalid, such event shall not affect
the remainder, but the same shall be enforced according to its provisions.
SECTION 22. REPEALING CLAUSE. Ordinance No. 281 and
all other ordinances in conflict or inconsistent herewith are hereby repealed,
in so far as there is conflict.
SECTION 23. EFFECTIVE DATE. This ordinance was passed
and adopted on first reading pursuant to the provisions of Ch. 72-306, Laws
of Florida, 1972. It will be adopted on final reading on September 5, 1972.
Only those persons who come within the terms and meaning of Sections 205. 042
and 205. 043 of said Chapter are subject to the terms and provisions hereof.
PASSED and ADOPTED on first reading this 18th day of July, 1972.
Mayor
ATTEST:
Village Clerk
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