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O-410-79 ORDINANCE NO. 410-79 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, AND REPEALING ORD. NO. 365. 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, occupation or profession without first having paid the amount of license tax required here- by and without first having obtained a Village occupational license therefor issued for and applying to the current occupational license vear, or fractional part thereof, during which such business, occupation or profession is commenced, carried on or engaged in. Such occupational license shall be applied for and obtained before the coinmencement of anv such business, occupation or profession, and annually thereafter on or before October lst 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 appli- cation therefor, signed by an officer, partner or owner of the proposed business, occupation or profession, shall be filed with the Village Clerk, upon forms prescribed by him. The Village Clerk may waive the requirement of a written application in ali 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 vear of the licensee next preceding the start of the hcense 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 misrepresentation 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 :Eh6' *thir'- tieth dav of September of each year. No license shall be issued for more than one vear. -1- 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 pzovided 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 provided 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 transferred as to ownership with the approval of the Village Clerk, SECTION 14. REPLACINC 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" wherever used in this ordinance shall mean either an individual, firm, partership, corporation, association, executor, administrator, trustee or other legal entity whether singular or plural, masculine or feminine. SECTION 17. ZONING AND BUILDING RECULATIONS. 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. -2- SECTION 19. SCHEDULE OF LICENSE TAXES. The various b'usinesses, 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: (A) AMUSEMENTS MOTION PICTURE THEATRE (permitting incidental retail sale of candy and popcorn on premises) . For each seat in any theatre . . . . . . . 33c 332. 00 PUBLIC PERFORMANCES, EXHIBITIONS AND ENTER- TAINMENT, INCLUDING DOG RACING: Any presentation to the public, for profit, of theatrical plays or dramatic works, musical entertainment, 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 67. 00 (B) LIVING ACCOMMODATIONS LIVING ACCOMMODATIONS Apartment houses, hotels and motels - renting furnished or unfurnished: 1 to 10 rooms . . . . . . . . . . . . . . . . . . . 20. 00 11 to 25 rooms . . . . . . . . . . . . . . . . . . 50. 00 For each additional room over 25. . 1. 33 "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: 1 to 5 inclusive . . . . . . . . . . . . . . . 50. 00 6 to 15 inclusive . . . . . . . . . . . . . . 100. 00 Over 15 . . . . . . . . . . . . . . . . . . . . . . . . 133. 00 (D) MERCHANTS AND DEALERS ARMS (Including pistols, rifles, shot guns and firearms) 50. 00 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 . . . . . . . . . 133. 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. . . . . . . . . . 67. 00 -3- MERCHANTS AND DEALERS Continued GARAGE (Permitting keeping, storing, servicing and repairing of automobiles or other motor driven vehicles, including 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 . . . 67. 00 GASOLINE STATION (Permitting the retail s4le 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 performance 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 lk ton capacity or more) : Alone or in connection with any other business: For not exceeding four (4) gasoline pumps. . . . 50. 00 For each additional gasoline pump over 4 pumps . . . 3. 33 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 with- out merchant's license) where average stock carried is as follows: Not exceeding 200 M. ft. B.M. 100. 00 More than 200 M ft. , not exceeding ,500 M. ft. B.M. . . . 200. 00 More than 500 M ft. B.M.. . . . . . . . 266. 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 . . . 50. 00 and, for each additional seat over 25 . . . . 30 PRINTING AND/or PUBLISHING establishment. . 50. 00 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. . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 Over $5,000-per each additional $1,000 or major fraction thereof . . . . . . . . . 1. 33 -4- (E) PROFESSIONAL The following practitioners are classed as Pro- fessional and each person engaged in the practice of any such profession is required to take out a professional license as follows: ACCOUNTANT, AUDITOR OR TAX CONSULTANT . . . . . . 50 . 00 ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . 50.00 All other Professional classifications including: ARCHITECT, CHIROPODIST, CHIROPRACTOR, DENTAL HYGIENIST, DENTIST, ELECTROLYSIST, ENGINEER, MASSEUR, MUSIC TEACHER, NATUROPATH, OPTOMETRIST, OSTEOPATH, PHYSICIAN, PODIATRIST, SURGEON, SURVEYOR, VETERINARIAN . . . . . . . . . 50. 00 Any person licensed by the State under Florida Basic Science law for practice of the healing art. .50. 00 (F) SERVICE ESTABLISHMENTS ABSTRACT AND TITLE COMPANY . . . . . . . . . . . . . . . . o . . 50.00 ADDRESSING, MAILING, OR DUPLICATING SERVICE. o . 50.00 ADMINISTRATIVE OFFICE (Wheye iranufacture and delivery of products and inventory is located entirely outside of the Village) . . . 50. 00 ADVERTISING - agency . . . . . . . . . . . . . . oo . . . . .. . . . 50oOO ARTIST - COMMERCIAL . . . . . . . . . . . . . . o . . . . . . . . . 50. 00 AUCTIONEER - 0 . . . . . 00 . . . . . . . . . . . . . . 0 . . . . . . . 332. 00 And for each sale of goods, wares, mer- chandise of real estate . . . . . . . . . . . . . . . . . 50. 00 BANKS & SAVINGS & LOAN . . . . . . . . . . . . . . . . . . . o . . . 50. 00 BARBER SHOP . . . . . . . . . . . . . . . . . oo . . . . . . . . . . . 50. 00 BATHS - TURKIST OR MINERAL OR MASSEURIS Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 BEAUTY SHOP . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . 50. 00 BOOKKEEPING SERVICE . . . . . . . . . . . . o . . . . . . . . . . . . 50. 00 BROKER OR AGENT - Mercantile . . . . . . o . . . . . o . . . 50oOO BROKER OR AGENT - Mortgages and Loans . . . . . . . . 50. 00 BUSINESS OFFICE - General (for any business establishment not specifically covered herein) . . . . . . . . . . . . . . . . . . . . . . o . . . o . . . 50. 00 CATERING (Where shop is located in the Village) . . 50. 00 COLLECTION AGENCY o . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 DETECTIVE AGENCY (Including all types of private investigative work) Permitting two investigators or detectives. .133. 00 For each investigator or detective over two, an additional 13. 00 DRESSMAKING (Does not permit stock without merchant' s license) . . . . . . . . . . . . . . . . . . . . 13 . 00 -5- SERVICE ESTABLISHMENTS Continued ELECTRIC LIGHT & POWER CO. . . . . . . . . . . . . . . . . . . . . . . . . . . . 332. 00 EMPLOYMENT AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . 50. 00 EXPRESS COMPANY (having place of business in Village) . .133 . 00 EXTERMINATING SERVICE (having place in Village) . . . . . . . 50. 00 FOR-HIRE CARS (see taxi) GAS COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . 332. 00 IMPORTING - Administrative Office and/or representative.50. 00 INSURANCE COMPANY (each insurance company or association operating a company office in the Village . . . . . . . 50. 00 And for each agent operating from company office in the Village) . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . o . 3 .33 INSURANCE ADJUSTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 INSURANCE AGENCY — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 Eachsolicitor . . . . . . . . . . . . . . o . . . . . . . o . . . . . . . . . . . . 3.33 INVESTMENT COUNSELLOR (Not a dealer in securities) . . . . 50. 00 INVESTMENTS AND SECURITIES DEALER (where the dealer offers facilities to the general public for dis- semination of market information and quotations by use of a quotation board, projection of ticker tape or similar means) . . . . . . . o . . . . . . . . . . . . . . . . . . 133 . 00 LABORATORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . 50. 00 LAUNDRY - Plants (where work is done on premises . . . . . 133. 00 AGENCY (where no work is done on premises, includes laundromats but not self-service) . . . . . . . . . . . . . . . . . . 50. 00 LOAN AGENCY (not small loan company or pawn broker) . . . . 50. 00 PATROL AGENCY (having a place of business in Village) Permitting one patrolman or agent . . . . . . . . . . . . . . . 50. 00 And for each additional patrolman or agent . . . . . . 6. 65 PAWNBROKER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . .332. 00 PHOTOGRAPHER (permits blue printing and photostating) . . 50. 00 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. . . . . . . . 50. 00 Where only one teacher . . . . . . . . . . . . . . . . . . . . . . . .20. 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 . . . 53. 00 For each increment of two or less teachers . . . . . . . 53. 00 PUBLIC STENOGRAPHER/COURT REPORTER . . . . . . . . . . . . . . . . . . . . 20. 00 RADIO and/or TV BROADCASTING STATION . . . . . . . . . . . . . . . . . o133. 00 -6- SERVICE ESTABLISHMENTS Continued REAL ESTATE Brokeror Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 Each salesman connected therewith . . . . . . . . . . . 3. 33 REDUCING SALON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. 00 RENTAL CARS Each operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133. 00 And for each vehicle used . . . . . . . . . . . . . . . . . . . 13. 00 SHOE REPAIR SHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o 50. 00 SMALL LOAN COMPANY (Including all companies or agencies licensed by State of Florida as small loan businesses) . . . . . . . . . o . . . . . . . . . . . . 100- 00 TAILOR 50. 00 TAXIDERMIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50oOO TAXIS - FOR HIRE CARS Taxis - Operator . . . . . . . . . . . . . . . . . . o . . . . . . . . . 33 . 00 And for each vehicle . . . . . . . . . . . . . . . . . . . . — 13. 00 TELEPHONE COMPANY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133. 00 TRAVEL BUREAU - TICKET OFFICE . . . . . . . . . . . . o o . 50. 00 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 con- sideration . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . 50oOO 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. 365 and other ordinances in conflict or inconsistent herewith are hereby repealed, in so far as there is conflict. PASSED ON FIRST READING AUGUST 21, 1979. PASSED AND ADOPTED ON 4th da of September 1979. ATTEST: /006 Village Clerk -7-