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O-587-96 ORDINANCE NO. 587-96 AN ORDINANCE OF MIAMI SHORES VILLAGE,FLORIDA,AMENDING SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO LICENSE TAXES; ESTABLISHING NEW CATEGORIES FOR BLOOD PRESSURE AND/OR OTHER MEDICAL MACHINES; COPIER MACHINES; PHARMACIES, PHOTOFINISI-IING,AND ALCOHOLIC BEVERAGE BUSINESS ESTABLISHMENTS OPERATING WITHIN A RETAIL STORE; DRY CLEANING ESTABLISHMENTS; TELEPHONE AND UTILITY COMPANIES; INCREASING LICENSE TAXES ON LICENSE TAXES PREVIOUSLY CONTAINED WITHIN THE SCHEDULE OF LICENSE TAXES; PROVIDING FOR PENALTIES,PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE,FLORIDA: SECTION 1. Portions of Section 14-33 of the Code of Ordinances of Miami Shores Village, Florida,reads as follows: (a) Amusements: Dog Racing,per racing day 50.00 Game Machines, electronic or mechanical,not more than 2 at any 1 location, each machine 30.00 Public Performances, exhibitions and entertainment. Any presentation to the public,for profit, of theatrical plays or dramatic works,musical entertainment, magic shows dog exhibitions or contests,where the performance is not given in a locally licensed theater 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 100.00 (b) The renting of living accommodations: Apartment Houses,Hotels and Motels, renting ftu-nished or unfurnished: Hotels and Motels: 1 to 10 rooms 30.00 11 to 25 rooms 75.00 Apartments: For I to 4 rental units 100.00 For each additional I to 4 rental units 25.00 "Rooms" shall not include lobbies, outer screened porches, bathrooms or closets. All other dwelling units, including single-family dwelling units 35.00 1 (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 75.00 6 to 15 inclusive 150.00 Over 15 200.00 (d) Merchants and dealers: Arms (including pistols, rifles, shot guns and firearms). 75.00 Automobile Dealer(permitting agency for sale of new automobiles, aeroplanes or other motor-driven vehicles, sale of secondhand vehicles taken in exchange on sale of new vehicles, and vehicle accessories): Alone or in connection with any other business 200.00 Bakery (permitting the manufacturing of bakery products customarily sold in a bake shop at retail only and includes other kinds of foodstuffs sold in delicatessens or bakeries) 100.00 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 100.00 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 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 1 1/2 ton capacity or more): Alone or in connection with any other business 225.00 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 in this section; permitting rental and repair of merchandise,and manufacture of products sold at retail only): 2 Alone or in connection with any other business: Up to and including$5,000.00 of value of stock carried 82.50 Over$5,000.00,per each additional $1,000.00 or major fraction thereof 2.20 Lumber, operating a lumberyard including millwork(permitted to handle lumber, laths 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. 150.00 More than 200 M ft.,not exceeding 500 M ft. B.M. 300.00 More than 500 M ft. B.M. 400.00 Restaurant(including soda fountains, cafes, lunch counters, cafeterias, dining rooms,tearooms, and all other establishments where food is sold for consumption on the premises;permits sales 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 75.00 For each additional seat over 25 .50 Printing and/or Publishing Establishment 75.00 (e) Professional: The following practitioners are classed as "Professionals" 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 90.00 Attorney 90.00 All other Professional classifications, including; Architect, Chiropodist, Chiropractor, Dental Hygienist,Dentist, Electrolysist,Engineer, Music Teacher,Naturopath, Optometrist, Osteopath, Physician,Podiatrist, Surgeon, Surveyor,Veterinarian 90.00 Any person licensed by the State under Florida Basic Science Law for practice of the healing arts 90.00 For Hire Cars- See Taxi Gas Company 375.00 Importing, administrative office and/or representative 90.00 Insurance Agency 90.00 Each Solicitor 5.00 Insurance Adjuster 90.00 3 I Insurance Company (each insurance company or association operating a company office in the Village) 90.00 For each insurance company that transacts business or engages in any interstate commerce, if such license tax is not prohibited by Section 8,Article I of the U.S. Constitution 90.00 For each agent operating from company offices located within the Village 5.00 Investment Counsellor(Not a dealer in securities) 90.00 Investment and Securities Dealer 90.00 Where the dealer 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 200.00 Laboratory, Clinical and Laundry Agency where no work is done on premises, and laundromats 90.00 Laundry: Plants (Where work is done on premises) 200.00 Agency (Where no work is done on premises, includes laundromats 90.00 Service Establishments: Abstract and Title Company 90.00 Addressing,Mailing or Duplicating Service 90.00 Administrative Office(Where manufacture and delivery of products and inventory is located entirely outside of the Village) 90.00 Advertising Agency 90.00 Artist, Commercial 90.00 Auctioneer 500.00 For each sale of goods,wares,merchandise, or real estate 90.00 Banks, Savings & Loan Associations and Similar Enterprises 90.00 Barbershop 90.00 Beauty Shop 90.00 Bookkeeping Service 90.00 Broker or Agent,Mercantile 90.00 4 Business Office, General (for any business establishment not specifically covered in this section 90.00 Catering(where shop is located in Village) 90.00 Collection Agency 90.00 Detective Agency(including all types of private investigative work): Permitting 2 investigators or detectives 200.00 For each investigator or detective over 2, an additional 20.00 Dressmaking(Does not permit stock without Merchant!s License 20.00 Electric Light& Power Company 375.00 Employment Agency 90.00 Express Company (having place of business in the Village) 200.00 Exterminating Service(having place of business in the Village) 80.00 General Service Establishment. Each person engaged in any other business not specifically listed in this section whereby services are performed for the public in return for a consideration 90.00 Loan Agency(not small loan company or pawnbroker) 90.00 Pawnbroker 375.00 Photographer(permits blueprinting and photostating) 90.00 Private School(Schools, Colleges,or any other educational or training services, studies or institutions operated for profit): For each School with more than 1 teacher 90.00 With only I teacher 30.00 Private School Leasing Temporary Facilities(whether or not operated for profit, limited to 5 consecutive I year licenses): For each school having no more than 2 teachers 90.00 For each increment of 2 or less teachers 90.00 Public Stenographer/Court Reporter 30.00 Real Estate Broker or Agent 90.00 Each Salesperson connected therewith 5.00 Reducing Salon 90.00 5 Shoe Repair Shop 90.00 Small Loan Company(including all companies or agencies licensed by the State of Florida as small loan business) 150.00 Tailor 90.00 Travel Bureau/Ticket Office 90.00 (g) The business of commercial picture origination of television or films, including both motion and still pictures: Still Pictures,per license period 50.00 All Others,per license period 100.00 All Licenses issued in this category shall be subject to the following: 1) Licenses shall be issued to the property owner or resident of the property where the film activity is to take place. 2) Each License shall be for a period not to exceed three(3) consecutive days. 3) No License shall be issued for activities on Saturday, Sunday, or legal holidays, as defined by Florida Statutes. 4) No Licensed activity, including erection or dismantling of equipment, shall be conducted during the period commencing one hour after sunset and ending at 7:00 A.M. nor shall same be conducted for a period of more than three(3) consecutive days. 5) No location shall be Licensed for commercial picture origination of television or films, including both motion and still pictures,more than four(4)times during a twelve month period except as noted below. Eight(8) additional still picture filmings involving no more than ten(10)people and no more then three (3)four- wheeled vehicles may be Licensed in each twelve month period. This will allow a maximum of twelve(12) filming Licenses at a single location in a twelve month period. There shall be a minimum period of thirty(30)days of inactivity following the expiration of each License. All Licenses shall be exhibited upon request of the Village Police or Building&Zoning Department. 6) The restrictions hereinabove set forth may be waived by the Village Manager when said waiver is deemed in the best interest of the Village, such waiver to be reasonable and reported to the Village Council at its next regular meeting. 7) All applications for licenses in this category shall be accompanied by the following: a. Written license or approval issued by the film and television coordinator of Dade County, Florida. b. An insurance policy issued by an insurance company licensed to do business in the State of Florida with minimum limits for public liability in the amount of three hundred thousand dollars($300,000.00) and naming Miami Shores Village, Inc. as an insured party. Under exceptional circumstances the Village Manager may require higher limits when he deems it to be in the best interests of the Village. C. Written agreement to employ off-duty police for traffic and pedestrian control, as determined to be required by the Miami Shores Police Department. 6 (h) For each Vending Machine,wherever situated 25.00 (i) In addition to the fees set forth above, each initial application for a license shall require an additional payment of ten dollars($10.00). Section 2. Section 14-33 of the Miami Shores Village Code of Ordinances shall stand amended to read as follows: (a) Amusements: Dog Racing,per racing day 52.50 Game Machines, electronic or mechanical, not more than 2 at any I location, each machine 31.50 Public Performances, exhibitions and entertainment. Any presentation to the public,for profit,of theatrical plays or dramatic works,musical entertainment,magic shows dog exhibitions or contests,where the performance is not given in a locally licensed theater 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 105.00 (b) The renting of living accommodations: Apartment Houses,Hotels and Motels,renting famished or unfurnished: Hotels and Motels: I to 10 rooms 31.50 11 to 25 rooms 78.75 Apartments: For I to 4 rental units 105.00 For each additional I to 4 rental units 2625 "Rooms" shall not include lobbies,outer screened porches, bathrooms or closets. All other dwelling units,including single-family dwelling units 36 75 (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 78.75 6 to 15 inclusive 157.50 Over 15 210.00 (d) Merchants and dealers: Alcoholic Beverage Business Establishment(I!ermitting 125.00 stand alone business or within retail store) Arms (including pistols,rifles, shot guns and firearms). 78.75 7 Automobile Dealer(permitting agency for sale of new automobiles, aeroplanes or other motor-driven vehicles, sale of secondhand vehicles taken in exchange on sale of new vehicles, and vehicle accessories): Alone or in connection with any other business 210.00 Bakery (permitting the manufacturing of bakery products customarily sold in a bake shop at retail only and includes other kinds of foodstuffs sold in delicatessens or bakeries) 105.00 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 105.00 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 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 1 1/2 ton capacity or more): Alone or in connection with any other business 23625 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 in this section; 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$5,000.00 of value of stock carried 8660 Over$5,000.00,per each additional $1,000.00 or major fraction thereof 2.30 Lumber, operating a lumberyard including millwork(permitted to handle lumber, laths 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. 157.50 More than 200 M ft.,not exceeding 500 M ft. B.M. 315.00 More than 500 M ft. B.M. 420.00 8 Restaurant(including soda fountains, cafes, lunch counters, cafeterias, dining rooms,tearooms, and all other establishments where food is sold for consumption on the premises; permits sales 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 78.75 For each additional seat over 25 .50 Printing and/or Publishing Establishment 78.75 (e) Professional: The following practitioners are classed as "Professionals" 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 94.50 Attorney 94.50 All other Professional classifications, including; Architect, Chiropodist, Chiropractor,Dental Hygienist, Dentist, Electrolysist, Engineer,Music Teacher,Naturopath, Optometrist, Osteopath,Physician, Podiatrist, Surgeon, Surveyor, Veterinarian 94.50 Any person licensed by the State under Florida Basic Science Law for practice of the healing arts 94.50 For Hire Cars- See Taxi Gas Company 393.75 Importing, administrative office and/or representative 94.50 Insurance Agency 94.50 Each Solicitor 5.25 Insurance Adjuster 94.50 Insurance Company (each insurance company or association operating a company office in the Village) 94.50 For each insurance company that transacts business or engages in any interstate commerce, if such license tax is not prohibited by Section 8,Article I of the U.S. Constitution 94.50 For each agent operating from company offices located within the Village 5.25 Investment Counsellor(Not a dealer in securities) 94.50 Investment and Securities Dealer 94.50 Where the dealer 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 210.00 9 Laboratory, Clin.cal and Laundry Agency where no wort, is done on premises, and laundromats 94.50 Laundry/Dry Cleaning Services: Plants (Where work is done on premises) 210.00 Agency (Where no work is done on premises, includes laundromats 94.50 Service Establishments: Abstract and Title Company 94.50 Addressing,Mailing or Duplicating Service 94.50 Administrative Office(Where manufacture and delivery of products and inventory is located entirely outside of the Village) 94.50 Advertising Agency 94.50 Artist,Commercial 94.50 Auctioneer 525.00 For each sale of goods, wares,merchandise, or real estate 94.50 Banks, Savings & Loan Associations and Similar Enterprises 94.50 Barbershop 94.50 Beauty Shop 94.50 Bookkeeping Service 94.50 Broker or Agent,Mercantile 94.50 Business Office,General (for any business establishment not specifically covered in this section 94.50 Catering(where shop is located in Village) 94.50 Collection Agency 94.50 Detective Agency (including all types of private investigative work): Permitting 2 investigators or detectives 210.00 For each investigator or detective over 2, an additional 21.00 Dressmaking(Does not permit stock without Merchant's License 21.00 Electric Light& Power Company 393.75 Employment Agency 94.50 Express Company(having place of business in the Village) 210.00 10 Exterminating Service(having place of business in the Vidage) 84.00 General Service Establishment. Each person engaged in any other business not specifically listed in this section whereby services are performed for the public in return for a consideration 94.50 Loan Agency (not small loan company or pawnbroker) 94.50 Pawnbroker 393.75 Pharmagy (I!ermitting stand alone business or within 125.00 retail store) Photographer/Photo Studio/Photofinisber(permits 94.50 blueprinting and photostating) Private School(Schools, Colleges,or any other educational or training services, studies or institutions operated for profit): For each School with more than I teacher 94.50 With only I teacher 31.50 Private School Leasing Temporary Facilities (whether or not operated for profit, limited to 5 consecutive I year licenses): For each school having no more than 2 teachers 94.50 For each increment of 2 or less teachers 94.50 Public Stenographer/Court Reporter 31.50 Real Estate Broker or Agent 94.50 Each Salesperson connected therewith 5.25 Reducing Salon 94.50 Shoe Repair Shop 94.50 Small Loan Company (including all companies or agencies licensed by the State of Florida as small loan business) 157.50 Tailor 94.50 Telephone Company 393.75 Travel Bureau/Ticket Office 94.50 (g) The business of commercial picture origination of television or films, including both motion and still pictures: Still Pictures,per license period 50.00 All Others, per license period 100.00 All Licenses issued in&.,category shall be subject to the following: 1) Licenses shall be issued to the property owner or resident of the property where the film activity is to take place. 2) Each License shall be for a period not to exceed three(3) consecutive days. 3) No License shall be issued for activities on Saturday, Sunday, or legal holidays, as defined by Florida Statutes. 4) No Licensed activity, including erection or dismantling of equipment, shall be conducted during the period commencing one hour after sunset and ending at 7:00 A.M. nor shall same be conducted for a period of more than three (3) consecutive days. 5) No location shall be Licensed for commercial picture origination of television or films, including both motion and still pictures,more than four(4)times during a twelve month period except as noted below. Eight(8) additional still picture filmings involving no more than ten(10)people and no more then three (3)four-wheeled vehicles may be Licensed in each twelve month period. This will allow a maximum of twelve (12) filming Licenses at a single location in a twelve month period. There shall be a minimum period of thirty (30) days of inactivity following the expiration of each License. All Licenses shall be exhibited upon request of the Village Police, Building&Zoning Department, or Code Enforcement Department. 6) The restrictions hereinabove set forth may be waived by the Village Manager when said waiver is deemed in the best interest of the Village, such waiver to be reasonable and reported to the Village Council at its next regular meeting. 7) All applications for licenses in this category shall be accompanied by the following: a. An insurance policy issued by an insurance company licensed to do business in the State of Florida with minimum limits for public liability in the amount of three hundred thousand dollars ($300,000.00) and naming Miami Shores Village, Inc. as an insured party. Under exceptional circumstances the Village Manager may require higher limits when he deems it to be in the best interests of the Village. b. Written agreement to employ off-duty police for traffic and pedestrian control, as determined to be required by the Miami Shores Police Department. (h) For each Vending Machine,wherever situated(Permitting 2625 cigarette and col2ier/fax machinesl Qi Blood Pressure Machine or Other Medical Machine 26.25 In addition to the fees set forth above, each initial application for a license shall require an additional payment of ten dollars ($10.00). (k) AU person engaged in my business who does not pay the required occ9pational license tax within 150 days after the initial notice of tax due, and who does not obtain the reguired occupational license is subject to civil actions and penalties, including court costs,reasonable attomey's fees, additional administrative costs incurred as a result of collection efforts, and a 12enal1y of 0 to $250.OQ.. PASSED AND ADOPTED ON AN EMERGENCY BAS ON TI-HS 6th AYOF July 1996. rl D B JAS C Lo is S. lmburgi�-4r.,Mayor ATTEST: APPROVED AS TO FORM: Barbara A. Fugazzi,1ii1lZge Cf�r'� Mark S. Ulmer,Village Attorney