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Home My WebLink AboutO-1949-216 ORDINANCE N0. A I b_ AN ORDINANCE IEVYING AND IMPOSING AN EXCISE OR PRIVILEGE TAX UPON THE SALE, RECEIPT, PURCHASE, POSSESSION, CONSUMPTION, HANDLING, DISTRIBUTION AND USE OF CIGARETTES IN THE CITY OF DANIA; PRO- VIDING FOR THE METHOD OF COLLECTION; PROVIDING FOR THE EXPENDITURE OF THE FURDS DERIVED THERE- FROM; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES, OR ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR THE READING AND PASSAGE OF THIS ORDINANCE AS AN EMERGENCY MEASURE UPON ONE MEETING OF THE CITY COMMISSION OF THE CITY OF DANIA BY AN UNANIMOUS CONSENT OF THE YINBERS PRESENT, BE IT ORDAINED BY THE CITY COI&ISSION OF THE CITY OF DANIA$ FLORIDA: Section 1: That an excise or privilege tax in addition to all other taxes of every kind imposed by law is hereby levied and imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes in the territorial limits of the City of Dania, Florida, for cigarettes of standard dimensions as defined by the General Law of the State of Florida, in the following kh amounts: f 1. (a) Upon all cigarettes, three and one-half inches long or less, two and five-tenths (2 5/10) mills on each cigarette; (b) Upon all cigarettes, between three and one-half and six inches long, five (5) mills on each cigarette; and (c) Upon all cigarettes, six inches long or longer, ten (10) mills on each cigarette. 2. The description of cigarettes contained in subsection one of this section are hereby declared to be standard as to dimensions for taxing purposes as provided in this Ordinance and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimen- sions, the same shall be taxed at the rate of one (1) cent on each such cigarette. 3. Where cigarettes, as described in subsection (1) (a) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall govern: I (a) Packages containing ten cigarettes or less require a two and five-tenths (2 5/10) cent tax; and (b) Packages containing more than ten but not more than twenty cigarettes require a five tax. (5) cent 4. Where cigarettes, as described in subsection (1) (b) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall govern.: (a) Packages containing ten cigarettes or less require a five (5) cent tax; and (b) Packages containing more than ten but not more than twenty cigarettes require a ten (10) cent tax. 5. Where cigarettes, as described in subsection (1) (c) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall govern; (a) Packages containing ten cigarettes or less require a ten (10) cent tax; and (b) Packages containing more than ten but not more + than twenty cigarettes require a twenty (20) cent tax. Section 2: The tax levied and imposed herein shall be col- lected by the Beverage Department of the State of Florida in the manner prescribed in Senate Bill 18-X as adopted by the 1949 Extra-ordinary session of the Legislature of the State of Florida. Section 3; That all funds received by the City of Dania, Florida, by virtue of this ordinance shall be paid into a separate fund to be designated "CIGARETTE TAX FUND" and shall be appropriated and expended by the City Council for the following purposes only; For the future cost, purchase, building, designing, engineering, planning, repairing, reconditioning, altering, expanding, maintaining, servicing and otherwise operating any of the following; Streets, bridges, storm sewers, curbs, drains, gutters, water supplies, sanitary facilities and services for the preservation, pro- tection, or improvement of the public health and safety, including hospitals, fire stations and fire fighting equipment, sanitary sewers, I i -2.. J sewerage disposal systems, sewerage disposal plants and facilities, garbage and refuse collection and disposal services, facilities and equipment, incinerators and other facilities and services, including street cleaning, inspections and services for the protection of pub- lie health including the enforcement of ordinances designed to ma nni safe health standards with respect to foods, mosquito, insect and rodent eradication and control, and the removal and abatement of nuisances which may be or constitute dangers to public health and the exercise of controls for public safety, facilities for the prevention of beach erosion, the enforcement of the laws of the State of Florida, and municipal ordinances with respect to public travel, health and safety, and such other state functions which are performed by municipal govern- ments within their boundaries, and are otherwise performed by the state and county governments outside of the limits of incorporated municipalities, or as otherwise provided by the terms and provisions of Senate Bill 1.8-x, 19490 Extraordinary Session of the Legislature of the State of Florida, }' Section 4: That all ordinances or parts of ordinances; or �) resolutions or parts of resolutions, in conflict herewith be and the y� same are hereby repealed to the extent of such conflict. Section 5: This ordinance shall become effective upon the 1st day of November, A. D. 1949. Section 6: By unanimous consent of all the commissioners present, this ordinance has been introduced and read for the first time and read for the second and third times ; and passed on all three readings at this meeting of the City Commission of the City of Dania, Florida; and has been passed by an unanimous vote of all the Commissioners present at this meeting, to-wit: four (4) of the five (5) City Commissioners of the City of Dania, one commissioner being absent. PASSED FIRST READING this 3rd day of October, A. D. 1949. �3 ' 1 PASSED SECOND READING THIS 3rd day of October, A. D. 1949. PASSED THItiD READING THIS 3rd day of October, A. D. 1949. May mm..as oner� ATTEST: C y C erk RnU Au3 . or CERTIFICATE STATE OF FLORIDA COUNTY OF SROWARD: CITY OF DANIA I, MARIE C. CASTELLOW, duly appointed, qualified, and acting City Clerk and Auditor of the City of Dania, Florida, do hereby certify that the above and foregoing is a true, complete and accurate copy of Ordinance No, oll(o of the City of Dania, Florida, which Ordinance was duly passed and adopted the 3rd day of October, A. D. 1949 at a meeting of the City Commission of the City of Dania, Florida, held at the City Hall on the 3rd day of October, A. D. 1949, IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Dania, Florida, thisl3A day of October, A. D. 1949. or ' I ..4_ i