Loading...
HomeMy WebLinkAboutO-2010-011 Business Tax Property Owner's responsibility ORDINANCE NO. 2010-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUSINESS TAX'; AMENDING SECTION 15-1 ENTITLED "REQUIRED TO ENGAGE IN BUSINESS; REGISTRATION REQUIRED" AND SECTION 15-3 ENTITLED "SEPARATE RECEIPT FOR EACH LOCATION; EVIDENCE OF CONDUCTING BUSINESS" TO REQUIRE PROPERTY OWNERS TO ENSURE THAT A BUSINESS TAX RECEIPT IS OBTAINED FOR ANY BUSINESS CONDUCTED ON THE OWNER'S PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 205, the Local Business Tax Act, grants municipalities the power to levy a local business tax; and WHEREAS, the City Commission of the City of Dania Beach has determined that property owners should be responsible for ensuring that all persons conducting business on the owner's property have obtained a business tax receipt from the City; and WHEREAS, the City Commission of the City of Dania Beach finds that the revisions to Chapter 15 of the City Code of Ordinances will enhance and protect the health, safety and welfare of the citizens of the City of Dania Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. That Sections 15-1 and 15-3 of Chapter 15 of the City Code of Ordinances are amended to read as follows: Sec. 15-1. Required to engage in business; registration required. It shall be unlawful for any person to engage in, manage or allow anyone on the person's property to engage in or manage any business in the city without having a business tax receipt ("receipt") from the city. Before engaging in any business, profession or occupation, every person shall register in a book or file to be kept for that purpose by the city the name, profession or occupation, and places of business of the person. Sec. 15-3. Separate receipt for each location; evidence of conducting business. ORDINANCE NO. 2010-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUSINESS TAX'; AMENDING SECTION 15-1 ENTITLED "REQUIRED TO ENGAGE IN BUSINESS; REGISTRATION REQUIRED" AND SECTION 15-3 ENTITLED "SEPARATE RECEIPT FOR EACH LOCATION; EVIDENCE OF CONDUCTING BUSINESS" TO REQUIRE PROPERTY OWNERS TO ENSURE THAT A BUSINESS TAX RECEIPT IS OBTAINED FOR ANY BUSINESS CONDUCTED ON THE OWNER'S PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 205, the Local Business Tax Act, grants municipalities the power to levy a local business tax; and WHEREAS, the City Commission of the City of Dania Beach has determined that property owners should be responsible for ensuring that all persons conducting business on the owner's property have obtained a business tax receipt from the City; and WHEREAS, the City Commission of the City of Dania Beach finds that the revisions to Chapter 15 of the City Code of Ordinances will enhance and protect the health, safety and welfare of the citizens of the City of Dania Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. That Sections 15-1 and 15-3 of Chapter 15 of the City Code of Ordinances are amended to read as follows: Sec. 15-1. Required to engage in business; registration required. It shall be unlawful for any person to engage in, manage or allow anyone on the person's property to engage in or manage any business in the city without having a business tax receipt ("receipt") from the city. Before engaging in any business, profession or occupation, every person shall register in a book or file to be kept for that purpose by the city the name, profession or occupation, and places of business of the person. Sec. 15-3. Separate receipt for each location; evidence of conducting business. ORDINANCE NO. 2010-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED `BUSINESS TAX'; AMENDING SECTION 15-1 ENTITLED "REQUIRED TO ENGAGE IN BUSINESS; REGISTRATION REQUIRED" AND SECTION 15-3 ENTITLED "SEPARATE RECEIPT FOR EACH LOCATION; EVIDENCE OF CONDUCTING BUSINESS" TO REQUIRE PROPERTY OWNERS TO ENSURE THAT A BUSINESS TAX RECEIPT IS OBTAINED FOR ANY BUSINESS CONDUCTED ON THE OWNER'S PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 205, the Local Business Tax Act, grants municipalities the power to levy a local business tax; and WHEREAS, the City Commission of the City of Dania Beach has determined that property owners should be responsible for ensuring that all persons conducting business on the owner's property have obtained a business tax receipt from the City; and WHEREAS, the City Commission of the City of Dania Beach finds that the revisions to Chapter 15 of the City Code of Ordinances will enhance and protect the health, safety and welfare of the citizens of the City of Dania Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. That Sections 15-1 and 15-3 of Chapter 15 of the City Code of Ordinances are amended to read as follows: Sec. 15-1. Required to engage in business; registration required. It shall be unlawful for any person to engage in, manage or allow anyone on the person's property to engage in or manage any business in the city without having a business tax receipt ("receipt") from the city. Before engaging in any business, profession or occupation, every person shall register in a book or file to be kept for that purpose by the city the name, profession or occupation, and places of business of the person. Sec. 15-3. Separate receipt for each location; evidence of conducting business. No person shall engage in, manage or allow anyone on the person's propertyto engage in or manage any business, profession or occupation in the city without first obtaining from the city a receipt for each separate location in the city. A receipt shall be required to cover each and every business advertised by sign, newspaper, magazine or otherwise and any such sign, newspaper, magazine or other advertisement shall be considered evidence of conducting the business advertised and shall be sufficient evidence for consideration by a court for failure to obtain a receipt. The receipt shall be issued to cover only one location. Section 3. That except as amended above, all other provisions of Chapter 15 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That if any section, clause, or provision of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That this Ordinance shall take effect immediately upon its passage and adoption. PASSED on first reading on May 11, 2010. PASSED AND ADOPTED on second reading on May 25, 2010. r o�ARps FIRS r C. K. McELYE ATTEST: 11 eQ YOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK M �e APPROVED A TOFJ AND CORRECTNESS: r ORM THO ASJ RO CITY ATTORNEY 2 ORDINANCE#2010-011