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HomeMy WebLinkAboutO-2023-014 Amending Ch. 12.5 Fortunetellers, Palmists, Clairvoyants and AstrologersORDINANCE NO.2023- 01 y AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 12.5, ENTITLED "FORTUNETELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGERS"; BY AMENDING SECTIONS 12.5-2. ENTITLED "ISSUANCE AND REVOCATION OF BUSINESS TAX RECEIPT'; AND SECTION 12.5-3, ENTITLED "JUDICIAL REMEDY BY CIRCUIT COURT'; AND AMENDING CHAPTER 21 ENTITLED "SALES AND AUCTIONS; AT ARTICLE IV ENTITLED "AUCTIONS AND AUCTIONEERS"; AT SECTION 21-52 ENTITLED "ISSUANCE AND REVOCATION OF LICENSE" TO REQUIRE ALL THE FOLLOWING USES: FORTUNETELLERS, PALMISTS, CLAIRVOYANTS, ASTROLOGERS, AND AUCTIONEERS ADHERE TO SPECIAL BUSINESS TAX RECEIPT REQUIREMENTS; WHICH REQUIREMENTS ARE AMENDED TO PROVIDE ADMINISTRATIVE REVIEW BY STAFF AND DE NOVO APPEAL TO THE CITY COMMISSION, AFTER PUBLIC HEARING, AND AN APPEAL TO COURT OF THE CITY COMMISSION DECISION; SALES AND AUCTIONS';; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILPTY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 10, 1990, the City Commission adopted Ordinance 20-90, which created chapter 12.5, entitled "Fortunetellers, Palmists, Clairvoyants and Astrologers'; and WHEREAS, on March 27, 2007, the City Commission adopted Ordinance No. 2007-004 amending Chapter 12.5, to change the occupational license requirement to conform to state law as a Business Tax Receipt (BTR); and WHEREAS, Chapter 12.5 provides special procedures, including special insurance, bonding requirement, and annual review of the BTRs for the following uses: fortunetellers, palmists, clairvoyants and astrologers; and WHEREAS, Chapter 21 entitled "Sales and Auctions'; at Article IV entitled "Auctions And Auctioneers"; at Section 21-52 entitled "Issuance And Revocation of License", provides that auctioneers are required to adhere to the same occupational license requirements as for fortunetellers, palmists, clairvoyants and astrologers in Chapter 12.5; and WHEREAS, under the existing code, the City Administration needs to come to the City Commission on an annual basis with a recommendation to authorize the continued approval of the BTRs for these uses; and WHEREAS, under the proposed amendment, the process shall remain materially the same, except that the annual review shall be done administratively, versus by the City Commission, and any denied application would be heard by the City Commission as an appeal; and WHEREAS, to date, the City Commission is not aware of any licenses that have been revoked;and WHEREAS, under the existing code, the City Administration needs to come to the City Commission on an annual basis with a recommendation to authorize the continued approval of the BTRs for these uses; and WHEREAS, BSO and Code Compliance have no objection to the modification of the code to an administrative process; and WHEREAS, the Administration supports the amendment of chapter 12/5 and 21.5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That Chapter 12.5 entitled "Fortunetellers, Palmists, Clairvoyants and Astrologers" is amended as follows: Chapter 12.5 FORTUNETELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGERS See. 12.5-2. Issuance and revocation of business tax receipt. (a) The City Administration eity eemmissia of the City of Dania Beach, Florida, is hereby authorized to grant or renew a fortunetelling, palmistry, clairvoyancy or astrology business tax receipt for any period of time not exceeding one (1) year to any individual applying therefor on a form to be provided for in paragraph (b) of this section and the filing by the applicant of the bond required by section 12.5-5 of this chapter. (b) The form on which application shall be made for a forlunetelling, palmistry, clairvoyancy or astrology business tax receipt shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; ORDINANCE #2023- ON (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology business tax receipt is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry, clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; (6) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, (7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the applicant's good moral character and business responsibility, p j .is", lai -_ a-M_1.... business tax ree t by a individual holding - �� -oi eiY. ,,, ,y =as a== iln. ed business tw,. ree t .sued un&r this ehapte..�.�'ho has . _..i..r :,:t... Y.... u� -'mom-��- ����"'v.su applieatien under this ehapter eomplied with this f-equif-em . (c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor, the City Administration eity-eewAflissien shall refer the application to the Broward County Sheriffs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good- &xcept that the may waive this requirement • ith respeet to if an investigation of sueh applieafA's may -a! char-aetei-7 an business fespensibility has previeusly been iBade under this seetien in eeimeetion with a pfief The sheriff or his deputy shall cause the investigation hereiR providedfer to be made within a reasonable time and shall certify to the City Administration eitnissien whether or not the moral character and business responsibility of the applicant is satisfactory. ORDINANCE#2023- ay (d) A fortunetelling, palmistry, clairvoyancy or astrology business tax receipt may be revoked by the City Administration or an application for issuance or renewal of such business tax receipt may be refused by the City Administration eity eemmissiea, if they determine that: (1) The applicant or business tax receipt holder is not an individual of good moral character and business responsibility; or (2) The application of the applicant or business tax receipt holder contains any false, fraudulent or misleading material statement; (3) The applicant or business tax receipt holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city; or (4) The applicant or business tax receipt holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology; or (5) The applicant has been convicted of any crime or misdemeanor involving moral turpitude; or (6) The applicant or business tax receipt holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. (e) Apneal of Administrative Determination. An applicant can challenge the denial of an application to the City Commission. which shall be heard after notice Notice of the hearing above shall be given in writing to the applicant or business tax receipt holder as the ease maybe. Sueh The notice shall be mailed, postage prepaid to the applicant or business tax receipt holder as t- I . at his last known address at least ten 10 five-(5) days prior to the date set for hearing. The applicant or business tax receipt holder as the ease may be shall have the right to be represented at sueh the hearing by counsel. The City Commission will review the denial de novo (from the beginning), Sec.12.5-3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission pursuant to section 12.5.2(c), may, within thirty (30) days from the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the City Commission, which said review shall be limited to a petition at common law for a writ of certiorari. Section 3. That Chapter 21 entitled "Sales And Auctions" at Article IV entitled "Auctions and Auctioneers"; at Section 21-52, entitled "Issuance and Revocation of License" is amended as follows: ORDINANCE #2023- 01 CHAPTER 21 SALES AND AUCTIONS ARTICLE IV - AUCTIONS AND AUCTIONEERS Sec. 21-52. Issuance and Revocation of License (a) The City Administration of the City of Dania Beach, Florida, is hereby authorized to grant or renew an auctioneer's business tax receipt for any period of time not exceeding one (1) year to any individual applying therefor on a form to be provided for in section 21-54 of this article and the filing by the applicant of the bond required by the applicant of the bond required by section 21-55 of this article. (b) The form on which application shall be made for an auctioneer's business tax receipt shall require the following information: (1) Name of the applicant. (2) Residence and business address of the applicant. (3) The length of time for which an auctioneer's business tax receipt is desired. (4) A statement as to whether or not the applicant holds, or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant together with a full and accurate statement as to the reasons for any such revocation. (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto. (6) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner; exeept that the eity eatranission may waive this requiremefit with respeet to an rY pli ti a renewal can business twE by an individual 1, la• an unexpired atietiefteer2s business tfflE reeeipt issued tinder this artiele and whe has in -a 5 previetis applieation under this arfiele eeffiplied with this requirem— ; (7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the applicant's good moral character and business responsibility or in lieu of the names of references any other available evidence as to the good moral character and business responsibility; exeept J eemmission waive this requirement with respeet to an eYY «lieation for e al ei an nfi e eneer's business ta)E - pt by any individual heldin� ORDINANCE #2023-J.Lq (c) Before issuing an auctioneer's business tax receipt to any individual applying therefor the QLty Administration eity eemmissie shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, pt thatthe eity twE waive this requirement with f-espeet to an applieatien fer renewal t issued under- this arfiele if an investigafien of stieh appheant's moral ehafaeter and business respensibi4ity has previeusly been made under this see-fien in eonneetion with a prior- . The chief of police shall cause the investigation hereia provided for to be made within a reasonable time and shall certify to the City Administration eit3,-eetatnissiea whether or not the moral character and business responsibility of the applicant is satisfactory. (d) An auctioneer's business tax receipt may be revoked by the City Administration city eemntissiea or an application for issuance or renewal of such receipt may be refused by the City Administration eity eetmnissiea, if it is determined, after notice and hearing: (1) That the applicant or business tax receipt holder is not an individual of good moral character and business responsibility; or (2) That the application of the applicant or receipt holder contains any false, fraudulent or misleading material statement; or (3) That the applicant or receipt holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania Beach, Florida; or (4) That the applicant or receipt holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City of Dania Beach, Florida; or (5) That the applicant or receipt holder has violated any of the statutes of the State of Florida relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or (7) That the applicant or receipt holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania Beach, Florida, in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. (e) Appeal of Administrative Determination. An applicant can challenge the denial of an application to the City Commission, which shall be heard after notice Notice of the hearing above shall be given in writing to the applicant or business tax receipt holder as the ease may—oe. Sueh The notice shall be mailed, postage prepaid to the applicant or business tax receipt holder as the at his/her last known address at least ten 10 €tve-(3) days prior to the date set for hearing. The applicant or business tax receipt holder ORDINANCE #2023- 0�—ct as the ease may have the right to be represented at such hearing by counsel. The Ci Commission will review the denial, de novo (from the beginning). An Weal of the City Commission decision would be pursuant to section 12.5-3 Section 4. If any section, clause, sentence, or phrase 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 5. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 6. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on June 13, 2023. PASSED AND ADOPTED on second reading on June 27, 2023. ATTEST: (L� AP a1c,4� ,y CITOY CLERK RA C_ .cN APPROVED AS TO FORM AND CORRECTNESS: ATTORNEY AN IV MAYOR 7 ORDINANCE #2023- U/-