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(A) The City Clerk shall issue special permits, without the payment of any local business tax receipt fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal, or religious purpose.
(B) An applicant for a special permit shall submit an application therefor to the City Clerk upon forms provided by the City Clerk, and shall furnish such information and make such affidavits as the City Clerk shall require.
(C) A person or organization operating under a special permit shall operate his nonprofit enterprise in compliance with this chapter and all other applicable rules and regulations, except as provided herein.
('69 Code, § 11-13) (Ord. 171, passed 11-13-67; Am. Ord. 1576, passed 4-18-07) Penalty, see § 115.99
(A) Prior to the issuance of any local business tax receipt, a written application therefor, signed by an officer, partner, or owner of the proposed business, occupation, or profession, shall be filed with the City Clerk upon forms prescribed by him.
('69 Code, § 11-14)
(B) The forms for application for a local business tax receipt shall include an affidavit, to be sworn to by the applicant before a notary public of this state. It shall set forth, in addition to any other pertinent information required by the City Clerk, the following:
(1) The name of the owner; if a firm, the names of all members of the firm; and if a corporation, the names of all officers of the corporation.
(2) The date proposed to commence business and its location.
(3) The full nature of the business.
(4) Where the local business tax is based thereon, the value of stock carried, or the number of seats, machines, employees, gasoline pumps, rooms, or vehicles, and so forth, used, as the case may be.
(5) The Federal Employer Identification Number or Social Security Number.
('69 Code, § 11-15)
(C) All applications for local business tax receipts shall be accompanied by the full amount of the fees chargeable for the local business tax receipt.
('69 Code, § 11-16)
(D) FAMILY DAY-CARE HOME means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day-care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver: a maximum of four children from birth to 12 months of age; a maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children; a maximum of six preschool children if all are older than 12 months of age; a maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age. TOWNHOME or CONDOMINIUM are defined as any multi-family residential dwelling unit, including but not limited to, townhouses, apartments, townhomes and condominiums. Family day-care homes may be open seven days a week, 24-hours a day. Provided, however, children shall not be outside the home before 8:00 a.m. or after 5:00 p.m. during Eastern Standard Time and after 7:00 p.m. during Daylight Savings Time. No family day care home shall be operated without the operator first obtaining a local business tax receipt from the city. All applications for local business tax receipts for the operation of family day care homes shall be accompanied by a $50 fee chargeable for the local
business tax receipt. No local business tax receipt for the operation of a family day care home shall be granted until:
(1) The city, at the applicant's expense, has notified, by certified mail, surrounding property owners that an application is pending for the issuance of a local business tax receipt for a family day care home. The notification shall state the location of the proposed family day care home, the name of the operator of the family day care home, the name of the owner of the real property on which the family day care home is located, and the proposed hours of operation of the family day care home. For the purpose of this section
SURROUNDING PROPERTY OWNERS shall mean 100 feet of any proposed family day care home when the proposed family day care home is in a townhome or condominium, and in the caase of a single-family home it shall mean those property owners who reside next to, behind, or directly across the road or right-of-way of the single-family home. In the case of a cul-de-sac, all homeowners in the cul-de-sac will be notified.
(2) Following notice, if 30% of the surrounding townhome or condominium property owners or one contiguous owner, if single-family, objects to the proposed application, the City Administration shall evaluate the objection. The Administration shall presume the appropriateness of all applications for family day care homes and the burden shall be on an opponent to establish sufficient grounds for the imposition of conditions or the denial of an application. In reviewing objections the City Administration shall consider the effect of the proposed use on existing and future dwellings in the vicinity, the proposed site, the traffic safety, and the general health and safety of the community. In the event the objections are found invalid, the City Administration shall continue processing the application for a local business tax receipt. Objectors shall be interviewed by the Administration. In the event the objections are found to be valid, the application shall be denied or granted subject to such conditions as are deemed necessary to offset the objections.
(3) An application for a local business tax receipt for a family day care home may be granted conditioned on the faithful adherence to and the fulfillment of such restrictions and conditions as shall be determined to be necessary for the protection of the surrounding areas and the general welfare of the citizens. Subsequent failure by a local business tax receipt holder to comply with the conditions established by the city's administration or failure to comply with applicable state or county regulations for the operation of family day care homes shall constitute a forfeiture of the local business tax receipt. No local business tax receipt shall be forfeited as provided for in this section except after affirmative finding by the city's Code Enforcement Board that a violation has occurred. All hearings before the Code Enforcement Board on alleged violations of the conditions shall be brought in accordance with the rules and regulations governing Code Enforcement Board hearings.
(4) An applicant whose application is denied or made conditional by the City Administration based upon an objection by a third party shall be entitled to appeal the denial or the imposition of conditions to the City Commission. Such appeal shall be made in writing within ten days of notification that the application has been denied. The decision of the Commission, following hearing, shall be binding on the applicant.
(5) Prior to the issuance of a local business tax receipt for a family day care home, the applicant shall;
(a) Demonstrate proof of compliance with all applicable federal, state, county and local statutes, laws, regulations or ordinances; and
(b) If not the owner of the property in which he/she resides and intends to operate a family day-care home shall submit a notarized written statement from the property owner which specifically authorizes and grants permission for the applicant to operate from the premises.
(6) The application process as set forth herein shall be supplemental to the application and processing requirements set forth in Ch. 115. Provided, further, that if at any time, during the year, the owner or operator of the family day-care home is found not to be in compliance with all regulatory standards set forth in F.S. Chapter 402, such local business tax receipt shall be revoked in accordance with F.S. § 402.310. This revocation procedure shall be supplemental to the revocation procedures set forth in this chapter.
(7) The City Administration shall promulgate a form of application consistent herewith which shall be approved by the City Attorney and amended from time to time to comply with all state, county, and local regulations of family day care homes.
(E) All applications for local business tax receipts shall be accompanied by a copy of the contract between the business that is applying for the local business tax receipt and the company that is providing garbage services to the business.
(Ord. 171, passed 11-13-67; Am. Ord. 831, passed 4-22-87; Am. Ord. 1003, passed 9-2-92; Am. Ord. 1063, passed 12-19-93; Am. Ord. 1283, passed 9-16-98; Am. Ord. 1411, passed 6-19-02; Am. Ord. 1449, passed 6-18-03; Am. Ord. 1576, passed 4-18-07)
It shall be the duty of the City Clerk to initiate the routing of the application for a local business tax receipt for inspection, signed approval, and date, by the following: the Building and Zoning Department, and the Local Business Tax Receipt Inspector. From these offices they shall be returned to the City Clerk. During the inspection of the application for a local business tax receipt the following shall apply:
(A) It shall be the responsibility of each office to conduct all necessary inspections and route the application to the next department in an expedient manner, so that the local business tax receipt may be properly processed.
(B) In the event the application is rejected by any office, the reason for its rejection shall be indicated, along with the signature of the responsible official and the date.
(C) After the application for a new local business tax receipt has been inspected and approved by the appropriate offices and returned to the City Clerk, the City Clerk shall interview the applicant, and when he deems it necessary or desirable shall investigate all applicants and determine whether or not it would be in the best interest of the city to issue a local business tax receipt as applied for by the applicant. In making a determination, the City Clerk shall evaluate the reputation of the applicant for honesty, integrity, good character, and for this purpose shall consider the applicant's:
(1) Penal history. All convictions, the reasons therefor, and the demeanor of the applicant subsequent to his release.
(2) Local business tax receipt history. The local business tax receipt history of the applicant, whether that person in previously operating in this or another state under a local business tax receipt has had the local business tax receipt revoked or suspended, the reason therefor, and the demeanor of the applicant subsequent to the action.
(3) General personal history. Such other facts relevant to the general personal history of the applicant as the City Clerk shall find necessary to a fair determination of the eligibility of the applicant.
(D) The City Clerk shall issue the local business tax receipt, subject to any or all conditions stipulated thereon, to the applicant; unless, after investigation and application of the standards described in this section, he determines that it would not be in the best interest of the city to issue a local business tax receipt.
('69 Code, § 11-17) (Ord. 171, passed 11-13-67; Am. Ord. 1576, passed 4-18-07)
No local business tax receipt shall be issued for any business, service, occupation, or profession until the location of the business is first approved by the Building and Zoning Department of the city as to its compliance with zoning and other regulatory ordinances of the city.
('69 Code, § 11-18) (Ord. 171, passed 11-13-67; Am. Ord. 1576, passed 4-18-07)
All local business tax receipts shall be applied for and issued in the real name of the applicant. In cases where the applicant does or will do business under a fictitious, trade, or firm name, the application, and the local business tax receipt if issued, shall show the real name as well as the fictitious, trade, or firm name of the applicant.
('69 Code, § 11-19) (Ord. 171, passed 11-13-67; Am. Ord. 1576, passed 4-18-07)
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