(A) Local business tax receipts granted under the provisions of this chapter may be transferred from one location to another, provided:
(1) The local business tax receipt is presented to the City Clerk for the approval of the transfer.
(2) No local business tax receipt shall be transferred without the approval of the Building and Zoning Department of the city as to the conformance of the proposed new location to zoning and building regulations of the city.
(3) The local business tax receipt holder shall pay for the transfer a fee in the amount of up to 10% of the annual local business tax receipt tax, but not less than $3 nor more than $25 if the transfer is applied for before the business is moved to a new location.
(4) A request for transfer of the local business tax receipt shall be made within ten business days of the effective change in location of a business or change in the business organization or structure. Failure to timely transfer the local business tax receipt shall result in the revocation of the local business tax receipt and a fine of $25. ('69 Code, § 11-27)
(B) A local business tax receipt issued by the city under this chapter may be transferred with the approval of the City Clerk for the business for which it was taken out, except as otherwise provided by law, when there is a bona fide sale and transfer of the property used and employed in the business as stock in trade, and not otherwise, subject, however, to the following conditions:
(1) The seller of the business shall present the local business tax receipt to the City Clerk, with an endorsement on the reverse side thereof, assigning all right, title, and interest to the purchaser.
(2) The purchaser shall produce a properly executed instrument, showing the transfer of stock of goods and of the lease or deed to the property.
(3) The purchaser shall file an application for the local business tax receipt and shall qualify in all respects as provided by law and by this chapter as an applicant for a local business tax receipt, as if he had applied for the local business tax receipt in the first instance.
(4) A fee of up to 10% of the annual local business tax receipt tax, but not less than $3 nor more than $25 shall be paid to the City Clerk in connection with the transfer. However, where no new person in interest comes into the business, the change of the business organization or structure, such as from a corporation to an individual proprietorship or partnership or from an individual proprietorship or partnership to a corporation, shall not be considered a transfer of ownership for local business tax receipt purposes, calling for payment of transfer fees above set forth.
(5) Where the local business tax receipt holder has been exempted from the payment of all or any part of the local business tax receipt tax therefor, any such local business tax receipt shall not be transferable under this section.
(6) No local business tax receipt shall be transferred under this section without the approval of the Building and Zoning Department.
(7) A request for the transfer of a local business tax receipt shall be made within ten business days of the affective change in ownership of the business or change in the business organization or structure.
('69 Code, § 11-28) (Ord. 171, passed 11-13-67; Am. Ord. 1063, passed 12-19-93; Am. Ord. 1365, passed 1-17-01; Am. Ord. 1576, passed 4-18-07) Penalty, see § 115.99
Statutory reference:
Local business tax fees, see F.S. § 205.043