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Ordinance 94-37 · . ,: · · O~DZN~C2 ~0. 94- . , AN ORDINANCE ~J4ENDING COLLIER COUNTY ORDINANC~ NO. Sl-42, AS AM~ED, RELATING TO OCCUPATIONAL LICENSES~ PROVIDING FOR AMENDMENT TO DUE DATES, DELINQUENT ~ ~ PENALTIES, AND TRANSFER FEES~ PROVIDING FOR PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTI%'E DATE. WHEREAS, Collier County Ordinance No. Sl-42, which was adopted by the Board on September 1, 1981, regulates the issuance, fees and penalties associated with occupational licenses within Collier County; and, WHEREAS, Collier County Ordinance Sl-42 was amended by Collier County Ordinance No. S3-S, Collier County Ordinance No. S8-72, and Collier County Ordinance No. S9-S5; and, WHEREAS, the Board of County Comm~ssioners of Collier County, Florida, desires to amend certain provisions of Ordinance No. $1-42~ as amended, to reflect changes in state law. NOW, THEREFORE, BE IT ORDAINED BY T~E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Rmemdment to Section S of Ordinance No. 81-42 Section 3 of Collier County Ordinance No. Sl-42 is hereby amended to read as follows: Occupational Licenses; Due Date and Delinquent Penalties · (a) All licenses shall be sold by the Collier County Tax collector beginning ~e~bee ~uaust 1st of each year and shall be due and payable on ~ 4e% 30th of each year and shall expire at midnight on September 30th of the succeeding year. (b) Those licenses .not renewed by ~ ~ 30th shall be considered delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each month of delinquency thereafter Words underlined are added~ words e4~ are deleted. until paid; provided that ths total delinquency penalty shall not exceed twenty-five percent (2s%) of the occupational license fee for the delinquent establishment. In addition to the penalty, the Tax Collector shall be entitled to the following collection cost fee, based cn original license ~ax plus penalty which shall be collected from delinquent taxpayers at the same time of the payment of license tax and penalty: $ 9.99 or less $ 2.00. 10.00 - 19099 $ 4.00 20.00 - 29,99 $ 6.00 30.00 - 29,99 $ 8.00 40.00 or more $10.00 (c) Any person l(ho vae not liable for a license during .the first half of the license year may be issued a license during the second half of the license year upon payment of one half (~) the amount fixed as the price of such license for one (1) year. CdN Any metson 'who encaces inanv business. occupation or profession covered by this Ordinance who does not Day ~he recuired occupational license tax hundred fifty flSON days after the initial ~tice of tax due. and who does not obtain the required OCCUpational license is subtact to civil actions and Densities. includinc court costs. reasonable ~ttorney's fees. additional ,administrative costs in;urred as a result of collection efforts. includinc the collection cos~ fee described in Section 3(bl. and a Denaltv of uD to twentv-five metcent (25%1 of the Words underlined are added; words eiF~e~'Ji%~'MMt~ are deleted. " 1.1tense tax determ{ned to be due fn additfon to any other uenaltv provided bv law OT ordinance. (e} It shall be the duty of every person taking over or purchasing an existing bustness,'wh~ch is required to be 1foeneed under th~l Ordinance, to notify the Tax - Collector of the County v~thfn thirty {30} days, and upon failure to do so the person shall be subject the penalties ~rovided ~n Sectfort' 6 of this Ordinance. (f) All business licenses may be transferred to a new owner with the approval of the Tax Collector and upon the presentation of a new application and a transfer fee of UD tO ten oercent (10%1 o[ the l~cense tax but ZZ~ three dollars ($3.00) twenty-live ~ollars {~2~.001, provided there ~s a bona fide sale of the bus~ness. The new owner must present such evJdence and the original license for the transfer. Further,' upon written, request and presentation of license, the license may be transferred from one location to another location vithin the same County vith the approval of the Tax Collector and a transfer fee of ten percent 'the l~Cense tax bu~ no less than three dollars {$3.00) or mote than tventv-five dollars Such ~ransferred license shall b& of the same force and effect and for the same period as the original license. {g) Vehicles use~ b~ any person licensed under th~s for the' ~ale and delivery of tangible personal property at either wholesale or retail from his place of business o~ which a license .is paid shall not be construed to be separate places of business, and no license ma~ be =evied on such'vehicles or the operators ~hereof as salesman, any other law to the contrary notwithstanding. -3- Wor~ ~ are added~ words ~ are ~eleted. SECTlOll TWO' 3~sndment to 2eotLon 4 o£ O~dinanoe Section 4 of Collier County Ordinance No. 21-42 is hereb~ amended to read as fcll~wsx Issuance of Licensey False Statement in Licensey Display cf (a) No license shall be issued except upon ~ritten application of the person al~lying for the same. The Tax Collector, before issuing a license based wholly or in part upon capacity, number of persons employed, or any' other contingency, shall require the person applying for such license to file, a statement giving full and complete information relative to the capacity, number of persons emplcP/ed, or other contingency, as the case may be, No license shall be issued unless the aPPlicant DrOVidee the SDDlicant'S federal identification number or social security number. The applications and statements required by this section shall be retained as a part of the records of the Tax Collectcr's office. [b) No license shall be issued until the applicant or new q~ner presents to the County either a cony oF the ~pulicant's or new owner's current Fictitious name recistration issued by the Division of Corporations ~= the DeDaTtnment oF State or a written etatementL SiCned' bv ~he aDulicant or n~-~ owner. which sets forth the reason that the new OwTler or aPPlicant need not COmDIV With the Fictitious Name Act. . {cl Any person.who, in applying to the Tax Collector for a license based upon capacity, number of persons employed,- or any other contingency, shall make a false statement of capacity, number of persons employed or other contingency, shall be deemed guilty of a misdemeanor and punished as provided in Section 6. -4- Words ILDA~E1AEA{ are added~ words e~eek-%heee~h are deleted. ~e~/Jil The Tax Collector shall make a duplicate of each license issued. The person obtaining the license . shall keep the same displayed conspicuously at the place of business and in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the County. Upon failure to do so he shall be subject to the payment of another license tax for engaging in or managing the business or occupation for which the license was obtained. SECTION SEE. CONTLICTX~D SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTIOn YOUR. rFFECTIVE DATE, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED ' by the Board of County Commissioners of Collier County, Florida, this . f~ day of . ' . " legal ~f'~iciencyx Assietan~ County Att~orney ,:. ~ords ~ are added; vords ~ are delete~. STATE OF FLORIDA ), COUNT~ 0F C0LtIER } Z, DWIGHT E. BROCE, Clerk of C~rts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby cert'ify ~hat the foregoing is a true col~/of: Ordinance No. 94-37 which was adopted b~ the Board of County Commissioners on the 9th day of August, 1994, during Regular Session. WITNESS my hand and the official seal of the 2oard of County Commissioners of Collier County., Florida, this lOth day of AuguSt, lgg4. DWIGFT E. BROCK .... Clerk of Courts and Clerk' ~.~$'A;-~3 ~-offtc~o to Boardof '.i"' ," .... County Coziestcriers. 4' "'. · "