Alachua County Board of County Commissioners ORDINANCE 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA; AMENDING CHAPTER 39.4. OCCUPATIONAL LICENSE TAX TO COMPLY WITH CHANGES TO CHAPTER 205, FLORIDA STATUTES, LOCAL BUSINESS TAX; DELETING REQUIRMENT FOR TAX COLLECTOR TO SIGN LICENSE; REQUIRING LOCAL BUSINESS TAX RECEIPT TO BE DISPLAYED; REQUIRING REGISTRATION FOR LOCAL BUSINESS TAX RECEIPT; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Alachua County, Florida has authority to levy and set the amount of local business tax for the privilege of engaging in or managing any business, profession or occupation within Alachua County; and WHEREAS, effective January 1, 2007, Chapter 205, Florida Statutes, was amended to rename the Occupational License Tax the Local Business Tax; and, WHEREAS, Chapter 205 was renamed because some persons holding an occupational license have fraudulently used the license as proof of competency to perform the business, profession, or occupation for which the license was issued; and, WHEREAS, the occupational license was never intended to be used for the purpose of proving competency to perform any business, profession, or occupation; and, WHEREAS, renaming the Occupational License Tax the Local Business Tax may prevent further misrepresentations to consumers. words underlined are additions. Page 1 of 13
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA: Section 1. That Chapter 39.4., Occupational License Tax, is amended as follows: Sec. 39.4.1. Levy of Occupational License Tax Local Business Tax. There is hereby levied an a occupational license local business tax in the amounts set out in this chapter, Exhibit A, for the privilege of engaging in or managing any business, profession or occupation within the unincorporated area of Alachua County (county) on the following: (1) Any person who maintains a permanent business location or branch office within the county for the privilege of engaging in or managing any business; and (2) Any person who maintains a permanent business location or branch office within the county for the privilege of engaging in or managing any profession or occupation; and (3) Any person who does not qualify under the provisions of subsection (1) or (2) above and who transacts any business or engages in any occupation or profession in interstate commerce where such license business tax is not prohibited by Article I, Section 8 of the United States Constitution. Sec. 39.4.2. License--Receipt Required; issuance; penalty for violation. a No person shall engage in or manage any business, occupation or profession for which there is an occupational license a local business tax required by this chapter, unless the person shall first procure a license receipt to conduct the same from words underlined are additions. Page 2 of 13
the Alachua County Tax Collector. Receipt means the document that is issued by the Alachua County Tax Collector which bears the words Local Business Tax Receipt and evidences that the person in whose name the document is issued has complied with the provisions of this chapter relating to the business tax. b All licenses shall be signed by the Alachua County Tax Collector or designee. c b Any person engaging in or managing any business, occupation or profession without first obtaining a county occupational license local business tax receipt, if required hereunder, shall be subject to a penalty of 25 percent of the license business tax determined to be due, either within seven days of written notification by the county or within 30 days of opening to the public, whichever occurs first, in addition to any other penalty provided by law or ordinance. d c Any person who engages in any business, occupation, or profession who does not pay the required occupational business tax within 150 days after the initial notice of tax due for either the initial occupational license business tax or any renewal thereof, and who does not obtain the required occupational license business tax receipt shall be required to pay a penalty of $250.00 per offense and may be subject to civil actions and penalties, including court costs, reasonable attorneys' fees, plus any collection and administrative costs authorized in accordance with Ch. 205, F.S. e d All applications and affidavits required by this chapter shall be retained and destroyed pursuant to Florida law. Sec. 39.4.3. License Receipt for each location; change in location; display of words underlined are additions. Page 3 of 13
receipt. A license receipt shall only be valid for the location to which it is issued. Additional locations require separate licenses receipts. When determining the number of apartments, condominiums, or other like rental units under common controlling ownership that comprise a location for assessing the license business tax on the rental of the units, the following factors shall be considered: common management, common signage, common rental account, and site of the units in a compact, contiguous neighborhood. A change in location will require reapplication and payment of a transfer fee as set out in Sec. 39.4.5. The local business tax receipt for the current year issued must be displayed in a conspicuous location within the business. Sec. 39.4.4. Application Registration in writing; affidavit as to basis of license receipt. No license receipt shall be issued except upon written application registration of the person applying for the same, and it shall be the duty of the Alachua County Tax Collector, before issuing a license receipt based wholly or in part upon property valuation, capacity, number of workers, or any other contingency, to require the person applying registering for such a license receipt to file with the Alachua County Tax Collector an affidavit giving full and complete information thereof. Any business, profession or occupation failing to provide information to the Alachua County Tax Collector as to property valuation, capacity, number of workers, or any other requested information prior to August 1 each year and who engages in business on October 1 shall be considered as operating without a license receipt and subject to the penalties provided for herein. The applications registration and affidavits required by this section shall be retained words underlined are additions. Page 4 of 13
as part of the records of the Alachua County Tax Collector. Sec. 39.4.5. Transfer of License. Receipt. a All local business tax receipts licenses, except those issued pursuant to the license tax exemption set forth in subsection 39.4.10(f), may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of ten percent of the annual license business tax but not less than $3.00 nor more than $25.00, and presentation of evidence of the sale and the original license. b Upon written application and presentation of the original license receipt, any license receipt, except one issued pursuant to the license tax exemption set forth in subsection 39.4.10(f), may be transferred from one location to another location in the county, upon payment of a transfer fee as set out in this section. Sec. 39.4.6. Terms of license Receipt terms; due dates for renewals; half-year licenses receipts. a b No license receipt shall be issued for longer than one year. All licenses receipts shall expire on the 30th day of September and shall be renewable on or before September 30 of each year. If September 30 falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following September 30. c Half-year licenses receipts may be issued by the Alachua County Tax Collector under the provisions of this chapter for the period April 1 to September 30th, upon payment of one-half of the tax fixed as the amount for the license receipt for one year. words underlined are additions. Page 5 of 13
Sec. 39.4.7. Penalty for delinquent renewals. Those licenses receipts not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five-percent penalty for each month of delinquency thereafter until paid; provided that the total delinquency penalty shall not exceed 25 percent of the occupational license local business tax for the delinquent establishment. Sec. 39.4.8. License taxes Taxes based on number of workers or inventory; how computed. Whenever the amount of a license business tax shall be based wholly or in part on the number of workers, the number to be used in calculating the amount of the license business tax shall be the average number of workers employed during the preceding license year or business operating period, or the average number of workers reasonably expected to be employed during the period for which the license receipt is to be issued, whichever number shall be the greater. The average shall be obtained by adding the maximum and minimum number of workers for the period for which the average is to be obtained and the division by two of the sum of the maximum and the minimum. The term "workers" includes all persons actively working in the business, whether owners thereof or not. Whenever the amount of a license business tax shall be based wholly or in part on inventory, the cost value of inventory shall be based on the most recent fiscal year end inventory taken prior to June 1 of the year the license is issued. Sec. 39.4.9. Gambling and lotteries, zoning violations not authorized. The issuance of any license receipt under the terms of this chapter shall not be construed to authorize or permit the conduct of any business, occupation or profession in any area of the words underlined are additions. Page 6 of 13
county in violation of the zoning laws or any other ordinance of the county or any municipality or any law of the state; nor shall anything in this chapter be construed to authorize gambling or the operation of a lottery. Sec. 39.4.10. Exemptions. a All disabled persons physically incapable of manual labor, all widows or widowers with minor dependents, and all persons 65 years of age or older shall be allowed to engage in any business, occupation or profession without being required to pay a license tax the local business tax, except for a license receipt to sell intoxicating liquors or malt and vinous beverages, provided they 1 Live in Alachua County, 2 Employ not more than one employee or helper, and 3 Use their own capital only, not in excess of $1,000.00. b Any bona fide, permanent resident elector of the state who is a veteran of any war in which the United States armed forces participated and who was honorably discharged from the service of the United States and who at the time of application for license registration for a local business tax receipt, shall be is disabled from performing manual labor shall, upon due proof of qualifications for exemption, be granted a license receipt to engage in any business, profession or occupation which may be carried on mainly through the personal efforts of the licensee resident as a means of livelihood and for which the license business tax does not exceed the sum of $50.00, or shall be entitled to an exemption to the extent of $50.00 on any license receipt to engage in any business, profession or occupation which may be carried on mainly through the words underlined are additions. Page 7 of 13
personal efforts of the licensee resident as a means of livelihood when the license business tax therefore shall be more than $50.00. The unremarried spouse of the deceased disabled veteran of any war in which United States armed forces participated will be entitled to the same exemptions as the disabled veteran. c College and high school students may, with the approval of the athletic association or proper school authorities, sell the pennants, badges, insignia and novelties of their school without being required to pay a license business tax. d Nothing in this chapter shall be construed to require a license business tax receipt for practicing the religious tenets of any church. e All persons who are full-time employees of the University of Florida, do not have offices off the University of Florida campus, and do not hold themselves out to the public as available for practice of their professions, shall be exempt from the payment of paying the occupational license local business tax. f All persons who conduct their business, profession, or occupation at a permanent business location or branch office located in an area designated as an enterprise zone pursuant to F.S. Ch. 290 shall be exempt from 50 percent of the occupation local business tax levied by this chapter for that permanent business location or branch office. g All persons engaging in or managing a business, profession, or occupation regulated by the Department of Business and Professional Regulation who have paid an occupational license a local business tax for the current year (1) to another county, (2) to a municipality in the state that is outside of Alachua County, or (3) to a municipality within words underlined are additions. Page 8 of 13
Alachua County that is not covered by this ordinance, where their permanent business location or branch office is maintained shall be exempt from payment of paying the occupation local business tax levied by this chapter for work or services performed on a temporary or transitory basis in areas within Alachua County covered by this chapter. h No occupational license business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. Sec. 39.4.11. Businesses Located in an Enterprise Zone. a Any business subject to the occupational license local business tax which exercises its privilege to do business at a permanent business location or branch office in an enterprise zone established pursuant to authority granted by Chapter 290, Florida Statutes, may receive a 50-percent reduction in the occupational license tax levied for the business located in the enterprise zone. b Before a license receipt with the exemption authorized herein may be issued, the applicant person must provide proof to the county that the applicant he or she is entitled to such exemption. Such proof shall be made by means of a statement filed under oath with the Alachua County Tax Collector, which statement indicates that the permanent business location or branch office of the applicant person is located in the enterprise zone within the county. In order to obtain the exemption herein authorized, any business renewing its license receipt must file the words underlined are additions. Page 9 of 13
required proof with its occupational local business tax payment on or before October 1 of the affected fiscal year. Any business failing to timely file required proof and payment will forfeit its right to the exemption for that fiscal year. c Any license receipt obtained with the exemption herein authorized which was procured by the commission of fraud, shall be deemed null and void. Any person who fraudulently obtained such exemption and thereafter engages, under color of the license receipt, in any business, profession, or occupation requiring the license a local business tax receipt is subject to prosecution for engaging in a business, profession, or occupation without having the required license receipt under the laws of the state. d Any license receipt issued with the exemption herein authorized is nontransferable. The exemption authorized by this section does not apply to any penalty authorized in Chapter 205, F.S. e This exemption shall be applicable beginning with licenses receipts issued for the 2001-2002 fiscal year. f No license receipt shall be issued with the exemption authorized in this section for any period beginning on or after January 1, 2006. Section 2. Severability. It is the declared intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. words underlined are additions. Page 10 of 13
Section 3. Repealing Clause. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. Inclusion in the Code, Scrivener s Error. It is the intention of the Board of County Commissioners of Alachua County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Laws and Ordinances of Alachua County, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word ordinance may be changed to section, article, or other appropriate designation. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the County Manager or designee without public hearing, by filing a corrected or recodified copy of the same with the Clerk of the Circuit Court. Section 5. Effective Date. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners, and shall take effect upon filing with the Department of State. words underlined are additions. Page 11 of 13
DULY ADOPTED in regular session, this day of, A.D., 2007. BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA ATTEST: J. K. "Buddy" Irby, Clerk By: Paula M. DeLaney, Chair APPROVED AS TO FORM Alachua County Attorney words underlined are additions. Page 12 of 13
words underlined are additions. Page 13 of 13