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Home My WebLink About1972RICHARD (DICK) STONE SECRETARY OF STATE DEPARTMENT OF STATE STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 March 24, 1972 Honorable Roger Poitras Clerk of the Circuit Court Post Office Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of March 22 and certified copy of St. Lucie County Ordinance No. 72-1, which was officially filed in this office on March 24, 1972. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State By ,f/ o- (Mrs.) Nancy Kavanaugh Acting Chief, Bureau of Laws NK/eh ORDINANCE NO. 72-1 An ordinance authorizing the Board of County Commissioners of St. Lucie County, Florida to offer and pay rewards and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: Section 1. The Board of County Commissioners of St. Lucie County, Florida is authorized to offer and. pay rewards for the arrest and conviction of persons violating any state law or county ordinance~ or regulation Section 2. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that said ordinance has been filed in said office. Passed and duly enacted this ~/~dday of March, 1972. ~hairman ~f the Board of County Commissioners of St. Lucie County, Florida (lerk of the Board of County Commissioners of St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE i, ROGER POITRAS, Clerk of the Board of County Cor~m',issionere of St. Lucie County, Florida do hereby certify tha5 the ~,Oove and foregoing is a true and correct copy of an ordinance du published in the News Tribune on February 28, 1972, ,mn,~ m.._ch has been duly recorded in the Official Minutes of said ~oa Witness my hand and the seal of' said Board ch~ of Yiarck, 1972. ' THE NEW,~ ,~XBUNE Published Daily and Sunday ~ Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personal!y appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribune, a daily newspaper pub- lished at Fort Y~erce in St. Lucie County, Florida; that the attach, ed copy of advertisement, being a ....... ~9...t.~.q.e. ................................... in the matter of ....... .O..c.d.$..n...a..n..e..~..~.9..:....7...2..-..~ ..................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of .......... 2/2.8/72- Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and 'has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first pub- lication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this .. 29th day oi Fob. ~,. o,~ .......... L9..7~...., ............. .................... (SEAL) Notaw Public NOT~V P!;~; .'~' ]T'T- -'7 '~ C'~N,,'~A AT LAR~ · IqO~ICE 1~ Itl~l~Y GIVF_~ ~ me ~m ~ ~ c~- ~r~ of ~ ~e ~un~. 9:~ ~. ~ ~ 21. ~. ~ ~ ~ ~ St. L~i~ ~nt~ ~ ~ Fo~ ~, FI~- ~ ~ ~ enfant of ~ ~o. ~1, a ~9~ ~ ts ~ ~ ~ by ~ made a ~ he~L ~A~ ~s ~ day of ~e~ of ~ ~d of ~ntF ~ of ~. L~le ~, ~o~a ~ ~1~ au~r~ ~e ~ ~ ~ L~e ~nty. Flor- ~ ~ o~ ~d Day ~ ~ an ~e ~ ~ ~A~ BY ~ OF ~. L~ ~- ~sl~s ~ St. ~cle ~. FI~ Is au~ ~ of- ret and ~y ~ r~ ~ ~st ~ ~tl~ of ~ ~o~n~ ~ sm~ law or ~ty ~ ~ ~latlon. ~on ~. ~ls ~n~ ~1 me ~ of ~a~ that Rmm~m~ (I)ICK) STOrm SECRETARY OF STATE STATE OF FLORIDA THE CAPITOL TAILAHASSE E 32304 May 25, 1972 Honorable Roger Poitras Clerk of the Circuit Court Saint Lucie County Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of May 24 and certified copy of St. Lucie County Ordinance No. 72-2, which was filed in this office on May 25, 1972. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State (~s) Nancy Kavanaugh Acting Chief, Bureau of Laws NK/sb ri-i] TamtrN Published Daily and Sunday ~ Except Saturday Fort Pierce, St. Lucia County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersi ty personal!y appeared Marvin De,Bolt. Sibyl B. Hall, ,n oath says that he/she is Publisher, Business Manager of The Tribune, a daily newspaper pub- lished at Fort Y]erce in St. Lu. ~ty, Florida; that the attach, ed copy of advertisement, being a in the matter of Enactment of O~dinance ~.-2 ............................................ in the was published in said newspaper in the issues of Affiant further says that the said News Tribune is a newspaper published at Pierce, in said St. Lucia County, Florida, and that the said newspaper has' been continuously published in said St. Lucia County, Floridal each day except Satl and Nas been entered as second class mail matter at the post office in Fort in said St. Lucia County, Florida, for a period of one year next preceding the pub- lication of the attached copy of advertisement; and affiant further says lie has neither paid nor promised any person, firm or corporation any discount, com- mission or refund for the purpose of securing this advertisement for publ in the said newspaper. Sworn te and subscribed before me NO. 35401 .NOTICE. NOTICE IS HEREBY GIVEN THAT the Bom'al.of ~ missioners of St. Lucia Florida, M., on May 15, 1972, of the St. Lucia Fort Pierce, the enactment of N°. 72-2, the title to Which Is An ordinance Izing the creation and of special Ir service dis- tricts for = lng pm'poses in the unincor, areas, of .St. · Lucia Florida; providing for the special assessments upon the property benefitted by requiring a.n election upon question of creaflag any such and the levy of special prescribing duties of , Commissioners County in relation to the and providing an effec- Ire date. DATED this 20th day of Aprfl~ 1972. (si R°ger.Poffras ROGER POITRAS, Clerk of the BOard of County Commissioners of St. Lucle County, Florida April 24, 1972 i ORDINANCE NO. 72-2 An ordinance authorizing the creation and establishment of special improvement service districts for street lighting purposes in the unincorporated areas of St. Lucie County, Florida; providing for the levy of special assessments upon the real property benefited by such services; requiring an election upon the question of creating any such district and the levy of special assessments; prescri- bing duties of the Board of County Commis- sioners of St. Lucie County in relation to the foregoing; and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: Section 1. Special improvement service districts may be created and established in St. Lucie County under the provisions of this ordinance for the purpose of acquiring, leasing or install- ing street lighting equipment and for the payment of electrical services and current used in the operation of the same. Section 2. Special street lighting improvement districts may be created and established in unincorporated areas in St. Lucie County under the provisions of this ordinance. The proceedings for the creation and establishment of any such district shall be as follows: (1) There shall be filed with the Board of County Com~mis- sioners of St. Lucie County, hereinafter called the Board, a petition for the creation of such district and for the levy of special assessments under the provisions of this act to pay Lhe cost of the improvements and special services to be furnished by such street lighting district. Such petition shall be signed by the owners of more than 50% of the lots within the boundaries of the proposed district. Opposite each such signature there shall be inserted the post office ~caress and a brief reference to the real proper'cy within the proposed district which is owned by such signer. For the purposes of such petition, the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife. The rights of mortgagees and lienors shall not be considered. Such petition shall aisc set forth: (a) The proposed boundaries of the district, which shall not include any territory within the corporate limits of any munici- pality, and a request that a s~ecial street lighting improvement service district be created and established under the previsions ef this ordinance embracing the territory within such boundaries; (b) A brief description of any improvements te De acquired, leased, or lhsual±ed aped an estimate of the cost thereof (2) Upon receipt of any such petition, the board shall refer the same te the Tax Assessor of the county. At the earliest practicable date, the Tax Assessor shall examine such petition and indicate thereon any sig'ners who are not owners of real prep- erty in the proposed district and file with the board a report setting forth the total number ef lots within the boundaries ef the proposed district and the number thereof whose owners signed such petition. (3) if such reports shall show that the petition has been properly signed, the county administrator shall make or cause to ~.~.nc in ........ ~tions as he may deem necessary '--~ made S~Id'h :%;'~lrveys ", ~ ~,:c.e{ and t2~(~re~sao:~ flJ.~e with t}~c: bos~rd his report, accompanied by a {a) The boundaries ef the proposed district as set forth in the petition and his recom~aendatiens as te any territory within such boundaries which should be excluded from the district because of the disproportionate cost ef providing for such eerri- tory -the improvements er special services petitioned for er for any ether reason; {b) The iocatien er locations of ally improvements to be acquired, leased er installed; {c} His estimate ef the c©st ef such improvements; and, (d) His estimate of the annual expense ef operating any such improvements and of providing such a~pecial services. {4) If it shall appear te the board from such report of the county administrator and from such other investigations as the heard may make or cause te be made, that the improvements and services petitioned for weuid be ef special benefit te all real property within the proposed district and that the cost of provi~ of such special benefit, Lbo board shall, fix Oho place and hue date and hour for a public hearing, and publish once in a daily newspaper published and having a general circulation in tNe county a notice stating that a meeting ef the board at such place and at such date and hour, not earlier than ten (10) days from the date of r~eh publication, the hoard will hear anp objections of inter- ested persons te the granting ef such petition, which notice shall set fetch, a copy of the petition, excluding signatures, and brief s~r~-~aries of the report ef the Tax Assessor, and of the report and rocor~mondations of the county adminishraeor. {C) Ah the time aL~d place slaked in such notice, er a-~ the time to which an adjournment may be taken by the board, the board shall receive and hear any objections of interested persons to the creation and establishment of the proposed district, the boundaries thereof, the special services to be provided, any improvements to be acquired, leased or installed, or the levy of special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the board under the provisions of this ordinance. The board may then or thereafter grant such petition with such modifi- cations, if any, as it may deem advisable and which do not enlarge the boundaries of the district or change the general type or character of the improvements or special services to be provided. All such objections shall be made in writing, in person or by attorney, and filed with the board at or before the time or adjourned An such objections not so made shall be time of such hearing. considered as waived. (6) If the Board shall, after such hearing, find (1) that the improvements and special services to be provided shall be of special benefit to all real property within the boundaries of such district, (2) that the cost of providing such improvements and services shall not be in excess of such special benefits, (3) that the apportionment of such cost by the levy of special assessments\ on all real property in the district, including homestead, on an ad valorem basis would be in proportion to such benefits and (4) that the creation and establishment of such district would be in the eublic interest, it shall adopt a resolution reciting the proceedings heretofore taken and providing for the crcation and estabiJshment of the district. Such resolution shall set forth the following: (a) The name or designation by which the district shall be known, such as "Special Improvement Service District No. of St. Lucie County, Florida"; (b) (c) (d) in order to provide for such special services, a brief description thereof and the amount of cost of such improvements and the estimated amount required annually to pay the cost of operating such improvements or if no improvements are to be acquired, leased or-installed the estimated annual cost of providing such special services. The boundaries of the district; The special services to be provided in the district; If any improvements are to be acquired, leased or installed The maximum annual assessment per $1000 or fraction there- of of assessed value on all real property in the district, includin~ homesteads, that will be necessary to finance such special services. Such resolution shall also provide for the calling and holding of a special election in the district at which there shall be sub- mitted to the qualified electors residing in the district the preposition whether such district shall be created and established and the improvements and special services set forth in such resolution financed as therein provided. A copy of such resolu- tion shall be set forth in the notice of such special election. Such special election shall be called, noticed and conducted and th~ re~uit thereof determined and declared in such manner as rnay ba provided by thc board, and n~ay be ]%eld at the same time t]~-~t any gcnc~ai or pri~a~ry election is held or ~t any other time as shall be fixed by the board, anything in any law to the contrary notwithstanding. The question submitted shall be substantially in the following form: "Shall Special Improvement District No. of St. Lucie County, Florida, be created and established and the improvements and special services set forth in resolution adopted by the Board of County Commissioners of St. Lucie County on 19 , be financed as provided in said resolution?" Section 3. If a majority of the votes cast at such election by qualified electors residing in the district shall approve the proposal submitted at such election~ the Board shall adopt a resolution validating and confirming the creation of said district and authorizing the levy of such special assessments. Section 4. After the adoption of the resolution as provided for in Section 3 of this ordinance the board shall enter into such contracts and agreements with any public utility companies as the board may determine are necessary to provide the special services for which the district was created. Section 5. In each year'before the levy of county taxes the board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become avail- able for such purposes to pay the expenses of furnishing the special services for which the district was created, and the amount so determined shall be specially assessed upon all real property within the district (including homesteads) in proportion to the assessed va!uaticn of such real property. Such special assessments shall be e:~tend, cd and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same _ ~ ~s,bear interest, be subject to penalties, and be ~reated -Cite same as county taxes. The proceeds ef such special assessments shall, when collected, be deposited with such deposi- tories as shall be designated by the board and applied only to the purpose or purposes for which they were assessed. Section 6. The board, is authorized and empowered te approp- riate and advance from its general fund the moneys to pay the expenses necessary prior '~e the creation of any district and the receipt ef districh funds in order te accomplish the purposes of th~s ordinance ~'~ ' . ~-~_ter any district is created the moneys so advanced shall be repaid to the general fund from district funds made available under Secnion 5 of this ordinance. Any moneys so advanced and expended toward the creating of any district but resulting in such districh not oe~n~ created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. Section 7. The previsions of this ordinance are severable, and it is the intention te confer ~ wheie or any par~ of the powers herein provided for, and if any ef the previsions ef ~his ordinance shall be held uncons'aitutienal by any court of competent jurisdiction, the decision ef ' ' court shall no~ affect or impair any of the remaining provisions ef this ordinance. Section 8. This erdznance sn~z take effect upon receipt ef ~.jJ_zJ_~l-=~--'al ecJ{new!edgment--~ from the office ef the Secretary of Stake that said ordinance has ~}een filod in said office. ~L~sod anQ dUly onac~em this day of N~a,l, 1822. Com?;~:is:-;i.oncrs of St. Lucie CourtLy, F i',_ o r S.LAI_~' ~ .... "-' OF F!_,ORiDA COUN'PY OF ST. LUCiE - C~erk oK Board of County Com~is- Y, ROGER POi'P!~IS, abe sioners of St. Lucie County, Florida do hereby certify that the above and foregoing is a true and correctcopy of an ordinance duly published in the News Tribune on May 5, 1972, and which has been duly recorded in the Official Minutes of said Board. Witness my hand. and the seal of said Board this ~~ day of May, 1972. Ro~tras, Clerk of ~he Board of County Co~missioners of St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE THE NE' 'TRIBUNE Published Daily and Sunday Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a...n.o..t.~.~?...o.~. ~..a.~.~.n.~ ......... in the matter of street lighting petition was published in said newspaper in the issues of .......... 3/3/82 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said ~t. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next prece~i.'ng the first publication of the attached copy of advertisement; and aifiant further says that he has neither paid nor prommed any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me Th~s' ................ 3rd aay' of ........... MAR ].~ (,/~,. ~ ........... BONDZD THRU GF.N/RAL INS. UNDF. RWRITERS NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida, pursuant to the provisions of Ordinance No. 72-2 of St. Lucie County, as amended, will hold a public hearing in Room 102 of the St. Lucie County Administration Building at Fort Pierce, Florida, on Tuesday, March 16, 1982 on the following petition: "PETITION FOR THE CREATION OF A SPECIAL STREET LIGHTING IMPROVEMENT DISTRICT AND THE LEVY OF SPECIAL ASSESSMENTS (Paradise Park Street Lighting District) February 2, 1982 TO: THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA We, the undersigned owners of property within the boundaries of the proposed district, hereby petition the Board of County Commissioners of St. Lucie County, pursuant to the provisions of Ordinance No. 72-2 of St. Lucie County, as amended by Ordinance No. 75-2, to create a special street lighting improvement district and to levy special assessments to pay the cost of the improvements and special services to be furnished by such street lighting district. The proposed boundaries of said district are: Canal No. 1 of the Fort Pierce Farms Water Management District, Canal C-25 of the South Florida Water Management District, and North 25th Street. The improvements to be leased are: Seven (7) 250 watt, and seventy-six (76) 100 watt high pressure sodium vapor lights and the necessary poles. The annual cost of said improvements is estimated to be $15,700 for the first year which will drop to $9,100.00 thereafter. The first year's cost will include the election cost, the reserve set-up cost and the contingency cost, all of which will occur but once." The Property Appraiser of St. Lucie County has filed a report with said Board setting forth that there are 511 owners within the boundaries of the proposed district and that 130 lot owners have signed the above petition. The County Administrator of said County has filed a report with said Board setting forth: "(a) (b) (c) (d) The boundaries of the proposed District are: Canal No. I of the Fort Pierce Farms Water Management District, Canal C-25 of the South Florida Water Management District, and North 25th Street. No territory within said boundaries should be excluded from the District because of the disproportionate cost of providing for such territory the improvements or special services petitioned for or for any other reason. Proposed improvements consist of seven (7) 250 watt and seventy-six (76) 100 watt high pressure sodium vapor lights and the necessary poles to be installed at the locations shown on the map by lease agreement with the Fort Pierce Utilities Authority. The estimated rental cost of the improvements is Seven Thousand Nine Hundred Forty Dollars ($7,740) annually. The estimated cost of initially providing the improvements and the estimated annual expense thereafter is as follows: Item Election Cost Special Installation Cost Rental Cost Assessment & Collection Cost @ 6% Cash Reserve Contingency All. for Unpaid Taxes g 5% *For 12 month period Initial Cost* Annual Cost $ soo $ - 5,100 - 7,940 7,940 942 546 200 - 233 159 785 455 $15,700 $9,100 At said hearing the Board will receive and hear any objections of interested persons to the creation or establishment of the proposed district, the boundaries thereof, the special services to be provided, any improvements to be acquired, leased or installed or the levy of special assessments therefor, or to any defect in the petition or the proceedings heretofore taken, or which question any of the powers of the Board under the provisions of said Ordinance No. 72-2, as amended. Any such objections not so made shall be considered as waived. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By Chairman PUBLISH: PROOF & BILL: TO: FROM: RE: DATE: MEMORANDUM Board of County Commissioners County Administrator PROPOSED SPECIAL IMPROVEMENT SERVICE DISTRICT PARADISE PARK STREET LIGHTS February 18, 1982 Presented herewith is a copy of a map showing the boundaries of the proposed Special Improvement Service District for Paradise Park Street Lights, all as set forth in a petition for creation of the District filed with you February 2, 1982, and as described in a report by the Property Appraiser filed with you February 16, 1982. In accOrdance with the provisions of Ordinance No. 72-2, as amended by Ordinance No. 75-2, I have made the following determinations: (a) The boundaries of the proposed District are: Canal No. I of the Fort Pierce Farms Water Management District, Canal C-25 of the South Florida Water Management District, and North 25th Street. No territory within said boundaries should be excluded from the District because of the disproportionate cost of providing for such territory the improvements or special services petitioned for or for any other reason. (b) Proposed improvements consist of seven (7) 250 watt and seventy-six (76) 100 watt high pressure sodium vapor lights and the necessary poles to be installed at the locations shown on the map by lease agreement with the Fort Pierce Utilities Authority. (c) The estimated rental cost of the improvements is Seven Thousand Nine Hundred Forty Dollars ($7,740) annually. (d) The estimated cost of initially providing the improvements and the estimated annual expense thereafter is as follows: Item Initial Cost* Annual Cost Election Cost Special Installation Cost Rental Cost Assessment & Collection Cost @ 6% Cash Reserve Contingency All. for Unpaid Taxes @ 5% $ 5OO 5,100 7,940 942 200 233 785 7,940 546 159 455 *For 12 month period $15,700 $9,100 Page 2 If it appears that the improvements would be of special benefit to all real property within the proposed District and that the cost of providing such improvements would not be in excess of such special benefit, I recommend that you authorize advertising for a public hearing to be held at 9:00 A.M., Tuesday, March 16, 1982, in the Commission meeting room. Weldon B. Lewis WBL/iw cc: Mrs. Mary Smith, 1512 Valencia Ave. County Attorney mnan.ce' mission Secretary TI-IE NEW£ 'RIB~ Published Daily and Sunday -- Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUClE Before the undersigned authority personally appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribmne, a daily newspaper pub- ]ished at Fort Fierce in St. Lucie County, Florida; that the attach- ed copy of advertisement, being a ...... N.al;i.ce .................................... in the matter of ...O..r...d..i..n..~.n...c..e.....N..9.:....7..2...-.~. ........................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of ..5~.2~3/.7.2 ......... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and 'has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first pub- lication of the attached copy of advertisement; and affiant further says that lie has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swnrn to and subscribed before me 2~th May this ....................... day of .................................... GENERAL INSU[IAr,~(;{; UNOERWRI]'ERS NO. 25518 NOTICE NOTICE IS HEREBY GIVEN thet the Board of County Com- missioners of St. Lucia.' Coupty, Florida, will at Its meet(rig ~t 9:00 A. M., on June 13, 1972 in Room 203 of the St. Lucle County Coui'theuse at Fort Pierce, Florida consider the enactment of Ordinance No. 72-3, a copy of which i~ attached berate and by reference medea part hereof. DATE D this l~tll day of May, ~72. (S) Roger Poltra$ Roger P~ltres Clerk of the Beard of County C0mmissioners of St. Luci~ County, Fterida ORDINANCE NO. 72~3 - .'An . ordinance, relating to occupational license taxation; authorizldg St. Lucia CoUnty to levy occupational' license faxes; providing an effective date. BE IT ORDAINED aY THE BOARD OF , COUNTY COMMISSIONERS OF ST. LUClE COUNTY: Section 1. St. LUCleCounty hereby levies en occupatlonel license tax end authorizes the issuance of oc- cupotlonel licenses as eutberized'by the provisions of Chapter 72 - 20~; General Laws of Florida. Section 2. The classification for the measurement of the tax and the tax itself shall ~e the sams ss was authorized under the provisions of Chapter 205, Flortda Statutes, aslt existed in law prior to April 24~ 1972. Section 3. This ordinate shall take effect UPOn receipt of elflclal acknowledgment from the Office of the Secretary of State that said or- dinance has been filed In $eld office. May 23, 1972 .~EC:I~I£TAI~Y OF STATE June 14, 1972 Honorable Roger Poitras Clerk of the Circuit Court Post Office Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of June 13' and certified copy of St. Lucie County Ordinance No. 72-3, which was filed in this office on June 14, 1972. As you may know, copies of occupational license tax ordinances must also be filed with the Department of Revenue before: becoming effective, under the provisions of Chapter 72-306. Therefore, we are enclosing a copy of this ordinance showing the filing date for your use. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State NK/eh (Mrs.) Nancy Kavanaugh Acting Chief, Bureau of Laws Enclosure ORDINANCE NO. 72-3 license relating to occupational An ordinance St Lucie county to taxation; authOrizing ' providing an leVY occupational license taxes; · date - effect~ye COMMIssIoNERS OF ,E IT oRDAINED BY TtIE BOARD OF COUNTY COUNTY: Section 1. license tax and as authorized by the St. Lucie county hereby authorizes the issuance of Chapter provisions of Florida- Section 2. The classification itself shall be the tax and the tax the provisions of chapter 205, Florida in law prior to April 24, 1972- ST. LUCIE levies an occupational of ocCUpational licenses 72-306, General Laws for the measurement of the same as was authorized under as it existed statute s, Section 3. This ordinance shall take effect upon receipt of official acknowledgment from the office of the secretary of State that said ordinance has been filed in said office' passed and duly enacted this ~ day of June, 1972- · ~ the Board o chairman of = c+ Lucie County, Commissioners Florida commissioners . Lucie county, Flor ida STATE OF FLORIDA coUNTY OF ST. LuCIE I, ROGER PoITRAS, clerk of the Board of County commis sionerS of St. Lucie County, Florida do hereby certifY t? the above and foregoing is a true and correct copY of an ordinance duly published in the News Tribune on May 23, 1! and which has been duly recorded in the official Minutes' said Board- Witness my hand and the seal of said Board this /_~ June, 1972. ~ er Poitras, ~ ..... county Conunissioners of St. Luc County Florida ~ TI-I~ NEW£ Published Daily and Sunday ~ Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personal!y appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribu~e, a daily newspaper pub- lished at Fort F~erce in St. Lucie County, Florida; that the attach, ed copy .of advertisement, being a .......... .N...o.t...i..qp ................................ in the matter of ...... C}rdinan.c.e....~.o. ..... 7..2..-..~ ....................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of .... 9/.1~./..72 ....... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and ~aas been entered as second class mail matter at the post office in Fort Pierce, · in said St. Lucie County, Florida, for a period of one year next preceding the first pub- lication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to ami subscribed before me t~. l~th. .~ Sept. rll~ ....................... oay o ........................... ...(~ .... /'% ·, (SEA~ ~ ' Nota~ Public NO. 25807 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com- missioners of St. Lucie County, Florida, will at its meeting at 9:00 A. M., on Octbber 3, 1972 in Room 203 of the St. Lucie County Courthouse at Fort Pierce, Florida consider the enactment of Ordinance No. /2-4, a copy of which is attached hereto and by reference made a part hereof. DATED this 12th day Of October, 1972. (S) Roger Poitras Roger Poitras Clerk of the Board of County Commissioners of St. Lucie County, Florida ORDINANCE NO. 72-4 An ordinance prohibiting the parking, leaving or placing of cer- tain motor vehicles on the right of way of any public road in the un- incorporated areas of St. Lucie County; providing a penalty for the violation of said ordinance and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: Section 1. No person as defined in Section 1.01, Florida Statutes, shall park, leave or place any motor vehi- cle on the right of way of any public road in the unincorporated areas of St. Lucie County for a period of more than twenty-four (24) hours Ullli~s, ~a) it is in operating condition, (b) it bears current license plates and (c) it bears current inspection decal. Section 2. Any person violating any provision of this ordinance shall upon conviction be punished by a fine not to exceed s500.00 or by imprisonment in the County Jail of St. Lucie County not to exceed 60 days or by both such fine and imprisonment. Section 3. This ordinance shall take effect upon receipt of official acknowledgment from the office of the Secretary of State that said or- dinance has been filed in said office. Passed and duly enacted this day of , 1972. Sept. 14, 1972. · '-' ~. :~ ORDINANCE NO. 72-4 .~- ~·~-. . . .- ~:. An ordinance· prohibiting the Cl~rk of the Board of County · Commissioners of St. Lucie County, Florida parking, leaving ~, '" · or placing of certain motor vehicles on the ........ ; '·: right of way of any public road in the unin- . '~ '".'~'<·'. ...."~: " "corporated areas of St Lucie County; providing .... a penalty for the violation of said ordinance "· ' ~-~'-:; ~" and providing an effective date " " ~ · "-? "~.'':'BE IT ORDAINED 'BY. THE BOARD OF COUNTY'COMMISSIONERS OF ST. LUCIE :" ':'- '~' ·· Section 1 No person as defined in Section 1.01, Florida .._.:..'·--~,. , Statutes, shall park,- leave or place any motor vehicle on'.the ? ~..;- ~.~'""right of way of any public road in the unincorporated areas, of : .:~:,?.~,'.~.·~ St. Lucie County. for a period of more than twenty-four (24) hours " : .':~'.~' unless. (a) it is in operating condition, (b) it bears current~ ~:".~.~?'..~::'"'license plates and (c) it bears, a current inspection decal '""' · -.. · ~:·" '.Section 2. Any person violating any provision of this ' ..'-/~-:: .·.,ordinance shall upon conviction be punished by a fine not to ,· ~..- ' ~ :" ' -'.'~ ".-' 21-":' ' -"i -:-.- · .~.:--.. ~. '.'".~ .exceed $500.00 or by imprisonment in the County Jail of St ' '~'~ .' · ''~*Lucie County not to exceed 60 days or by both' such fine and -.......:%·..;.,..imprisonment.. -. · ' . .,. ' ...... ., i.:', "':- ' .,~.· Section 3. This ordinance .shall take effect upon receipt of ...'-"-.~official. acknowledgment .from tho~ office· . of the Secretary of State ? ·. that said ordinance· as been:?fi ed':in said office' '/ '""' '...' :'.'~ .. % :~..-~ .. .'"': .'.~, ..Passed. ~-.and. dulyI. , , ena~'~ed ?thi's. . ~ ~ay', , , .~f~ /~,'~ ~,,~ ,, ,, 1972. 'i'.: : .... '-[ ,, ...e,.. .... ~,' . '.'.;'. ..,..~. , ' .... · ' . /~_ . . ', , , , J ,. . . .... .,.,.,.., ,.,...,...., .... ..,,. . - ._ .... · ., , '"-'-'.'~ - .~ .-- -. -Chairman of the Board of Counter .... Commissioners of St. ~ucie County, -'' ' ~"~.~,~_~. '. ':~'.- Florida um~m~ (tacit) S~o~ SECRETARY OF STATE STATE OF FLORIE)A THE CAPITOL TALLAHASS E E 32304 October 6, 1972 Honorable Roger Poitras Clerk, Board of County Commissioners St. Lucie County Post Office Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of October 5 and certified copies of St. Lucie County Ordinances Nos. 72-4 and 72-5, which were filed in this office on October 6, 1972. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State (Mrs.) Nancy Kavanaugh Acting Chief, Bureau of Laws NK/eh Published Daily and Sunday ~ Except Saturday Fort Pierce, St, Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUClE Before the undersigned authority personal!y appeared Marvin De.Bolt. Sib.vl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribtme, a daily newspaper pub- lished at Fort Fierce in St. Lucie County, Florida; that the attach, ed copy of advertisement, being a ........ ~Io.t±~e ................................. in the matter of ..P...r.d$~.a.n...c..e.....N..9..,...Z~.._.~. .......................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of ..... 9~-15~.7.2 ...... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first pub- lication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. S;,~orn to ar~l subscribed before me this ........ ~.~.t...h. ..... day of MYCOMMI.SStON L,~,p:~.,,::~. ,J'tl 13. 1975 GENEIiAL INSUf{Ar,~CE UNDERWRI [FRS NOTICE IOTICE I$ HEREBY GIVEN THAT the BOard of , ?mmissioners of St. Lucie County, Florida, will at its meet ng A.M., on October 3, 1~72, in Room 203 of the St. Lucle County Cour at Fort Pierce, Florida, consider the enactment of Ordinance No. ?', title fo which is as follows: An ordinance relating to occupational license taxes in prohibiting any person from engaging in or managing any bu~ profession or occupation unless a county license shall have been pr( from the county tax col ector; establishing classifications of occup and license taxes for each; providing exemptions; providing proce( providing for penalties and enforcement; prohibiting violatio~ making same a misdemeanor; providing ~or levy upon far personalty for collection of delinquent license taxes; and providi effective date. CLASSIF CATION AND RATES Wholesale Farmers Produce N~arket .......................... $ Packing, Processing or Canning Agricultural Products not grown bY Licensee: For each place of bus ness ............. Plus, for each five employees ....... ' ...................... ~aximum Advertising Spa~'e' ~'~r;i;~l;~ ~1 ....................................... For each boat, car, bus, truck or other vehicle ........................ Amusement Devices - For each .................................. game, amusement or recreational device, contrivance or facility .................. Hotels, apartment hotels, motels, etc.: ....................... *'" For each room ........................................... ~inimum ........................ ....................... Cemeter es mauso eums, etc. - for each place of business .................................. Circuses frave ng shows, tent shows, etc.: .. For,each day ............................................... For each side show per day .................................... 1 Traveling medicine shows - per day .............................. Cafes, restaurants and other eating establishments: 0-30 seats ......... 31-74 seats . ' .......................................... 4 150 or more seats .............................. Drive-in restaurants in add tion to the above ......... ' ............ 6 Contracting: 3 For 1-10 employees ......................................... For 11-20 employees ....................................... For 21-30 emp oyees .......................................... For 31-40 employees ......................................... For 41-50 employees ........................... _For 51-100 employes .. - .............. r-or 101-150 emp ovees ..................................... For 151-200 employees ....................................... 30~ For 201 or more emp oyees ................................... 375 Dance halls, variety exhibitions, etc.: For annual license ........ · .......... For one night only ........ ' ...................... 150 Electric power plants, gas plant;.'~ ~i~ .................. 75 television antenna companies .................................... 150 Immiorant or labor aaeats . Fortune tellers, c airvoyants, et~:' .................... ~ ........ 1~00. ,~Uar~nq.e ~djuster~ ... · ..................... ~ ........ $ .150. pMetal proceSsOrs.;;;;..;;;;;;;;;. ' ........................ Junk Dealers ........................ Junk Deelers, Trave lng ........... ' ........................... 50: Llquified petroleum gas; distributors, 15.~ Instellers and manufacturers: ./Vtanufac_furer. of aPPliances and ORDINANCE NO. 72-5 An ordinance relating to occupational license taxes in St. Lucie County; prohibiting any person from engaging in or managing any business, profession or occupation unless a county license shall have been procured from the county tax collector; establishing classifications of occupations and license taxes for each; providing exemptions; providing procedures; providing for penalties and enforcement; prohibiting violation and making same a misdemeanor; providing for levy upo~ tangible personalty for collection of delinquent license taxes; and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. For the purpose of this ordinance, the following words 'shall have the meaning indicated: (1) The word "person" means any individual, person, firm, partnership, corporation, association, executor, administrator, trustee, joint adventure, estates, trusts, business trusts, syn- dicates, fiduciaries, and all other business groups or combinations. (2) "Charitable or benevolent purpose" means the activities of a person, individual, corporation or organization conducted for the · benefit of an .indefinite number of persons to bring them under the influence of education or religion, relieve them from disease, suffering or constraint, assist them in establishing themselves in life, or to erect or maintain public works. (3) "Local entertainer" means an entertainer who is a perma-' nent resident of, or maintains a permanent place of business in this state. (4) "Taxpayer" means any person liable for taxes imposed under the provisions of this ordinance, any agent required to file and pay any taxes imposed, hereunder, and the heirs, successors, assi- nees and transferees of any such person or agent. (5) "Classification" means the method by which a business or group of businesses is identified by size or type or both. (6) "Department" means the department of revenue. (7) "Business", "profession" and occupation" do not include the customary religious, charitable or educational activities of non- profit religious, nonprofit charitable and nonprofit educational institutions in this state; which institutions are more particularly defined and limited as follows: (a) "Religious institutions" shall mean churches and ecclesi- astical or denominational organizations, or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries. (b) "Educational institutions" shall mean state tax-supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by membership in the Southern Association of Colleges and Secondary Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. (c) "Charitable institutions" shall mean only nonprofit corp- orations operating physical facilities in Florida at which are pro- vided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. Section 2. Local occupational license taxes -- No person shall .engage in or manage any business, profession or occupation in St. Lucie County for which an occupational license tax is required by this ordinance, unless a county license shall have been procured from the tax collector for St. Lucie County. Such license shall be issued to each person upon receipt of the amount hereinafter provided or as may be otherwise provided by law. Furthermore, fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection, shall be deemed to be regulatory and in addition to and not in lieu of any occupational license required by this ordinance or other law unless otherwise expressly provided by law. Section 3. Occupational licenses: Due date and delinquent, penalties-~ (1) All licenses shall be sold by the St. Lucie County tax collector and shall be due and payable on October 1 of each year and shall expire on September 30 of the succeeding year. (2) ~hose licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of ten per cent (10 per cent) for the month of October, plus an additional five per cent (5 per cent) penalty for each month of delinquency thereafter · until paid; provided that the total delinquency penalty shall not exceed twenty-five per cent (25 per cent) of the occupational license for the delinquent establishment. In addition to the penalty, the tax collector shall be entitled to the following collection cost fee, based on original license plus penalty, which shall be collected · from delinquent tax payers at the same time of the'payment of license tax and penalty: $ 4.99 or less 5.00 - 9.99 10.00 -14.99~ 15.00 -19.99 20.00 or more $1.00 2.00 3.00 4.00 5.00 (3) It shall be the duty of every person taking over or pur- chasing an existing business, which is required to be licensed under this ordinance, to notify the tax collector of the county within thirty (30) days. 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 trnsfer fee of three dollars ($3.00) pro- vided there is a bona fide sale of the business. The new owner must present such evidence 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 within the same county with the approval of the tax collector and a transfer fee of three dollars ($3.00). Such transferred license shall be of the same force and effect and for the same period' as the original license. Section 4. Applications -- No license shall be issued except upon written application of the person applying 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 employed, or other contingency, as the case may be. The applications and statements required by this -2- .~oction shall be retained as a part of the records of the tax collector's office° Any person who, in 'applying to the tax col- lector for a license based upon capacity, number of pmrsons em- ployed, or any other contingency, shall muke a false statement 'of capacity, number of persons employed, or other contingency, shall be deemed guilty. of a misdemeanor and punished accordingly. Section 5. Display of License -- ~ne tax collector shall fill ou~ and sign each license before issuing the same to the person paying the amount therefor. ~e tax collector sbail° 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 ~o the view of the public and subJec~ to the inspec~ion of all duly authorized officers of the county. Section 6. Disposition of taxes collected and report to Revenue Department -- (a) The revenue derived frora the occupational license tax, ex- clusive of the costs of collection, shall be apportioned bet~;een the unincorporated area of the county and' the incorporated munici- palities locsted therein by a ra~io derived by dividing their respective populations by the population of the county. (b) The revenues so apportioned sh~ll be sent to the governing authority of each municipality according to its ratio and ~o the governing authority of the county according to the ratio of the unincorporated area within 'fifteen (15) days following the month of receipt° (c) The tax collector shall repor~ to the department monthly on such forms prescribed and provided by the department the amount of tax received by class and the apportionment of such tax becween the local governing authorities within said county. Section 7. Method of collection of delinquent license tax -- -. Whenever any per,on who is subject to the payment of a license or privilege tax provided by th!~ ordinance shall fail to pay same when due, the tax collector in person or by deputy appointed by him fqr that purpose ~hall levy upon and seize tangible personal property of the delinquent taxpayer for unpaid occupational license. When tangible .personal property shall be levied upon for any de- linquent occupational license a~ provided for .in this ordinance, the tax collector or his deputy shall give public notice of the time and place of sale and the property to be sold at least fifteen (15) days previous to the sale by advertisement, to be posted in at least three (3) public places in the county, one of which shall be at ~he courthouse-door, and the property shall be sold at public auction at the courthouse door, and the property sold shall b~ present if practical; but at any time previous to the sale the owner or claim~-~nt of such property may release the same by the paymen~ of ~be taxes plus delinquency charges and interests a~-~d costs for which the same be made as aforesaid, the tax collec(:or shall be entitled to the same fees and charges as are allowed sheriffs upon execution gales. If the property levied upon shall be sold for more than the amount of the occupa- tion. al license, delinquent charges, interest, costs and collection fees, the s~rpius shall be returned ~o the person in w}~ose pos- oes~ion the said property was when tile levy was made u' to the owner of the property. -3- Sec,t~ion 8. Lottery arid gambling not authorized c -- No provision of this ordinance shall be construed to authorize gambling or 'the operatio~ of a lottery. Section 9. Ezemption allowed cripples, invalld~, aged, etCo -- (1) All confined cripples or invalids physically incapable of manual labor, wid~,~s wi~h minor dependents, and persons six,y-five years of age or older, with no~ more than one employe or helper ~nd who use their c~n capital only, no~ in excess of one thousand dollars, shall be allowed to engage in any business or occupation, provided they reside in st. Lucie County,without being required to pay for a license; except that this exemption shall no~ apply to any of the occupations specified in Sections22 and 25. ~e exemp- tion provided by this section shall be.allowed only upon the certi- ficate of the county physician, or other reputable physician, that. the applicant claiming the exemption is a confirmed cripple or in- valid, the nazure and extent of the disability being specified therein, and in case the exemption is claimed by a wido~ with minor dependents, or a person over sixty-five years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (2) In no event shall any person be allowed any exemption what- soever from the payment of' any amount required by law for the is- suance of a license to sell' intoxicating liquors, malt and vinous beverages; or for the operation of any slot machine: punch board or any other gaming or gambling device. Section 10. Exemptions allowed disabled veterans of any war, or their unremarried widows -- (1) Any bona fide, permanent resident elector of the state who served as an officer or enlisted man in the United States army or army reserve, national guard, United States navy or naval reserve, United Sta~es coast guard or coast guard reserve, United States marine corps or marine corps reserve, or any temporary members · thereDf, who have actually .been or.may hereafter be reassigned by t. he army, navy~ coast guard or marines to active duty, during any war, declared or undeclared armed conflicts, crises, etc. since the Spanish - American war, beginning April 21, 1896, who was honorably discharged from the service of =he ~nited States, and. who at the time of his application for license as hereinafter mentioned shall be disabled from performing ~anual labor, shall upon sufficien~ identification, proof of being a permanent resi- dent elector in the state and production of an honorable discharge from the service of the United States during the aforesaid period of time, respectively, be granted a lice~se to engage in any business or occupation in the state which may be carried on mainly throush the personal efforts of the licensee as a means of liveli- hood a[~d for %~hich ~he license does not exceed the sum of $50.00. ~e exemption heretofore referred to shall extend to and include the riL, h~ of licensee to operate an automobile for hire of not exceediru.'~ fiv~ p~sscu;~cr capacity, includiug the driver, when it shall be ~.~de uo appear tha~ such automobile is bona fide owned, or con~ractcd to be purchaned by licensee and is being operated by him as a mcano of livelihood and that the proper license tax -4- ~'or the operation of such motor vehicle for pr£vate use has been applied for and a~,acbed to said motor vehicle and the proper fees therefor paid by the licensee. (2) When any such person shall apply for a license to conduct any business or occupation for which license' fee shall exceed the sum of $50.00, the rem.mtnder of such license tax in excess of ~.,$50.00 shall be .paid by him in caah. .... (3) Such license when issued shall be marked acroas the face thereof '~Veterans Exempt License" - "Not Transferable." Before issuing the same, proof shall be duly made in each case that the · applican~ is entitled under the conditions of this law to receive the exemption herein provided for. The proof nmy be made by establishing to the sa~isfaction of the tax collector by means of certificate of honorable discharge or certified copy thereo~ that he is a veteran within the purview of this-section and by ex- hibiting: ' (a) A certificate of government-rated disability to an ex- tent of ten per ce,'~t or more; (b) The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the appli- cant is disabled from performing manual labor as a means of liveli- ·hood; (c) The certificate of the veteran's service officer of the county in which applicant .lives, duly executed under the hand and *seal of the chief officer and secretary thereof, attesting the · fact that the applicant is disabled and entitled to receive a license within the meaning and intent of this section; (d) By the production of a pension certificate issued to " him by the United States by reason of such disability; or ' (e) Such o~her reasonable proof as may be required by the ~tax collector to establish the fact that such applicant is so disabled. All licenses issued under this section shall be in the same general form and shall expire at the same time as other county occupational licenses. (4) In no event shall any veteran be allowed any exemption what- soever from the payment of any amount required by law for the , issuance of a license to sell intoxicating liquors, mal~ and vinous beverages; for the operation of any slot machine, punch board or any other gaming or gambling device; or for any of the occupations specified in Sections 22 and 25. . ._ (5) The unremarried widow of the deceased disabled veteran of any war in which the United States armed forces participated will be entitled to the same exemp.tions as the disabled veteran. Section 11. Farm, grove, horticultural, floricultural, tropical piscicultural and tropica! fish farm products; certain exemptions-- (1) All farm, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products and products manu- factured therefrom, except intoxicating liquors, wine, or beer, shall be exempt from license tax when the same is being offered for sale or sold by the farmer or grower producing said products. ~.The management of wholesale farmers produce market shall have the right to pay a license tax of $200.00 that will entitle.its stall tenants to deal in agricultural and horticultural products without obtai~.~ing individual licenses, but individual licenses shall be requircd of' ouch tcaants unless such license is obtained for the market. .......... Ifil ..... ' .......... I'11~ ---- I I Ill Ill I Il I '~ (2) Every person other than nonprofit cooperative associations, ' sinE,, or canning agri- engaged in the business of packing, proces , cultural produces not gro~n by him, shall for each place of bust-. ness pay a license tax of $)'.50, plus $1.50 for each five persons employed thereat, provided said licenses shall not exceed $75.00. Section !2. School activities~ certain exemption -- College and high school studengs may, with the approval of the athletic associ' a~ion or authority of their school, sell the pennants, badges, insignia and novelties of their school without being required to pay a license. Section !3. Fish peddlers, certain persons exempt -- Any natural person holding a fresh or salt water fish dealer's license, it be a license t° sell at wholesale or retail, shall be entitled to sell or dispose of fish caught or acquired by him by se].ling or disposing of same or offering same for sale~ direct to the consumer only, from vehicles from place to place in the county where the fish were caught or acquired by the dealer without a separate occupational license for such vehicle. Section 14. Advertising space renters -- Every person renting for profit advertising space in or on any boat, car, busw truck or othe~r vehicle'shall pay a license tax of $1.~0 for each such boat, car, bus, truck or other vehicle operated by him· .?i. Section 15. Amusement devices -- ~' (1) Every person who operates for a profit any game, amusement or recreational device, contrivance, or facility not otherwise licensed by some law of this state shall pay a license tax of $7.50 on each such game, amusement or recreational device, con- trivance or facility. (2) Any person who operates any of the .above devices for profit under the sponsorship of a merchant, shopping center or merchants' association, charitable, religious or educational institution shall be licensed under this section. This license shall be good for one location only. I{owever, the licensee may return to the same cation during the same license ),ear without obtaining an additional license~ other than for any additional devices. Section 16. Hotels, apartment hotels, motels, etc. -- (1) Every person engaged in the business of renting accommo- dations, except nontransientlY rented apartmen~ houses, shall pay for each place of business an amount of 75 6ents for each room. However, no such establishment shall pay less than $7.50 for said license. The room count~ to be used in this section shall be the same as used by the division of hotels and restaurants of the de- partment of business regulation. (2) [~o license to any. business coming under 'the provisions of this section shall be issued un, il a license has been procured for such business from the division of hotels and restaurants of the department of business regulations. .. Sectio~ 17. Cemeteries, mausoleums, .etc. -- Every person engaged in the business of operating for a profit a' cemetery, mausoleum or si~tlar place or institution.shall for each place of business pay a licet%se tax of $75..00. Sec~:ion ]_.8. Circuses, traveling show~, tent sho%~s, etc., side sho%ys; ].ice[xse taxes -- (1) Shows of all kinds including circuses, vaudeville,minstrels, theatrical, travel, ins shows, exhibition or amusemen~ enterprises, -6- including carnivals, vaudeville, minstrels, rodeos, theatrical games or tests of skill, riding devices, dramatic repertoire and ail other sho%;s or amusements~ or any exhibition giving perform- ances under tents or temporary structures of any kind, whether such gents or temporary structures are covered or uncovered, 'shall pay a license tax for each day of $150.00. (2) For the purposes hereof, the show~ riding device, conces-. sion or side show charging the highest admission or fee shall be considered the main sho~ in determining the license tax to b~ levied. ~hen there are more than one such riding device, con- cession or side ~how in this admission or fee price group, any one of the same may be considered the nmtn show. (3) Any of ~h~ sho~s mentioned in this section% which has paid a license as provided in this section shall be allo~.:ed to operate. a side sho~,; upon the payment of $15.00 per day. (4) The following shall be considered side shows on which shall be levied license taxes as provided above: (a) All riding devices, including merry-go-rounds, ferrts wheels, or any other rides or auto,rustic riding devices; (b) All concessions, including revolving wheels, coin games, throwing balls, rolling balls, cane racks, knife racks, weighing machines, games or tests of ·skill or streng~h~ candy machines, san~ich~ confectionery or similar s~ands or any other booth, unit, tent or s~and co~only known as a concession; and (c) Every side show, exhibition, display, concert, athletic contest, lecture, minstrel, or performance to which admission is charged, a fee collected, or a charge is made for anything of value;. provided, that no license shall be issued for a side show unless a license has been paid for a ~muin show, or exhibition or struc- ture; and provided further, that both licenses shall be issued to ~he same party and for the same day. (5) 'i~e license taxes provided for by this section shall be collected for each and every tent and for each and every day to" which admission, is cha~'ged; provided, ghat annual licenses may be issued to any of the shows or exhi~)itions mentioned in this sectio.n when such show or exhibition is per. manently located in One place, upon the paymen~ 'of six times ~he full amoun~ of the daily licensed·ts;: according to the charge for admission and population as defined and prescribed by this section, but a cerise so issued shall be good only for the plade for which it was originally taken out, and the tax collector shall so state in writing on the face of each such license. (6) No fractional license shall be issued under this provision'i- (7)' Exempt from the provisions of this section are public fairs, expositions as defined in Chapter 616, Laws of Florida, and hibi=s held by bona fide no~-profi~ organizations on the premises of a'licensed public lodging establishment in connection with a convention. Section 19. Traveling medicine shows -- There is hereby levied a daily license fee of $37.50 in addition to all other licenses on !~inerant medicine shows where en~ertai~unen~ is given incidental to or as a par~ of an effor~ go sell any produc~ by such licensee in the snare. Section 20. C~qfes, restaurants and o~her eating establishments --~ (1) Every person engaged in the business of operating a restaurant, cafe, snack bar, take out service, dining room, drive- -7- in eating establishment, or other public eating place, whether .operated in conjunctio~ with some other line of business or not, except dining room~ in licensed public lodging establishments, shall pay a license tax based on the number of people for whom he has seats or accommodations for the service or consumption of food at any one time~ in accordance with the following schedule: · (a) 0-30 seats $15.00 (b) 31-74 seats ,,.. 30.00 (c) 75-149 seats 45.00 (d) 150 or more seats 60.00 (e) Drive-.in restaurants where customers are served while seated in their cars shall pay a license tax of $30.00. The' license required by this paragraph shall be in addi- ~ion to the license required in paragraphs (a)-(d). (2) The seating capacity and classifica~ions used by the divisio~ of ho~els and restaurants of the department of business regulation shall be.used in this section. Section 21. Contracting -- ~' ' (I) Each person who contracts or sUb-contracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, wa'her and gas mains or engages in the business of con8truction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas main8 must obtain a license as a contractor. The license tax shall be determined by the maximum number of persons actually employed, or to be employed during the license year, in the county in which the work is performed and shall be a~ the following rates: (a) For 1-10. " $ 9.00 (b) For 11-20 (c) For 21-30 (d) For 31-40 · .(e) For 41-50 '~(.f) For 51-100 (g) For 101-150 (h) For 151-200 18.00 27.00".~'~ ..... " ~ 36.00 45.00 150. O0 225.00 .. 300.00 (i) For 201 or more employees 375.00 (2) In determining the number of persons employed, all principals shall, be .deemed employees and be included, in the calculation. Section 22. Dance halls, variety exhibitions, etc. -- (1) Every person who operates any place, fo~ profit where dancing is permitted or where entertainment is provided for a charge, such as variety programs or exhibitions, shall pay a license tax of $150. The license required by this section shall be in addition to any other license required .by law, and the operation of such a place as herein described shall not be construed to be incidental to some other business; provided, that a license may be issued for one night only, ]apon the paymedt of $75.00, but in such cases the tax collector must write across the license the words, "Good for one night only"; provided further, that this section shall no~ apply to hotels or motels of fifty licensed units or more paying an occupational license as provided in Section 16; provided further, that J%o such limitation of licensed units as 'heretofore provided shall affect the license of hotels previously issued. (2) Exempted from the' provisions of this act are: (a) Variety exhibitions conducted or exhibited in a motion picture theater which pays the annual 'occupational license tax as provided by law. '" ' -8- (b) Any traveling variety sh~ or band which performs under ~he control of a charitable or fraternal organization, with the organization putting on the show on its (r~n account and paying the shew a fixed compensation (not on a percentage, basis). (c) Local cultural or concert music organizations or pro- fessionals' or artists~ organizations which appear under the auspices of such local cultural or concert music o~ganizations. (d) Educational institutions and off-campus professional ~alent~ when employed by such institution~ for student entertain- ment, such as sports events, musical concer~s, dance bands and dramatic productions, when sucb activities are produced or con- ducted under the auspices of such educational institutions° (e) Traveling sh~r~s put pn by local merchants, where no admission is charged, either directly or by increasing the pric~ of items soldo (f) Imnces or variety entertainments given by local performer~, the proceeds of which are given to local charities. (g) Any dance held by any group of private individuals who hold square dances a~d square dance cOmpetitions for recreation rather.: than profit, and %~here the only charge made is to cover actual expenses incurred by the individuals in sponsoring the square dances or square dance competitions. Section 23. Electric power plants, gas plants and community tele- vision antenna companies -- (1) Every person engaged in the business of furnishing electric power, gas or community television antenna service-for a profit shall pay a license fee of $150.00. (2) Any person serving less than ~wenty-five ~Customers shall be exempt from paying this tax. (3) Municipal corporations which own and operate their electric power plan~ or gas plant shall not be sub~ect to ~he above taxes. Section 24. Emigrant or labor agents -- (1) No person, firm or corporation shall carry on the business · of an emigrant agent without first· obtaining a license therefor. - from the county tax collector. (2) The term "emigrant agent" as contemplated by this section, Shall be construed to mean any person, firm or corporation en- gaged in hiring laborers, or soliciting emigrants in this state, to be employed beyond the limits of this state; provided, however, ~that the provisions of this section shall not apply to the United States employment service, the war manpower commission, the divi- sion of labor and employment opportuni~ies of the department of commerce, or any state or.federal agency engaged in recruiting or referring laborers for employment beyond the limits of this state. (3) Any person, firm or corporation shall be entitled to a li- cense, which shall be good for one year, upon the payment to the county tax collector the sum of $1,500.00, Section 25. Fortunetellers, clairvoyants, etc. -- (1) Every fortuneteller, clairvoyant, palmist, astrologer, phrenologist, cbaracter reader, spirit medium, absent treatment healer, or men,si healer and every person engaged in any occupa- tion of a si~nilar nature shall pay a license tax of $150.00. (2) This section does not apply to Christian cburchez who heal the sick by prayer or regularly ordained ministers of cburches who -9- *~..ame members of Florida state spiritualist ministerial association ~hose charters are filed in the library of congress and on record in the state capitol in Tallahassee. Section 26. Fortunetellers, clairvoyants, etc.; county permit re- · quired; penalty -- '~'(1) No license to engage in the occupation of fortunetelling or any other pursuit for which a license is required by Section 25 shall be issued to any person unless such person holds a permit ~; therefor~ given by the board of county commissioners. No permit shall be issued Until after the following Conditions are fulfilled: (a) The applicant shall have been a resident of Florida for at least two years and shall be a registered voter in the county where the permit and license are applied for. .. (b) The applicant shall establish good moral character by not lcss than five reputable citizens of the county. (c)' The application, with a recent photograph of the appli- cant which shall become a permanent part of the permit, shall be presented to the clerk of the board of county commissioners who shall make investigation and examination of the applicant and re- - :port. the results thereof to. the board of county commissioners at its next regular or -opecialL meeting. . " (d) The board of county commissioners shall consider the application and the report of the clerk and order the permit either ., issued or denied. The order of the board shall be made in ~ripli-- cate, with the. original given to the applicant, one copy retained by the clerk and one by the licensing official. (2) All county law enforcement officers shall aid and assis~ the clerk of the board of county commissioners in conducting the examination of any applican~ for the permi~:.required for this section. (3) Every licensee comprehended by this section shall a~ all ..~ times while engaging in the occupation for which licensed display at his place of business both his license' and the permit herein required. Failure or refusal so to do shall be prima facie evi- dence of engaging in such occupation without a license. ~.(<~) Anyone engaging in any occupation comprehended by Section 25 without a license and the permit required by this section or 'who ~hall obtain any such permit or license by fraud or deceit shall be guilty of misdemeanor. :.(.5)~ This 'section does not apply to Christian churches who heal the sick by prayer or to. regularly ordained ministers of churches who are members of Florida state spiritualist, ministerial associ- ation whose charters are filed in the library of congress and on record in the state capitol in Tallahassee. Section 27'. Insurance adjusters -- All persons acting as insur- ance adjusters shall pay a license fee of $7.50. The provisions of this section shall not apply to insurance agents. Section 28. Junk dealers; license requirements; penalty -- (1) In construing this section, unless the context otherwise requires, the following v;ords or' phrases shall mean: (a) "Junk" means old or scrap copper, brass, rope, rags, batteries~ paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or par~s thereof, iron, steel, and other old ~crap ferrous or nonferrous material. - 10- oun,.:.~ means an establish~.aent or place of business which is maintained~ operated, or used for storing, keeping, buy- ing, or selling junk, or for the mmintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. (c) "Person" means any individual, agency, firm, associ- ation or corporation. (d) "Ju~k dealer" means any person who i~ engaged in the business of ~intaining and operating a junkyard. (e) "Scrap metal processing plant" means an establishment or place of businesu maintaining and operating machinery and equipment used t'o process scrap iron, ~ueel and ouher metals to specificaCions prescribed by and for sale to mills and foundries.. (f) "Scrap me~al processor" means a person maintaining and operating a scrap metal processing plant. (g) '~,~etais" me. ans copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility or communications system. (2) Every person engaged in business as scrap metal processor ~ shall pay a license tax of $75.00. (3) Every person engaged in business as a junk dealer shall pay a license tax of $50.00. (4) (a) Every person licensed as a Junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each 'article was purchased or acquired and to whom sold and the date of such sale. (b) Every person licensed as a Junk dealer or scrap metal processor when purchasing metals shall keep the following addi- tional information: The record shall include a receipt signed by : the seller and a copy of such receipt shall be given to the seller. /.The'receipt quality quantity of metals Shall reflect the and ~ put'based, the seller's name and address, the license number of seller's motor vehicle conveying the metals, and the number of seller's drivers license. (c) The records required tO be kept by paragraphs (a) and (b) shall be maintained by the purchaser for a period of not less than one year and shall at all times be subject to inspection by an.y law enforcement officer commissioned in the state. (~) Purchase of metals, from minors in excess of ten dollars .is prohibited. (6) Any Person violating any provision of this sectio~ shall be deemed guilty of a misdemeanor. .~ Section 29. Liquefled~petroleum gas; distributors, installers and manufacturers -- Al% persons who deal in liquefied petroleum gas, either as distributors, installers or manufacturers, shall pay the following license ~a.xez, however, such persons shall be exempt from the provisions of Sections 21 and 23. (1) Manufacture of appliances and equipment for use of liquefied petroleum ga8 . . . $62.50. (2) Installation of equipmen~ to be used with liquefied petro- leum gas . . . $25.00. (3) Dealer in liquefied petroleum gas, in appliances and equip- ment for use of such gas and in the installation of appliances and equipmen~ . . . $62.50. Section 30. l~nufacturing, processing, quarrying and mining -- -11- -' (1) Every persen e. ngaged in the business of manufacturing, pro- ceasing, qu.nrryi~',g~ or mining mug~ obtain a license under thi~ g~ction. Tho amount of the license tax shall be determined by the nmXimum ' nu~a~oer of persons actually' employed, or to be employed, during the license year in st. Lucie County,and ~hall be a~ the foll~,~ing rates: (a) 1-t0 employes (b) il-20 employes '(c) 21-30 employes (d) 31-40 employes (c) 41-50 employes $15.00 30 o00 · ' 45.00 60.00 90.00 (f) 51 or more employes 150.00 In determining the number of persons employed,all principals shall be deemed e~ployes and shall be included in the calculation. (2) No license shall be required under this section where the manufacturing, processing, quarrying or mining is incidental to and part of some other business classification for which a license is required by this ordinance and is carried on at the place of .. 'business licensed under such classification. Section 31o Miscellaneous businesses not otherwise provided -- Every person engaged in the operation of an~.'%Usiness of such nature that no license can be properly required for it under any other provision of this ordinance or other law of the state, shall pay a license tax of $150.00; provided that no license shall be re- quired for the growing or producing of agricultural and horticul- tural products. .. Section 32. Moving picture shows, theaters and drive-in theaters -- (1) f~;ners, managers or lessors of theaters or halls employing traveling troupes, theatrical, operatic or minstrel giving perform- ances in buildings fitted up for such purposes, or moving picture. shcr~s giving exhibitions in buildings permanently used for such purposes, or drive-in theaters, shall be allowed to give as many performances or exhibitions in such buildings, :theaters or areas as they wish on payment of the following license tax: ,, . (a) In cities or town of t%~enty thousand inhabitants or. more shall pay a license tax of $300,00 per annum. (b) In' cities or towns of less than twenty thousand and more -than.fifteen thousand inhabitants shall pay a license tax 'of .$225.00 per annum. ' (c) In cities or texans of less than' fifteen thousand and' more zhan ten thousand inhabitants shall pay a license tax of .75150'.00 per annum. (d) In cities or towns of less than ten thousand and more than five thousand inhabitants shall pay a license tax of $75.00 per annum. (e) In cities or t~ans of less than five thousand inhabi- tants shall pay a license tax of $15.00 per annum. (2) Whenever any moving picture show, theater or drive-in theater is located outside the limits'of any municipality, the license tax shall be based on the population of the nearest munici- Section 33. Pawnbrokers -- (1) Every person engaged in the business of pawnbroker shall pay a license tax of $225.00. (2) Pawnbrokers shall keep a complete and true record of all transactions, showing from whom each article of their stock was - 12- "p;drchased or plcdged, the date of the transaction and the date and ~,to whor~t each article was sold, which record shall at all times be subject to the inspection of all police or peace officers. ~ (3) Any person violating the provisions of this section shall be guilty of a misdemea,%or. Section 34. Pawnbrokers: reports to sheriff; penalty-- Every person engaged in the business of pawnbrokers, licensed under Section 33 shall make monthly reports to the sheriff of the county in which such business is operated of the information required to .<.~.,,b.e ~mintained by such pawnbrokers under the provisions of Section 33 and any person failing to m~ke such', report Shall be subject to the penal~y provided in said section. Forms for the preparation of the reports required herein shall be prescribed and furnished by the department of law enforcement'. Section 35° Permanent exhibits -- AnYone who operates for a profit in this 'state a permanent exhibit shall pay a license fee of $150.00 for each exhibit. Section 36. Professions, businesses, occupations-- (1) Every person engaged in the practice of any profession, who offers his service either directly or indirectly to the public for a consideration, whether or not such endeavor be regulated by law, shall pay a license tax of $15.00 for the privilege of practicing, which license shall not relieve the person paying same from the payment of any license tax imposed on any business operated by him. (2) Every person engaged in a profession, business or occupa- tion regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector ~he license for the current year prior to the .tax collector issuing an occupations 1 license. (3)' An occupational license shall not be required where a per- son, although licensed by law under a regulatory statute, is pro- hibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or' corpo- ration. (4) Every individual or group of individuals who operates a branch office, or any professional corporation which operates an office in which a profession is practiced, shall license each office in which ~he profession is practiced. ._ Section 37. Public service business (1) Every person engaged in any business as owner, agent or otherwise that performs some service for the public in return for a consideration shall pay a license tax based on the maximum number of persons actually employed, or to be employed, during the license year in the foll~ing amounts: Owner and No, Employes 1-5 Eraployes $11.00 6-10 Employes 27.00 11-15 Employes 40.00 16-20 Employes 56.00 21 or more Employes 75.00 (2) No license shall be required under this section for any business the principal function of which is the performance of some service for the public in return for a considera~ion when the nature of the service 'is such that at,~, occupational license is - 13- required of the business by some other section of this ordinance] but this proviso shall not be construed to exempt service depart- · ~m~nts of merchandising and other lines of business from the license required by this section, ~,:ith the exception of gasoline service ~'stations ~,~ith not more than three persons engaged in the perfor- mance of a service for a consideration. (3) in determining the number of persons employed, all princi- pals shall be deemed employe~ and be included in the calculation. Section 38. Retail store license -- (i) For the privi!ega of conducting, engaging in or carrying on the business' of a retailer as defined in this section, there is hereby levied and assessed upon every person, or association of person~ as here.in defined, for each store located and operated within this county by such person or association of persons, an annual license tax in the sum of $15.00. (2) The following words, terms and phrases when used in this sectio~ have the meaning ascribed to them, excep~ where the context clearly indicates a differen~ meaning: (a) "Retailer" includes every person engaged in the business of making sales a~ retail. (b) "A retail sale" or "sale at retail" means any sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property; provided, ghat no gale' shalljbe construed to be a "retail sale" where goods, wares and mercl¥andise are sold in Wholesale quantities at wholesale price~ by licensed wholesale dealers under sUanding orders or through outside salesmen as distinguished from sales of small packages at retail prices or is sold in wholesale quantities and at whole- sale prices ~6 any governmental institution, subdivision or agency. (3) The term "retailer" shall not include bulk plants or fill- ing stations engaging principally in the sale of gasoline and other petroleum products; ice plants or ice dealers engaging princi- pally in the sale of ice; bakeries and other manufacturing or pro- ~essing.plants selling only the products manufactured or processed therein; or restaurants, cafes, cafeterias, hotels and liquor stores; provided, however, that where food or intoxicating liquors 'are sold in connection with a principal business, but only inci- dental thereto, said principal business shall not be exempt from the license tax imposed herein. Provided further, that incidental sales not 'otherwise excepted in this subsection made by a licensed wholesaler to consumers ag wholesale prices shall not be construed to be retail sales unless 'such sales exceed five per cent of such wholesaler's total sale. Section 39. TelephOne systems -- Every person engaged in the busi- ness of owning or operating telephone systems in this county for profit shall pay a license tax accordi.-.g to the following schedule; (1) On the first one thousand phones or instruments, or fraction of one thousand, 15 cents for each phone or instrument opera=ed or installed; (2) On the second one 'thousand or fraction over one thousand, 12 cents for each phone or instrument operated or installed; and (3) On all over two thousand, 9 cents for each phone or instrument operated or installed. ~ners or managers of telephone systems operated or having stalled less than one hundred phones or instruments shall not b~ required to pay a license tax. - 14- ,Section 40. Trading, etc., in intangible personal property -- (1) Every person engaged in the business of trading, bartering, buying, lending or selling intangible personal property, whether as ~;.mer, agent, broker or othe~,;ise, shall pay a license tax of $37.50 for each place of business. ' (2) No license shall be required under this section where the · ' ~ buying lending or selling is incidental to trading, barterzno, , and a part of some other business classification on which an oc- cupational license tax is imposed by this 'ordinance. Section' 41. Trading, etc., in tangible personal property -- (1) Every person engaged in the business of trading, bartering, serving or selling tangible personal property, as owner, agent, broker or otherwise, shall pay a license tax of $15.00 which shall entitle him to maintain one place of business, stationary or mov- able, and shall pay $15.00 for each additional place of business; " ..... provided that the. license for each bulk plant' or depot of whole- sale dealers in petroleum products shall be $37.50. Vehicles used by any person for the sale and delivery of tangible personal .. -. property at wholesale from his established place of business on ' which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or' the operators thereof as salesmen or otherwise. (2) No license shall be required under this section where the trading, buying, bartering, serving or selling of tangible personal property is a.necessary incident of some other business classifi- cation for which an occupational license is required by this ordi- nance and is carried on at the place of business licensed under such other classification, nor shall this Section apply to any person engaged in the sale of motor vehicles or principally in the sale at retail.of gasoline and ocher p,etroleum products. Section 42. Vending machines'--/ (1) As used in this section the following words shall have the' meanings set forth in this subsection: (a) "Merchandise vending machines" means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper · currency and dispenses merchandise without the necessity of re- plenishing the device between each operation. (b) "Merchandise vending machine operator" means any person who operates for a profit thirty-five or more' merchandise vending machines. (c) "Service vending machine" means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper currency and which dispenses some service or amusement. (d) "Service vending machine operator" means any person who ' ' operates for a profit thirty-five or more serviCe..~..~ ,vending machines. (e) "Laundry equipment" means any equipment necessary for the operation of a coin operated laundry, including washers, dryers, pressing or ironing machines and soap, bleach and laundry bag dis- pensing machines. (2) An), person who operates for a profit or allows to be operated for a profit, in his place of business or on his property, any of the above vending machines shall pay a license tax accord- ing to the follow;ins schedule except the exemptions allowed subsection (3): -15- (a) Merchandise vending machines: $7.50 for each machine, ..provided that, ~hen any mcrchan(li~e vending n'mchine is. located in and operated only in a place of business for which a license has ~'been duty issued for trading~ buying, bartering, serving or sell- ing ~angible personal property under this or other laws of this state, the license tax thereon shall be $3.00 for each mmchine. (b) Merchandise vending machine operators; $75.00 for the privilege of engaging in such business, and shall further pay an annual license tax of 75 cents for each machine. (c) Service vending mmchines: $7.50 for each machine. (d) Service vending machine operators: $187.50 for the privilege of engaging in such business, and shall further pay an annual license tax of $1.80 for each machine. (e) Laundry equipment: 75' cents for each piece of equipment. (f) Coin-operated radio, television and similar devices in- stalled in businesses providing housing accommodations for the traveling public, $10.50 for coin-operated radios, television~ sets, vibrating mattresses or similar devices inst~lled in gues~ rooms in hotels, tourist homes, touris~ courts, rooming houses and other businesses providing housing accommodations for the traveling public, and further pay an annual license tax of 30 cents for each device. · .... (g) Penny vending machines: 75 cents for each machine. ' (3) %~e following vending nmchines and lockers are exempt from ~he tax provided by this section: (a) Ali. vending mmchines which dispense only United States postage stamps, unadulterated Florida-produced citrus Juices or newspapers are h_erebyexemp.t from the payment of any excise or license tax levied"-'~y the state or any county, municipality or other taxing districts thereof. .-...- (b) Penny-operated vending machines located in licensed places of business and dispensing only nuts citrus ju~ices and other food products. ..-' (c) .Coin-operated parcel checking lockers and toilet locks used in railroad, bus, airport stations, or depots~' and in hotels boarding houses, restaurants and resg rooms' for the convenience of the public. (d) All coin-operated telephones which are otherwise sUb- .Ject to tax under Section 38 of this Ordinance. (4) All machines licensed under paragraphs (a), (b).and (c) of subsection (2) shall display in a prominent place .,6~ each machine a proper sticker or decal, to be furnished or approved by the department of revenue, sh~wing that the taz has been paid. (5) Whenever any tax collector shall find any vending machine required to be licensed under this section to be operated without a current valid license, he shall attach to the machine a notice of delinquent taxes~ said form to be provided or approved by the department of revenue. Any person who removes notice of delinquent taxes or who removes any moneys from the machine before license taxes are paid shall be guilty of a misdemeanor. Section 43. Water companies and sewage disposal companies -- (1) Every person engaged in the business of operating water companies or sewage disposal companies shall pay the following license taxes in cities and towns having the~ follo~,~,ing populations according to the latest official decennial census: '" . (a) 40,000 or more (b) 30,000 - 39,999 (c) 20,000 - 29,999 (d) 10,000 - 19,999 (e) 5,000 - 9,999 (f) 3,000 - 4,999 (g) 1,000 - 2,999 (h) 999 or less $450.00 300.00 150.00 112.50 75.00 37.50 22.50 15.00 (2) For the purpose of this section, any person furnishing water or sewage disposal service fo~ profit shall be construed to be a water company or sewage disposal company; provided, that persons having wells or sewage disposals for private use and who may furnish not more than twenty-five neighbors with water or sewage disposal, shall be exempt from the provisions of this section. (3) Municipal corporations which own and operate their own water plants and sewage disposal systems shall not be subject to the above license tax. Section 44. Farmers markets, flea markets, etc. where individuals sell. from stalls -- In lieu of the licenses required under Section 31 for operators of farmers' markets or flea markets, and the license required for individuals under Section 41, the operator of the business may purchase a license according to the following schedule: $50.00 plus $3.00 per dealer for the maximum of dealers 'to be operating on the premises at any one time. Maximum license under this section shall be $300.00. Section 45. Traveling junk dealers -- Each person who travels from place to place purchasing junk shall pay a license tax of $15.00 and shall, before leaving any village or incorporated town or city, submit to the Chief of Police or Marshall a list of the junk he has purchased, together with the names and permanent addresses of the persons from whom purchased. Section 46. This ordinance shall take effect on its filing with the Department of Revenue and the receipt by the Clerk of this Commission of acknowledgment from the Secretary of the Department of State of its filing in his office. PASSED and duly enacted this Clerk of the Board of County Commissioners of St. Lucie County, Florida ~day of 0c~gber, 1972. Chairman of the Board of County Commissioners of St. Lucie County, Florida -17-