HomeMy WebLinkAboutOrdinance - City Council - Regular - 4026 - 10/21/2024ORDINANCE NO. 4026
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING THE CITY CODE,
CHAPTER 82, TAXATION, ARTICLE IV, LOCAL BUSINESS
TAX; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT
MYERS, FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-135 Moratorium on new pain clinics or pain
management clinics is hereby amended to read as follows:
Sec. 82-135. Reserved
SECTION 2. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-153 Report of information by taxpayer to local
business tax inspector is hereby amended to read as follows:
Section 82-153 Report of information by taxpayer to local business
tax office.
Each person required to pay a local business tax by this article shall
report to the local business tax office, giving all the information necessary
for a proper determination therein of the amount of the local business tax
due. In the case of wholesale and retail merchants, the same shall show
the total gross amount of sales. Brokers, commission merchants, or agents
shall show the total gross amount of such compensation received during
the period required. The local business tax office is authorized to propound
interrogatories and furnish forms for the filing of the returns and to require
the giving of any information necessary to enable the office to determine
the proper amount of local business tax due, and to make such
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investigation and inspection of the place of business and records of the
person required to pay a local business tax as he may be determined
necessary in order to verify any returns or determine the proper local
business tax amount.
SECTION 3. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Sec. 82-161. Authority and duties of local business tax
inspector. is hereby amended to read as follows:
Sec. 82-161. Authority and duties of local business tax office.
(a) The local business tax office shall have the authority to enter and
investigate all businesses, occupations, and professions in the city,
and to make such inquiries as shall be necessary to determine
whether or not a local business tax receipt has been procured for
such businesses or occupations. It shall be unlawful for any person
or business to refuse to allow the local business tax inspector to
investigate and examine records for the purpose of determining
whether such person or business has a local business tax receipt,
or whether such person or business shall be issued a local business
tax receipt.
(b) Special investigations shall be made by the local business tax office
alone, or in cooperation with the police, code enforcement, building
division and other applicable authorities.
(c) Persons inspecting local business tax receipts, their businesses, or
premises, as herein authorized, shall report all violations of this
article or other laws or ordinances to the local business tax office
and shall submit such other reports as the local business tax office
shall require.
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SECTION 4. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Article IV, Local Business Tax,
Division 3. Local Business Tax, Section 82-162 Enforcement is hereby
amended to read as follows:
Sec. 82-162. Enforcement.
It shall be the duty of the local business tax office, along with the
Code Enforcement Division to enforce each and all of the provisions of this
article, except as otherwise in this article expressly provided. The chief of
police shall render such assistance in the enforcement of this article as
may from time-to-time be required. The local business tax office is
authorized to prescribe such reasonable rules and regulations and make
such interpretive rulings as may be necessary to effectuate the provisions
of this article.
SECTION 5. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-196 Nonprofit enterprises is hereby amended to
read as follows:
Sec. 82-196. Nonprofit enterprises.
(a) The city council may authorize the issuance of a local business tax
receipt, without the payment of any local business tax fee, to any
person or organization for the conduct or operation of a nonprofit
enterprise, either regular or temporarily, when they find that the
applicant operates without private profit, for a public, charitable,
educational, literary, fraternal or religious purpose, if the applicant
can conform to all other application conditions, including
inspections; and pays all applicable inspection and other fees which
are not subject to waiver.
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(b) An applicant for a no-charge local business tax receipt shall submit
an application therefore to the local business tax office, upon forms
prescribed and furnished by the local business tax office, and shall
furnish such additional information and make such affidavits as
the city council shall require.
(c) A person or organization operating under a no-charge local
business tax receipt shall operate a nonprofit enterprise in
compliance with this article and all other applicable ordinances,
rules and regulations.
(d) If the city council shall determine that the applicant is entitled to a
free local business tax receipt, then it shall authorize and direct the
local business tax office to issue the applicant a free local business
tax receipt to engage in the particular business or occupation;
provided, however, that any such local business tax receipt so
issued meets all applicable inspections and may at any time be
revoked by the city council.
SECTION 6. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-197 New business deposit is hereby amended to
read as follows:
Sec. 82-197. Reserved.
SECTION 7. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-185 Delinquencies is hereby amended to read as
follows:
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Sec. 82-185. Delinquencies.
(a) Any local business tax receipt not renewed on or before September
30 shall be considered delinquent and subject to a delinquency
penalty of ten percent for the month of October, plus an additional
five percent penalty for each month of the delinquency thereafter,
until paid, provided that the total delinquency penalty shall not
exceed 25 percent of the local business tax fee for the delinquent
establishment.
(b) Any person engaging in or managing any business, occupation or
profession without first obtaining a local business tax receipt, if
required hereunder, shall be subject to a penalty of 25 percent of
the local business tax determined to be due, in addition to any other
penalty provided by law or ordinance.
(c) Any person who engages in any business, occupation, or profession
covered by this article, who does not pay the required local business
tax within 150 days after the initial notice of tax due, and who does
not obtain the required local business tax receipt, is subject to civil
actions and penalties, including court costs, reasonable attorneys'
fees, additional administrative costs incurred as a result of
collection efforts, and a penalty of up to $250.00, per sec.
205.053(3), Florida Statutes. The state late fee shall be assessed
based on the business tax receipt amount due follows:
(1) up to $100 - $50
(2) $101-499 - $100
(3) $501-999 - $150
(4) $1,000 – 1,999 - $200
(5) $2,000+ - $250
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(6) Payments received 12 or more months late will be assessed
the full $250 late fee.
SECTION 8. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-200 Bankrupt sales, etc. is hereby amended to
read as follows:
Sec. 82-200. Bankrupt sales, etc.
It shall be unlawful for any person to engage in the business of selling,
or sell, any goods, wares, merchandise or other personal property,
advertised as, or generally referred to as, a bankrupt sale, wholesaler's or
manufacturer's closing out sale, or goods damaged by fire, smoke, water
or otherwise sale, before such person shall have filed an application with
the local business tax office for a local business tax receipt to conduct
such business or make such sales. It shall be unlawful for any recipient
of a local business tax receipt to include other goods or merchandise with
the stock on hand at the time of application for such local business tax
receipt. No person issued a local business tax receipt under this section
shall be permitted to reopen the business for which the same shall be
issued, and no local business tax receipt shall be issued for such purpose.
SECTION 9. The City Code of the City of Fort Myers, Florida,
Chapter 82, Taxation, Article IV, Local Business Tax, Division 3. Local
Business Tax, Section 82-205 Local business tax receipt schedule
established is hereby amended in part, and all other categories not
provided for in this ordinance shall remain the same, to read as follows:
Sec. 82-205. Local business tax receipt schedule established.
(36) Automobiles:
a. Agencies:
[Section 36, subsections a. 1-3 remain unchanged]
4. Requirements:
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i. Zone approval;
ii. All operations must be from
one location;
iii. Building official;
[Section 36, subsections b through l remain unchanged]
(111) Coin-operated, vending and
other machines:
a. For each machine or
device for vending of
packaged snacks, drinks and
other related items:
1. When machine requires
$0.05 to $0.74 cents, each
10.00
2. When machine requires
$0.75 and more to operate,
each
20.00
b. Music (juke) boxes 70.00
c. Pinball type machines 70.00
d. Pool tables (bumper) 25.00
Operator must furnish a list
of locations. Decals showing
ownership must be attached
to the machine.
e. Vending machines for
amusement, trade or service
purposes not herein
specifically classified shall
pay such tax on a basis
comparative with other coin-
operated or vending
machines.
(121) Contractors:
a. Building contractors, generally:
1. General
2. Building
3. Residential
Upon receiving the written
designation as provided by
chapter 102, article II, division 2,
the local business tax office shall
issue the class of local business
tax receipt to which such person
or firm shall be entitled as a
general contractor's city local
business tax receipt for the next
ensuing local business tax receipt
year. Such designation shall be
final and, if thereafter, a general
contractor holding a residential
local business tax receipt desires
a general or building local
business tax receipt, or a general
contractor holding a building local
business tax receipt desires a
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general local business tax receipt,
then he shall be required to take
the examination for the less
restricted class of local business
tax receipt, provided, that failure
to pass the examination for such
less restrictive local business tax
receipt shall not prejudice the
right of such applicant to the
class of local business tax receipt
which such contractor already
holds at the time he takes such
examination; provided, further,
that where a general contractor
with a local business tax receipt
at a later date desires a more
restrictive local business tax
receipt, where a general
contractor holding a general local
business tax receipt desires only a
building or residential local
business tax receipt, or a general
contractor holding a general local
business tax receipt desires a
residential local business tax
receipt, he may receive such more
restrictive local business tax
receipt without examination, but
may not subsequently again
receive a less restrictive local
business tax receipt without
examination.
[Section 121, subsections b through e remain unchanged]
(180) Food trucks and parks:
(a) Food truck, vending food
from a truck with an
established place of business
[(b), (d)], each vehicle
50.00
(b) Food truck park, 2 or
more food trucks on a single
parcel:
(1) Cost per food truck pad 50.00
(2) Contains an area selling
beverages (including
alcohol), merchandise,
and/or other goods (see
Merchant, retail)
(325) Pawnbrokers, issued only if
and after approval by the city
council, after a permit has
been issued by the chief of
police [(a), (b), (c), (d), (e), (f)]
375.00
a. All pawnbrokers in the city
shall pay an annual local
business tax of $375.00.
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[Section 325, subsection b remains unchanged]
SECTION 10. Severability.
If for any reason, any section, subsection, paragraph, sentence,
clause or phrase of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance.
SECTION 11. This Ordinance shall become effective
upon its adoption.