Ord. 14-03 – Approved

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[ Code of Ordinances ]
Ord. 14-03 – Approved

ORDINANCE NO. 14-03

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 5 RELATING TO CONCESSIONS; AMENDING SEC. 5-67 AND 5-68 BY CHANGING THE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX”; CODE ADOPTED; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, House Bill No. 1269 was enacted during the 2006 legislative session changing the name of the item issued by local governments from occupational license tax to local business tax to help eliminate some fraudulent misrepresentations;

WHEREAS, the Town of Indialantic needs to update the codes addressing business taxes required for concessions;

NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida, that;

SECTION 1. That Sec. 5-67 of the Code of Ordinances of Indialantic, Florida is hereby amended to read:

Sec. 5 67. Suspension or revocation of permit.

(a) Any permit issued under the provisions of this division may be suspended or revoked for failure to observe reasonable standards of safety and sanitation, or for a violation of a state law or any provision of this Code.

(b) A hearing shall be held by the council, upon not less than twenty four (24) hours’ notice, to determine whether cause, as provided in subsection (a), exists, and whether the permit should be suspended or revoked.

(c) The revocation or suspension of a permit hereunder shall also operate to automatically revoke or suspend the occupational license business tax of the permittee and no portion of the occupational license business tax paid shall be refunded.

SECTION 2. That Sec. 5-68 of the Code of Ordinances of Indialantic, Florida is hereby amended to read:

Sec. 5 68. Occupational license Business tax required.

Concessionaires hereunder shall also be licensed in accordance with Chapter 9 of this Code.

SECTION 3. Severability/Interpretation Clause

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through are deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2013, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2013.

TOWN OF INDIALANTIC

________________________
David Berkman
Mayor
ATTEST: ____________________________
Laura Eaton, CMC
Town Clerk