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20-2180 Amending Chapter 82, Artile II to Update City's Business Tax ScheduleORDINANCE NO. 20-2180 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD CITY CODE CHAPTER 82 "TAXATION," ARTICLE II "BUSINESS TAX RECEIPTS" TO UPDATE THE CITY'S BUSINESS TAX SCHEDULE; AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. and WHEREAS, the City's local business tax schedule has not been substantively updated since 1982; WHEREAS, the current business tax schedule utilizes outdated terminology and includes unnecessary and redundant categories; and WHEREAS, the City established an equity study commission that recommended approval of the changes to the fee schedule at their April 15, 2020 meeting pursuant to Section 205.0535, Florida Statutes. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. That Article II, Chapter 82 of the Longwood City Code shall be amended as follows (Words that areStFieken a are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): ARTICLE 11. - BUSINESS TAX RECEIPTS Sec. 82-32. - Required. No person shall engage in or manage any business, occupation or profession for which there is a local business tax required by this chapter or any other ordinance of the city, unless such person shall first procure a business tax receipt to conduct the same from the Community Development Director or designeed+reeter n %Fvwees. The Community Development Director may designate his/her responsibilities under this article to a designee under the supervision of the Community Development Director. Sec. 82-33. - Levy of tax. There is hereby levied a local business tax in the amounts set out in this chapter for the privilege of engaging in or managing any business, profession or occupation within the city limits on the following: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) or (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license tax is not prohibited by Section 8 of Article 1 of the United States Constitution. Ordinance No. 20-2180 1OF31 State Law reference— Similar provisions; F.S. § 205.042. Sec. 82-34. - Application in writing. (a) No business tax receipt shall be issued except upon written application and payment of a $15.00 nonrefundable administrative or processing fee by the person applying for the same, and it shall be the duty of the derpr nr ^F F n;;Rr;a' r^^•I^^,; Community Development Director or designee, before issuing a business tax receipt, to review the application and ensure that all and any additional requirements imposed by the state or county have been complied with prior to issuing such receipt. The application required by this section shall be retained as part of the record of the Community Development Department or designee depaAment 9f fiRaRrzial se (b) Any sign, advertisement, social media post, building occupancy, directory listing, or activity, or activity indicating that a business, calling, profession, or occupation is being conducted at a location within this municipality shall be prima facie evidence that the person is liable for a local business tax. (c) Any person owing delinquent local business taxes shall be required to pay such delinquent taxes before being issued a new business tax receipt. (d) As a prerequisite to receiving a local business tax receipt or transferring same, the applicant or new owner must present to the city either: (1) A copy of the applicant's or new owner's current fictitious name registration, issued by the Division of Corporations of the Department of State; or (2) A written statement, signed by the applicant or new owner, which sets forth the reason(s) that the applicant or owner need not comply with the Fictitious Name Act. Sec. 82-35. - Issuance. All business tax receipts issued under this chapter shall be signed by the Community Development Director or designee diFe .tee of financial . Sec. 82-36. - Durations; due dates; half year business tax receipts. No business tax receipt shall be issued for longer than one year. All business tax receipts shall expire on September 30 and shall be payable on or before September 30 unless otherwise specifically provided by law or as otherwise provided in this chapter. Half year business tax receipts may be issued by the Community Development Director or designee direeteF of financial seFyiees under the provisions of this chapter for the period April 1 to September 30, upon payment of one-half of the tax fixed as the amount of such local business tax for one year; the tax for all other businesses shall be 100 percent of the yearly tax unless otherwise provided in this chapter. Sec. 82-37. - Location; transfer of business tax receipt. Business tax receipts shall be good only for the particular business and at one particular place of business which shall be named therein and for the person to whom issued, but business tax receipts may be transferred when there is a bona fide sale and transfer of the property used in the business, stock in trade, or the removal of the same from one place in the city to another, upon application to the Community Development Director or designee d-irp- .ter c F ,annual sepodees, and such transfer shall be written across the face of the original business tax receipt. Sec. 82-38. - Transfer, duplicate business tax receipt; fees. (a) All business tax receipts may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of ten percent of the current total local business tax as set out in appendix B and presentation of the original business tax receipt and evidence of the sale. Ordinance No. 20-2180 2OF31 (b) Upon application for a transfer of a business tax receipt and presentation of the original business tax receipt, any business tax receipt may be transferred from one location to another location in the same municipality upon payment of a transfer fee equal to ten percent of the current total local business tax as set out in appendix B. (c) A duplicate business tax receipt will be issued upon request in writing by the business tax receipt holders or agent thereof for a fee as set out in appendix B. Sec. 82-39. - Compliance with ordinances required. The issuance by the Community Development Director or designee di.,.,+... Af "^a^en'a' repker and receipt by the applicant of a business tax receipt shall in no case be deemed authority to conduct an occupation, business or profession in contravention of any ordinance of the city now existing or hereafter enacted, or to establish or maintain any nuisance. In addition to the payment of the local business tax and obtaining of a business tax receipt pursuant to this article, any owner of a business tax receipt must comply with all applicable ordinances and regulations of the city. The issuance or transfer of a business tax receipt pursuant to this article shall not evidence, verify, or otherwise be interpreted as a statement by the city that the owner of a business tax receipt or the location listed therein complies with state laws and city building codes, zoning laws, or other ordinances and regulations not set forth in this article. The issuance of a business tax receipt shall not serve as a basis for equitable estoppel against the city to prevent the enforcement of state laws and city building codes, zoning laws and other ordinances and regulations not set forth in this article. Sec. 82-40. - Ordinance enforcement. The city shall have the right, but not the obligation, pursuant to its zoning and home rule authority to evaluate the legality of any proposed or operating business and business location and, if applicable, to issue a notice to any person or entity applying for or who receives a business tax receipt that a proposed or operating business or business location does not comply with the applicable laws, ordinances and regulations, and to take enforcement measures to ensure compliance with such laws, ordinances and regulations. Sec. 82-41. - Display. Every person required to procure a business tax receipt shall exhibit the same whenever called upon to do so by the Community Development Director a'r^ -t Af c'^^^r-'^' sewiees or designee, chief of police or any police or code compliance officer of this city. Business tax receipts of all persons having a place of business shall be conspicuously displayed. Sec. 82-42. - Record of business tax receipts to be kept. The Community Development Director or designee aiFeetGF of fiRancial r^^•'e-^s shall keep a copy of all business tax receipts issued ,high S"^" be eRteFed eveFy husin^« tax Sec. 82-43. - Tax schedule. The following enumerated individual local business taxes shall be paid to the city by the persons engaging in or managing or transacting the several occupations or professions named yearly unless otherwise specified: 1. Administrative Offices Title Company, Title Insurance, Accounting, Bookkeeping, Administrative or Agency 100 Offices, Income Tax Prep, General Office, Secretarial or Clerical Service, Insurance Ordinance No. 20-2180 3OF31 O ice 2. Adult Entertainment Adult Video/Novelty/Bookstore, Adult Motion Picture Theater, Adult Performance 925 Establishment, any Motel/Hotel that advertises such Adult Presentation 3. Ambulance Service $75/vehicle 4. Animal Kennel/Hospital Kennel, Training 125 S. Armored Car Service $75/Vehicle 6. Artists 75 7. Auction House 400 8. Automatic Teller (ATM or Debit Machine) 150 9. Automobiles, New New Car Agency, New Truck or Sports Vehicles, Boat Sales 250 10. Automobiles, Used Used Car Agency, Brokers or Distributors 350 11. Automobiles, Repair Mechanical Repair, Body Shop, Retreading or Vulcanizing Shop 200 12. Bottling Works Bottled Gas Distributor, LP Gas 200 13. Bowling Alley 150 14. Broadcasting Radio or Television 100 15. Christmas Tree Lots $150 + $250 cleaning deposit 16. Circus and Carnivals 400 17. Clairvoyant, Fortuneteller, Astrologers, or Phrenologist 500 18. Coin/Debit/Credit-Operated Machines Charged per machine 50 each per site 19. Contractor, State License Construction, subcontractors 100 20. Contractor, Not State Licensed 85 21. Distribution/Shipping & Receiving Hauling, Delivery, Pickup and Delivery, 100 $75/vehicle Express Companies (Ground) 22. Employment Agency 125 23. Express Companies (Air/Rail) 150 24. Exempt No fee Ordinance No. 20-2180 4OF31 25. Farmers Produce Market (Wholesale) In lieu of individual BTRs 200 26. Film and Video Production 150 27. Financial Institutions Banks, Credit Unions, Check Cashing 200 Institutions, Loan Companies, Mortgage Companies, Collection Agency 28. Fleet Vehicles (20T or greater) $125/vehicle 29. Franchise and Regulated Utility Companies 150 30. Fuel, Illuminating, Heating, Lubricating and 150 Gasoline 31. Funeral Home, Cemetery 150 32. Gasoline Filling Station 100 $20/each nozzle With Store: <10 pumps: $300 11-20: $500 >20: 700 33. Golf Course Miniature Golf, Driving Range, Regulation 125 Course 34. Guns/Firearms, In -Store Gunsmith 300 35. Hall for Hire 100 36. Health Facility Gym, Personal Training, Dance Studio 150 37. Home Occupation 75 38. Hospitals 10 beds or less 70 Each additional room 10 over 10 39. Hotel, Motel, Time Share, Air BnB 5 unit Guesthouse (Bed & $5/unit (min. of $50) Breakfast) Campground, Mobile Home Park 5 s ace 40. Import/Export 100 41. Insurance Agencv or Company $85 Office, $25 each agent 42. Land Developer 100 43. Laundry Linen, Towel and Uniform Service 100 $50/vehicle 44. Magazine, Books, Newspaper Sales 50 Ordinance No. 20-2180 5OF31 45. Mail and Message Center 85 46. Manufacturing Various Manufacturing, Assembly, Fabrication and Processing facilities 120 whether food and dessert items, bakery, metal, plastics, Machine Shop, Commercial Laboratories 47. Messenger Service or Package Delivery $75/vehicle 48. Nursing Home 10 beds or less 70 Additional Beds Over 10 5 bed 49. Packing House 100 50. Pari-mutuel Wagering Per each day that pari- 75 mutuel wagering occurs, assumed at 365 days unless an affidavit reflecting a reduced schedule is submitted prior to August 1 51. Parking Lot (For Profit) 70 52. Pawnshop 200 53. Peddler Malls 1-25 booths - $70 26-49 booths - $100 Flea Market, inside only >50 booths - $150 54. Personal Care Barber Shops, Beauty Shops, Nail Salons, 70 Electrolysis Technician 55. Professional Chemist, Engineer, Architect, Medical 100 Doctor, Psychologist, Veterinarian, Attorney, Accountant Auditor, Podiatrist, Chiropodist, Consultant (Business, Engineer) 56. Promoter, sports entertainment 150 57. Publishing Firm Books - $200 Weekly News/Periodicals - $100 58. Railroad Companies 250 59. Real Estate Agency/Broker Leasing & PropertV Management 100 $30/each sales person Appraiser - $100 60. Repair Service Upholsterers/Furniture Repair, other than 100 Automobile repair 61. Restaurants No seats: $50 Ordinance No. 20-2180 6OF31 All types, Quick Service Restaurants, Formal 1-15 seats: $70 and Casual Seating, Ice Cream Shops 16-50 seats:$100 51-150 seats: $150 over 150: $200 62. Retail/Wholesale Merchants Retail and wholesale merchants, business to consumer and business to business, 0-500 SF: $70 501-2000 SF: $100 Medical/Dental Supplies and Equipment 2001-5000 SF: $150 5001-25,000 SF: $200 63. Schools Schools/Kindergartens/Nurseries/Day Care <25 students: $70 26-50 students: $100 for Profit Barber or Beauty Schools 51-75 students: $150 >75 students: $250 64. Services, Personal & Business Advertising, Alarm Systems, Appraiser 100 (Property), Exterminators, Blueprint or Print Shop, Car Wash, Computer Services, Photographer, Carpet Cleaning, Caterer, Drafting, Dry Cleaning, Surveying, Bondsman, Court Reporter, Telephone Answering Service, Disc Jockey, Musical Groups, Dog Groomer, Travel Agency 65. Shooting Gallery 200 66. Skating Rink 150 67. Storage Warehouses/Dead Storage 1-15 units: $50 16-50 units: $125 51-150 units: $175 over 150: $200 68. Storage Lots Impound Lots, General Equipment Storage, 140 Salvage or Junk Yard 69. Telephone Solicitors/Telemarketing 250 70. Theaters (Indoor and Outdoor Motion Picture 200 71. Towing/Wrecker Service $75/vehicle 72. Unclassified Persons or Firms 85 73. Vehicles for Hire Taxi Cabs, Jitney Buses, Limousines $85/vehicle 74. Vehicle Rental Facility Automobiles, Truck, U-Haul, Heavy or Light 140 Ordinance No. 20-2180 7OF31 Rentals Ordinance No. 20-2180 8OF31 Ordinance No. 20-2180 9OF31 Ordinance No. 20-2180 10 OF 31 Ordinance No. 20-2180 11 OF 31 Ordinance No. 20-2180 12 OF 31 Ordinance No. 20-2180 13 OF 31 Ordinance No. 20-2180 14 OF 31 Ordinance No. 20-2180 15 OF 31 e. 11 to 29 empleyees ..... 125.e9 d. 31 to 3Aempleyees ..... 159.09 e. GveF 3O employees ..... 299.99 (63)—€•agfneefs(state licensefegaired) ..... 79.99 l64 a. 1 to 5 empleyees ......�vwn b. 6 to I-9 empleyees ..... 109.00 E. 11 to 20empleyees ....�� nnnn 21 to 30empleyees ..... 159.00 P. 9ver 39 employees ....—z9o-n nn (65) C#tciinitvio-wF—Tc�="rtci o.Pests (state li,cc,oc cgaiinal•. a. 1 to 5 empleyees ..... 70.09 b. 6 to 19 employees ......,..fin nnnn E. 11 to 20-employees ..... 125..99 d. 31 to 39 empleyees ..... 159:99 (66) Ewempti' a. Wader seetien Q2-45 ..... epee b. WndeF seetie—n Q2-4�First ` 0.99 e. WndeF seetien -gP-46 ...wee l4' a. 1 to `}empleyees .....79.OG b. G to I9e^,,,pleyees ..... 10040 E. &4 to 29empleyees ..... 125.99 d. 31 to 39 empleyees..... 150.09 e. 9ver 39 empleyees ...—'2n.wn (68) er-t„neteller-(Can elassufueatien HA) eempanies,tnln -,t'n and telephe n a. 1 to `}employees ..... 70A9 b. 6 to 10 employees ..... 109:$9 e. 11 to z$employees ..... 125..99 d. 31 to 39zmotees .........fin nnnn P. 9vpr 39zmpleyees ..... 200.00 170\ Fuel OiP, Illunginat;ng Meat;ni. I„b.FkGt;ng GGsekne. (See- d-i-stributie.ml Ordinance No. 20-2180 16 OF 31 Ordinance No. 20-2180 17 OF 31 Ordinance No. 20-2180 18 OF 31 Ordinance No. 20-2180 19 OF 31 Ordinance No. 20-2180 20 OF 31 Ordinance No. 20-2180 21OF31 Ordinance No. 20-2180 22OF31 Ordinance No. 20-2180 23 OF 31 Ordinance No. 20-2180 24OF31 Ordinance No. 20-2180 25 OF 31 a. 1 to 5 eFnpleyees-..... 70.00 to 10erep:ATees ..... 190.00 E. �1 tA•20 emp:Afees ...--i=r.00 to 30i npleyees....�o P. 9vcr3AQFnpleyees ...—'2^.00 Sec. 82-44. - Amount of tax to be paid. Ordinance No. 20-2180 26 OF 31 Business tax receipts shall be issued to cover only one of the occupations or business classifications set out in section 82-43, unless otherwise permitted. The amounts assessed as local business taxes against the various trades, businesses and professions are hereby fixed per annum unless otherwise specified. Sec. 82-45. - Prohibition of local business tax receipt without exhibition of state license or registration. (a) Any person applying for or renewing a business tax receipt to practice any profession or engage in or manage any business or occupation regulated by the Department of Business and Professional Regulation, the Florida Supreme Court, or any other state regulatory agency, including any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, before such local business tax receipt may be issued. Online renewals may provide for electronic certification by an applicant to meet this requirement. This subsection shall not apply to professions or businesses having a license or registration under F.S. § 489.113, § 489.117, § 489.119, § 489.131, § 489.511, § 489.513, § 489.521, or § 489.537. (b) In accordance with F.S. ch. 205, certain types of businesses and professions must meet certain licensing, certification, registration or other requirements prior to the city issuing or renewing a business tax receipt. No business tax receipt will be issued or renewed until the applicable requirements of F.S. ch. 205, are met. (c) In the event the city is unsure of a proposed local business tax payer's legal requirements under law for having an active state certificate, registration, or license, the city shall have the right to require a proposed tax payer to present documentation and sign sworn written statements regarding such matters. Sec. 82-46. - Exemptions; motor vehicles. Vehicles used by any person issued a business tax receipt under this article for the sale and delivery of tangible personal property at either wholesale or retail from his place of business on which a local business tax is paid shall not be construed to be separate places of business, and no local business tax may be levied on such vehicles or the operators thereof as salespersons or otherwise by the city any other law to the contrary notwithstanding. Sec. 82-47. - Farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products; certain exemptions. (a) No local business tax receipt shall be required of any natural person for the privilege of engaging in the selling of farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine, or beer, when such products were grown or produced by such natural person in the state. (b) A wholesale farmers' produce market shall have the right to pay a tax of not more than $200.00 for a business tax receipt that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual local business tax receipts to so engage. Sec. 82-48. - Exemption allowed certain disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay a local business tax. The exemption provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 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 Ordinance No. 20-2180 27 OF 31 application and furnishing of the necessary proof as aforesaid, be issued a business tax receipt 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. (b) In no event under this or any other law shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. Sec. 82-49. - Exemptions allowed disabled veterans of any war or their unremarried spouses. (a) Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in F.S. § 1.01(14) in the Armed Forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, army, navy, coast guard, or marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States, and who at the time of his application for a business tax receipt is disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state, and production of an honorable discharge from the service of the United States: (1) Be granted a business tax receipt to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the receipt holder as a means of livelihood and for which the state, county, or municipal license does not exceed the sum of $50.00 for each without payment of any local business tax otherwise provided for by law; or (2) Be entitled to an exemption to the extent of $50.00 on any business tax receipt to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the receipt holder as a means of livelihood when the state, county, or municipal business tax receipt for such business or occupation shall be more than $50.00. The exemption heretofore referred to shall extend to and include the right of the receipt holder to operate an automobile -for -hire of not exceeding five -passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the receipt holder and is being operated by him as a means of livelihood and that the proper local business tax for the operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefor paid by the receipt holder. (b) Pither the 69"Aty OF FRURiGipal business tax as fixed by law shall P-Mr-P-P-d- the sUFA Of $50.00, the FemaffindeF 9 sueh busoness tax in e)(eess of $50.00 shall be paid in eash. (c4 Each tax collecting authority of this state and of each county thereof and each municipality therein shall issue to such persons as may be entitled hereunder a business tax receipt pursuant to the foregoing provision and subject to the conditions thereof. Such receipt when issued shall be marked across the face thereof "Veterans Exempt Receipt" —"Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of such tax collecting authority by means of certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: (1) A certificate of government -rated disability to an extent of ten percent or more; (2) The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; (3) 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; (4) A pension certificate issued to him by the United States by reason of such disability; or Ordinance No. 20-2180 28 OF 31 (S) Such other reasonable proof as may be required by the tax collecting authority to establish the fact that such applicant is so disabled. All business tax receipts issued under this section shall be in the same general form as other state, county, and municipal licenses and shall expire at the same time as such other licenses are fixed by law to expire. (dc) All business tax receipts obtained under the provisions of this section by the commission of fraud upon any issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such receipt, or who has fraudulently received any transfer of a receipt issued to another, and has thereafter engaged in any business or occupation requiring a business tax receipt under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required receipt under the laws of the state. Such business tax receipt shall not be issued in any county other than the county wherein said veteran is a bona fide resident citizen elector, unless such veteran applying therefor shall produce to the tax collecting authority in such county a certificate of the tax collector of his home county to the effect that no exemption from taxation has been granted to such veteran in his home county under the authority of this section. (ed) In no event, under this or any other law, shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (#e) The unremarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran. Sec. 82-50. - Religious tenets; exemption. Nothing in this article shall be construed to require a business tax receipt for practicing the religious tenets of any church. Sec. 82-51. - Charitable, etc., organizations; occasional sales, fundraising; exemption. No business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. Sec. 82-52. - [Reservedl. IC 'all -hess "^' based o n mbe. ^F e^'pleyeesi I;ew ' puteell- Sec. 82-53. - Merchants to pay merchant's tax unless specifically classified. Any person engaged in selling goods, wares and merchandise which is specifically classified shall pay the specifically classified local business tax, and not the merchant's local business tax, but any business not specifically licensed, and engaged in such business, shall pay the merchant's local business tax. Sec. 82-54. - Statutory exemptions. Ordinance No. 20-2180 29OF31 The mandatory exemptions from the payment of local business taxes set forth in F.S. ch. 205, are incorporated herein. Sec. 82-55. - Rebate of fees. No portion of any local business tax herein assessed shall be rebated, unless it clearly appears that such tax was collected by mistake or error; and before making such rebate to a owner or holder of a business tax receipt, all amounts payable under a proper business tax receipt shall be paid. Sec. 82-56. - Dates due and delinquency; penalty. (a) All business tax receipts shall be sold by the appropriate tax collector beginning July 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Business tax receipt that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the local business tax for the delinquent establishment. The City Commission, by resolution, may grant a partial or full waiver of the delinquency penalty. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a business tax receipt, is subject to a penalty of 25 percent of the tax 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 chapter, 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 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 $250.00. Sec. 82-57. - Penalty for chapter violation. The penalties and revocation provisions of F.S. ch. 205, relating to business tax receipts are incorporated herein by this reference. Persons to be found in violation of any section of this chapter, where no specific penalty is provided in F.S. ch. 205, or this article, shall be subject to the provisions under chapter 2, article VI, division 2, regarding the codes enforcement and other remedies and enforcement actions afforded to the city by law and equity. Secs. 82-58-82-81. - Reserved. SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; and any sections, subsection, paragraph, or subparagraph may be renumbered or re -lettered as appropriate and to accomplish the intent of this Ordinance. SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. Ordinance No. 20-2180 30 OF 31 SECTION 5: This Ordinance shall take effect immediately upon its adoption. The tax schedule set forth in Section 82-43, as amended by this Ordinance, will be effective for the fiscal year beginning October 1, 2020 and thereafter. FIRST READING: May 4, 2020 SECOND READING AND ADOPTION: May 18, 2020 PASSED AND ADOPTED THIS 18th DAY OF MAY, 2020 MATTHEW MORGAN, MAYOR ATTEST: MICHELLE LONGO, CIVIC, FCRM CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DA IELW.MT5GF1,ZffYXTTORNEY Ordinance No. 20-2180 31 OF 31