Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 19. Taxation |
Article V. Local Business Tax |
§ 19-100. Definitions. |
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When used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: (1) Receipt means the document that is issued by the City of Lake Wales which bears the words "Local Business Tax Receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this article relating to the business tax. (2) Classification means the method by which a business or group of businesses is identified by size or type, or both. (3) Local business tax means the fees charged and the method by which the City of Lake Wales grants the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, commission, or officer for permits, registration, examination, or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, but not in lieu of, any local business tax imposed under the provisions of this article. (4) Person means any individual, firm, partnership, joint adventure, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular. (5) Taxpayer means any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees, and transferees of any such person or agent. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-101. Levy, application; limitation. |
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A local business tax is hereby levied on and shall be paid by the several firms, persons, or associations engaging in or managing businesses, professions or occupations within the jurisdictional boundaries of the City of Lake Wales and the amount of such tax for which a receipt is required is hereby fixed in accordance with the schedule in section 19-130. Unless otherwise exempted in this article, such local business tax shall be levied on: (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; and (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 (2) or (3) above and who transacts any business or engages in any occupation or profession in interstate commerce where such tax is not prohibited by section 8 of Article I of the United States Constitution and where such transaction or engagement occurs within the city. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-102. Local business tax receipt required. |
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No person shall engage in or manage any business, profession, or occupation, in the city for which local business tax receipt is required by this article, unless a receipt shall have been procured from the city. Such receipt shall be issued to each person, firm, corporation or association upon remittance to the finance department of the amount required by this article, or as may be otherwise provided by law, for each receipt signed by the city clerk and which said receipt shall have attached thereto the seal of the city. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-103. Local business tax receipt to be displayed. |
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The owner or operator required by this article to pay a local business tax shall post and at all times display the local business tax receipt in his business establishment. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-104. Application for local business tax receipt. |
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(a) All applicants for a local business tax receipt under this article shall file a written application on forms to be furnished by the city. Such application shall state the name, location, nature or kind of activity to be conducted, the number of persons employed or engaged in such activity, the owner or owners of such business or profession. No person shall be granted a receipt to conduct any business at a location not permitted under the zoning ordinances of the city. (b) It shall be unlawful for any person to file a false or fraudulent application or amended application for a local business tax receipt, and any person found to have filed a false or fraudulent application or amended application for a local business tax receipt shall be punished as prescribed by section 1-15 of this Code. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-105. Status of fictitious name registration. |
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(a) As a prerequisite to receiving a local business tax receipt under this article or transferring a business receipt under section 19-116 or 19-117, 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 that the applicant or new owner need not comply with the Fictitious Name Act. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-106. Proof of required licensing. |
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(a) Prior to issuance of local business tax receipt, any applicant seeking to engage in or manage any business, profession, or occupation regulated by any federal, state or county department, board or commission must provide proof of holding an active federal, state or county license, registration, certificate or permit. A copy of said license, registration, certificate or permit shall be attached to the application for local business tax receipt and retained as record by the city. Thereafter, only persons applying for the first time for a receipt must exhibit such license, registration, certificate of permit. (b) The Department of Business and Professional Regulation shall by August 1 of each year, supply to the city a current list of professions it regulates and information regarding those persons for whom receipts should not be renewed due to suspension, revocation, or inactivation of such person's state license, certificate or registration. The city shall not renew such receipt unless such person can exhibit an active state certificate, registration or license. (c) Pharmacies and pharmacists. The city may not issue a business tax receipt to operate a pharmacy unless the applicant produces a current permit issued by the Board of Pharmacy; however, no such receipt is required to practice the profession of pharmacy. (d) Assisted living facilities. The city may not issue a business tax receipt for the operation of an assisted living facility pursuant to chapter 429 F.S. without first ascertaining that the applicant has been licensed by the Agency for Health Care Administration to operate such facility at the specified location or locations. The Agency for Health Care Administration shall furnish to local agencies responsible for issuing business tax receipts sufficient instructions for making the required determinations. (e) Pest control business. The city may not issue a business tax receipt to any pest control business regulated under chapter 482 F.S. unless a current license has been procured from the Department of Agriculture and Consumer Services for each of its business locations in that municipality or county. Upon presentation of the requisite licenses from the department and the required fee, a business tax receipt shall be issued by the municipality or county in which application is made. (f) Health studio; ballroom dance studio. The city may not issue or renew a business tax receipt for the operation of a health studio pursuant to F.S. §§ 501.012—501.019, or ballroom dance studio pursuant to F.S. § 501.143, unless such business exhibits a current license, registration, or letter of exemption from the Department of Agriculture and Consumer Services. (g) Sellers of travel. The city may not issue or renew a business tax receipt to engage in business as a seller of travel pursuant to part XI of chapter 559 F.S. unless such business exhibits a current registration or letter of exemption from the Department of Agriculture and Consumer Services. (h) Telemarketing businesses. The city may not issue or renew a business tax receipt for the operation of a telemarketing business under F.S. §§ 501.604 and 501.608, unless such business exhibits a current license or registration from the Department of Agriculture and Consumer Services or a current affidavit of exemption. (i) Household moving services. The city may not issue or renew a business tax receipt for the operation of a mover or moving broker under chapter 507 F.S. unless the mover or broker exhibits a current registration from the Department of Agriculture and Consumer Services. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-107. Certificate of use required. |
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Prior to issuance of local business tax receipt, the structure or site designated as the location of the business to be receipted shall receive a certificate of use issued by the city's director of planning and development. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-108. Issuance of receipt signifies payment of tax. |
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The issuance of local business tax receipt by the city shall signify only that the holder of the receipt has paid the required local business tax. Such issuance shall not waive any provision or regulation of any city ordinance, county ordinance, state law, or federal law. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-109. Computing tax; multiple tax by one person at one location. |
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Whenever in any reasonable construction of this article more than one (1) business, profession or occupation is operated by the same person, each business, profession or occupation will be required to have a local business tax receipt. The tax for multiple licenses held under one (1) ownership at one (1) location shall not exceed three hundred fifty dollars ($350.00) unless specified otherwise in the business tax schedule provided in this article. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-110. Professions; tax construed. |
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The tax provided in the business tax schedule of this article for professionals listed in section 19-127, or other professions not therein classified, shall be construed to mean that each individual shall pay the tax herein provided, whether practicing by himself, in partnership, in a professional association or employed by another. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-111. Conclusive evidence of engaging in business. |
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The fact that any person reports himself to be engaged in any profession, occupation, or industry for the transaction of which a local business tax receipt is required under this article either by exhibiting a sign or advertisement or by advertising in any newspaper or any other publication or periodical or by the distribution of any advertising matter or material or in any other way indicating engagement in such business, profession, or occupation, shall be conclusive evidence of the liability of such person to pay a local business tax under this article regardless of whether any business has actually been transacted or not. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-112. Engaging in business without first obtaining a local business tax receipt; penalties. |
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(a) 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 twenty-five (25) percent of the tax determined to be due in addition to any other penalty provided by law or by this article. A receipt issued under a false statement shall not be considered a valid business tax receipt. (b) Any person engaging in or managing any business, occupation, or profession covered by this article, who does not pay the required business tax within 150 days after the initial notice of tax due, and who does not obtain the required receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. (c) Any person violating the requirements of this chapter shall be subject to code enforcement procedures and penalties in accordance with chapter 12 of this Code. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-113. When due and payable; duration. |
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(a) All local business tax receipts shall be sold by the city beginning August 1 of each year and shall be due and payable on or before September 30 of each year, unless September 30 falls on a Saturday, Sunday or legal holiday in which event the tax shall be due on or before the first working day following September 30, and shall expire on September 30 of the succeeding year. (b) No receipts shall be issued for more than one (1) year. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-114. Delinquency penalty. |
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Those business tax receipts not renewed by September 30 shall be considered delinquent and subject to a delinquency penalty for ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid; provided, however, that the total delinquency penalty shall not exceed twenty-five (25) percent of the business tax for the delinquent establishment. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-115. Fractional-year receipts. |
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(a) Any person who is not liable for a business tax receipt pursuant to this article during the first half of the tax year (i.e., through April 30) may be issued a business tax receipt during the second half of the tax year (i.e., after May 1) upon payment of one-half the amount fixed as the price of such tax for one (1) year, which such business tax receipt shall expire on September 30 of the year of issuance in the same manner as an annual receipt. (b) Any person who is not liable for a business tax receipt during the first three (3) quarters of the tax year (i.e., through July 14) may be issued a receipt during the fourth quarter of the tax year (i.e., after July 15) upon payment of one-quarter of the amount fixed as the price of such business tax for one (1) year, which receipt shall expire on September 30 of the year of issuance in the same manner as an annual receipt. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-116. Transfer of business tax receipt to new owner. |
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Unless otherwise prohibited by this article, a business tax receipt may be transferred to a new owner upon presentation of evidence of bona fide sale of the business. Such transfer will take place with the issuance of a new receipt in the name of the new owner and will require the completion of an application by the new owner, payment of a receipt transfer fee of up to ten (10) percent of the annual tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and surrender of the original receipt. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-117. Transfer of business tax receipt to new location. |
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A business tax receipt may be transferred from one (1) location to another location within the city when the owner of the receipt changes the physical location of the business. If such use is permitted in the zoning district of the new location, such transfer will take place with the issuance of a new receipt for the new location and will require the completion of an application showing the new business address, payment of a receipt transfer fee of up to ten (10) percent of the annual tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and surrender of the original receipt. Such transferred receipt shall be of the same force and effect and for the same period as the original receipt. Such transfer shall be made upon presentation of a certificate of use issued by the planning and development director for the new location. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-118. Sale of receipt to minors; amusement centers; circuses, carnivals, etc.; peddlers, solicitors. |
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(a) No business tax receipt under this article shall be issued to a person who is a minor under the provision of state law. (b) No business tax receipt under this article shall be issued to an amusement center, electronic game recreation center or business where the sole or main activity is the use or operation of a minimum of ten (10) coin-operated or noncoin-operated games or devices whether electronic or nonelectronic, if played for amusement purposes unless location and business are approved by the city commission in accordance with provisions of section 14-71 et seq. (c) No business tax receipt under this article shall be issued to a circus, carnival or similar public amusement unless location is approved by the city manager. (d) No business tax receipt under this article shall be issued to peddlers or solicitors except in accordance with provisions of section 14-131 et seq. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-119. Exemption—nonresident persons regulated by the department of business and professional regulation. |
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If any person engaging in or managing a business, profession, or occupation regulated by the Department of Business and Professional Regulation has paid a business tax for the current year to the county or municipality where the person's permanent business location or branch office is maintained, the City may not levy a business tax on the person for performing work or services of a temporary or transitory basis within the city limits. This exemption does not apply if a permanent office or business location is maintained in the city. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-120. Exemption—religious tenets. |
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Nothing in this article shall be construed to require a business tax receipt for practicing the religious tenets of any church. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-121. Exemption—charitable and other organizations; occasional sales and fund raising. |
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(a) Business, profession, and occupation do not include the customary religious, charitable, or educational activities of nonprofit religious, nonprofit charitable, and nonprofit educational institutions in this state, which institutions are more particularly defined and limited as follows: (1) Religious institutions means churches and ecclesiastical or denominational organizations or established physical places for worship in this city at which nonprofit religious services and activities are regularly conducted and carried on. (2) Educational institutions means state tax-supported or parochial, church and nonprofit private schools conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the 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. (3) Charitable institutions means only nonprofit corporations operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay. (b) 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 fund raising projects that 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. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-122. Exemption—school activities. |
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College and high school students and members of athletic booster clubs may, with the approval of the athletic association or authority of their school, sell the pennants, badges, insignia and novelties of their school and athletic teams without being required to pay a business tax. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-123. Exemption—certain disabled persons, the aged, and widows with minor dependents. |
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(a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons sixty-five (65) years of age or older, with not more than one (1) employee or helper, and who use their own capital only, not in excess of one thousand dollars ($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 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 sixty-five (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 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 business tax receipt to sell intoxicating liquors or malt and vinous beverages. (c) Before granting the exemption provided in this section, the city shall require a physician's confirmation of the applicant's disability, and, if exemption is being claimed by a widow with minor dependents or by a person over sixty-five (65) years of age, the city shall require proof of the right to exemption. (d) Any business tax receipt issued in accordance with this section shall be clearly marked across the face thereof "Exempt Receipt - Not Transferable." Proof of right to exemption shall be attached to application and retained for future reference in the official records of the city. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-124. Exemption—Disabled veterans of any war, or their unremarried spouses. |
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(a) Any bona fide, permanent resident elector of the state who is a disabled veteran of any war pursuant to and with proof of such right to exemption submitted in accordance with F.S. Ch. 205.171, is entitled to an exemption of fifty dollars ($50.00) on a business tax receipt to practice a business, occupation, or profession in the city as authorized by this chapter provided such exemption is not granted on the issuance of a receipt to sell intoxicating liquors or malt and vinous beverages. (b) 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. (c) Any business tax receipt issued in accordance with this section shall be clearly marked across the face thereof "Veterans Exempt Receipt - Not Transferable." Proof of right to exemption shall be attached to application and retained for future reference in the official records of the city. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-125. Exemption—Motor vehicles. |
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Vehicles used by any person receipted 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 receipt 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. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-126. Exemption—Farm products, etc. |
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No 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. If classified as peddler, however, such person is subject to other provisions of this Code which regulate registration of peddlers and which restrict selling from roadside. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-127. Exemption—Mobile home setup operations. |
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No business tax receipt shall be required of a state-licensed mobile home dealer or manufacturer with no permanent business location or branch office within the municipal limits, or an employee of such dealer or manufacturer, to perform setup operations within the municipal limits. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-128. Exemption—Auctioneer. |
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No business tax receipt shall be required of a state-licensed auctioneer with no permanent business location or branch office within the municipal limits to engage in the profession of auctioneer. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-129. Determination of classification. |
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In the event of any disagreement between the applicant and the city on the question of proper classification of any business, occupation or profession for tax purposes under this article, the city manager or his designee shall decide the proper classification, with the right reserved to the applicant to appeal from such decision to the city commission, whose decision in the matter shall be final. |
(Ord. No. 2006-47, § 2, 12-5-06) |
§ 19-130. Amounts of local business tax fixed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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The following enumerated local business taxes shall be paid to the city by those listed in the respective listed categories and engaging in, managing or transacting the several occupations or professions named as follows:
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(Ord. No. 2006-47, § 2, 12-5-06) |