Local business tax receipt

(a)

Requirement; tag. It shall be unlawful to operate any vehicle on any street, alley, sidewalk, or public park within the city until the proper local business tax receipt, as set forth in City Code chapter 31, has been issued by the city manager or designee, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of local business tax receipt, and the year for which the local business tax receipt is paid. Such tag shall be, at all times during the period for which the local business tax receipt is paid, securely affixed and attached in a conspicuous place on the left rear of each vehicle covered under the local business tax receipt.

(b)

Application. The local business tax receipt referred to in subsection (a) hereof shall be issued in accordance with chapter 31 of the City Code. The application for a local business tax receipt, which application may be received as early as June 1 prior to the commencement of a license year which extends from September 30 to October 1, shall include the following, in addition to information required by the City Code:

(1)

Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of every vehicle to be used in the applicant's business.

(2)

The name, address, telephone number and form of business. If the applicant is a corporation, it shall also state the names, addresses and occupations of its officers, directors and major stockholders, and the names and addresses of any parent or subsidiary companies, the date and place of incorporation, and, if incorporated outside of the State of Florida, whether or not it is qualified to do business within the State of Florida. If the applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the names and addresses of each member, whether active or inactive, shall be set forth, and if one or more partners or members are corporations, the names and addresses and occupations of such corporations' officers, directors and major stockholders shall also be stated. Evidence of registration of a fictitious name or trade name, if any, under which the applicant proposes to do business.

(3)

A description of the proposed service to be provided by the applicant including the area of the city to be covered and times of operation.

(4)

A description and photograph of the type of vehicle to be used in the operation of the business. The photograph shall accurately represent the vehicle in an operational mode.

(5)

A certificate of inspection as required by section 57-29 hereof.

(6)

A certificate of insurance as required by subsection (h) hereof.

(7)

The proposed location of the business office for the vehicle operation, the proposed location for storage of the vehicles and the proposed location for sheltering or stabling of the animals.

(c)

Issuance.

(1)

Not later than 60 days after the filing of a completed application, and obtaining all applicable approvals and certificates for a vehicle local business tax receipt, the city manager or designee shall issue the local business tax receipt. If the local business tax receipt is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application.

(2)

Upon receipt and acceptance of a completed application for a local business tax receipt, the city manager or designee shall forward a copy of said application to the police department. For all local business tax receipts covering non-human-powered, nonmotorized vehicles, the city manager or designee shall also forward copies of said application to the resilience and public works department, and the director of the department of off-street parking. Each official shall evaluate the application for public health, safety and welfare concerns as pertains to his/her department. If the applicant's plan for service meets with the official's approval, he/she shall report said approval in writing to the city manager or designee. If said plan or application does not meet with the approval of the reviewing official, he/she shall report such disapproval to the applicant and to the city manager or designee with the reasons for disapproval listed in writing. Should the application be disapproved by the chief of police, the director of the department of resilience and public works, or the director of the department of off-street parking, the application for local business tax receipt shall be denied, and no local business tax receipt to operate the business shall be issued to the applicant.

(3)

Any applicant whose application for a permit has been denied may, within 30 days after said denial, appeal in writing to the city commission, which shall schedule a hearing thereon within 45 days after receipt of said appeal.

(d)

Denial, suspension and revocation. Any local business tax receipt issued hereunder may be denied, suspended or revoked in accordance with the procedures contained in City Code chapter 31 for the following reasons:

(1)

Fraud or misrepresentation contained in the application for the local business tax receipt.

(2)

Where any operator has failed to comply with any of the provisions of this article or has willfully or knowingly violated any such provision.

(3)

Where any operator has conducted the licensed business in such manner so as to create a public nuisance, or endanger the public health, safety or welfare or, knowingly and unnecessarily, impede the flow of vehicular or pedestrian traffic.

(e)

No unlicensed driver permitted. No operator holding a business tax receipt under this article shall knowingly permit any vehicle operated under such local business tax receipt to be driven, or propelled, except by a chauffeur holding a current driver's license issued by the Florida department of highway safety and motor vehicles.

(f)

Compliance with laws required. Every applicant shall comply fully with all ordinances, rules, and regulations of the city, Dade County, and all statutes of the State of Florida, applicable thereto during the local business tax receipt period.

(g)

Renewal; duplicates.

(1)

All local business tax receipts are valid for the entire licensing period unless revoked or suspended prior to expiration. Application to renew a local business tax receipt shall be made no later than 30 days before the expiration of the current local business tax receipt; said application shall comply with all provisions required for issuance of local business tax receipts.

(2)

If a local business tax receipt issued under this section is lost or destroyed, the local business tax receipt holder may obtain a duplicate upon payment of a $10.00 service charge.

(h)

Insurance. For each vehicle there shall be maintained a policy or policies of liability insurance applicable to the type of vehicle licensed with at least a combined single limit for bodily injury or property damage liability of $500,000.00 per occurrence. A certificate of insurance indicating the liability amounts and the policy period must be on file with the city manager or designee prior to issuance of a local business tax receipt. The certificate should indicate that coverage extends to or beyond the licensing period.

(Ord. No. 10100, § 1(2), 4-22-86; Ord. No. 10179, § 1, 11-13-86; Code 1980, § 56-212; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13745, § 4, 2-22-18; Ord. No. 13792, § 1, 10-11-18)

Editor's note— Ord. No. 12885, § 1, adopted February 8, 2007, changed the title of § 57-27 from "Occupational license" to "Local business tax receipt." The historical notation has been preserved for reference purposes.