The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Alarm administrator means a person or persons designated by the city to administer the provisions of this ordinance.

Alarm company means a person, company, firm, or corporation which has the contractual agreement with the alarm user and is subject to the licensing requirements, and engaged in selling, leasing, installing, servicing or monitoring alarm systems; this entity shall be licensed in compliance with city, county and state laws.

Alarm permit means a permit issued to an alarm user by the city allowing the operation of an alarm system within the city.

Alarm signal means a notification to the city that an alarm has been activated at a particular alarm site and that city emergency service is requested.

Alarm system means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon a city emergency service response, including local alarm systems. Alarm system does not include an alarm installed in a vehicle or on someone's person unless the vehicle or the personal alarm is permanently located at a site.

Alarm user means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing, or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises.

Alarm user awareness class means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.

Cancellation means termination of response by the police department when the alarm company notifies the police department that there is not an existing situation at the alarm site requiring emergency services response after an alarm dispatch request. If cancellation occurs within three minutes of dispatch and prior to police arriving at the scene, no penalty will be assessed.

Compliance standards means equipment and installation methods shall comply with all appropriate nationally recognized testing laboratories and American National Standards Institute (ANSI) requirements.

Enhanced call confirmation (ECC) means an attempt by the alarm system monitoring company to contact the alarm site and/or alarm user by telephone and/or other means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement response. A second call shall be made to an alternate number provided by the alarm user if the first attempt fails. Except in case of a fire, panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified as defined in ANSI/CSAA CS-V-01-2016(or current version).

False alarm means an alarm dispatch request, that has generated a city emergency service response, which is canceled, or when no emergency condition is found at the alarm site.

Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user.

Permit year means a 12-month period beginning on the day and month on which an alarm permit is issued.

(Ord. No. 2022-003, § 2, 2-16-2022)

(a)

Permit required. No alarm user shall operate, or cause to be operated, an alarm system without a valid alarm permit. Each alarm permit shall be assigned a unique permit number, and the user shall provide the permit number to the alarm company to facilitate law enforcement dispatch.

(1)

A separate alarm permit is required for each alarm site. If an alarm user has one or more alarm systems protecting two or more properties having different addresses, a separate permit shall be required for each address. A tenant of residential property or apartment shall obtain an alarm permit in their name before obtaining or causing the operation of an alarm system in the tenant's residential unit. The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and offices, and storage and equipment areas.

(2)

The permit shall be requested on an application form provided by the city. An alarm user has the duty to obtain an application from the city within five days of the alarm system installation or an alarm system transfer. The application shall require the name, address and daytime and evening telephone numbers of the alarm user and the property owner (if different from the alarm user), in addition to any other information required by the city for enforcement of this article.

(3)

An alarm permit shall expire 12 months from the date of issuance and must be renewed annually by submitting an updated application and permit renewal fee to the city or its designee. A late fee will be assessed if the renewal is more than 30 days late. Failure to renew will be classified as a non-permitted alarm system and additional fines will be assessed.

(4)

The city may deny a permit issuance or renewal to an alarm user that has not paid all applicable fees previously incurred on any alarm permit assigned to the alarm user.

(b)

Transfer of possession. Alarm permits are not transferable and cannot be transferred to another person or location. When the possession of the premises at which an alarm system is maintained is transferred, the person obtaining possession of the property shall file an application and pay any associated fees for an alarm permit within five days of obtaining possession of the property.

(c)

Reporting updated information.

(1)

It is the responsibility of the alarm user to notify the city whenever the information provided on the alarm permit application changes. The alarm user shall provide correct information to the city, in the manner designated by the city, within five business days of the change. In addition, alarm users shall confirm or update existing permit information annually at the time of renewal.

(2)

If emergency services respond to an alarm and find that the permit or emergency contact information is incorrect, city shall notify alarm user by letter sent to the location where the alarm system is installed. The alarm system owner must submit correct updated information to the city within 15 days of receipt of this letter.

(3)

Failure to maintain current the alarm permit information will make the alarm system user subject to the assessment of an invalid permit fee. This fee shall then be imposed for every instance where the police respond and the alarm owner has failed to supply current information and shall be in addition to any other fees imposed.

(d)

Confidentiality. In the interest of public safety, all information contained in and gathered through the alarm permit applications and applications for appeals shall be held in confidence by all employees or representatives of the city and by any third-party administrator or employees of a third-party administrator with access to such information, unless disclosure is otherwise required by law.

(Ord. No. 2022-003, § 2, 2-16-2022)

(a)

An alarm user shall:

(1)

Maintain the premises and the alarm system in a manner that will reduce or eliminate false alarms.

(2)

Provide the alarm company the permit number, (the number must be provided to the communications center by the alarm company to facilitate dispatch).

(3)

Respond or cause a representative to respond to the alarm system's location within 30 minutes when notified by emergency services.

(4)

Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.

(5)

Not use automatic voice dialers.

(b)

Any person engaged in the alarm business in the city shall comply with the following:

(1)

F.S. ch. 489.

(2)

Obtain and maintain the required state, county and/or city license(s).

(3)

Provide name, address, and telephone numbers of the alarm company license holder or a designee who can be called in an emergency, 24 hours a day; and be able to respond to an alarm call, when notified, within a reasonable amount of time.

(4)

Be able to provide the most current contact information for the alarm user; and to contact a key holder for a response, if requested.

(5)

Provide reports of alarm system locations and triggered alarms in the format required by the city every 30 days or upon request by the city.

(6)

An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the city of such purchase and provide details as may be requested by the city.

(c)

Prior to activation of the alarm system, the alarm company must provide instructions explaining the proper operation of the alarm system to the alarm user. Ensure that all alarm users of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm.

(d)

After completion of the installation of an alarm system, the alarm company employee shall review with the alarm user the customer false alarm prevention checklist (appendix A, attached to the ordinance from which this article derived) or an equivalent checklist approved by the city. The alarm company employee shall complete, sign and date the alarm prevention checklist and maintain a copy for a period of two years.

(e)

An alarm company performing monitoring services shall:

(1)

Attempt to confirm, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone confirmation shall require, as a minimum that a second call also known as enhanced call confirmation (ECC), be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in case of a fire, panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified as defined in ANSI/CSAA CS-V-01-2016(or current version).

(2)

Provide alarm user registration number to the communications center to facilitate dispatch and/or cancellations.

(3)

Communicate any available information about the location of the alarm.

(4)

Communicate a cancellation to the law enforcement communications center as soon as possible following a determination that response is unnecessary.

(5)

Maintain for a period of at least one year from the date of the alarm dispatch request, records relating to the alarm dispatch. Records must include name, address and telephone number of the alarm user, the alarm system zones activated, the time of alarm dispatch request and evidence of an attempt to verify the alarm. The alarm administrator may request copies of such records for individual alarm users. If the request is made, the alarm monitoring company shall provide requested information within ten business days of receiving the request.

(Ord. No. 2022-003, § 2, 2-16-2022)

(a)

It is hereby found and determined that three or more false alarms within a permit year is excessive, constitutes a public nuisance, and shall be unlawful and subject to the fees as proscribed herein.

(1)

The officer responding to an alarm dispatch shall indicate on the dispatch record whether the notification was caused by a criminal offense, an attempted criminal offense or was a false alarm.

(2)

In the case of an assumed false alarm or alarm malfunction at an unattended property, the responding officer shall leave notice at the alarm site that the police department has responded to a false alarm or alarm malfunction. The notice shall include the following information:

a.

Date and time of the police response to the false alarm notification;

b.

The identification number of the responding officer; and

c.

A statement that shall, in substance, urge the registered owner to ensure that the alarm system is properly operated and maintained to avoid service fees.

(b)

It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than ten minutes.

(c)

It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm.

(d)

It shall be unlawful to install, maintain, or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the city.

(e)

It shall be unlawful to operate a burglar alarm system within the city without an alarm permit or with an invalid or expired permit.

(Ord. No. 2022-003, § 2, 2-16-2022)

(a)

Unless stated otherwise, a violation of any of the provisions of this ordinance shall be a civil violation and shall not constitute a misdemeanor or criminal infraction.

(b)

If the city assesses administrative fees or penalties, the city or its designee, shall send by registered mail, to the owner of the real property, or landlord of the leasehold premises where the alarm system is located and the alarm owner or the applicable alarm company written notice of the assessment of a fee and of the right to an appeal. All fees and fines are due within 30 days of notification or the responsible party shall be subject to additional late payment fees.

(c)

Appeal. The alarm user may appeal an assessment of a fine or suspension of an alarm permit to the city by setting forth in writing the reasons for the appeal within ten business days after receipt of the fine or notice of suspension and by submitting payment of the appeals fee plus the assessed fine payable to the city. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalty(ies) or other enforcement decision. If the alarm user is successful on appeal, the appeal fee and associated fine will be refunded. The appeal shall be heard by a special magistrate appointed by the city.

(1)

Notice of the city's action is presumed received on the fifth day of mail service after mailing by the city unless the recipient presents evidence proving otherwise.

(2)

Filing of a request for an appeal shall stay the imposition of further fees or penalties until the special magistrate has completed her review and rendered a decision. A hearing shall be scheduled within 60 days from the date of written request for same is received.

(3)

The decision of the special magistrate shall be determined based upon a preponderance of the evidence after conducting a hearing and considering the evidence presented by any interested parties.

(4)

Within 20 days of the hearing, the special magistrate shall affirm, reverse, or modify the action of the city.

(5)

The decision of the special magistrate is final as to administrative remedies within the city but does not preclude an appeal to any court of competent jurisdiction.

(d)

Fees and costs incurred either as service charges for false alarms, late fees, violations and/or hearing assessments shall constitute a lien against the premises to the same extent as a lien for special assessment, and with the same penalties and same rights of collection for foreclosure sale and forfeitures obtained for special assessment liens and may be handled in that manner by the city.

(Ord. No. 2022-003, § 2, 2-16-2022)

Alarm registration is not intended to, nor will it, create a contract, duty of obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the city department response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.

(Ord. No. 2022-003, § 2, 2-16-2022)

Fees as indicated by this article shall be set and amended by resolution of the city commission and included in the city's fee booklet as amended.

(Ord. No. 2022-003, § 2, 2-16-2022)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bingo and guest games mean any game commonly known as bingo and all other similarly organized and played games wherein participants pay a sum of money for the use or benefit of one or more prenumbered cards. When the game commences, numbers are drawn by chance, one by one, and announced; and the numbers are continually ascertained at random until a participant announces that he has matched up on the prenumbered purchased card enough randomly drawn numbers to complete the desired winning pattern of numbers. At this time, the participant calls out "bingo" or such other desired word or phrase and is declared the winner of a predetermined prize.

Leased full-time means a lease of not less than one year's duration in which the leased premises are occupied solely by the exempted organization and not sublet to or shared with any other organization. This definition is intended to preclude the use of any one premises for bingo more than twice a week regardless of the entity conducting the game.

Operator means the person performing, operating, conducting, managing, directing or supervising a bingo or guest game. The following described acts or activities are not exclusive; but they shall constitute performing, operating, conducting or supervising a bingo game:

(1)

Directly or indirectly causing the supply, distribution and collection of prenumbered bingo cards.

(2)

Direct or indirect acceptance or collection of money from players for the purpose of participating in a bingo game.

(3)

Actual distribution of prizes to players.

(4)

Selecting or announcing numbers or other characters involved in playing the game of bingo.

(Code 1980, § 19-21)

Cross reference— Definitions generally, § 1-2.

Condominium and cooperative associations in the city which conduct bingo or guest games for the enjoyment of their residents and guests of those residents shall, subject to the restrictions in this section and section 7-153, shall be exempt from the provisions of section 21, article IV of the county code which pertains to the regulation of bingo and guest games.

(Code 1980, § 19-22)

(a)

Condominiums or cooperative associations.

(1)

In the case of condominium or cooperative associations which are organizations referred to in F.S. § 849.093(3), the entire net proceeds from bingo or guest games must be distributed to the players in the form of prizes or, if at the conclusion of any one session there remain proceeds which have not been paid out in prizes, the operator shall at the next day of play conduct bingo or guest games without charges to the players until such excess proceeds are exhausted.

(2)

As to condominium or cooperative associations which are organizations referred to in F.S. § 849.093(2)(a), the entire proceeds derived from the conduct of bingo games, less disbursements for prizes and actual business expenses for articles designed for and essential to the operation, conduct and playing of bingo, shall be denoted for charitable, civic, community, benevolent, religious or scholastic works.

(b)

Requirements. Operation of bingo or guest games shall:

(1)

Be bona fide members of the exempted organization conducting the game;

(2)

Not receive any remuneration of any nature;

(3)

Conduct the game solely on the premises owned or leased full-time by the exempted organization;

(4)

Not conduct games for more than one cooperative or condominium association; and

(5)

Not allow anyone under 18 years of age to play.

(Code 1980, § 19-23)

Each operator shall permit observation of the game at all times games are in progress by any state law enforcement officer.

(Code 1980, § 19-24)

If any word, sentence or paragraph of this article is declared invalid by a court of competent jurisdiction, the entire contents of all of this article shall be deemed repealed and any conflict with section 21, article IV of the county code no longer would exist.

(Code 1980, § 19-25)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Coin-operated amusement device means any machine, contrivance or device which is set in motion or permitted to function by the insertion of a coin or slug, and which is operated for amusement only and does not dispense any form of prize or reward.

Coin-operated devices means:

(1)

Automatic vendors means automatic coin-operated vending and amusement machines with premium features, which may or may not vend for each coin deposited a standard article of merchandise having recognized retail value, and which at intervals vend checks, tokens, coins or orders which may or may not be exchanged for additional merchandise.

(2)

Skill machines means coin-operated skill machines, commonly referred to as pin games, marble tables and similar devices of this type which may have a skill feature, which machines may or may not pay a reward for skillful operation, or upon which operation premiums may or may not be given for high score or making certain combinations. Such premiums may be awarded either automatically by the machine in the form of checks, tokens or orders which designate the value of the premium or may be indicated by a scorecard attached to the machine.

(3)

Trade machines means machines which have no automatic vending feature, although, at intervals, indicate that the patron is entitled to receive premiums.

(4)

Other machines means all other coin-operated machines or slot machines not specifically covered by this section and which shall be subject to an occupational license tax as provided in this Code or other ordinances of the city.

Location operator means any person who displays any coin-operated device to the public to be played or operated by the public.

Operator means any person who leases or rents out or places, under any kind of arrangement whatsoever, with any other person or a location operator any coin-operated device.

(Code 1980, § 18-50)

Cross reference— Definitions generally, § 1-2.

This article shall not be construed as authorizing the use of any machine, contrivance or device for gambling or as a game of chance. This article is intended to cover all machines that are subject to be licensed under the state statutes.

(Code 1980, § 18-51)

The city commission shall make and promulgate such reasonable rules and regulations as may be necessary to determine uniform classification of all devices and machines regulated by this article.

(Code 1980, § 18-52)

All machines regulated by this article shall be operated and maintained at all times in an orderly manner, and their operation shall be conducted with the same dignity as any other well-regulated business.

(Code 1980, § 18-53)

The licensing of devices or machines regulated by this article shall not interfere with or restrain any law enforcement officer of the city from arresting anyone operating such machine for gambling, nor prevent the seizure and confiscation of such machine, should it be used for gambling.

(Code 1980, § 18-56)

No laws which have for their purpose the prohibition of gambling devices shall be violated by the use of coin-operated machines regulated by this article.

(Code 1980, § 18-57)

All machines regulated by this article shall at all times be subject to such inspection as may be directed by the chief of police.

(Code 1980, § 18-59)

(a)

Display on machine required. All coin-operated vending or amusement machines required to be licensed under section 18-37 shall display in a prominent place on each machine the name and address of the owner or operator of the machine, together with a proper sticker or decal, to be furnished or approved by the city, showing that the current tax has been paid; provided, if any such machine shall be exempt, the owner or operator shall display his name, address and statement of exemption on the machine.

(b)

Notice of delinquent taxes if decal not affixed to machine. Whenever any enforcement officer of the city shall find any coin-operated machine required to be licensed under this article to be operated without a current, valid decal, he shall attach to the machine a notice of delinquent taxes. The notice shall be in a form to be approved by the city and shall state that the delinquent business tax shall be paid within ten days of the date the notice is affixed. Removal of the notice by anyone other than an officer of the city or removal of any money from the subject machine prior to payment of the delinquent tax shall be a violation of this section and punished as provided by law. Written notice shall be sent to the owner whose name and address appears on the machine, if any.

(c)

Authority to seal machine; notice. If at the end of the ten-day notice period the delinquent tax remains unpaid, the subject machine shall be posted with a notice so stating; and the coin slots of the machine shall be sealed in a manner to prevent the machine's further operation. Written notice of such sealing shall be sent to the owner whose name and address appears on the machine, if any.

(d)

Removal of notice, sealing device, money, etc., deemed violation. It shall be a violation of this section for any person other than an officer of the city to remove or cause to be removed any notice or sealing device attached to a machine pursuant to this subsection or to remove any money contained in the machine until the delinquent tax has been paid. Upon conviction of a violation under this section, the violator shall be punished by law.

(Code 1980, § 18-60)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fortunetelling means and includes telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including but not limited to seances, clairvoyance, phrenology, spirits, tea leaves or other such reading, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetized article or substance, crystal gazing, or magic, of any kind or nature, for compensation.

(Ord. No. 2000-3, § 1, 2-15-2000)

Cross reference— Definitions generally, § 1-2.

(a)

No person shall engage in or practice in any manner, within the corporate limits of the city, the business of fortunetelling unless such person first obtains a city license. A license, when issued, pertains only to an individual fortuneteller for use at a particular location. A separate license is required for a fortuneteller to conduct business at any other location. A separate license is also required for each individual conducting fortunetelling.

(b)

A person desiring to engage in the business of fortunetelling shall file an application with the city. The application shall require the applicant to provide:

(1)

The applicant's name, current residential address and telephone number.

(2)

A photograph of the applicant's face and head, two inches by two inches in size, taken within 30 days of submission of the application. A photograph of the applicant is not required to renew an unexpired license.

(3)

A statement as to whether the applicant holds or has held a fortunetelling, palmistry, clairvoyance, astrology or similar license from any state, county or municipality; a list of such licenses and a statement of the time, place and by whom issued.

(4)

A statement as to whether any state, county or municipality has ever refused to issue a fortunetelling, palmistry, clairvoyance, astrology or similar license to the applicant, together with a full disclosure of the reasons for any such refusal; and a statement as to whether any state, county or municipality has ever revoked a fortunetelling, palmistry, clairvoyance, astrology or similar license held by the applicant, together with a full disclosure of the reasons for any such revocation.

(5)

A statement as to whether the applicant has ever been convicted of a crime, which under the law in which the applicant was convicted was punishable by imprisonment in excess of one year, or that involved dishonesty or a false statement regardless of the punishment. If so, the applicant shall make full disclosure of the nature of the offense and penalty or punishment imposed.

(6)

A full set of fingerprints of the applicant administered by a law enforcement agency. However, fingerprints of the applicant are not required to renew an unexpired license.

(7)

That the application be accompanied by a nonrefundable fee, on file with the city, to cover the reasonable cost of processing the application and performing a background investigation on the applicant.

(8)

That upon issuance or renewal of a fortunetelling license, the applicant pay the license fee set by resolution of the city commission.

(c)

A license shall be denied if:

(1)

The applicant provides false information in the application for a license or knowingly makes a false statement or conceals a material fact regarding the applicant's prior criminal history.

(2)

The applicant has been convicted or entered a plea of guilty or a plea of nolo contendere in the past seven years to any felony, under the laws of any state or local government of the United States.

(3)

The applicant has been convicted or entered a plea of guilty or a plea of nolo contendere within the last five years to a misdemeanor involving a violation of the Florida Comprehensive Drug Abuse Prevention and Control Act (F.S. ch. 893).

(4)

The applicant has been convicted or entered a plea of guilty or a plea of nolo contendere to a misdemeanor or municipal ordinance involving theft, fraud, dishonesty or moral turpitude, within the past five years under the laws of any state or local government of the United States.

(5)

There is an unsatisfied civil judgment for fraud or based on dishonesty, or for breach of contract (whether written, oral or implied) for services of the same or similar nature as for which a license is sought, or arising out of a contract (whether written, oral or implied) for services of the same or similar nature as for which a license is sought, against the applicant or any corporation or other entity in which the applicant was an officer or director or owner of more than a ten percent interest in that entity.

(d)

After issuance of a license for fortunetelling, such license must be surrendered and shall be revoked if at any time it is discovered that:

(1)

There was a false statement or concealment of a material fact in the application for a license;

(2)

There has been a conviction, a finding of guilt, or a plea of nolo contendere to a felony under the laws of any state or local government of the United States subsequent to the submission of the application;

(3)

There has been a conviction, a finding of guilt, or a plea of nolo contendere to a misdemeanor or municipal ordinance which involved theft, fraud, dishonesty or moral turpitude, under the laws of any state or local government of the United States subsequent to the submission of the application;

(4)

There has been a conviction, a finding of guilt, or a plea of nolo contendere to a misdemeanor involving a violation of the Florida Comprehensive Drug Abuse Prevention and Control Act (F.S. ch. 893), subsequent to the submission of the application;

(5)

There is an unsatisfied civil judgment for fraud or grounded in dishonesty, or for breach of contract (whether written, oral or implied) for services of the same or similar nature as for which the permit was issued, or arising out of a contract (whether written, oral or implied) for services of the same or similar nature as for which the permit was issued, against the applicant or any corporation or other entity in which the applicant was an officer or director or owner of more than a ten percent interest in the entity; but the permit and license shall not be revoked if the holder satisfied the judgment within 30 days after the judgment was rendered; or

(6)

The applicant has violated any of the provisions of this section.

(e)

The denial of the issuance of a fortuneteller license or the revocation of such license may be appealed to the city commission by a written request for a hearing made within ten days from notification of the denial or revocation of the license to the applicant. The hearing shall then be set by the city manager within 30 days of a receipt of a timely request with notice provided to the applicant. The city commission shall render a written decision affirming, modifying or reversing the city manager's decision within 30 days of the hearing. Any person aggrieved by the decision of the city commission may, within 30 days of rendition of the decision, file a petition for writ of certiorari in the county circuit court.

(f)

The provisions of this section shall not apply to:

(1)

Any person solely by reason of the fact that he is engaged in the business of entertaining the public by demonstrations of mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of, and within the hearing of, other persons and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers. For the purposes of this section, the term "public" shall mean the immediate presence of at least ten people not associated with the entertainer or hosting establishment.

(2)

Any person who is a practitioner of the healing arts as defined by F.S. § 456.32 or has a state license or permit for the specific type of activity the person is engaging in.

(3)

Any person who practices hypnosis under the supervision, direction, prescription and responsibility of a practitioner of the healing arts as defined by F.S. § 456.32.

(4)

Religious, charitable or educational activities of nonprofit organizations as defined by F.S. § 205.022(6).

(Ord. No. 2000-3, § 1, 2-15-2000)

_____

All gasoline outlets (defined for the purposes of this article as those places within the city where gasoline is dispensed at retail for use as a fuel in motor vehicles) are required to post prices for the fuel sold at that location on a sign which is easily readable from a passing motor vehicle on the public street abutting the gasoline outlet. If a gasoline outlet abuts more than one public street, a sign of the type required by this article shall be placed so as to be easily readable from each public street providing access to the gasoline outlet. No more than one sign per abutting public street shall be required or permitted.

(Code 1980, § 18-131)

(a)

In order to accomplish the requirements of section 7-311, the signs required shall be so placed as to allow an unobstructed view of the face of the sign from the public street abutting the gasoline outlet. In no event shall the required sign be placed, however, in such a manner that it obscures the vision of drivers so as to create an unsafe condition for persons operating motor vehicles on the public streets.

(b)

The prices displayed on the required signs shall be posted in numerals no smaller than ten inches. If a gasoline outlet sells more than one grade of leaded gasoline or sells both leaded and unleaded gasoline, the unit price for at least one octane level of both leaded and unleaded gasoline shall be displayed on the required sign.

(c)

All prices displayed on the required sign shall be the price charged for one U.S. gallon of gasoline of the specified type. If the price displayed is for less than one gallon, the fraction of one gallon that the specified price represents shall be displayed in numerals no smaller than five inches in height on the sign.

(d)

If the gasoline outlet makes a different charge for gasoline which is pumped by the customer from that charged for gasoline pumped by an employee of the gasoline outlet, the required sign shall display the price charged for gasoline pumped by the customer unless the sign clearly indicates that the price is for gasoline pumped by an employee of the gasoline outlet. For the purposes of this section, the term "full-service" or "full-serve," when used on the required sign, shall be deemed a legally sufficient indication that the price displayed on the sign is for gasoline which is pumped by an employee of the gasoline outlet; and such information shall be displayed in letters no smaller than five inches in height.

(Code 1980, § 18-132)

The signs required by this article shall be an additional permitted sign over and above the other types and sizes of signs permitted to service stations by sections 32-601—32-609. All the provisions of sections 32-601—32-609 shall be observed with respect to the signs required by this article, except as they may conflict with the specific requirements of this article.

(Code 1980, § 18-133)

(a)

Requirement for emergency generators. Gasoline stations that sell gasoline at retail to consumers from gas pumps at their stations, within the city, shall have as a minimum an alternative energy source, a generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply, sufficient to power up the gasoline pumps so that gasoline can be sold to the consumer.

(b)

Compliance. Gasoline stations shall comply with this section within three years from adoption.

(c)

Sanctions. Failure to comply with this section shall subject gas station owners and operators to the penalties prescribed in F.S. § 162.22, as well as code enforcement pursuant to chapter 9 of this Code.

(Ord. No. 2006-02, § 1, 1-17-2006)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial rack means any container, rack, storage unit or other dispenser installed, used or maintained for the display or distribution of publications that advertise, offer or promote products or sales, without predominant news content, such as real estate listing, vehicles or products for sale, business or service promotions, or commercial flyers.

Modular newsrack means a connected grouping of two to 18 pockets within a single structure, with self-service or a coin mechanism for each pocket, which may be placed on a pedestal bolted to a paved surface or be bolted directly to the paved surface, which is installed or used for the display, sale or distribution of newspapers, news periodicals or advertising publications.

Movable object means any newsrack, bench, waste receptacle or other nonattached fixture, excepting signs.

Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or distribution (and) sale of newspapers, periodicals, advertising circulars or other publications.

Owner means the particular person who is responsible for installing and/or maintaining a newsrack, or the owner or one who distributes publications or materials from the newsrack.

Private property means its common meaning and all property other than public property, including shopping centers and governmental buildings, facilities or installations not open to the general public.

Public property means parks, rights-of-way, squares, plazas and any and all other real property owned by the public, any governmental agency, or the city, streets, roadways, rights-of-way and public easements.

Public right-of-way means a strip of land dedicated or deeded to the public, occupied or intended to be occupied by a street, driveway/access, crosswalk, railroad, electric transmission line, oil or gas pipeline, utility drainage way, water main, sanitary or storm sewer main, sidewalk/bicycle path or for similar special use.

Roadway means the portion of a street or highway, including swales, and shoulders, for the intended use of vehicles.

Special newsrack areas means those designated locations within the city where individual or modular newsracks must comply both with otherwise applicable regulations and supplemental standards specified in the city's design guidelines manual which supplements the requirements specified by this article. Areas of the city designated special newsrack areas shall include:

(1)

The financial district.

(2)

The fashion row district.

(3)

Other districts as may be designated a special newsrack area by the city commission.

Street means all that area dedicated to public use for public street purposes and includes but is not limited to roadways, parkways, alleys, medians and sidewalks.

Visibility triangle means:

(1)

At street intersections, an area bounded by the first 25 feet along the intersecting edges of the right-of-way, projected where rounded, and a line running across the lot and connecting the ends of such 25-foot lines.

(2)

At intersections of driveways with streets, an area bounded by the first ten feet along the intersecting edges of the right-of-way and the driveway, projected where rounded, and a line running across the lot and connecting the ends of such ten-foot lines.

(Ord. No. 1998-29, § 1(1), 12-15-1998)

Cross reference— Definitions generally, § 1-2.

(a)

No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway, including medians.

(b)

No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public right-of-way or other public property, when such installation, use or maintenance endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress into or egress from any residence, place of business, or the use of poles, posts, public utilities, public transportation, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location.

(c)

Any newsrack which in whole or in part rests upon, in or over any public right-of-way or other public property shall comply with the following standards:

(1)

The newsrack shall be of a freestanding rectangular type both vertically and horizontally with external dimensions of not more than 50 inches in height, 24 inches in width (except for double newsracks) and 20 inches in depth. Notwithstanding these dimensions, freestanding newsracks holding multiple publications (modular racks) may have a height of up to 54 inches.

Alternatively, the newsrack may be of a pedestal type that has external dimensions that do not exceed 20 inches in height, 24 inches in width and 20 inches in depth on a pedestal of not more than 28 inches in height. Pedestal-mounted newsracks shall be designed to comply with section 4.4 of the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities as may be amended from time to time.

(2)

Newsracks shall only be placed next to and opposite of the roadway side of a sidewalk or adjacent to the wall of a building. In instances where no sidewalks exist, newsracks shall be located approximately eight feet from the edge of the roadway where at least eight feet is available. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall, except if there is a display window in such building, the provisions of subsection (c)(9) of this section shall prevail.

(3)

No newsrack shall be bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack unless the consent of the owner or lessee of such property or object is obtained. When such attachment is proposed to public property, written consent shall be required from the city manager or his designee.

(4)

Newsracks may be placed or attached to one another; however, no more than six newsracks may be joined or placed together in this manner, and a space of not less than 300 feet shall separate each group of newsracks. Within each such grouping, all newsracks shall be of the same general type (i.e., all boxes or all post mounted).

(5)

No newsrack shall be maintained within 300 feet radius of another newsrack containing the same newspaper or news periodical except where separated by a street corner. Where warranted by the quantity of newspaper sales, the city manager or his designee may allow double newsracks not more than 36 inches and otherwise complying with the requirements of subsection (c)(1) of this section.

(6)

No newsrack, unless bolted or otherwise securely attached to any property or permanently fixed object, or group of attached newsracks allowed under subsection (c)(4) of this section, shall weigh in the aggregate less than 125 pounds when empty.

(7)

Every newsrack shall be installed level and plumb on a hard surface. If a concrete base must be poured for this purpose, the owner of the newsrack shall first obtain a permit from the city manager. Every newsrack on a single pedestal or a multiple post shall be securely bolted to a level, concrete base set in the ground in accordance with the South Florida Building Code. Each newsrack shall be constructed, installed and maintained in a safe and secure condition.

(8)

No newsrack shall be installed, used or maintained:

a.

Within a visibility triangle;

b.

Within five feet of any fire hydrant, fire call box or other emergency facility, traffic sign or signal, bus bench, bus shelter or building entrance;

c.

Within six inches of any landscaped area;

d.

At any location whereby the clear space for the passageway of pedestrians or wheelchairs is reduced to less than three feet;

e.

In a designated parking space or driveway;

f.

On any grass or landscaped area; or

g.

In the median of a divided street.

(9)

No newsrack shall be installed, used or maintained in such manner as to block any display window of any building abutting the sidewalk or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(10)

No newsrack shall be used for advertising signs other than to identify the newspaper, periodical or other publications contained in the newsrack; and any such advertising sign shall be no larger than two square feet.

(11)

No newsrack shall contain newspapers, periodicals or other publications which contain material which is lascivious, indecent, or explicit sex or expose to public view any matter which predominantly appeals to the prurient interest and taken as a whole, lacks serious literary, artistic, political or scientific value. No person shall sell, offer for sale, or keep or maintain any newspaper, periodical, or other publication in any newsrack on any public right-of-way or other public property in such manner as to expose to the public view any photograph, cartoon or drawing, which displays specified anatomical areas as defined in section 32-8 et seq.

(12)

Each newsrack shall be maintained in a neat, clean condition and shall be in good repair and working order at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

a.

It is free of graffiti;

b.

It is reasonably free of dirt and grease;

c.

It is reasonably free of chipped, faded, peeling and cracked paint in its visible painted areas;

d.

It is reasonably free of rust and corrosion in its visible metal areas;

e.

The clear plastic or glass parts, if any, through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations;

f.

The paper or cardboard parts or inserts are reasonably free of tears, peeling or fading;

g.

The structural parts are not broken or unduly damaged; and

h.

The surrounding area upon which the newsrack is placed will also be maintained in a neat and orderly condition.

(13)

Only newspapers may be displayed in the front window area. No rack cards are allowed to be inserted in front of the newspaper or in the front window area.

(14)

Each coin-operated newsrack shall be equipped with a coin-return mechanism to provide an immediate refund if a person is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.

(15)

Every person who places or maintains a newsrack upon, in or over any public right-of-way or other public property shall permanently affix to each newsrack the owner's name, address and telephone number in a place where such information may be easily seen.

(d)

The allocation of public right-of-way for placement of newsracks shall be based on the following priority criteria:

(1)

First priority shall be given to newspapers of general circulation which are published at least five times per week, for one location per group of six.

(2)

Second priority shall be given to publications published less frequently than five times per week with news and editorial content as the primary purpose of the publication.

(3)

Third priority shall be given to commercial racks.

(4)

Fourth priority shall be given to any publication that has had difficulty obtaining a site within three city blocks due to the unavailability of space.

(5)

Fifth priority shall be given to any second rack of a publication that already has a first rack within the group of six, subject to section 7-345.

(e)

The city commission may designate by resolution in support of public or private investment in revitalizing portions of the city as newsrack enhancement areas. Each newsrack within districts designated special newsrack areas shall comply with the regulations of this article and supplemental standards in the city's design guidelines manual. The supplemental requirements for newsracks in such areas shall be included and specified in the design guidelines manual for the applicable district. In the absence of design guidelines for newsracks in a special district, the requirements of this article shall apply. Where the regulations of this article conflict with otherwise applicable guidelines, the provisions in the design guidelines manual shall control.

(f)

(1)

Any damage to public property or public right-of-way caused at the time of placement or installation of any newsrack shall be the responsibility of the owner, publisher or distributor.

(2)

Every publisher, distributor or responsible entity who places or maintains a newsrack on a public right-of-way or public property shall provide to the city manager a current certificate of insurance, naming the city as an additional insured on October 1 of each year. Such insurance shall be comprehensive, general liability or commercial general liability coverage. Minimum limits of total coverage shall be $300,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. Reasonable evidence of equivalent self-insurance coverage may be substituted by the publisher, distributor or responsible entity for this certificate of insurance, subject to the approval of the city manager. The insurance shall run continuously with the presence of the publisher or distributor's newsrack in the city's right-of-way. Any termination or lapse of such insurance shall be a violation of this section.

(3)

The owner of each newsrack shall execute a document, approved as to form by the city attorney, agreeing to defend, indemnify and hold harmless the city, its officers, employees and agents, from any claim, demand or judgment in favor of any persons arising out of the installation, use or maintenance of any newsrack located upon, in or over a public right-of-way or other public property.

(g)

Any newsrack placed on private property which directly abuts public property, or is visible from the public right-of-way, shall comply with and be subject to the requirements of this article.

(Ord. No. 1998-29, § 1(2), 12-15-1998)

Any movable object or fixture which rests in whole or in part upon or on any portion of a public right-of-way or which projects onto, into or over any part of a public right-of-way shall be located in accordance with the provisions of this article and shall require a certificate of compliance as provided in this article.

(Ord. No. 1998-29, § 1(3), 12-15-1998)

(a)

Within six months from December 15, 1998, no newsrack or movable object shall be placed, maintained or operated on any public right-of-way unless the owner files a signed certificate of compliance accompanied by the appropriate fee, in accordance with the terms of this article.

(b)

The distributor shall file a certificate of compliance with the city manager, on a form to be provided by the city, stating the name, address and telephone number of the owner of the newsracks, describing the particular locations shown on a drawing drawn to a legible scale, where the owner's newsracks are to be placed, maintained or operated, and certifying that the newsracks and their sites or locations satisfy and conform to the provisions of this article.

(c)

There shall be a one-time only application fee for each newspaper publisher and for each newsrack. Failed inspections are subject to a reinspection fee. Such fees shall be as established and on file in the office of the city clerk's.

(d)

Upon submission of the application or certificates, the city manager shall review such application or certificates and may investigate the site and location of the newsracks, to verify that all provisions of this article have been satisfied. Upon finding that the application is in compliance with the provisions of this article, the city manager shall cause a certificate of compliance to be issued for installation and maintenance of the newsracks by the publishing company.

(e)

If the city manager determines that the distributor is not in compliance with this article, a letter or other written statement shall promptly be given to the owner specifying the reasons why he is not in compliance with this article. The distributor shall then have 30 days to comply with this article. Failure to comply shall result in the removal of only the noncompliant newsrack as provided for in section 7-345.

(f)

Any owner who has been deemed not to be in compliance may appeal to the city commission by filing a written request with the city manager. The city manager shall place the appeal on the agenda of a city commission meeting scheduled to take place within 30 days from the date of filing and shall forward a copy of all material pertaining to the application to each city commissioner, the city clerk and the city attorney. New information and material may be received and considered by the city commission where such information and material are pertinent to the determination of the appeal, and the city commission shall have the authority to override the decision of the city manager if the city commission finds that the subject newsrack will not result in danger to the public or in significant noncompliance with this article. If the city commission so determines, it shall direct that the distributor has complied with this article, or it may grant a waiver for good cause shown. Any owner whose appeal to the city commission has been unsuccessful shall be entitled to recourse in the circuit court as authorized by law.

(g)

An annual fee as established and on file in the city clerk's office shall be paid for each newsrack to defray the cost of administering and enforcing the provisions of this article. The period covered by the initial filing shall expire on the next succeeding September 30 and shall be thereafter due for each fiscal year on October 1. There shall be no additional fee charged during the period covered by the annual fee for a change in location or replacement of any newsrack. Amendment forms certifying that a change in location, the addition of a newsrack, or replacement of any newsrack complies with this article shall be furnished by the city and filed by the owner as appropriate.

(h)

The initial certificate of compliance and annual filing fee shall be filed by each distributor within five working days after the distributor initially places, operates or maintains a newsrack on any public right-of-way and shall be renewed thereafter no later than January 31 of each year. The amendment form certifying that a change in location or addition or replacement of a newsrack complies with this article shall be filed with the city within 30 days after such change in location, or addition or replacement.

(Ord. No. 1998-29, § 1(4), 12-15-1998)

(a)

Any newsrack installed, used or maintained in violation of the provisions of this article may, after 14 days' written notice, mailed return receipt requested to the person designated pursuant to this article, be removed and stored in any convenient place by the city manager or any person designated by him. The notice shall give the owner the opportunity to first cure the violation or to file a written request for a hearing before the city manager in reference to such alleged violation. A hearing so requested shall be granted as a matter of right. If a written request for a hearing is filed within the 14-day period, the request shall operate as a stay on the 14-day compliance or removal period until such time as the city commission has held a hearing on the alleged violation and rendered a decision. Any owner dissatisfied with the city commission's decision may appeal such decision to a court of competent jurisdiction. After removal of the newsracks, the owner shall again be given written notice. Upon failure of the owner, following such notice, to claim the newsrack and pay the expenses of removal and storage plus administrative expenses within 30 days after notice, except where an appeal of the city commission's decision has been filed, the newsrack shall be deemed unclaimed property in possession of the city and may be disposed of pursuant to law.

(b)

In the event of an emergency, where the installation, use or maintenance of any newsrack poses an imminent or immediate health or safety hazard to pedestrians or vehicles, the city manager or any person designated by him shall, when feasible, give telephone notice to the newsrack owner of the nature of the emergency and afford the owner the opportunity to remove or otherwise relocate the newsrack. Where telephone notice is not feasible or where the owner fails to remove or relocate the newsrack following telephone notice of the emergency, the city manager or any person designated by him may summarily and temporarily remove or relocate such newsrack. Immediately following removal or relocation of any newsrack under these emergency procedures, the owner shall be provided written notice of the action and the nature of the emergency necessitating such action. Upon failure of the owner, following such written notice, to claim the newsrack and pay the costs of removal or relocation and storage within 30 days after notice, the newsrack shall be deemed unclaimed property in possession of the city and may be disposed of pursuant to law. The owner of any newsrack may file a written request for a hearing before the city commission after an emergency removal or relocation to dispute the determination of an emergency and/or the costs or removal or relocation sought by the city, and in addition may claim and take possession of the newsrack prior to the hearing. A hearing so requested shall be granted as a matter of right. Any owner dissatisfied with the city commission's decision at such hearing may appeal such decision to a court of competent jurisdiction.

(c)

Any newsrack which shall remain empty for a period of more than 30 continuous days for monthly or weekly publications and 15 continuous days for daily publications shall be deemed abandoned. Modular racks shall be deemed abandoned if more than 50 percent of the slots remain empty as applicable. Following 14 days' written notice to the person designated pursuant to this article, the newsrack may be disposed of pursuant to law.

(d)

Upon the issuance of a hurricane watch bulletin by the National Hurricane Center covering the city, all newsracks not bolted down in accordance with the South Florida Building Code shall be removed by their owners. Upon the issuance of a hurricane warning covering the city, an emergency, as described in subsection (b) of this section, shall be deemed to exist.

(Ord. No. 1998-29, § 1(5), 12-15-1998)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Day care center means a facility providing counseling, therapy and referral service to drug-dependent persons on a daily basis.

Educational facility means a facility providing drug-specific information to youth, to the general public and to families of drug-dependent persons in order that a better understanding of the drug culture and problems involved may be gained.

Hotline facility means a facility providing telephone communication to substance abuse victims and the public in the form of information about drugs, treatment facilities, emergency needs, and personal problems.

Methadone maintenance facility means a facility which dispenses methadone as part of the rehabilitation process. In addition, it may provide ancillary rehabilitation services, including counseling to groups and individuals, vocational training and placement, and other appropriate approaches aimed at affecting positive life styles to the opiate addict.

Nonresidential substance abuse facility means a facility established to aid persons involved with excessive or illegal use of drugs, narcotics or other hallucinatory substances, not including alcohol, which have created dependency on such substances. This term includes but is not limited to methadone maintenance facilities, outpatient facilities, day care centers, hotline facilities, educational facilities, and rap houses.

Outpatient facility means a facility providing counseling, therapy and referral service to drug-dependent persons, periodically.

Rap house means a youth-oriented facility acting as a reception center for drug-involved young people. It relies on the supportive service of peer involvement through "rap" sessions. It provides referral to other social services and medical agencies. The facility may be a storefront, house or building located within the social setting of the population served.

(Code 1980, § 18-120)

Cross reference— Definitions generally, § 1-2.

No person may operate a nonresidential substance abuse facility without first applying for and receiving a nonresidential substance abuse facility license to engage in such activity from the city. The license required by this section shall be in addition to and not satisfied by any other occupational license which may be held, obtained or required of such persons; nor shall it be satisfied by any other state or county license. The requirements of this section shall not apply to any program conducted by the state, county or city government using only government employees. The license fee shall be established by resolution and on file in the city clerk's office.

(Code 1980, § 18-121)

Nonresidential substance abuse facilities shall be permitted only in those zoning districts designated in the city's zoning code for the placement of such a facility and shall meet all applicable requirements of the zoning regulation. No substance abuse facility may be situated within 500 feet of a church or other place of religious worship, school, residentially zoned district, or publicly owned or operated park, playground, library or other recreational facility.

(Code 1980, § 18-122)

(a)

The city commission, after proper application and public hearing, may waive or modify any of the restrictions of this article upon a finding that:

(1)

The specific proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this article will be observed;

(2)

The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, redevelopment or improvement, either residential or nonresidential; and

(3)

All other applicable regulations of this article and any other ordinance or law will be observed.

In granting any such waiver or modification, the city commission may prescribe any conditions that it deems necessary in the public interest. All such waivers or modifications shall be applicable only to the person receiving them, and shall not run with the land. Any transfer of stock, assets, ownership or management control shall require approval of the city commission of continuation of such waivers or modifications, and shall be subject to all applicable licensing requirements as well.

(b)

The hearing shall be noticed, posted and advertised in conformity with the requirements of section 32-967 as to variances; except that courtesy letters shall also be sent to all property owners described in section 7-383, including those in residentially zoned districts, churches or other places of religious worship, schools, publicly owned or operated parks, playgrounds, libraries, or other recreational facilities, any of which are located within 500 feet of the nonresidential substance abuse facility seeking waiver or modification of restrictions. An administrative fee, established and on file in the city clerk's office, shall be due at the time application for such a hearing is made.

(Code 1980, § 18-123)

No peddler, solicitor, hawker, itinerant merchant or transient vendor shall sell goods, merchandise or services from any public property, public right-of-way, where the posted speed limit exceeds 25 miles per hour, unoccupied private property, or undeveloped private property within the city limits.

(Code 1980, § 18-70; Ord. No. 2013-10, § 1, 9-3-2013)

Cross reference— Streets, sidewalks and other public ways, ch. 25.

The practice of parking vehicles on the streets or in other public places by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise, taking orders for the sale of goods, wares and merchandise and/or disposing of, and/or peddling or hawking such merchandise, is declared to be a nuisance and punishable as such nuisance and punishable as provided in section 1-8. This section is within the municipal police power of the city and bears a reasonable relationship to public health, safety, morals, welfare and convenience.

(Code 1980, § 18-71; Ord. No. 2013-10, § 1, 9-3-2013)

Cross reference— Traffic and motor vehicles, and boats, ch. 28.

It shall be unlawful for any person to sell, offer for sale, serve, vend, or otherwise dispose of any goods, wares or merchandise, including food products in school zones or where the posted speed limit exceeds 25 mph in the public right-of-way, including streets, sidewalks or other public property within 1,500 feet of any property used, owned or operated for public or private school purpose or public park. It shall be unlawful for any person to station himself/herself, or operate any stand, establishment or vehicle, for such purpose within a prohibited area, unless in a vending area previously approved by the school district or its designee.

(Code 1980, § 18-72; Ord. No. 2013-10, § 1, 9-3-2013)

Cross reference— Zoning and land development code, ch. 32.

(a)

The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited to do so by the owner or occupant of the private residence for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking goods, wares and merchandise, is declared to be a nuisance and punishable as such nuisance as in section 1-8. No person shall solicit, peddle, hawk, offer for sell any goods in a designated safe neighborhood district which has posted a "No Solicitation" sign.

(b)

No door to door solicitation shall occur between the hours of 7:00 p.m. and 10:00 a.m. any day of the week.

(Ord. No. 2013-10, § 1, 9-3-2013)

State Law reference— Trespass, F.S. § 810.08.

Editor's note— Ord. No. 2013-10, adopted Sept. 3, 2013, amended the Code by repealing former § 7-414 and replacing it. Former § 7-414 derived from Code 1980, § 18-73 and Ord. No 2006-18, § 1, adopted on Oct. 3, 2006 and pertained to solicitors' identification required.

The solicitors of any charitable organization meeting the following requirements shall be exempted from the requirement of carrying an identification card as required by subsection (a) of section 7-414, as follows:

(1)

Such solicitors must represent a charity with a national office and a local office in Dade County, Broward County or Palm Beach County;

(2)

Such charity must be exempt from the payment of federal income taxes by the Internal Revenue Service; and

(3)

The purpose of such charity shall be expressly and clearly defined in its charter or other organizational documents, and must be for a scientific, educational, civic, medical, dental, cultural or similar public charitable purpose.

(Code 1980, § 18-74)

(a)

It shall be unlawful for any person to solicit gifts or donations for charitable purposes, or for any other purposes, upon the streets or in public places of the city without first having obtained a permit from the city manager.

(b)

The city manager, upon receiving an application for a permit, as provided in subsection (a) of this section, shall make a thorough and complete investigation of the reliability of the purpose for which such donations and gifts are to be used, and of the character of the person seeking to make such solicitation. If it appears that such persons are not trustworthy or reliable, or that the purpose for which the activity is to be used is not strictly for a charitable purpose, the city manager shall thereupon refuse to issue a permit.

(c)

Any individual who has been turned down by the city manager may thereupon appeal for his right to solicit for a charitable, patriotic or philanthropic organization to the full city commission at its regular meeting.

(d)

A charitable organization may obtain a permit to solicit in the streets or intersections within the city only one time per calendar year for a time period of five consecutive days.

(Code 1980, § 18-75)

State Law reference— Misleading solicitation of payment, F.S. § 817.061.

Editor's note— Ord. No. 2013-10, adopted September 9, 2013, amended the Code by repealing former § 7-417 and renumbering the former section to § 7-414. Former § 7-417 pertained to going uninvited on residence premises prohibited and derived from the Code of 1980, § 18-81.

The practice of going in and upon private residences in the city by solicitors whose principal business is the making of arrangements for financing on behalf of the debtors or creditors with property owners for construction, reconstruction or alterations on real property located within the city and for which services a fee, commission or other compensation is charged the debtor or creditor, not having been requested or invited to do so by the owner or occupant of such property is declared to be a nuisance and punishable as such nuisance as a misdemeanor unless such person obtains a license under the following terms and conditions:

(1)

The required fee for the license for such operation must be paid. Such fee shall be as established and on file in the office of the city clerk.

(2)

Application for the license must be by an affidavit sworn to by the individual applicant or a person authorized to make a statement under oath furnishing the following information:

a.

Name;

b.

Name of business if other than applicant's name;

c.

Address;

d.

Age;

e.

Height;

f.

Weight;

g.

Color of eyes;

h.

Color of hair;

i.

Sex;

j.

Place of birth;

k.

Date of birth;

l.

Date and place of previous mortgage experience;

m.

If ever convicted of a crime, giving nature, date and place of conviction; and

n.

Financial statement prepared within the past 90 days.

If the applicant is a corporation, give this information on the president, secretary, treasurer and each board member.

(3)

All persons who apply for a license shall appear personally before the city commission for the purpose of showing their fitness for a license.

(Code 1980, § 18-82)

State Law reference— Home Improvement Sales and Finance Act, F.S. § 520.60 et seq.

(a)

Definitions. The following words, terms and phrases are to be construed in light of the provisions of F.S. ch. 480 and the administrative rules promulgated thereunder. When used in this section, the words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Apprentice means a person approved by the state board of massage therapy (meeting the qualifications stated in Chapter 64B7-20.002, F.A.C.) to study massage under the control, and instruction of a massage therapist.

Completed application means an application packet which contains all required information and documentation.

Disqualifying conduct means any of the following within the five-year period preceding the date of inquiry, (except for conduct involving violations of F.S. chs. 794, 800, or 847):

(1)

Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction, which relates to the practice of massage or to the ability to practice massage. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter.

(2)

The occurrence of sexual activity by any person or persons in any massage establishment.

(3)

Engaging in or permitting any person or persons to engage in sexual activity in such owner's massage establishment, or to use such establishment to make arrangements to engage in sexual activity with any client.

(4)

Using the therapist-client relationship to engage in sexual activity with any client.

(5)

Delegating professional responsibilities to a person when the licensee delegating such responsibilities, knows or has reason to know that such person is not qualified by training, experience, or licensure to perform such professional responsibilities.

(6)

Aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to state law, or the rules of the department of health or board of massage therapy.

(7)

Refusing to permit the department of health or the city to inspect the business premises of the licensee during normal business hours.

(8)

Refusing to produce immediately, a valid government identification for each massage therapist upon the city's request (meaning, a failure of each massage therapist to carry a valid governmental identification on his or her person and produce same for inspection upon the city's request).

(9)

Practicing massage at a site, location, or place which is not duly licensed as a massage establishment.

(10)

Presenting the license of another as his or her own.

(11)

Allowing another to utilize his or her license.

(12)

Using, or attempting to use, a license that has been revoked.

(13)

Falsely impersonating any other license holder of a like or different name.

(14)

Providing false or forged evidence to the city in connection with an application for a massage therapy services certificate.

(15)

Committing any infraction specified in Rule 64B7-30.002, F.A.C. as same may be amended from time to time; or

(16)

Committing any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator or employee thereof; or

(17)

Failure of the owner or massage therapist to register under the provisions of F.S. ch. 775; or,

(18)

The applicant having been convicted in a court of competent jurisdiction of:

a.

Any violation of F.S. chs. 456, 794, 796, 800, 847, or 893; or

b.

Conspiracy or attempt to commit any such offense.

In good standing means:

(1)

That the applicant's state license is current;

(2)

That the applicant's state license will not expire during the fiscal year for which the massage therapy services certificate is issued (or if such the case, that a renewal for the state license has been filed);

(3)

That there are no pending department of health administrative complaints against the applicant which seek permanent revocation or suspension of the applicant's state license;

(4)

That there are no pending department of health administration complaints against the applicant's state license seeking a restriction of practice or placement on probation (the city may disregard this evidence if it receives a resolution from the board of massage therapy, or a letter from the executive director of the department of health indicating that the remedy sought will not preclude the applicant from pursuing the massage therapy services certificate; and

(5)

That the applicant is not being prosecuted, or has criminal charges pending at the state or federal prosecutor, at the time the city must approve or deny the application for the massage therapy services certificate, or where the applicant has within the five years preceding the date of the application pled guilty or nolo contendere to crimes involving the disqualifying conduct as within this section.

Massage services means the manipulation of the soft tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation.

Massage establishment means a site or premises, or portion thereof, wherein a licensed massage therapist practices massage, and which meets the requirements of F.S. § 480.043, as may be amended from time to time, and Chapter 64B7-26, F.A.C. et seq., as may be amended from time to time, and chapter 32, division 25, section 32-779, City of Hallandale Beach Code, as may be amended from time to time. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, physical therapist, chiropractor or osteopath duly licensed by this state.

Sexual or genital parts means the genitals, pubic area, anus, perineum of any person, and/or the vulva of a female.

Sexual activity means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this definition, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device or object, and is not dependent on whether penetration, orgasm, or ejaculation has occurred. Nothing herein shall be interpreted to prohibit a licensed massage therapist, duly qualified under Rule 64B7-31.00, from practicing colonic irrigation.

(b)

Massage therapy services certificate. No establishment shall be permitted to offer or provide massage services within the city without a massage therapy services certificate issued pursuant to this section. All persons providing massage services at the establishment must be duly licensed under F.S. § 480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. § 480.033, or possess another valid health care practitioner license duly issued by the Florida Department of Health pursuant to F.S. ch. 456.

(1)

Application. All businesses providing massage services, as defined within this section and in chapter 32, zoning and land development code, section 32-8, "definitions," shall apply for a massage therapy services certificate from the city. Any operator applying for a massage therapy services certificate shall include the following information on a form provided by the city:

a.

Proof of valid Florida Board of Massage Therapy license issued to the establishment in accordance with F.S. § 480.043 et seq.; and

b.

Proof of valid Florida Board of Massage Therapy or other state health care practitioner license for all personnel providing massage services at the establishment, in accordance with F.S. § 480.041 et seq. or F.S. ch. 456; or proof of Florida Board of Massage apprenticeship approval as defined in F.S. § 480.033, if applicable; and

c.

Proof of valid Florida driver's license or other government-issued identification for every person and massage therapist working at the establishment.

(2)

Term of massage therapy services certificate. Once issued, a massage therapy services certificate shall remain valid for a period of one year, or until there is a change of the use, ownership, name, location of the establishment from that specified on the approved certificate, or until such time that the city-issued business tax receipt (BTR) expires.

a.

Renewal. The operator of any massage establishment that holds a certificate must submit an application to renew the certificate within 30 days prior to the expiration date of the current certificate in order to continue operating.

b.

When there is a change of the use, ownership, business name, or establishment name, or establishment location from that specified on the approved certificate, a new certificate shall be required.

c.

All establishments providing massage services within the city as of the date of adoption of this article shall make an application in accordance with subsection (b) of this section within 60 days of the date of adoption of this article.

(3)

Requirement to supply updated information. In the first week of each month during the term of a massage services certificate, each establishment holding a certificate must supply the city with the following information on a form, and in the manner prescribed by the city:

a.

Revocation, expiration, or change to the status of the state licenses described in subsection (b); and

b.

Updated state driver's license or other government-issued identification information for all personnel providing massage services at the establishment, including new staff members.

c.

Proof of valid licensure of any new employees, pursuant to subsection (b)(1) of this section, within seven days of employment, regardless of monthly report due date.

(4)

Display of certificate. Establishments must display the valid certificate in a place easily visible to any person entering the establishment and must maintain proof of valid licenses and identification of each staff member on the premises of the establishment at all times during operation.

(5)

Revocation. The following shall be nonexclusive grounds for revocation of a massage therapy services certificate:

a.

Noncompliance with any provision in subsection (b) "certificate" of this section; or

b.

Noncompliance with F.S. ch. 480; or

c.

Failure to update information as required by subsection (4) of this section; or

d.

The city's determination that issuance of a certificate was granted based upon false information, misrepresentation of fact, or mistake of fact by the representative of the establishment holding the certificate, or his or her agent.

(6)

Revocation procedure. The procedure for revocation of a massage therapy services certificate shall be in accordance with section 18-40(b)—(f), by clear and convincing evidence.

(7)

Exemptions. Massage services in state-licensed hospitals and hospices, or those massages provided by a massage therapist acting under the direction of a licensed medical provider or practitioner, shall be exempt from the certificate requirements of this section.

(c)

Prohibited activities. Any massage establishment operating in the city must abide by the following conditions:

(1)

No establishment shall be permitted to provide massage services within the city without a massage services certificate issued pursuant to subsection (b) of this section.

(2)

It shall be unlawful for any person in a massage establishment to engage in sexual activity, as defined in this section.

(3)

It shall be unlawful for any person owning, operating or managing a massage establishment, knowingly to cause, allow, or permit in or about such massage establishment, any agent, employee, or any other person under his or her control or supervision to engage in sexual activity.

(4)

No massage services shall be offered or performed between the hours of 10:00 p.m. and 6:00 a.m. This subsection does not apply to massage services that are exempt pursuant to F.S. § 480.0475(1)(a)—(c), which includes:

a.

Massage establishments located on the premises of a health care facility, hotel, public airport or pari-mutuel facility;

b.

Massage services performed under the prescription of a duly licensed medical practitioner; and

c.

Massage services performed during special events with the express approval of the city. Each establishment shall apply in advance for special events permission on a form and in the manner prescribed by the city.

(5)

No persons are permitted to utilize the massage establishment as a principle domicile unless otherwise permitted as a home occupation under chapter 32, zoning and land development code.

(6)

No massage establishment shall be permitted to provide massage services within this city in violation of the zoning limitations as provided in chapter 32, zoning and land development code, section 32-779, "massage services."

(d)

Penalties.

(1)

A person violating the provisions of F.S. § 480.0475 may face criminal charges up to a third degree felony, pursuant to subsection (3) of that section.

(2)

Pursuant to F.S. §§ 60.05 and 823.05, the operation of any massage establishment in violation of F.S. § 480.0475, is a declared nuisance and may result in an injunction and costs ordered against that establishment, the operator of that establishment, or owner or agent of the building or ground on which that establishment exists.

(3)

Violations of subsections (b) "certificate" and (c) "prohibited activities" of this section shall additionally be punishable in a manner to be prescribed by the city and may result in the revocation of a massage services certificate, the imposition of fines, or the pursuit of criminal charges against the massage establishment and/or person(s) in violation of these ordinances.

(e)

Posting notice of prohibited acts statement. Every person owning, operating or managing a massage parlor shall post a copy of the following statement:

"It shall be unlawful for any person in a massage establishment to place his or her hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person, or for such other person to request or permit such placing, touching, fondling or massaging.

It shall be unlawful for any person owning, operating or managing a massage establishment, knowingly to cause, allow, or permit in or about such massage establishment, any agent, employee, or any other person under his or her control or supervision to perform such acts prohibited above.

Any person violating these provisions shall be punished by fine not exceeding $500.00, or imprisonment for a term not exceeding 60 days, or both, in the discretion of the court."

The statement shall be posted in a conspicuous place in the massage establishment, so that it may be readily seen by persons entering the premises.

(Ord. No. 2010-09, § 2, 6-2-2010; Ord. No. 2014-20, § 1, 6-4-2014)

(1)

Applications for permit; investigation and issuance; term.

(a)

Application. Applications for an on-site dispensing of controlled substances permit for businesses established after the date this article is enacted shall be made by the applicant in person to the development services department during regular business hours upon such forms and with such accompanying information as may be established by the city. Medical marijuana treatment center dispensing facilities, pharmacies, and pain management clinics as defined in chapter 32 are required to apply for an on-site dispensing of substances permit. Such application shall be sworn to or affirmed. Every application shall contain at least the following:

1.

The business operating name and all applicant and owner information. if the applicant or owner is:

a.

An individual, his or her legal name, aliases, home address and business address, date of birth, copy of driver's license or a state or federally issued identification card;

b.

A partnership, the full and complete name of the partners, dates of birth, copy of driver's license or state or federally issued identification card of all partners, and all aliases used by all of the partners, whether the partnership is general or limited, a statement as to whether or not the partnership is authorized to do business in the State of Florida and, if in existence, a copy of the partnership agreement (if the general partner is a corporation, then the applicant shall submit the required information from section 7-491(1)(a)1.c. in addition to the information concerning the partnership); or

c.

A corporation, the exact and complete corporate name, the date of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth, copy of driver's licenses or state or federally issued identification cards of all officers, and directors, and all aliases used, the capacity of all officers, and directors, and, if applicable, the name of the registered corporate agent, and the address of the registered office for service of process, and a statement as to whether or not each corporation is authorized to do business in the State of Florida; or

d.

Any other type of entity, the exact and complete name, the date of its formation or creation, evidence that the entity is in good standing, the legal names and dates of birth, copy of driver's licenses or state or federally issued identification cards of all members, officers, and directors, and all aliases used, the capacity of all members, officers, and directors, and, if applicable, the name of the registered corporate agent, and the address of the registered office for service of process, and a statement as to whether or not each entity is authorized to do business in the State of Florida.

e.

The addresses required by this section shall be physical locations, and not post office boxes.

2.

A complete copy of the business' application filed with the State of Florida and all related exhibits, appendices, and back up materials for approval and licensure as a medical marijuana treatment center dispensing facility, pharmacy, or pain management clinic in compliance with state law.

3.

Copies of any and all state and other licenses issued to the applicant to engage in their business.

4.

A statement as to whether the applicant or any owner or employee has previously received an on-site dispensing of controlled substances permit or identification tag from the city.

5.

A statement as to whether the applicant or any owner holds other permits or licenses under this Code and, if so, the names and locations of such other permitted or licensed establishments.

6.

A statement as to whether the applicant or any owner has been a partner in a partnership or an officer or director of a corporation whose permit or license issued under this Code has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation.

7.

A statement as to whether or not the applicant or any owner has lost any privilege or had any permit or license to do business revoked by any local, state or federal government and, if so, the nature of such privilege, permit or license and the reason for such revocation.

8.

A statement as to whether or not the applicant or any owner has lost any privilege or had any permit or license to do business suspended by any local, state or federal government and, if so, the nature of such privilege, permit or license and the reason for such suspension.

9.

A statement as to whether or not the applicant or any owner or employee has been found guilty of or has pleaded guilty or nolo contendere to a felony relating to any business in this state or in any other state or federal court, regardless of whether a judgment of conviction has been entered by the court having jurisdiction of such cases.

10.

A statement as to whether or not the applicant or any owner or employee has been found guilty of, or has pleaded guilty or nolo contendere to, a felony relating to a battery or a physical violence on any person in this state or in any other state or federal court, regardless of whether a judgment of conviction has been entered by the court having jurisdiction of such cases.

11.

A statement as to whether or not the applicant or any owner has filed a petition to have their respective debts discharged by a bankruptcy court having jurisdiction of such cases.

12.

Written documentation, acceptable to the city manager or designee, that the applicant, every owner, manager, and any employee who dispenses or has access to controlled substances has successfully completed level 2 background screening within the year.

13.

A passport photograph of the applicant, every owner, and each employee.

14.

A notarized, signed, and sworn statement that the information within the application is truthful, independently verifiable, and complete and that the photocopies of the attached driver's licenses or state or federally issued photo identification cards are currently valid and are true and correct copies of the originals.

15.

The applicant shall submit a security plan demonstrating compliance with all applicable statutes and state administrative rules.

a.

In addition to proving compliance with all state requirements, the security plan shall, at a minimum, provide the following:

1.

Fully operational lighting and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft, both in the premises and in the surrounding rights-of-way, including:

i.

A silent security alarm that notifies the police department that a crime is taking place;

ii.

A vault, drop safe or cash management device that provides minimum access to the cash receipts; and

iii.

A security camera system capable of recording and retrieving, for at least 45 days, an image which shall be operational at all times during and after business hours. The security cameras shall be located:

(a)

At every ingress and egress to the dispensary, including doors and windows;

(b)

On the interior where any monetary transaction shall occur; and

(c)

At the ingress and egress to any area where controlled substances are stored;

2.

Traffic management and loitering controls;

3.

Cash and inventory controls for all stages of operation on the premises, and during transitions and delivery.

b.

On-site armed security personnel from one hour before the business opens to the public until one hour after the business closes to the public may be determined to be necessary by the chief of police as part of review of the application per subsection 7-491(4), application review.

16.

On-site community relations contact. Applicant shall provide the city manager, or designee and all property owners and tenants located within 100 feet of the entrance to its building, with the name, phone number, and e-mail or facsimile number of an on-site community relations staff person to whom they can provide notice during business hours and after business hours to report operating problems. The applicant shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police department or other city officials.

(2)

Rejection of application. In the event the city determines that the applicant has not satisfied the application requirements, the applicant shall be notified of such fact; and the application shall be denied.

(3)

Fees. In addition to demonstrating compliance with this article, the applicant shall pay a nonrefundable application fee in an amount established by resolution of the city commission for each applicant, each owner, and each employee to cover its administrative costs and expenses incurred in reviewing and administering the permit and identification tag program, irrespective of the issuance or denial of the application. Each applicant shall also pay an annual nonrefundable, non-proratable permit fee in an amount established by resolution of the city commission before receiving a permit.

(4)

Application review.

(a)

Investigation. The city shall review the application and documentation provided, and conduct a background screening of the applicant, each owner and any employee who dispenses or has access to controlled substances, at the applicant's expense.

(b)

The chief of police, or designee shall review the applicant's operational and security plan using crime prevention through environmental design (CPTED) principles. The chief may impose site and operational revisions as are deemed reasonably necessary to ensure the safety of the applicant, owner(s), employees, customers, adjacent property owners and residents, which may include items such as methods and security of display and storage of controlled substances and cash, limitations on window and glass door signage, illumination standards, revisions to landscaping, and any other requirement designed to enhance the safety and security of the premises, including on-site armed security personnel, if determined necessary.

(c)

City manager determination. Upon receipt of information regarding items (4)(a) and (b) of this section, the city manager or designee shall, within 30 days, either:

1.

Notify the applicant that the permit has been denied and the reason for such denial; or

2.

Issue a permit, with or without conditions.

3.

The city manager or designee shall provide notice to the commission following issuance of any permit issued pursuant to this section.

(d)

Duration. Permits shall be issued for a one-year period for a term commencing October 1 or the date of issuance, and ending the following September 30.

(e)

Denial. The city shall deny an applicant's application for an on-site dispensing of controlled substances permit if an investigation of the applicant and owner, or the applicant's application, indicates that the applicant, an employee, or any owner:

1.

Has failed to obtain or maintain required state licensing;

2.

Has failed to pay required licensing fees;

3.

Has failed to demonstrate compliance with the requirements of this article;

4.

Has a criminal prosecution pending against him/her in any state or federal court for fraud or a felony;

5.

Has been convicted of fraud or felony by any state or federal court within the past five years;

6.

Has obtained any governmental permit by fraud or deceit;

7.

Has negligently or intentionally misrepresented or concealed information required by this article in an application for a permit;

8.

Has been declared by the state to be a habitual felony offender, violent habitual felony offender, violent career criminal as defined in F.S. § 775.084;

9.

Has been listed on the United States Government's Terrorist Screening Center's No Fly List; or

10.

Has been documented in the NCIC/FCIC law enforcement database as an active gang member.

(5)

Background checks, photograph and identification tag. In connection with the issuance of a permit by the city and upon verification of successful level 2 background screening, an identification tag shall be issued at the applicant's expense to each approved applicant for a permit as well as for each owner and each employee. On the face of each identification tag, there shall be placed the following:

(a)

A photograph of the applicant/owner/employee;

(b)

The permit number;

(c)

The permit holder's name and address;

(d)

The name and address of the establishment that the applicant/owner/employee represents or is employed by; and

(e)

The expiration date of the permit.

(6)

Reconsideration of a denied permit application. If a person applies for a permit at a particular location within a period of one year from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.

(7)

Renewal. Permits shall be entitled to renewal annually subject to the provisions of this article. Before the October 1 expiration date, the annual permit may be renewed by presenting the permit for the previous year, and:

(a)

Paying the appropriate annual permit renewal fee;

(b)

Updating the information supplied with the latest application or certifying that the information supplied previously remains unchanged; and

(c)

Providing proof of continued compliance with all state and city licenses, operational, public safety, and zoning requirements.

(d)

Listing of outstanding code violations, and public safety calls from appropriate city departments, or statement of no outstanding violations and calls on city letterhead.

(8)

Permit transferability.

(a)

The permit is specific to the applicant and the location and shall not be transferred.

(b)

An attempted transfer of a permit, either directly or indirectly in violation of this section is hereby declared void, and in that event the permit shall be deemed abandoned, and the permit shall be forfeited.

(Ord. No. 2017-09, § 1, 6-7-2017; Ord. No. 2018-024, § 1, 9-17-2018; Ord. No. 2020-012, § 1, 5-6-2020)

(1)

Violation of regulations. In the event of a Code violation, violation of the conditions of the permit or conditional use approval, or other violation of the laws applicable to the on-site dispensing of controlled substances, the city shall issue a warning notice and the applicant shall provide a copy of a corrective action plan and timeframes and completion date to address the identified issues to the city.

(2)

Illegal transfer. If a permit is transferred contrary to this article or state law, the city shall suspend the permit and notify the permittee of the suspension. The suspension shall remain in effect until all of the requirements of this article have been satisfied and a new permit has been issued by the city.

(3)

Security alarm failure. Any instance of breaking and entering on the premises of the permittee, regardless of whether controlled substance products are stolen, shall constitute a violation of this article if the security alarm shall fail to activate simultaneous with the breaking and entering.

(4)

Grounds for revocation. Any permit issued under this article shall be immediately revoked if any one or more of the following occurs:

(a)

The applicant provides false or misleading information to the city;

(b)

Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any marijuana or marijuana product, or other controlled substance, to an individual or entity not authorized by state law to receive such substance or product;

(c)

The applicant, an owner or a manager is convicted of a felony offense;

(d)

Any applicant, owner, manager or employee is convicted of any drug-related crime under Florida Statutes;

(e)

The applicant fails to correct any City Code violation or to otherwise provide an action plan to remedy the violation acceptable to the city manager or designee within 20 days of citation;

(f)

The applicant fails to correct any state law violation or address any warning in accordance with any corrective action plan required by the state within the timeframes and completion date the applicant provided to the city;

(g)

The applicant's state license or approval authorizing the dispensing of controlled substances expires or is revoked;

(h)

The applicant, owner, manager or employee is declared to be a habitual felony offender, violent habitual felony offender, violent career criminal as defined in F.S. § 775.084, and declared by the state;

(i)

The applicant, owner, manager or employee is added to the United States Government's Terrorist Screening Center's No Fly List;

(j)

The applicant, owner, manager or employee is declared a gang member and is documented in the NCIC/FCIC law enforcement database as such; or

(k)

Any violation and/or non-compliance of any regulations or requirements listed in this article.

(5)

Revocation. In the event the city determines there are grounds for revocation as provided in this article, the city shall notify the permittee of the intent to revoke the permit and the grounds upon which such revocation is proposed. The permittee shall have ten business days in which to provide evidence of compliance with this article. If the permittee fails to show compliance with this article within ten business days, the city shall schedule a hearing before the special magistrate. If the special magistrate determines that a permitted establishment is not in compliance with this article the city shall revoke the permit and shall notify the permittee of the revocation. Nothing in this section shall take away other enforcement powers of the special magistrate or any other agency provided by the Code or statute.

(6)

Effect of revocation.

(a)

If a permit is revoked, the permittee shall not be allowed to obtain another permit for a period of two years.

(b)

The revocation shall take effect 15 days, including Saturdays, Sundays, and holidays, after the date the city mails the notice of revocation to the permittee or on the date the permittee surrenders his or her permit to the city, whichever occurs first.

(Ord. No. 2017-09, § 1, 6-7-2017; Ord. No. 2018-024, § 1, 9-17-2018)

(1)

General requirements. Each medical marijuana treatment center dispensing facility, pharmacy, and pain management clinic shall observe the following general requirements:

(a)

Conform to all applicable building statutes, codes, ordinances, and regulations, whether federal, state, or local;

(b)

Conform to all applicable fire statutes, codes, ordinances, and regulations, whether federal, state, or local;

(c)

Conform to all applicable health statutes, codes, ordinances, and regulations, whether federal, state, or local;

(d)

Conform to all applicable zoning regulations and land use laws, whether state or local, including but not limited to the unified land development regulations;

(e)

Keep the original of the on-site dispensing of controlled substances permit posted in a conspicuous place at the premises at all times, which shall be available for inspection upon request at all times by the public.

(2)

Permit and identification tag required. It shall be unlawful for any business or person to operate a medical marijuana treatment center dispensing facility, pharmacy, or pain management clinic, or to otherwise offer for sale or in any way participate in the conduct of any activities upon the premises within the city without first obtaining a permit.

(a)

Each person employed in the conduct of such activity shall be screened and approved pursuant to subsection (f) [section 7-491(4)] and required to obtain an identification tag before the center opens for business or, for persons who become involved with the center after it is open, before having any involvement in center's activities.

(b)

No such permit or identification tag shall be transferable; each person must obtain a permit or identification tag directly from the city.

(3)

Permit operation requirements. Any business operating under an on-site dispensing of controlled substances permit shall comply with the following operational guidelines.

(a)

Each applicant, owner, employee, and manager shall, as soon as is reasonably practicable, report all felonies and any theft, suspected theft or loss of controlled substance based products that occurs at the business to the police department and any other entity that requires them to report such incidents.

(b)

Delivery. All deliveries to the medical marijuana treatment center dispensing facilities, pharmacies, and pain management clinic shall be made while on-site security personnel are present unless the chief of police has determined this requirement is not necessary.

(c)

Compliance with state regulations and licensure requirements. A permitted establishment must comply with all federal and state laws, licensing and regulatory requirements.

1.

A permitted establishment shall notify the city in writing within five business days of receipt of any notice of violation or warning from the state or of any changes to its state licensing approvals.

2.

If a permitted establishment receives a notice of violation or warning from the state, it shall, no later than 20 business days after receipt of the notice, provide a copy of the corrective action plan and timeframes and completion date to address the identified issues to the city.

(Ord. No. 2017-09, § 1, 6-7-2017; Ord. No. 2018-024, § 1, 9-17-2018; Ord. No. 2020-012, § 1, 5-6-2020)

The words, terms and phrases, when used in this article, shall have the meanings ascribed to them in section 32-261, except where the context clearly indicates a different meaning.

Cross reference— Definitions generally, § 1-2.

No person may operate an adult entertainment business without first applying for and receiving an adult entertainment license to engage in such activity from the city. The license required by this section shall be in addition to and not satisfied by any other occupational license which may be held, obtained or required of such persons; nor shall it be satisfied by any other state or county license.

(Code 1980, § 18-100)

Applications for a license to operate an adult entertainment business shall be made to the city upon such form and in such manner as shall be prescribed by the city, the form to elicit the following information:

(1)

Identification; interests. The name of the applicant for a license under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having managerial control or a material interest. For the purposes of this article, a material interest means direct or indirect ownership of more than five percent of the total assets or capital stock of any business entity. If one or more of the stockholders having a material interest in the applicant business entity is itself a corporation, the requirement shall extend to any officer, director or shareholder owning a material interest in the business entity. All such persons must include their business address and name on the application form.

(2)

Penal history. The criminal record, if any, other than misdemeanor traffic violations of the applicant or any person specified in subsection (1) of this section. The same information shall be provided for all employees of the applicant on a continuing basis during the life of its adult entertainment business license.

(3)

Business history. Whether the applicant has operated or applied to operate an adult entertainment type of business in this or any other state and, if so, whether the franchise, permit or license for such business has ever been denied, revoked or suspended, and if so, the reasons, and the business activity or occupation of the applicant subsequent to such denial, revocation or suspension.

(4)

Existence of business entity. If the applicant is a corporation, the applicant shall submit proof of incorporation in good standing in the state of incorporation and, if a foreign corporation, the applicant shall provide information certifying that the applicant is qualified to do business in this state. If the applicant is operating under a fictitious name, the applicant shall submit proof that it has registered such fictitious name and is entitled to its use.

(5)

Prior occupation. The business, occupation or employment of the applicant, if an individual, or any other individual specified in subsection (1) of this section, for the three years immediately preceding the date of application.

(6)

Statement of the specific and exact nature of the business to be conducted. The applicant for a license shall provide a statement clearly specifying the type of business to be conducted and if merchandise is to be sold, a description of such merchandise.

(7)

On-site manager. The applicant shall list the names, addresses and telephone numbers of all individuals employed by the adult entertainment business who will be in charge of managing the establishment's operations. At least one of the managers listed must be physically present on the premises at all times when the adult entertainment establishment is open for business.

(8)

Signature on application and manner of submission; fee. An application for a license for an adult entertainment business shall be signed by the individual submitting the application, and, in the case of a corporation, by its president and secretary, and in the case of a partnership or other association, by all members of the partnership or association. All applicants shall sign a statement swearing and affirming that they will conduct business in a lawful manner and will observe all ordinances of the city and county, and all laws of the state and the United States. The completed application shall be submitted to the city manager and shall be accompanied by a fee which is established and on file in the city clerk's office. Upon receipt of a completed application, the city manager shall furnish such application to the chief of police and such other appropriate departments as he deems necessary for review and the preparation of a certificate of approval.

(9)

Standards for issuance. Based upon the information obtained by the city in the processing of the application, the city manager shall grant the license within twenty days of receiving a completed application unless one or more of the following conditions exist:

a.

The application does not comply with the requirements of this section.

b.

The granting of the application would violate a state statute or city ordinance.

c.

That a material false statement or false information has been provided by the applicant.

d.

The applicant, if an individual, or any of the other persons specified in subsection (1) of this section, has been convicted, pleaded guilty, pleaded nolo contendere, or suffered a forfeiture for any criminal offense directly related to the nature of the occupation, profession or business for which the license is sought; however, any such persons who have had their civil rights restored shall only be denied a license if such crime was a felony or a first degree misdemeanor.

(Code 1980, § 18-101; Ord. No. 2002-05, § 2, 4-2-2002)

Should the city manager deny an application for an adult entertainment business license, he shall notify the applicant of such denial by certified mail within twenty days of the submission of the application. The notice of denial shall contain a statement of the reasons the application was denied.

(Code 1980, § 18-102; Ord. No. 2002-05, § 2, 4-2-2002)

An applicant for an adult entertainment business license may appeal the denial of such license to the city commission. Should an applicant seek an appeal from the denial of the license, the applicant shall furnish a written request for an appeal to the city clerk within ten days after the date of the registered letter advising the applicant of the denial of the license. Upon receipt of a written request for an appeal, the city clerk shall fix the date and time at which the city commission shall hear the appeal, the hearing to be held not less than ten nor more than 30 days subsequent to the date upon which the request for appeal was filed with the city clerk. The city clerk shall notify the applicant in writing of the date and time of such hearing.

At the hearing, the mayor reserves the right to limit or prohibit redundant or irrelevant evidence, testimony or questions, may set reasonable time limits and rules on any evidentiary questions or objections. The city attorney represents the city commission at the hearing. The Code of Ordinances and material in the city commission's agenda backup are automatically considered as evidence without authentication. The hearing is conducted as follows:

(1)

The applicant, city staff, and all those who will testify during the hearing are collectively sworn by oath or affirmation by the city clerk.

(2)

City staff makes its presentation and the applicant then has the opportunity to cross examine the city's witnesses.

(3)

The applicant makes its presentation and city staff may cross examine the applicant and its witnesses.

(4)

The applicant and city staff make brief concluding remarks.

(5)

At the conclusion of the hearing, the city commission shall either sustain the decision of the city manager or direct the city manager to issue a license. The city has the burden of proof by the preponderance of the evidence and the decision of the city commission must be supported by substantial competent evidence. The city commission's decision may be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by an aggrieved party.

(Code 1980, § 18-103; Ord. No. 2002-05, § 2, 4-2-2002)

Each licensee shall pay an annual regulatory fee. Such regulatory fee shall be as established and on file in the city clerk's office, and shall be in addition to any required occupational licenses.

(Code 1980, § 18-104)

An adult entertainment business license issued under the provisions of this division may not be assigned or transferred without the consent of the city commission.

(Code 1980, § 18-105)

Each month during the term of a license, each licensee shall supply the city with the following information, such information to be provided on the form and in the manner prescribed by the city:

(1)

A statement of the names of all employees of the licensee.

(2)

A statement as to whether any arrests have occurred upon the licensed premises and if so, the dates of such arrests, the persons arrested and the offense with which each of those persons was charged.

(3)

Any material change in any of the information required pursuant to the original application for the license.

(Code 1980, § 18-106)

The violation of any of the terms and conditions of this division or the violation of any ordinance of the city or county, or the violation of any of the laws of the state or the United States as they pertain to the conduct of the licensed business shall be cause for revocation of the license. If at any time during the period for which the license is issued it is determined that any statement contained in the application or otherwise provided by the applicant upon which the license was issued is untrue or if the person to whom such license is issued or any employee of such person has violated the ordinances of the city or county, or the laws of the state or the United States in the practice of the business for which the license was issued, the license shall be subject to revocation. The city manager may revoke a license for any violation of the aforementioned and he may immediately declare such license null and void. Upon such declaration, the licensee shall immediately cease all operations and shall be considered as having forfeited the license and the rights acquired under the license. Should the city manager decide to revoke a license, he shall provide the licensee with notice of such revocation and the reasons. Upon receipt of such notice, the licensee may appeal such revocation to the city commission; and the appeal and hearing shall be conducted in accordance with the procedures set forth for the denial of a license. The revocation of the license shall be stayed, pending such appeal unless the city commission, after hearing, determines that the public health, safety or welfare would be threatened by a stay of such revocation pending full hearing. The city commission's decisions may be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by an aggrieved party.

(Code 1980, § 18-107; Ord. No. 2002-05, § 2, 4-2-2002)

It shall be unlawful for any person to conduct an adult entertainment business within the city without obtaining a license for such business pursuant to this division.

(Code 1980, § 18-108)

An adult entertainment business must be closed between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. No. 2002-05, § 2, 4-2-2002)

(a)

It is a violation of this section for any person on the premises of an adult entertainment business, other than another employee, to intentionally touch, either directly or through a medium, an employee who is displaying or exposing any specified anatomical areas.

(b)

It is a violation of this section for any person on the premises of an adult entertainment business, other than another employee, to intentionally touch, either directly or through a medium, the clothed or unclothed breast of any employee, or to touch, either directly or through a medium, the clothed or unclothed body of any employee at any point below the waist and above the knee of the employee.

(c)

It shall be unlawful for any person, except another employee, to voluntarily be within three feet of any employee displaying or exposing any specified anatomical area at the adult entertainment business.

(d)

It shall be unlawful for an employee of an adult entertainment business, whether clothed or not, to use any part of his or her body to massage, rub, stroke, knead, caress or fondle the genital or pubic area of a patron or to place his or her genital or pubic area in contact with the face of a patron, while on the premises of an adult entertainment business.

(e)

For the purposes of this section, employee means a person who works or performs in an adult entertainment business, irrespective of whether such person is paid a salary or wage by the owner or manager of the premises. The term includes, but is not limited to independent contractors and concessionaires.

(Ord. No. 2002-05, § 2, 4-2-2002)

(a)

No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or any simulation of such areas in any establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises.

(b)

No female person shall expose to public view any portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point above the top of the areola, or any portion of the areola; or any simulation of such area in any establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exposed by a dress, blouse, shirt, leotard, bathing suit, or other wearing appeal, provided the areola is not exposed.

(c)

No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises shall suffer or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation of such areas, within any establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises.

(d)

No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises shall suffer or permit any female person to expose to public view any portion of her breasts encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, or any portion of the areola, or any simulation of such areas, within any establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(e)

No person shall engage in and no person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale or allowed for consumption on the premises shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited law, touching, caressing, or fondling of the breasts, buttocks, or any portion of such areas, anus or genitals or the simulation of such areas, within any establishment at which alcoholic beverages, beer or wine are provided, sold or offered for sale for consumption or allowed on the premises.

(Code 1980, § 18-109; Ord. No. 2002-05, § 2, 4-2-2002; Ord. No. 2008-21, § 2, 9-17-2008)

The following franchises and contracts are in effect in the city:

In approval and administration of rates for basic cable service, the city will follow procedures consistent with and prescribed by the Federal Communications Commission, including the provisions of part 76, subpart N of the rules and regulations of the FCC, concerning cable rate regulation, 47 CFR 76.900 et seq., as may be amended.

(Code 1980, § 18-141)

During consideration of rate regulation matters, all interested parties will be given a reasonable opportunity to express views. Parties include but are not limited to the franchising authority (the city), the cable operator (franchisee), subscribers and residents of the franchise area.

(Code 1980, § 18-142)

A franchisee under this article shall give 30 days' prior written notice to the city manager and all affected subscribers of any pricing increases or additional changes or charges sought to be established after the effective date of this article. The notice to subscribers shall include the name and address of the city's office designated to handle cable television inquiries. The franchisee may reduce the price at any time without notification.

(Code 1980, § 18-143)

The city commission shall issue a written decision in a rate-making proceeding that is consistent with the rules and regulations of the FCC. The decision shall find whether or not the rates or proposed rate increase are reasonable or unreasonable; and, if unreasonable, a remedy shall be provided.

(Code 1980, § 18-144)

Insofar as the provisions of this article are inconsistent with the provisions of any other local law or act, the provisions of this article shall be controlling.

(Code 1980, § 18-145)

(a)

Definition.

Convenience business means any place business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "convenience business" does not include:

(1)

A business that is solely of primarily a restaurant.

(2)

A business always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.

(3)

A business that has at least 10,000 square feet of retail floor space.

The term "convenience business" does not include any business in which the owner or members of his family work between the hours of 11:00 p.m. and 5:00 a.m.

(b)

Every "convenience business" shall be equipped with the following security devices and standards:

(1)

A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.

(2)

A drop safe or cash management device for restricted access to cash receipts.

(3)

A lighted parking lot illuminated at an intensity of at least two foot-candles per square foot at 18 inches above the surface.

(4)

A conspicuous notice at the entrance which states that the cash register contains $50.00 or less.

(5)

Window signage that allows a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area.

(6)

Height markers at the entrance of the convenience business which display height measures.

(7)

A cash management policy to limit the cash on hand at all times after 11:00 p.m.

(c)

A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight.

(d)

Every convenience business shall be equipped with a silent alarm to law enforcement or a private security agency, unless application for an exemption is made to and granted by the attorney general of the State of Florida. An application for exemption must be in writing and must be accompanied by an administrative fee as required by the attorney general for each store for which an exemption would apply.

(e)

Every convenience business shall have a red three-ring binder, which will serve as an inspection book, readily available and kept in the transaction area, hereinafter referred to as "Red Book," which shall include, but is not limited to, the following documents in the following order:

(1)

A copy of the business license which provides the corporation/owner information including, but not limited to, current address.

(2)

An annual test photograph from the security camera system which shows an identifiable image to assist in offender identification and apprehension.

(3)

A maintenance log of the security camera system verifying maintenance performed at least once every four consecutive months.

(4)

A written cash management policy which limits cash on hand at all times between the hours of 11:00 p.m. and 5:00 a.m.

(5)

Documented proof which confirms that robbery prevention and deterrence training has been provided to all employees within 60 days of their employment, including but not limited to, date of training.

(6)

A copy of the Convenience Business Security Act, F.S. §§ 812.1701—812.176.

(f)

If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined by Florida Statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out of the operation of the convenience business, that convenience business shall implement at least one of the following security measures:

(1)

Provide at least two employees on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

(2)

Install for use by employees at all times after 11:00 p.m. and before 5:00 a.m. a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the minimum standards:

a.

American Society for Testing Materials Standard D3935 (classification PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an impact strength of at least 200 foot pounds; or

b.

Underwriters Laboratory Standard UL 752 for medium power small arms (level one), Bullet Resisting Equipment;

(3)

Provide a security guard on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

(4)

Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m. and only transact business through an indirect pass-through trough, trapdoor, or window; or

(5)

Close the business at all times after 11:00 p.m. and before 5:00 a.m.

(g)

For purposes of this section, any convenience business that by law implemented and maintained said measures as required by the State of Florida department of legal affairs without any occurrence or incidence of the crimes identified by subsection (f) for a period of no less than 24 months immediately preceding the filing of a notice of exemption, may file with the department a notice of exemption from these enhanced security measures. In no event shall this exemption be interpreted to preclude full compliance with the security measures set forth in subsection (f) should any occurrence or incidence of the crimes identified by subsection (f) cause subsection (f) to be applicable.

(h)

All materials and methods of construction used shall conform to the requirements of the Florida Building Code, as amended from time to time, and be reviewed by the building department prior to issuance of building permit.

(Ord. No. 2009-05, § 1, 4-1-2009)

(a)

The violation of any provision of this section by any convenience business shall result in a notice of violation issued by the code enforcement department and/or police department.

(b)

Each day that a violation continues to exist beyond the time specified in the notice of violation shall constitute a new and separate violation subject to be heard before the special magistrate upon notice of the same.

(c)

Violators shall cure a violation by the date required in the notice of violation, and provide proof of compliance.

(d)

If the violation continues after the cure period, a notice of hearing shall be issued and the violation will be heard before the special magistrate for code enforcement.

(e)

A daily civil fine up to $250.00 a day may be imposed by the magistrate; such fine may not exceed $500.00 per day.

(f)

In addition to the penalties set forth herein, the city may pursue any and all other legal remedies, including but not limited to, injunctive relieve, should the public health, safety and welfare be threatened by continued operation of a business.

(Ord. No. 2009-05, § 1, 4-1-2009)

It is the purpose of this section to provide rules governing the issuance of permits for filming motion picture, television, commercial and non-theatrical filming activities on location within the city, with the exception of newscast and filming activities conducted by or for the city. The intent of this section is to ensure that still photographers and motion picture, television, commercial and non-theatrical filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public safety, health and welfare of the community.

(Ord. No. 2015-04, § 2, 4-15-2015)

For the purposes of enforcing and administering this chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

City shall mean the City of Hallandale Beach.

City manager shall mean the city manager or authorized designee.

Film or filming shall mean any and all still, live or motion picture productions whether made on or by film, electronic tape, or any other electronic device used to produce theatrical motion pictures, television entertainment motion pictures, industrial motion pictures, television commercials, or print media. Filming shall include the erection and dismantling of the equipment associated therewith.

Permit shall mean a permit issued by the city in accordance with the terms of this chapter.

Person shall mean any individual, partnership, firm, corporation, association or other entity.

(Ord. No. 2015-04, § 2, 4-15-2015)

This article shall apply to all the properties within the city's jurisdiction, whether public or private, with the exception of newscast, filming activities conducted by or for the city or students.

(Ord. No. 2015-04, § 2, 4-15-2015)

(a)

Permit required. No person shall film or take still photographs within the city for commercial purposes without first applying for and obtaining a permit from the city manager. All permits shall be conspicuously displayed at the filming location during all times of filming production.

(b)

Permit application. Applications for a permit shall:

(1)

Be on the form provided for by the city; and

(2)

Shall be consistent with the city filming guidelines which shall be adopted, and may be amended, by a resolution of the city commission.

(Ord. No. 2015-04, § 2, 4-15-2015)

Any person who violates the provisions of this article shall be subject to a fine of $250.00 per violation per day and revocation of the permit. The fine for failing to obtain a permit shall be $500.00 and the immediate cessation of all filming and/or photography activity.

(Ord. No. 2015-04, § 2, 4-15-2015)

Any person aggrieved by the terms of a permit issued by the city manager, by the decision not to issue a permit, by the revocation of a permit, within ten days of the decision, appeal to the city commission. The appeal shall be heard at the next scheduled city commission meeting. The decision of the city commission shall be final.

(Ord. No. 2015-04, § 2, 4-15-2015)

The purpose of this article is to promote public health, safety, welfare and convenience through regulations and standards for short-term vacation rental properties by providing:

(1)

For a vacation rental registration;

(2)

For safety and operational requirements;

(3)

For parking standards;

(4)

For solid waste handling and containment;

(5)

For posting of vacation rental information;

(6)

For administration, penalties and enforcement.

These regulations shall be supplemental to the requirements of the certificate of use in chapter 32 of this Code.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

City. The City of Hallandale Beach, Florida, as geographically described in the City Charter.

Cost recovery. A process whereby the property owner reimburses the city for costs incurred by providing service calls to the property.

Dwelling as defined by section 32-8 of this Code.

Habitable room. A room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage space.

Occupant. Any person who occupies, either during the day or overnights, a vacation rental.

Service calls. The deployment of city service personnel including, but not limited to: fire, police, or other emergency personnel.

Sleeping room. A room or space within a dwelling, as defined in section 32-8, of this Code, primarily designed and used or intended to be used for sleeping purposes, excluding living rooms, kitchens, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage space.

Transient public lodging establishment. Any unit, group of units, dwelling, building or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

Vacation rental. Any individually or collectively owned dwelling unit that is also a transient public lodging establishment, but that is not a timeshare.

Vacation rental agent. A vacation rental property owner, or his/her authorized designee, as identified in the application for a city vacation rental registration.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2016-14, § 1, 7-6-2016; Ord. No. 2023-003, § 2, 4-19-2023)

After February 21, 2018, an active vacation rental registration shall be required to operate a vacation rental within city limits. Only vacation rentals holding an active vacation rental registration issued by the city may operate within the city. Prior to the issuance of a vacation rental registration, vacation rental agent has the affirmative duty to ensure that the dwelling unit in which the vacation rental is or will be located, is in full compliance with the appropriate portions of the Florida Building Code and the Florida Fire Prevention Code. A separate vacation rental registration shall be required for each vacation rental.

Any agreements for vacation rentals which were entered into prior to February 17, 2016, located in single-family residential districts RS-5, RS-6, and RS-7, as indicated on the city's zoning map shall be vested under this article. Any agreements for vacation rentals which were entered into prior to February 21, 2018, located in a district other than single-family residential districts RS-5, RS-6, and RS-7, as indicated on the city's zoning map shall be vested under this article.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2016-14, § 1, 7-6-2016; Ord. No. 2018-003, § 1, 2-21-2018; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

An application for registration of a vacation rental shall be submitted through the certificate of use program, in accordance with section 32-13.

(b)

A separate certificate of use application shall be submitted for each dwelling unit proposed for use as a vacation rental and shall set forth at a minimum:

(1)

The legal description of the property offered for rental (i.e. address, lot, block and subdivision name); and

(2)

Name, address, electronic mail address, and telephone number of owner of said property; and

(3)

Name, address, electronic mail address, and emergency contact telephone number of the designated vacation rental agent for said property, which shall be a 24-hour, seven days a week contact number; and

(4)

Acknowledgements by owner and/or agent of the following:

a.

That all vehicles associated with the vacation rental must be contained within the subject property in compliance with this Code; and

b.

That it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in chapter 19 of this Code; and

c.

That the owner shall comply with all applicable city, county, state, and federal laws, rules, regulations, ordinances, and statutes; and

d.

That no solid waste container shall be located at the curb for pickup before 6:00 p.m. of the day prior to pick up, and solid waste container shall be removed before 9:00 p.m. of the day of pickup; and

e.

That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a property, or, having been authorized, licensed, or invited, is instructed by the owner or lessee, to depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance; and

f.

That adjacent or other properties are not jointly shared commodities and should not be considered available for use by transient occupants of the property subject of the application; and

(6)

Proof of owner's current ownership of the property; and

(7)

Proof of current registration with the Florida Department of Revenue for sales tax collection and Broward County for Tourist Development Tax.

(8)

Proof of current county business tax receipt from Broward County.

(9)

Proof of current licensure with the Florida Department of Business and Professional Regulation for a transient public lodging establishment; and

(10)

Proof of compliance with subsection 7-474.

(11)

Authorization letter if the application is being submitted on behalf of the owner of the property by his, her or its authorized representative.

(12)

A sketch showing the number of parking spaces and the location of parking spaces for the vacation rental.

(13)

Interior building floor plan, drawn to scale, identifying all elements of the dwelling unit including, but not limited to, bedrooms, bathrooms, exits, hallways, stairways, smoke, and carbon monoxide detectors, fire extinguishers, and exit signage/lighting.

(c)

Submission of an incomplete application shall result in the rejection of the application and forfeiture of any applicable application fee(s).

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2018-003, § 1, 2-21-2018; Ord. No. 2023-003, § 2, 4-19-2023)

Fees associated with the registration of a vacation rental shall be established by resolution and will be on file in the city clerk's office. Fees are non-transferable and non-refundable.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

An application for modification of a vacation rental registration shall be required in the event that any of the following changes to the vacation rental are proposed:

(1)

A change in the gross square footage.

(2)

A change in the number of sleeping rooms.

(3)

A change in the maximum occupancy.

(4)

A change in the number of parking spaces, or a change in the location of parking spaces.

(5)

A change in the number of bathrooms.

(6)

Any other material modifications that would increase the intensity of use or any other material information that would modify the information provided in the original application.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

A vacation rental registration shall be valid for one year and shall expire each September 30.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

Vacation rental registrations shall be renewed annually through the certificate of use, in accordance with section 32-14 of this Code.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

Vacation rental licenses are non-transferable and non-assignable. If a vacation rental is sold or otherwise transferred, any outstanding vacation rental registration as to that vacation rental shall be null and void upon the sale or transfer.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

Every vacation rental agent shall:

(1)

Be available by landline or mobile telephone answered by the vacation rental agent at the listed phone number 24 hours a day, seven days a week to handle any issues or problems arising from the vacation rental or relating to compliance with the terms hereof; and

(2)

Be willing and able to be physically present at the vacation rental within 60 minutes following notification from a vacation rental occupant, law enforcement officer, emergency personnel, or the city for issues related to the vacation rental, and shall actually be physically present at that location in that time frame when requested; and

(3)

Conduct an on-site inspection of the vacation rental at the end of each rental period to assure continued compliance with the requirements of this article.

(4)

Maintain a register of all guests, as well as year, make, model and color and license plate numbers of all vehicles authorized to remain at the vacation rental overnight, which shall be made available for inspection by city staff at all times.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

The standards and requirements set forth in this section shall apply to the rental, use, and occupancy of vacation rentals in the city.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

It is the affirmative duty of the vacation rental agent to ensure that vacation rentals in the city meet the minimum safety and operational requirements, and all applicable standards under the Florida Statutes, the Florida Building Code, the Florida Fire Prevention Code and federal law. Whenever there is an inconsistency among the requirements of this section, the Florida Statutes, the Florida Building Code, the Florida Fire Prevention Code, or federal law, the most restrictive requirement shall apply. In addition, the vacation rental agent has the affirmative duty to ensure the following requirements are met:

(1)

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub offered or made available as an amenity at a vacation rental shall comply with Florida Statutes. The property owner shall cause the swimming pool drain system, any underwater lighting system, and the electrical pump system of such swimming pools, spas, and hot tubs to be inspected annually by an appropriately licensed technician. The vacation rental agent shall maintain a contemporaneous log of such inspections, which shall be made available to the city for inspection upon request during normal business hours.

(2)

Bedrooms. All bedrooms within a vacation rental shall meet the applicable requirements of the Florida Building Code, and the Florida Fire Prevention Code.

(3)

Smoke and carbon monoxide (CO) detection and notification system. A fully operational smoke alarm and carbon monoxide (CO) alarm system shall be installed within the vacation rental and maintained on a continuing basis consistent with the requirements of the Florida Building Code.

(4)

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected, and maintained in accordance with NFPA 10 on each floor of a vacation rental. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location of the fire extinguisher.

(5)

Emergency egress maintenance and lighting. Halls, entrances and stairways within a vacation rental shall be clean, ventilated, and well-lit day and night. Hall and stair runners shall be kept in good condition. Rails shall be installed on all stairways and around all porches and steps.

(6)

Local phone service. At least one landline telephone with the ability to call 911 shall be available in the main level common area in the vacation rental. The property address must be posted adjacent to the phone.

(7)

Noise control. Each vacation rental shall contain a noise-sensing device with the capability of notifying the vacation rental agent when the noise level from the vacation rental exceeds the allowable limits as described in chapter 19 of this Code. The responsible party shall notify the occupant of the vacation rental if noise levels exceed allowable limits and require compliance hereof.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2018-003, § 1, 2-21-2018; Ord. No. 2023-003, § 2, 4-19-2023)

Occupants and visitors to the vacation rental shall comply with all relevant parking codes as found in chapter 32 of this Code. However, all parking associated with a vacation rental must be contained within vacation rental's private property.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

Trash storage containers shall be provided and shall be screened with a six-foot fence, with an opening for container removal.

(b)

The vacation rental shall contract with the waste management provider for side door pick-up service.

(c)

Properties with alley garbage collection are exempt from (a) and (b).

(d)

Notice of the location of the trash storage containers shall be posted by the main entrance of the vacation rental.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

The maximum number of transient occupants authorized to stay overnight at any vacation rental shall be limited to two persons per sleeping room. The number of sleeping rooms shall be confirmed by on-site inspection by a representative of the city, and

(b)

The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed one and one-half times the maximum number of occupants authorized to stay overnight at that site, as shown on the certificate of use, and in no event shall a gathering exceed 20 persons. This subsection (b) shall not apply to owner-occupied vacation rentals when the property owner is physically present on the site during the gathering, and

(c)

Up to four persons under 13 years of age are exempt from and shall not count towards the occupancy limits set in subsections (a) and (b) above.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

In each vacation rental, located on the back or next to the main entrance door there shall be posted as a single page the following information:

(1)

The name, address, and phone number of the vacation rental agent;

(2)

The maximum occupancy of the vacation rental;

(3)

A statement advising the occupant must comply with the noise regulations found in chapter 9 or chapter 32 of this Code;

(4)

A sketch of the location of the off-street parking spaces;

(5)

The days and times of trash pickup;

(6)

The notice of sea turtle nesting season and sea turtle lighting regulations, if applicable;

(7)

The location of the nearest hospital; and

(8)

The local non-emergency police phone number.

(b)

There shall be posted, next to the interior door of each bedroom, a legible copy of the building evacuation map—minimum eight and one-half inches by 11 inches.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

An inspection of the dwelling unit for compliance with this section is required prior to the issuance of an initial vacation rental certificate of use. If violations are found, all violations must be corrected and the dwelling unit must pass re-inspection prior to issuance of the initial vacation rental certificate of use as provided herein.

(b)

Once issued, a vacation rental unit must be properly maintained in accordance with the vacation rental standards herein and will be re-inspected annually. For an inspection, all violations must be corrected and re-inspected within 30 calendar days. Failure to correct such inspection deficiencies in the timeframes provided shall result in the suspension of the vacation rental certificate of use until such time as the violations are corrected and re-inspected.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

Editor's note— Ord. No. 2023-003, § 2, adopted April 19, 2023, changed the title of § 7-481 from "administration of vacation rental license program" to "initial and routine compliance inspections of vacation rentals."

Appeals shall be governed by section 32-20 of this Code.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

Any notice required under this article shall be accomplished by sending a written notification by U.S. mail, postage paid, to the mailing address of the vacation rental agent set forth on documents filed with the city under this article, which shall be considered for all purposes as the correct address for service, or by personal service or delivery to the vacation rental agent.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)

(a)

Generally. Any violation of this article or chapter 9 may be punished by citation, as specifically described in chapter 9 of this Code, including but not limited to the requirements of a reasonable warning prior to issuance of a citation; provided, however, such violation shall be subject to a fine in the amount of $250.00 for the first offense, $500.00 for the second and subsequent offenses, plus a suspension or revocation of the vacation rental registration and certificate of use as provided hereinafter.

(1)

For all purposes under this article, service of notice on the vacation rental agent shall be deemed service of notice on the property owner and occupant.

(2)

Fines associated with violations of this article shall not be eligible for mitigation.

(b)

Other enforcement methods and penalties. Notwithstanding anything otherwise provided herein, violations of this article shall also be subject to all the enforcement methods and penalties that may be imposed for the violation of ordinances of the city. Nothing contained herein shall prevent the city from seeking all other available remedies which may include, but not be limited to, a special magistrate hearing, injunctive relief, abatement of public nuisance, liens, fines, imprisonment, and other penalties as provided by law.

(c)

Suspension of registration and certificate of use.

(1)

In addition to any fines and any other remedies described herein or provided for by law, the city manager may suspend a vacation rental registration and certificate of use as follows:

a.

Fourteen days upon a third violation of this article in any continuous 12-month period.

b.

Thirty calendar days upon a fourth violation of this article in any continuous 12-month period.

c.

An additional 30 calendar days for each subsequent violation within a continuous 12-month period. For example, a fifth violation may result in a 60-calendar-day suspension.

d.

For violations of section 7-476, or violations of the Florida Building Code, or Florida Fire Prevention Code, a vacation rental registration and certificate of use shall be subject to temporary suspension starting immediately three working days after a citation for such violation if it is not corrected, re-inspected, and found in compliance. Such suspension shall remain in place until corrected, re-inspected, and found in compliance.

e.

A sale of the vacation rental property that is determined by the city to not be a bona fide arms-length transaction will not toll or restart the time periods contained in this section and the new owner shall not be entitled to a new registration or certificate of use until compliance with the provisions of this Code has been achieved,

(d)

Revocation of registration. Revocations of a vacation rental registration shall be governed by section 32-19 of this Code.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2016-14, § 1, 7-6-2016; Ord. No. 2023-003, § 2, 4-19-2023)

It is recognized that there are likely existing rental/lease agreements for vacation rentals at the time of passage of this article which may not be in compliance with the regulations herein. Rental agreements that were entered into prior to the date of the adoption, shall be considered vested. No special vesting process or fee shall be required to obtain this vesting benefit.

(Ord. No. 2016-02, § 1, 2-17-2016; Ord. No. 2023-003, § 2, 4-19-2023)