2022-27
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ORDINANCE 2022-27 - AN ORDINANCE OF THE CITY OF LAKE
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WORTH BEACH, FLORIDA, AMENDING SECTION 14-5 “APPLICATION
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FOR LOCAL BUSINESS TAX RECEIPT” OF ARTICLE I “LOCAL
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BUSINESS TAX RECEIPT (BTR)” AND REPEALING ARTICLE III
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“ADULT MOVING PICTURE SHOW OR THEATER, INDOOR OR DRIVE-
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IN” AND ARTICLE VI “VEHICLES FOR HIRE” ALL OF CHAPTER 14
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“BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS,”
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PROVIDING FOR DESIGNATION OF A LOCAL PROPERTY MANAGER
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ON APPLICATIONS FOR RENTAL OF PROPERTY AND REPEAL OF
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REGULATIONS THAT ARE REGULATED BY PALM BEACH COUNTY;
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AND PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION
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AND AN EFFECTIVE DATE
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WHEREAS, as provided in Section 2(b), Article VIII of the Constitution of the State
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of Florida, and Section 166.021(1), Florida Statutes, the City of Lake Worth Beach (the
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“City”), enjoys all governmental, corporate, and proprietary powers necessary to conduct
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municipal government, perform municipal functions, and render municipal services, and
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may exercise any power for municipal purposes, except as expressly prohibited by law;
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and
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WHEREAS, as provided in Section 166.021(3), Florida Statutes, the governing
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body of each municipality in the state has the power to enact legislation concerning any
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subject matter upon which the state legislature may act, except when expressly prohibited
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by law; and
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WHEREAS, the City wishes to amend Section 14-5 “Application for Local Business
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Tax Receipt” of Article I “Local Business Tax Receipt (BTR)” of Chapter 14 “Business Tax
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Receipts and Business Regulations,” to require a property manager who is located in
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Palm Beach County to be designated on all applications for a local business tax receipt
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for rental of property; and
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WHEREAS, the City wishes to repeal Article III “Adult Moving Picture Show or
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Theater, Indoor or Drive-in” of Chapter 14 “Business Tax Receipts and Business
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Regulations,” allowing for such businesses to be regulated Palm Beach County’s Adult
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Entertainment Code, which was subsequently adopted and is effective in municipalities
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within Palm Beach County unless the municipality opts out or is effective to the extent of
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conflict with municipal ordinances; and
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WHEREAS, the City wishes to repeal Article VI “Vehicles for Hire” of Chapter 14
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“Business Tax Receipts and Business Regulations,” allowing for such businesses to be
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regulated by the Palm Beach County Vehicle for Hire Ordinance, which was subsequently
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adopted and is effective in the incorporated areas of Palm Beach County unless a
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municipal exemption applies; and
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WHEREAS, the City of Lake Worth Beach, Florida (the “City”), is a duly constituted
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municipality having such power and authority conferred upon it by the Florida Constitution
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and Chapter 166, Florida Statutes; and
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Pg. 2, Ord. 2022-27
WHEREAS, the City Commission finds and declares that the adoption of this
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ordinance is appropriate, and in the best interest of the health, safety and welfare of the
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City, its residents and visitors.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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CITY OF LAKE WORTH BEACH, FLORIDA, that:
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Section 1: The foregoing “WHEREAS” clauses are ratified and confirmed as
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being true and correct and are made a specific part of this ordinance as if set forth herein.
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Section 2: Section 14-5 “Application for Local Business Tax Receipt” of Article
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I “Local Business Tax Receipt (BTR)” of Chapter 14 “Business Tax Receipts and
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Business Regulations,” is hereby amended to read as follows:
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Sec. 14-5. – Application for local business tax receipt.
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An application for a local business tax receipt shall be filed on a standard application form
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supplied by the city and such application shall not be processed until the application form
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is completed and the corresponding tax, as set forth herein is paid. All applicants applying
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for a local business tax receipt must submit a valid Florida driver’s license, registration or
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other valid form of identification at the time of application. Applications for a local business
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tax receipt for rental of property shall include the name, address, e-mail address, and 24-
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hour contact telephone number of a property manager who is located in Palm Beach
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County and will be responsible for the management of the property.
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Section 3: Article III “Adult Moving Picture Show or Theater, Indoor or Drive-in”
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of Chapter 14 “Business Tax Receipts and Business Regulations,” is hereby repealed in
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its entirety.
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Section 4: Article VI “Vehicles for Hire” of Chapter 14 “Business Tax Receipts
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and Business Regulations,” is hereby repealed in its entirety.
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Section 5: Severability. If any section, subsection, sentence, clause, phrase or
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portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a separate, distinct, and
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independent provision, and such holding shall not affect the validity of the remaining
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portions thereof.
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Section 6: Repeal of Laws in Conflict. All ordinances or parts of ordinances in
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conflict herewith are hereby repealed to the extent of such conflict.
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Section 7: Codification. The sections of the ordinance may be made a part of
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the City Code of Laws and ordinances and may be re-numbered or re-lettered to
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accomplish such, and the word “ordinance” may be changed to “section”, “division”, or
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any other appropriate word.
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Section 8: Effective Date. This ordinance shall become effective 10 days after
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passage.
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Pg.3, Ord. 2022-27
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The passage of this ordinance on first reading was moved by
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______________________, seconded by ________________________, and upon
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being put to a vote, the vote was as follows:
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Mayor Betty Resch
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Vice Mayor Christopher McVoy
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Commissioner Sarah Malega
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Commissioner Kimberly Stokes
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Commissioner Reinaldo Diaz
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The Mayor thereupon declared this ordinance duly passed on first reading on the
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_______ day of ____________________, 2022.
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The passage of this ordinance on second reading was moved by
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_________________, seconded by ________________, and upon being put to a vote,
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the vote was as follows:
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Mayor Betty Resch
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Vice Mayor Christopher McVoy
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Commissioner Sarah Malega
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Commissioner Kimberly Stokes
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Commissioner Reinaldo Diaz
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The Mayor thereupon declared this ordinance duly passed on the _______ day of
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_____________________, 2023.
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LAKE WORTH BEACH CITY COMMISSION
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By: __________________________
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Betty Resch, Mayor
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ATTEST:
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____________________________
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Melissa Ann Coyne, City Clerk
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