2009-07 Business Tax Rate AmendmentORDINANCE 2009-07
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES
AND MISCELLANEOUS BUSINESS REGULATIONS," BY AMENDING
ARTICLE II, "LOCAL BUSINESS TAX," SECTION 17-33, "BUSINESS TAX
SCHEDULE," TO REDUCE THE RATE OF BUSINESS TAXES FOR
SECURITY AND COMMODITY BROKERS AND TO CAP THE RATE OF
BUSINESS TAXES FOR RETAIL TRADE ESTABLISHMENTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Section 205.0535, Florida Statutes, the Village Council
appointed an equity study commission in 1994 to recommend a classification and rate structure
for business taxes, subject to certain limitations regarding the amount of any increase and the total
revenue generated; and
WHEREAS, once the requirements set forth above have been met, Section 205.0535(4),
Florida Statutes, authorizes a municipality to conduct a biennial review of its business tax rates
and increase or decrease its rates by ordinance; and
WHEREAS, there is currently no legislative authority for the Village to reclassify
businesses, professions or occupations and otherwise amend the current regulatory scheme; and
WHEREAS, in reviewing its business tax rates, the Village discovered that its rates for
security and commodity brokers were excessive when compared to the rates collected by
neighboring municipalities; and
WHEREAS, notwithstanding the fact that the Village had not been collecting business
taxes in excess of $1,500.00 for retail trade establishments where the rate is calculated based on
the value of the inventory at cost, the Village further discovered that the business tax rate adopted
by ordinance contained no such limit or cap and that it had been collecting less than the amount
due for such establishments for approximately fifteen years; and
WHEREAS, the Village wishes to reduce the business tax rate for commodity brokers and
stock brokers and to reduce and cap the business tax rate for retail trade establishments in
accordance with Section 235.0535(4), Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
• OF NORTH PALM BEACH, FLORIDA, as follows:
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Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 17, "Licenses and Miscellaneous
Business Regulations," of the Village Code of Ordinances by amending Article II, "Local
Business Taxes," Section 17-33, "Business Tax Schedule," to read as follows (new language is
underlined and deleted language is s~isl~~gl~):
Sec. 17-33. Business tax schedule.
The amount which shall be paid by the several firms, persons or
associations engaging in or managing businesses, professions or occupations for
which a receipt is required is hereby fixed as follows:
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RETAIL TRADE
Retail store:
Inventory value cost -not exceeding $1,000.00 ................... $ 38.50
Each additional $1,000.00 .................................................... 9.45
The maximum tax rate for retail stores of all tyRes shall be capped at $7,500.00
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FINANCE, INSURANCE, REAL ESTATE
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Security and commodity brokers/dealers .............................. $~-A9150.00
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Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
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Section 6. This Ordinance shall be effective October 1, 2009.
PLACED ON FIRST READING THIS 9th DAY OF JULY, 2009.
PLACED ON SECOND, FINAL READING AND I
(Village Seal)
ATTi EST:
~iG~~
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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