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P.O. Box 2806 (32781-2806)
555 S. Washington Avenue
Titusville, FL 32796
Phone: 321-567-3758
Fax: 321-267-3711
Email: 
The City of Titusville, Florida / Community Development / Business Tax Receipts / Opening a Business in Titusville / Mobile Vendor, Special Event Vendors, Seasonal Sales

Mobile Vendor, Special Event Vendors, Seasonal Sales

MOBILE VENDORS, SPECIAL EVENT VENDORS, SEASONAL SALES

 

Sec. 11-331. Definitions.

 

For purposes of this article, the following terms shall have the meanings ascribed to them in this section:

 

Business tax receipt shall mean a business tax receipt issued by the city in accordance with section 11-31 of the Code of Ordinances.

 

Mobile vendor shall mean a person, corporation, company or business that sells or offers for sale goods, wares, merchandise, beverages or food stuffs of any kind or nature whatsoever from a vehicle capable of movement.

 

Moving vehicle shall mean, for the purpose of this section, a motor vehicle bicycle, cart, wagon or similar vehicle used for displaying, storing or transporting articles for sale by mobile vendor and containing the appropriate appurtenances for such display, storage and transport.

(No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-332. Mobile vendors.

(a)        Business Tax Receipt required. It shall be unlawful for any mobile vendor to engage in such business within the city without first obtaining a business tax receipt in compliance with the provisions of this article.

(b)        Off-loading prohibited. No business tax receipt shall be required by this article of any person for the privilege of engaging in the selling of farm, grove, horticultural, floricultural, tropical piscicultural or tropical fish farm products or products manufactured therefrom, except intoxicating liquors, wine or beer, when such products were grown or produced by such person in the state. No off loading of any merchandise from mobile vehicles will be permitted.

(c)        [Signed sworn application.] Applicants for a business tax receipt under this section shall file a written sworn application signed by the applicant, if an individual, by a partner, if a partnership, and by an authorized officer or agent if a corporation, with the administrator, showing:

(1)        The name of the persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city.

(2)        The local address or addresses of such persons while engaged in such business.

(3)        The permanent addresses of such persons.

(4)        The capacity in which such persons will act (that is, whether as proprietor, agent or otherwise).

(5)        The name and address of the person for whose account the business will be carried on, if any.

(6)        If a corporation, under the laws of the state it is incorporated.

(7)        The places in the city where it is proposed to carry on applicant's business, the dates during which the business shall be conducted and, if located on private property, written authorization from the property owner for the use of the property and a site plan.

(8)        A mailing address at which notice of any city information pertinent to any business tax receipt under the section shall be considered received and binding upon the applicant on the fifth day after first class mail is posted to said address.

(9)        A description of the business, including specification of the goods/services offered for sale and, if a mobile vendor, a description of the vehicle to be used in the business.

(10)      If edibles are offered for sale, a written acknowledgment from the appropriate state or county agency that the business is licensed in conformity with applicable health codes, which acknowledgment shall have been issued.

(11)      A site plan must be submitted showing the general location of the vehicle relative to streets, sidewalks, property boundaries and similar permanent businesses.

(12)      No business tax receipt shall be issued for any person pleading no contest of being convicted of theft, consumer fraud, deceptive trade practices or sexual battery within the last five (5) years.

(13)      One (1) sign per street frontage--Thirty-two (32) square feet maximum area of sign face. Sign can be double sided.

(14)      All signs, displays and associated uses must be removed daily.

(15)      Cleanup of the property upon expiration of the business tax receipt shall be the responsibility of the business tax receipt holder and property owner equally.

(16)      Such other reasonable information as to the identity or character of the person having the management or supervision of applicant's business or the method or plan of doing such business as the administrator may deem proper to fulfill the purpose of this article in the protection of the public good.

(d)        Zoning districts. Mobile vendors may be permitted within the CM, SMU, CC, RC and M-1 zoning districts except no business tax receipt will be issued within the downtown mixed use land use designation. (NOTE: See Future Land Use Map for official areas designated as downtown mixed use. In general, this area encompasses Washington Avenue from Buffalo Road to the southern boundary of Titusville High School; Garden Street from North William Avenue to the F.E.C. Railroad tracks; and along South Street from the Water Tower to the Railroad tracks. Within PID Zoning Districts mobile vendor lunch wagons shall be permitted.  A map showing eligible areas is available by clicking on the "Eligible Locations" pdf at the bottom of this page.

(e)        Distance requirements. No mobile vendor shall locate within five hundred (500) feet, as measured from the property line, of any lawful permanent business which sells the same goods during the hours of operation of said business.

(f)         Business Tax Receipt fee. A mobile vendor's business tax receipt is a flat fee of one hundred and nine dollars and twenty cents ($109.20) for each merchant, including one (1) vehicle; for the second and each additional vehicle, sixteen dollars and eighty cents ($16.80) each. This fee is renewable per the timelines specified in Section 11-54. Specifically excluded from this classification is any such store which has an established place of business in the City of Titusville holding a business tax receipt or any mobile vendor whose proceeds are used exclusively for charitable, religious, fraternal, youth, civic and service organizations.

(g)        Exemption. Farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products are required to obtain a no fee business tax receipt for the privilege of engaging in the selling of farm, aquacultural grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products, or products manufactured herefrom, except intoxicating liquors, wine, or beer, when such products were grown or produced by such natural person in the state.

(h)        Wholesale business tax receipt. A wholesale farmer's produce market shall have the right to pay a business tax receipt fee of not more than two hundred dollars ($200.00) for a business tax receipt that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual local business tax receipts to so engage. (F.S. Section 205.064)

(i)         Transfer of business tax receipt. A business tax receipt may be transferred to another owner provided all rules are followed as prescribed in section 11-47, change of ownership/change of name.

(j)         Certification. Written certification of where and by whom the farm aquacultural, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products are grown is required by the administrator.

(k)        Hours of operation. The hours and days of operation shall be the choice of the vendor, but cannot exceed five (5) days per week and must be specified on the application. Hours of operation shall be from sunup to sundown only. Vehicles must be removed from site during non-operational hours.

(l)         Review of application. Upon receipt of the application and fee, the city will review the application to determine compliance with the requirements; and if the application meets the code, a business tax receipt will be issued. Failure to meet the code will cause a business tax receipt to be denied.

(Code 1963, § 13-26(D)(2)(g), (3)(a), (M)(2); Ord. No. 32-1995, § 5, 9-26-95; Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

 

Secs. 11-333--11-334. Reserved.

Editors Note: Ordinance No. 41-1996, § 2, adopted November 12, 1996, reserved §§ 11-332--11-334. Formerly, such sections pertained to license required, exemption, mobile and seasonal vendors' license--Application and derived from §§ 13-26(M)(1), 13-26(M)(3), 13-26(D)(2)(g) of the 1963 Code; Ord. No. 32-1995, §§ 6--8, 9-26-95.

 

Sec. 11-335. Records.

The administrator shall keep a full record in its office of all business tax receipts issued. Such record shall contain the number of the business tax receipts, the date the business tax receipt was issued, the nature of the business authorized to be carried on, the amount of the business tax receipt fee paid, the expiration date of the business tax receipt, the place where the business may be carried on under such business tax receipt, and the name of the persons authorized to carry on the business. No business tax receipt shall be issued unless proof of compliance with the Land Development Regulations is shown.

(Code 1963, § 13-26(M)(4); Ord. No. 32-1995, § 9, 9-26-95; Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-336. Reserved.

Editors Note: Ordinance No. 41-1996, § 2, adopted November 12, 1996, reserved § 11-336. Formerly, such section pertained to fees and derived from § 13-26(D)(2)(c)--(g), (3)(c), (M)(8), (9) of the 1963 Code; Ord. No. 32-1995, § 10, 9-26-95.

 

Secs. 11-337, 11-338. Reserved.

Editors Note: Ord. No. 32-1995, § 11, adopted Sept. 26, 1995, repealed § 11-337, which pertained to bond. Section 12 of said ordinance repealed § 11-338, which pertained to service of process.

 

Sec. 11-339. Exhibition of business tax receipt.

(a)        The business tax receipts issued under this article shall be posted conspicuously on the mobile vehicle or at the place of business. In the event that the applicant maintains more than one (1) vehicle, a separate, original business tax receipt shall be prominently displayed on each vehicle. (Photocopies will not be accepted.)

(b)        Each vendor of vegetables, fruits, seafood or nursery products or a rolling store shall maintain upon each vehicle, while in operation, a business tax receipt and the holder of each business tax receipt or agent thereof shall exhibit it to the city code inspector or any police officer upon request.

(Code 1963, § 13-26(D)(2)(f), (g)(1), (M)(7); Ord. No. 32-1995, § 13, 9-26-95; Ord. No. 41-1996, § 1, 11-26-96; No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-340. Special events vendor.

(a)        Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning.

 

Special events vendor. A person, corporation, company or business that sells or offers for sale, goods, wares, merchandise, beverages or food-stuffs of any kind or nature whatsoever at special events as described in paragraph (b) below.

 

(b)        Location. For the purposes of this article, special events vendors will be permitted in the CBD, CM SMU, CC, RC and M-1 districts. Examples of such events include, but are not limited to, space launches, parades, etc. Events not listed above may be approved by the planning department on a case-by-case basis.

(c)        Business tax receipt required. It shall be unlawful for a special events vendor to engage in such business within the city without first obtaining a business tax receipt in compliance with the provisions of this article.

(d)        Process and requirements. An application shall be filled out with the following information provided:

(1)        The name of the persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the city.

(2)        The local address or addresses of such persons while engaged in such business.

(3)        The permanent address of such persons.

(4)        The capacity in which such persons will act (that is, whether as proprietor, agent or otherwise).

(5)        The name and address of the person for whose account the business will be carried on, if any.

(6)        If a corporation, provide a copy of the corporate papers.

(7)        The places in the city where it is proposed to carry on applicant's business, the dates during which the business shall be conducted and, if located on private property, written authorization from the property owner for use of the property.

(8)        A mailing address at which notice of any city information pertinent to any business tax receipt under the section shall be considered received binding upon the applicant on the fifth day after first class mail is posed to said address.

(9)        A description of the business, including specification of the goods/services offered for sale, and if a mobile vendor, a description of the vehicle to be used in the business.

(10)      If edibles are offered for sale, a written acknowledgment from the appropriate state or county agency that the business is licensed in conformity with the applicable health codes, which acknowledgment shall have been issued within thirty (30) days prior to the date of application.

(11)      No business tax receipt will be issued to any person who has been convicted or pled no contest to any crime of theft, consumer fraud, any deceptive practice or sexual battery, within the last five (5) years.

(12)      A site plan must be submitted showing the general location of the vehicle relative to streets, sidewalks, property boundaries and similar permanent businesses.

(13)      Signage--One (1) sign per street frontage--Thirty-two (32) square feet maximum area of sign face. Sign can be double sided.

(14)      All signs, displays and associated uses must be removed daily.

(15)      Cleanup of the property upon expiration of the business tax receipt shall be the responsibility of the business tax receipt holder and property owner equally.

(16)      Such other reasonable information as to the identity or character of the person, method or plan of doing such business as the administrator may deem proper to fulfill the purpose of this article in the protection of the public good.

(d)        Business tax receipt fee. The special events vendor's business tax receipt is a flat fee of fifty-four dollars and sixty cents ($54.60) for each merchant, including one (1) vehicle; for the second and each additional vehicle, sixteen dollars and eighty cents ($16.80) each. This fee is good for each seasonal event only.

(e)        Hours of operation.

(1)        The hours and days of operation shall be limited to forty-eight (48) hours prior to and twenty-four (24) hours following each special event.

(2)        May not operate between the hours of 10:00 p.m. and 7:00 a.m.

(f)         Review of application. After receipt of the application and fee, the city will review the application and determine if the applicant meets the requirements and, if so, issue the business tax receipt. Any person not meeting the requirements will be denied the business tax receipt.

(Code 1963, § 13-26(M)(15); Ord. No. 32-1995, § 14, 9-26-95; Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-341. Seasonal sales vendor.

(a)        Definition. Seasonal sales vendor shall mean outside sales vendors who are marketing a product traditionally associated with the following holidays: Valentines, Fourth of July, Halloween, Thanksgiving and Christmas.

(b)        Business tax receipt requirements. It shall be unlawful for a seasonal sales vendor to engage in such business within the city without first obtaining a business tax receipt in compliance with the provisions of this article.

(c)        Business tax receipt requirements. Business tax receipts will be issued for the following time periods:

(1)        Forty-five (45) days prior to January 1.

(2)        Thirty (30) days prior to February 14, July 4, December 25 and October 31.

(d)        Hours of operation. May not operate between the hours of 10:00 p.m. and 7:00 a.m.

(e)        Location. Season sales vendors may be permitted within the CM, SMU, CC, RC and M-1 zoning districts except no business tax receipt will be issued within the downtown mixed use land use designation (NOTE: See Future Land Use Map for official areas designated as downtown mixed use.) In general, this area encompasses Washington Avenue from Buffalo Road to the southern boundary of Titusville High School; Garden Street from North William Avenue to the F.E.C. Railroad tracks; and along South Street from the Water Tower to the Railroad tracks.

(f)         Application and requirements. An application shall be filled out with the following information provided:

(1)        The name of the persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city.

(2)        The local address or addresses of such persons while engaged in such business.

(3)        The permanent address of such persons.

(4)        The capacity in which such persons will act (that is, whether as proprietor, agent or otherwise).

(5)        The name and address of the person for whom the account the business will be carried on, if any.

(6)        If a corporation, provide a copy of corporate papers.

(7)        The places in the city where it is proposed to carry on applicant's business, the dates during which the business shall be conducted and, if located on private property, written authorization from the property owner for the use of the property and a site plan as required by section 11-340 and section 11-341.

(8)        A mailing address at which notice of any city information pertinent to any business tax receipt under the section shall be considered received and binding upon the applicant on the fifth day after first class mail is posted to said address.

(9)        A description of the business, including specification of the goods/services offered for sale and, if a mobile vendor, a description of the vehicle to be used in the business.

(10)      If edibles are offered for sale, a written acknowledgment from the appropriate state or county agency that the business is licensed in conformity with applicable health codes, which acknowledgment shall have been issued.

(11)      A site plan must be submitted showing the general location of the vehicle relative to streets, sidewalks, property boundaries and similar permanent businesses.

(12)      Location of restroom facilities. Port-a-lets are permitted.

(13)      No business tax receipt will be issued to any person who has been convicted or pled no contest to any crime of theft, consumer fraud, any deceptive practice or sexual battery, within the last five (5) years.

(14)      Such other reasonable information as to the identity or character of the person having the management or supervision of applicant's business or the method or plan of doing such business as the administrator may deem proper to fulfill the purpose of this article in the protection of the public good.

(g)        Business tax receipt fee. A seasonal sales business tax receipt is a flat fee of eighty-eight dollars and twenty cents ($88.20) for each merchant, including one (1) vehicle; for second and each additional vehicle sixteen dollars and eighty cents ($16.80) each. This fee is for each seasonal holiday.

(h)        No business tax receipt issued under this article shall be transferable.

(i)         Other requirements.

(1)        All pyrotechnic items sold must be approved under state law and the items and location must be approved by the city fire marshal.

(2)        All tents require a building permit and an inspection by the city fire marshal before a business tax receipt can be issued.

(3)        Signage--One (1) sign per street frontage--Thirty-two (32) square feet maximum area of sign face. Sign can be double sided.

(4)        All signs, displays and associated uses must be removed daily.

(5)        Any lighting and/or electrical installation shall be installed in compliance with the provisions of electric code adopted in section 6-221.

(6)        Cleanup of the property upon expiration of the business tax receipt shall be the responsibility of the business tax receipt holder and property owner equally.

(j)         Application review. Upon receipt of the application and fee, the application will be reviewed, and if all the requirements are met, the business tax receipt will be issued. If some of the requirements are not met, the business tax receipt will be denied.

(Code 1963, § 13-26(D)(3)(d); Ord. No. 32-1995, § 15, 9-26-95; Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

Cross References: Zoning districts, Ch. 59, Land Development Regulations, Vol. II.

 

Sec. 11-342. Reserved

Editors Note: Ord. No. 32-1995, § 16, adopted Sept. 26, 1995, repealed § 11-342, which pertained to vegetable, fruit, seafood or nursery product vendors or rolling stores.

 

Sec. 11-343. Loud noises and speaking devices.

No business tax receipt holder under this article, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud-speaking, radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such business tax receipt holder proposes to sell.

(Code 1963, § 13-26(M)(10); Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

Cross References: General performance requirements, Ch. 39  et seq., Land Development Regulations, Vol. II.

 

Sec. 11-344. Records.

The administrator shall keep a record of all such business tax receipts and of such complaints and violations.

(Code 1963, § 13-26(M)(12); Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-345. Revocation of business tax receipt.

(a)        The business tax receipt issued pursuant to this article may be revoked by the administrator after notice and hearing, for any of the following causes:

(1)        Any fraud, misrepresentation or false statement contained in the application for business tax receipt.

(2)        Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.

(3)        Any violation of this article.

(4)        Any plea of no-contest or conviction for theft, consumer fraud deceptive trade practices or sexual battery.

(5)        Conducting the business that holds a business tax receipt under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(b)        Notice of hearing for revocation of a business tax receipt shall be given and shall comply with current code enforcement regulations specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the business tax receipt holder, at his last known address, at least ten (10) days prior to the date set for the hearing.

(Code 1963, § 13-26(M)(13); Ord. No. 41-1996, § 2, 11-12-96; No. 24-2009, § 4, 6/9/2009)

 

Sec. 11-346. Appeal.

Said aggrieved person shall have fourteen (14) calendar days to file with the city clerk's office to be heard by the city council at the next available council meeting. The council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in section 11-345 for notice of hearing on revocation. The order of the city council on such appeal shall be final.

(Code 1963, § 13-26(M)(14); Ord. No. 41-1996, § 2, 11-12-96)

 

Sec. 11-347. Enforcement.

It shall be the duty of the code enforcement supervisor or his/her designee of the city to examine all places of business and persons in their respective territories subject to the provisions of this article to determine if this article has been complied with and to enforce the provisions of this article against any person found to be violating the same.

(Code 1963, § 13-26(M)(11); Ord. No. 41-1996, § 2, 11-12-96)

 

Sec. 11-348. Penalty.

Any person violating any of the provisions of this article shall, upon conviction thereof, be punished pursuant to section 31-66.

(Code 1963, § 13-26(M)(16); ; Ord. No. 41-1996, § 2, 11-12-96)

Cross References: Code enforcement board, § 31-66 et. seq., Land Development Regulations, Vol. II.

 

 



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