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Home My WebLink AboutO-08281ORIjTNAt3:'E 00, 2ai AN ORDINANCE AMENDING ARTICLE III, SGHEPULF or LICENSE TAXES, SEC. 0-213 OF THE CobE of THE CITY OF MIAMI, PLORM, POR THE PURPOSE Off' EXEMPTING; A Ri:•- TAIL BELLE t ENGAGED IN RETAIL INsTALI,MENT SAFES T RANSACT IOMS OR REVOLVING ACCOUNTS WHEN SAID RE 1'A I L SELLER IS A RETAIL SELLER WHO IMMEDIATELY ASSIGNS ALL RETAIL INSTALLMENT SALES CONTRACTS AND (1) DOES NOT RECEIVE ANY COMPENSATION, RENUMERATION OR TUING OP VALtrn ,RESULTING `RoM SUCH ASSIGNMENTS, . OR (1, IS NOT FINANCIALLY INTERESTED IN THE ASSIGNEE FIRM, OR (3) IS NOT CONNECTED W TTHTHE . ASS IGNEE rIRM 13Y ANY MUTUALITY OP OFFICERS , DIRECTORS, MANAGERS OR EM- PLOYEES: PROVIDING A PENALTY% REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS. THEY ARE IN CONFLICT: CONTAINING A SEVERABILITY PRO- VISION: PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The "retail Installment Sales Contracts and Revolving Accounts" portion of Article III, Schedule of Licon�}- 'taxes, Sec. 30-28 of the Code of the City of Miami, Florida, is hereby amended to read as follows: RETAIL INSTALLMENT SALES CONTRACTS AND REVOLVING ACCOUNTS: The following words when used herein shall have the meanings respectfully ascribed to them below: (1) "Goods" means all personalty when purcha:,Cd primarily for personal, family or household use, includ- ing certificates or coupons issued by a retail seller exchangeable for personalty or services, but not in- cluding other chosen inaction, personalty sold for commercial or industrial ° use, money, motor vehicles or construction, mining or quarrying equipment. The term "goods" includes such personalty: which' is furnished or used, at the, time of sale or subsequently, in the modernization, rehabilitation, repair, alteration, im- provement or construction of real property as to bcc=o;n:. a part thereof, whether or not severable therefrom. (2) "Retail buyer" or "buyer" means a person who buys goods or obtains services from a retail seller in a retail installment transaction and not principally for the purpose of resale. 1 y "Retail seller "" or "seller'', means a Pierson reculari engaged iti► aric3 wlioad btisihess consists to a substantial eXteIt of► selling goods to a retail buyer. (4) "F`tetaii iristallitent sales transaction" or, transaction" Meahs: a contract to sell of furnish or the sale of or the ' futhishing of goods or services bti` a retail'seller to a retail buyer pursuant to a retail installment contract Or:a'revolving account. � (5) "Retail installment sales contrac' or ",eon- tract" t tract" means an instrument ot instruments reflecting ono Or mare retail installment sales transactions entered into in'this state pursuant to which goods or Services may be paid for'in installments. It does not.include.a revolving account or an instrument reflecting a sale pursuant, thereto'. (,) -"Revolving account" or ''account" means an instrument or instruments prescribing the terms, of re•- tail installment sales transactionw which may bB made thereafter from'time to time pursuant thereto, under, which the buyer's. total unpaid balance thereunder, whenever incurred, is payable" in'installments over a period of time and under the terms of which a time price differential is to be computed in relation to the buyer's unpaid balance from'time to:time. (7) "Cash sale price7 means the price for which the seller would have sold or furnished :to the buyer, and the buyer would have brought or obtained fro,the sell :" seller; the goods or service's which are the subject matter of the retail installment sales' transaction,' if such sale:had been,a sale for cash. The cash sale price '.r;ay:include any applicable taxes and charges for dc- 4.•ry, installe'_.io ervici ng, repairs, alterations, 7ap4 Ian annuA ec.-cu;. at:oAl license ' fee for the privi- 0 of conducting, tay ing ' in and carrying on the .,u _ness o,f a retail seller engaged in retail installment sales"transactions orrevolving accounts as defined in this ordinance, there is hereby levied and assessed upon every such retail seller, for each store located and operated within ' the city for the con- :duct'ofsuchbusiness an annual license fee in the sum of one hundred eighty-four dollars and fifty cents; with the exception that a retail seller who immediately assigns all retail installment sales contracts and (11 .does -not receive any compensation, remuneration or thing of value resulting £rom'such assignments, or (2) is not financially interested in' the assignee firm, or (3) is not connected with the assignee firm by any mutuality of officers, directors L managers or employees;_shal.l'be: exempt from this requirement to have:said annual occupa- :tion license. i Section 2. This ordinance shall become effective thirty (30) days after its passage. Section 3. Any person violating the provisions of 8eetifh 1 of this Ofdih hce shall be fined, c i iptisoned, (zit both fined and imptisor ed in acectdance with Sections 3(aa) of the Chatter of the City of Miami (Chapter 10847, Acts of Piorida, 1925, as amended) and Section 1-8 OE The Code of the City of Miami, Florida. Section 4. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are ii conflict, are hereby repealed Section 5. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent of the Commission of the City of Miami to pass this ordinance Without such unconstitutional, invalid, or inoperative part therein; and the remainder of. this:ordinance, after the e.•- elusion of such part: or parts shall b deemed and held'ro be valid as' if such' parts had, not. been included therein. PASSED AND ADOPTED BY TITLE ONLY this 13th day of June' , 1974 ', PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this llthday of July Attest; H.D. SOUTHERN 1974. MAURICE A FERRE City Clerk MAYOR -3- MIAMI REVIEW ANB BAtL'% §€cob Pu6WLLhted bait &tce'pl Satlade*, kart dfy ahtt Lied 1lotidoy3 bade, CoitrMfy; 'loridr! StAt€ ' i lokibA b�ttNfiY,Of bAbtt yy y eefedefMarthaa'btrobnle. Wh Oh bath saqq�3athat he le the V.P., Legal Ads of. the Warn' RatiteW end Daily Record. a daily ,(eizcept Saturda , Suflday and Legal .Holiday3), hewabaper, 6pubilshedy at Mianil in • Dade bounty Florida; that the attached copy of adver• titertient, being a Legal Advertisement or Notice In the matter of City of Miami, F'lo'ida Re: AboPtION Off' o tbtNANCE No ► 8281 In the . CKk Coul, was published in 'said Newspaper inthe issues of Ju-.t.... 1 7.,. Affiant further ,says that the said Went Review and Daily Record is a newspaper published at Miami, In said Dade County, Florida, and that the said news• paper has heretofore been continuously published In said Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami. in said Dade County,Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and atfiant further says that she has neither paid nor premised any person, firm or Corporation any dfsecont;`rehate, commission or refund for the purpose of secu$}iing-'this advertisement for publication in the told m ,spapeh.� Sworn to and subscribed before me this 17th July 19... 4 day,o•.A.D . :.5,`.. Nla forty �f ith ....., • ubllo + (SEAL) My Commission' . expires September 1, 1977. Not'a ryt41tb P� lorida at Large. Atiktttif� ttpAL-i*ii'it* Alt ih'tere'str•d tt'.itf take that ?th ;ti, ': iith Clay. •ot July.197I the tof tfnis<i»h of' the CIt%' tit i1(atnlj f ioFlita ;' RHopted nn oftIlnehee;ehtitled """ .�� ottbt'lAN t AitEND- tNd AR11CLE /It, SCHED+ W.A. OP.LtCEi'si TAXES,' SEC. _ao-28OF` THE -CODE OF':: 'HE CtTY OF` StrAitt. 4'IARIDA; FOE. TEE PLR - POSE OF-- EXEAIPTI m A ',RETAIL SELLEtt • r.:\ftPti • IN ttE•tAf t. 1fit.. STALLiW 1:x%i'1' ' ,''"' s A is lJ". SY TRANSACTIONS ;011 RI•.= Vot,VtMO A c.0 O ON it, S \\•n?ti sAto I1irA1L spar LEI. IS''A RETAIL sEtd.1:n W!lo IMMEDIATELY AS- . SION'S ALI, RETAIL IN- s'r.\I:LMMENT SALES CON,. TRAO'S AN13 bOEs ,N•Or .RECE115E 'ANY COit•-.''` PENSATION, RENtrittnA. rION on. -TFt1.NC 0? \'AI.VF: tlE.ctr+LTtNtf;'t:tt0Nt st"i'It ASSICNMt?.NTS. OR (2) IS NOT FINANCIALLY INTERESTED IN THE .AS- sn; 1; ,FIRMt, OR (3) IS NOT CONNECTED WITII THF: \SEICEE FIRM BY ANY MIJTVALITY OF OF• F'tCERS. Dl'R E C T O R Nt' A N A (E °R S OR Eft• PLOYEESl PRO'.'1DI\G -A PENALTY: tPEPUALT,Vo ALt. ORDINANCES. CODE SEL1'ION5 OR PARTS . TIIEEEOF IN CONFLICT. 1Ns(?FA)t AS T11I:Y ARE ' IN CONFLICT: CONTAIN- ING A SEVERABILITY t'ftn\•1sION: i'Rovroi n E O n' ":\ EFFECTIVE 'DATE. tchlvh Is designated Ordinanee Ntr. S2el. ' il. 0. FotiT1iER • 4.1TS' C;.R111' CITY ';b' \11•AMI. C it rnti.,e on 7 17 :0)19 SRt/ts 4/1e/ 4 ORDINANCE NOt_`" 0✓ AN ORDINANCE AMENDING ARTICLE III) SCHEDULE "O' LICENSETAkES, 82C. 30-28 OF THE CODE OF THE CITY OF IAMI, FLORIDA, FOR THE PURPOSE oP EXEMPTING A RE- TAIL SELLER ENGAGED IN RETAIL INSTALLMENT SALES TRANSACT IONS OR REVOLVING ACCOUNTS WHEN sA Ib RETAIL SELLER IS A RETAIL SELLER WHO IMMEDIATELY ASSIGNS ALL RETAIL INSTALLMENT SALES CONTRACTS AND (1) DOE8 NOT RECEIVE ANY COMPENSATION, RENtiMERATION OR THING OF VALUE RESULTING FROM SUCH ASSIGNMENTS, OR (2) IS NOT FINANCIALLY INTERESTED IN THE ASSIGNEE FIRM, OR (3) IS NOT CONNECTED WITH THE ASSIGNEE FIRM BY ANY. MUTUALITY. OF OFFICERS, DIRECTORS, MANAGERS OR EM- PLOYEES: PROVIDING A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT' CONTAINING A SEVERABILITY PRO- VISION; PROVIDING FOR AN EFFECTIVE. DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OFMIAMI, FLORIDA: Section 1. The "Retail Installment Sales Contracts and Revolving Accounts" portion. of Article III, Schedule of License raxes,..Sec. 30-28 of the Code of the City of Miami, Florida, is hereby amended to read as follows: RETAIL INSTALLMENT SALES C0NTRCTS AND REVOLVING ACCOUNTS. The following words when used herein shall have the meaningsrespectfully ascribed to them below: (1) "Goods" means all personalty when purchased primarily for personal, family or household use, includ- ing certificates or coupons issued by a retail seller exchangeable for personalty or services, but not in- cluding other choses in action, personalty, sold for commercial or industrial use, money, motor vehicles or construction, mining or quarrying equipment, The term "goods" includes such personalty which is furnished or, used, at the time of sale or subsequently, in the modernization, rehabilitation, repair, alteration, im- provement or construction of real property as to become a part thereof, whether or not severable therefrom, (2) "Retail buyer" or "buyer" means a person who buys goods or obtains services from a retail seller in a retail installment transaction and ,not principally for the pur!?ose of resale, (3) "Retail seilet of seller tneahs a pettOh tegdlarly engaged ih) aftd whbee business cbrisists to a substantial ektent of, selling goods to a retail bUye1= (4) "Retail installment sales, transaction" or "ttansadtion" meads a.dohttact to sell of furnish of ' cs of services by the sale of of the furnishing of goo a retail seliet to a retail buyer p't'suant to a retail installment contract of a revolving account. (5) "Retail ihstalltttent sales contract" of "con- tract" means an instrument of itisttuments reflecting one of mote retail installment sales transactions eritet:ed into in this state pursuant to which 'goods or services may be paid for in installments. It does not include a revolving account or an instrument reflecting a sale pursuant thereto. (6) "Revolving account" or''"account" means an instrument or instruments prescribing the terms of re- tail installment sales transactionw which may be made thereafter from time to time pursuant thereto, under which the buyer's total unpaid balance thereunder, whenever incurred, is payable in installments over a period of time and under the terms of which a time price differential is to be computed. in relation to the buyer's unpaid balance from time to time. (7) "Cash sale price" means the price for which the seller would have soldor furnished to the buyer, and the buyer would have 'brought or obtained from the seller, the goods or services which are the subject matter of the retail installment sales transaction, if such sale had been a sale for cash. The cash sale price may include any applicable taxes and charges for de- livery, installation, servicing, repairs, alterations, or improvements. An annual occupational license fee for the privi- lege of conducting, engaging in and carrying on the business of a retail seller engaged in retail installment sales transactions eenteaets-and or revolving accounts as defined in this ordinance, there is hereby levied and assessed upon every such retail seller, for each store located and operated within the city for the con- duct of such business an annual license fee in the sum of one hundred eighty-four dollars and fifty cents; with the exceotion that a retail seller who immediately Y assigns alllretailinstallment sales contracts and [1) doss not receive and compensation t. remuneration or thing of value resulting from such assignments, or (2) is not financially interested in the assignee firm or (3) is not connected with the assignee firm 'la any mutuality, of officersi directorst.. managers or employees, shall be exempt from this regairement to have _said annual ocsaaa_ tion license. Section 2. This ordinance shall become effective thirty (30) days after its passage, Section 3, AnY person violating the provisions of Sectioh 1 of this orditiande' shall :be fit ed. or ift ironed Or both fined and itptisoned in accordance with Settiofia 2(c ,of the Chatter of the City of :Miami. (Chatter i08470 Acts of Florida, 1925, as amended) and Section Code of the City of Miami, Vlprida, Sedtion 4, All ordinances, code sections or pants thereof in conflict herewith, insofar as' ,they are i, conflict, 1-6 of The are hereby repealed. Section5. Ifany section, sentence, clause, phrase,. or word of this ordinance is for any reason held or declared.' �to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent the Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part :therein;.and the remainder of this ordinance, after the ex- clusion ofsuch part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED. AND ADOPTED BY TITLE ONLY this / 3 day of r ry`! _ { 1968 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this It 'r day of , 1974. MAYOR 7:tteat; City Cier}. r .. -. _ ,Mr• .w.s.es<e. _. - ..ew V,ve.Trre.e.___r a_ - * Words stricken 'through shall be deleted, Underlined words constitute the amendment proposed, Remaining previsions are now in effect and, 'amain unchanged, 1 PRtPAA0 Af i . A ?P,AOVEb bN1 $. 4i4 gtetbe -z Aesietant City Attorney APPRoVEb AS . TO F`ORM A 1ti CORRECTNESS Jbhn S. Lloyd City Attorney tot FPBM: C:rr CFi r:i;A:t2'r .ef..tiaf A i �y Mt.t,i6kA OUNI .. The ionofabte Mef bees be l(li2 x o city, L+OMMis7 7ibrt John 8. Lloyd ✓sue i��/',/� `/% ,/- lY t3A'PE: Apeii. 22b 1974 r:Le; :Ytirlj`:c'r'4 PPi bposccl Cjrdinan:' :'. exempting det'tain teta:. 1 m L'Ch ntS fror'. ' i?•equi eME=nt' that they have to tI O,It CEs; reLail installment sales • 1itert is ENCLG3'Jd_3; The exemption contain.:!d S.n the proposed ordinance i:as requested by the Latin Chamber of Commerce trtiougil held regarding the eu� RLboso. Con"erericLs �•:��z`:? tx _ Lion oE the category of rzt`i.1 re:.'chants to possibly ex::: ?t • cd from the payment of t:'h '/''tatl installments salw+ (.`1E5f .0 j, pages 640-941, t'u:tt:me Ir, Miaii Code, Seec.ion 33- 2 ) . Paques t was made to . the rep:i !..tmz r1t' of Finance , for . t.;i:x- t.`•u L' `)i)a -'_ of attempting to ascertain ',:hat monetary impact the o,:C__tc$sed ordinance would have on licensing income in the City. The Department ' of Finance estimF2Le: the loss to be ap; ro:.imately $10, b00 to $1 1, 000 annually. A copy of: the April 15, 1974 memorandum from W. R. i3 ii ',. Director of Fini 11Cn', 3.:i attached. J S L/S RS,'t s PREPARED BY: /1 S terben; A-i Ji :..tint' City . Attorney ■ r. cf'iY OF- :tPr't!t F►�br'fCA i►Ntak4J=FiCG. Ppi:`iohkNbUM kW.; John V i Lio jrd City Attothdy �t r Y Attht lili li its SL`CY�7CH� Assistatit Oity Attbtiv.ly2 sty' /)' } qC-'� tly .Dilieetbt di' Pitatde HaYF :JOH is'C rrt1 t t 1, try j9 4 ictt t: it it ,1.lt:i Cili��:�t1L taltttc; LtlLit C.iatilt) t:t of ter,;;x:tftco ,tctluot: re :iditio Itt i1.10•11fh::5 1'ottt ti:„totatclual of _x.pti'1 11, 104 tr attst7er to the above re c't`etccd me»toraitdu'`.. raque:ttin;j ,itli.br:.tats:Loa as th,r rott hta.Y y inpact the r roilozed at:'.'3ttdtrant ttou! d have vit to 3 s. t C+ t ?.' s �.c'? t:C Ole Los i t:c u1.'.i 7 i.'. )�7r�.: .ilat al l 1. tceti ti? rie 3.t1COw2 1�'i - t11e. j , weC t � � $10OOG' to $11,000 atnttuall;.: .t3is reJre:st.ttts -about 50 to 6 cccu;�ational s licensea at $164.5C•each. ttc, trust this is the inforratian':>ou 'de8ir t H • C. • •