2005 – 2006
Occupational License renewal period ending.
Penalty period begins February 15th
By Robert C. Solera, Assistant Administrator Building Department and Code Enforcement and Licensing Director

The 2005-2006 occupational licensing renewal period is ending. Unfortunately several businesses within our community have failed to renew their License. Unlicensed businesses are in violation of a number of laws and are thereby subject to enforcement action as necessary to bring said businesses into compliance with the law.

Section 205.053 of State statute 205 states:

“(1) All Licenses shall be sold by the appropriate tax collector beginning August 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year…”

“… Licenses that are not renewed when due are delinquent and subject to a delinquency penalty…”

“(3) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required Occupational License tax within 150 days after the initial notice of tax due, and who does not obtain the required Occupational License tax is subject to civil actions and penalties, including, court costs, reasonable attorneys’ fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00.”

All existing licensed businesses were mailed courtesy renewal notices on or before August 1st, 2005. Past Due Notices were mailed to all delinquent businesses in November.

Code Enforcement Warning Notices of Violation will be issued starting on February 15, 2006 to all businesses that have not paid the required tax and obtained their Occupational License. The warning notice will give those delinquent businesses until February 31, 2006 to comply. Businesses that do not respond to the warning notice will be issued Civil Violation Notices with a $100.00 civil penalty for failure to renew the occupational license and $250.00 civil penalty for failure to renew the required certificate of use. The Civil Violation Notice will require the delinquent business owners’ to comply within seven (7) calendar days of their receipt of the citation. The violator also has the right to appeal the notice before the City Special Master.

The Occupational Licensing process is implemented in an attempt to guide new owners through the process of opening a new business and allow old established businesses to bring updated information related to their business, in order to assure that said owners have all the required documentation, certification, and/or registrations to operate legally. This may include but not be limited to obtaining any Federal, State, County, and/or City permits, licensing, certifications, or registrations. In fact both the State and City laws specifically prohibit this Department, from issuing an Occupational License if the above reference requirements are not met. Most businesses have complied, or have been brought into compliance, with the implementation of non-judicial actions and solutions. Those conscientious business owners are to be commended for their cooperation and commitment to the City.

We all benefit as a community from proper licensure and business regulation because we limit the potential negative connotations and continue to enhance the positive aspects living, working and consuming within our City. In short, these laws are not enforced to restrict the operation of our businesses but rather to protect the health, safety and welfare of the citizenry and visitors of Sunny Isles Beach.

Did you know?

Sunny Isles Beach collects on and enforces business licensing locally.

• No Person, either directly or indirectly, shall, within the City limits, engage in or manage any business in the City for which a License is required without first obtaining the required License. Violators are subject to a fine of up to $100.00.
  
• No Person, either directly or indirectly, shall, within the City limits, engage in or manage any business in the City for which a Certificate of Use is required without first obtaining the required Certificate. Violators are subject to a fine of $250.00.
  
• Section 8A-172 of the City Code of Ordinances, as adopted, establishes the act of conducting any business without the required Occupational License as a misdemeanor.
  
• This Division can go through the process of denying the License renewal or revoking an existing License in accordance with of the City Occupational License Ordinances.

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