§ 13-1. Definitions.

The following word, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Business: Any commercial or mercantile activity engaged in by any person, real or otherwise for personal gain, whether profitable or not.

Business tax: A tax levied on each business, occupation, or profession for the privilege of engaging in or managing any business, occupation or profession within the city limits. Business tax means the same as "occupational license fee".

Certificate of use: Shall mean the method by which the city grants approval for a business to occupy any office, or commercial building; or by which the city grants approval for the operation of a rental unit.

Charitable institutions: Only nonprofit corporations with Internal Revenue Service Classification of 501, C, 3, operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay.

Coin operated device: Is defined a machine apparatus or device which upon the insertion of coins greater in denomination than one cent ($0.01) or upon insertion of a trade token, ticket, or slug operates or may be operated as:

(a)

A game or a contest of skill or an amusement which contains no automatic payoff device for the return of a trade token, ticket, or slug or which makes no provision whatever for the return of money to the player.

(b)

A game or contest of skill amusement wherein or whereby the player initiates employs or directs any force generated by the machine, apparatus, or device.

(c)

A machine vending recorded music or a period of radio, television, or movie entertainment.

(d)

A machine where the only incentive to operate is to procure or receive merchandise or services of reasonable value.

Contractor: Is defined as any person who is required to be certified registered, or licensed by the State of Florida pursuant to Chapter 489, F.S. prior to engaging in the businesses regulated.

Game room: A facility wherein more than eight (8) amusement vending machines or other amusement devices are located for public use.

Home occupation: Any lawful use conducted entirely within a dwelling and carried on by an occupant(s) thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the residential character thereof.

Inventory value: Shall include all items commonly referred to as goods, wares, merchandise and inventory which are held for sale, rental, or lease to others in the ordinary course of business including inventory located in the sales area together with warehouse stock stored within the city limits. Annual inventory value shall mean the dollar value of a business's ending inventory as of the end of the most recent completed fiscal year prior to March 31 of the current calendar year, calculated as follows: (1) the dollar value, at cost, of inventory on hand as of the beginning of the most recent completed fiscal year prior to March 31 of the current calendar year, plus (2) the dollar value, at cost, of inventory purchases made during the same fiscal year, and minus (3) the dollar valve, at cost, of inventory out during the same fiscal year. The ending amount will be the dollar value of annual inventory, which shall be reported for determination of the business tax. A new business shall be based on the value of the opening inventory.

Itinerant or transient intrastate photographer: Is defined as on who does not regularly maintain his studio or place of business in the City of Cocoa Beach where the work of photographing, enlarging, copying, or coloring is conducted.

Merchant: A business engaged in the activity of selling, trading, or bartering permanent tangible personal property at a permanent location and operating out of a permanent structure. The business tax for each business to be determined by the inventory value.

New business inspection: Shall mean the inspection made at the location(s) or premises in which business, profession, occupation, trade, amusement or industry is conducted. The inspection is to ensure continued compliance with all zoning regulations, life safety code requirements, proper tenant separations, all applicable city, county and state regulations, and representations made to the city when applying for land use of zoning approval.

Occupational license: A tax levied on each business, occupation, or profession for the privilege of engaging in or managing any business, occupation, or profession within the city limits.

Peddlers and hawker: Defined as every person who shall sell or offer for sale at wholesale, retail or on a commission, merchandise or fruit or vegetables traveling from place to place along or upon the streets or alleys of the city, or at the doors of houses, apartments, or stores, or who shall offer for sale or sell or deliver immediately from wagon, pushcart, other vehicle, or stand, shall for the purposes of this section, be deemed a peddler or hawker.

Permanent structure: Any facility permanently affixed to the ground, having an identifiable address, serviced by city utilities and operating, more or less, on a day to day basis in the conduct of a trade or business will require an occupational license.

Person: Any individual, firm, partnership, joint adventure, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, trustee, executor, administrator, receiver, or other fiduciary.

Portable business structure: Any facility that is made immobile by being affixed to the ground by the use of bolts, wires, stakes or other means, this type of facility may or may not be serviced by city utilities, and which is used, more or less, on day to day basis in the conduct of a trade or business. However, form time to time; may exhibit an irregular or periodic operating character. This type of facility will require an occupational license.

Professional: Shall mean any person engaged in any business occupation or profession required to maintain an active and/or valid State of Florida, Department of Business and Professional Regulation, Florida Bar or Agency for Health Care Administration regulatory license, permit or certificate.

Rental unit: For the purposes of this article, rental unit shall be construed to mean and include apartments, hotels, motel, motor courts, cottages, cabins, convalescent homes, rooms, mobile home parks, townhouses, houses, bed and breakfast inns, timeshares, residential condominiums, or other such units as may be rented or leased by the day, week, month, year or longer.

Temporary business license: Shall mean a temporary permit to do business in a temporary business structure, which is intended to operate alone not in support of any event or activity, for a period of thirty (30) days or less.

Temporary business structure: A facility that is movable in the sense that it is not secured to the ground by any means, (other than by guys/straps intended to prevent tipping or other inadvertent movement). That is not serviced by city utilities, and whose intended use in trade or commerce is for the support of, or participation in short-term time specific activities or projects of generally five (5) days or less. Subsequent to this five-day or less period, the structure would be removed. It is not used to traverse form place to place within the event site or elsewhere in the city. This type of facility requires a temporary business permit.

(Ord. No. 1345, § 1, 9-5-2002; Ord. No. 1501, § 4, 1-7-2010)