G:\Zoning 2009\Forms and Sample documents\Website Documents\BTR\Applications\ holiday_sales_app.pdf Modified: 10.23.2012
City of Pompano Beach
Department of Development Services
Business Tax Receipt Division
100 W. Atlantic Blvd Pompano Beach, FL 33060
Temporary Holiday Sales Vendor
Phone: 954.786.4668 / 954.786.4633 Fax: 954.786.4666
Application for BTR
Name of Business _________________________________________ Date______________________
Location of Business ________________________________________________________________________________
(Address)
Holiday Item(s) offered for Sale _______________________________________________________________________
__________________________________________________________________________________________________
Date of Holiday Sales: from ____________________________ ___ to ________________________________ ___
(Month) (Day) (Year) (Month) (Day) (Year)
Name of On-Site Manager or Supervisor _________________________________________________________________
Address ___________________________________________________________________________________________
Contact Telephone Number (_____) _____________ Florida Sales Tax Number ________________________
STATE OF FLORIDA
COUNTY OF BROWARD
I, ___________________________ hereby certify the above information to be true and correct and that I have
(Print name)
received, and understand the requirements as outlined in section 113.40 of the City Code of Ordinances.
__________________________________________________
SIGNATURE
Notary Public Notary Public, State of Florida
Seal of Office ___________________________________
(Print Name of Notary Public)
_______ Personally Known
_______ Produced Identification
Type of identification produced:
___________________________________
FOR STAFF USE ONLY (DO NOT WRITE BELOW THIS LINE)
Zoning Official (sign): Zoning Official (print):
Date:
Fire Department Official (sign): Fire Department Official (print):
Date:
Risk Manager Official (sign) Risk Manager Official (print) (approving Public
Liability Insurance):
Date:
Business Tax Official (sign): Business Tax Official (print):
Date:
G:\Zoning 2009\Forms and Sample documents\Website Documents\BTR\Applications\ holiday_sales_app.pdf Modified: 10.23.2012
ALL APPLICATIONS MUST INCLUDE THE FOLLOWING:
1. Written notarized letter of authorization from the property owner or authorized agent.
2. Site plan showing location of any existing and/or proposed structures, customer parking areas and customer
access to the property.
3. Sketch showing placement of any proposed holiday sale sign on the property.
4. A $1,000 performance bond in the form of a money order or cashiers check. (no personal or business checks
will be accepted)
5. A completed application of the Business Tax Receipt.
6. Vendors of pyrotechnical items who are required to be registered with the Division of State Fire Marshal of
the Department of Insurance under F.S. chapter 791 need to submit proof of a completed registration. Proof
of a registration shall be submitted prior to issuance of the business tax receipt AND proof of public liability
insurance of not less than $300,000 which names the City of Pompano Beach as an additional insured and
issued by an insurance company authorized by the Florida Department of Insurance to do business in the state
of Florida.
Excerpt from the City of Pompano Beach Code of Ordinance
full code available online at www.amlegal.com
§ 113.40 TEMPORARY HOLIDAY SALES VENDORS.
It shall be unlawful in the city for any person, firm, corporation, business or enterprise to sell, dispense, offer
for sale, or distribute any item or items from other than within an enclosed building except as permitted in
commercial zoning districts and as follows:
(A) A business tax receipt for the sale of retail merchandise out-of-doors will be issued only for items sold
in connection with the following holidays:
(1) Independence Day (July 4) and New Year’s Eve (December 31) for state approved pyrotechnical
items, (sparklers);
(2) Halloween for pumpkins and related items such as, but not limited to, Indian corn and gourds
(October 31); and
(3) Christmas for Christmas trees and related items such as, but not limited to, stands, bags, bows and
wreaths (December 25).
(B) Any business tax receipt issued for sales permitted under this section shall be valid only for a
temporary period of time, as prescribed below:
(1) A maximum of 10 days preceding the Fourth of July or New Year’s Eve;
(2) A maximum of 30 days preceding Halloween; and
(3) From Thanksgiving Day through December 26th.
(C) Prior to receipt of a business tax receipt an applicant shall comply with all of the following:
(1) An applicant shall file with the Zoning Division, a performance bond or similar security acceptable
to the city, naming the city as beneficiary, in the sum of $1,000, executed by the applicant as principal, and a
surety company authorized to do business in the state and on the list of the United State Treasury. The
conditions of such security shall be that:
(a) The applicant shall comply fully with the provisions of the City Code of Ordinances and any and
all applicable laws of the county, state and the United States regarding the sale of goods as approved with a
business tax receipt;
(b) The applicant shall pay all judgments rendered against said applicant for any violation of said
ordinances and statutes;
G:\Zoning 2009\Forms and Sample documents\Website Documents\BTR\Applications\ holiday_sales_app.pdf Modified: 10.23.2012
(c) The applicant shall pay all judgments and costs that may be recovered against applicant by any
persons for damage from any misrepresentation or deceptive practice during the transaction of such business;
and
(d) The applicant shall restore the approved location for the issued business tax receipt to its presale
condition.
(2) The applicant for a business tax receipt allowing the sale of pyrotechnical items shall submit proof
of public liability insurance in a coverage amount of no less than $300,000, at each sales location which names
the City of Pompano Beach as an additional insured and is issued by an insurance company authorized by the
Florida Department of Insurance to do business in this state. The policy must be approved by the city Risk
Management Director;
(3) A written, sworn application, signed by the applicant, shall be filed with the Zoning Division at
least 30 days prior to the commencement of the appropriate holiday period, as provided in subsection (B)
hereof, showing:
(a) The name or names of the person or persons responsible for the management or supervision of
the applicant’s business during the time that the activities will be conducted in the city; the local address of such
person or persons while engaged in such business; the permanent address or addresses of such person or
persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or
otherwise); the name and address of the person, firm or corporation for whose account the business will be
carried on, if any; and if a corporation, under the laws of what state the same is incorporated and the name and
address of its registered resident agent in this state;
(b) The proposed place or places in the city where applicant’s business will be conducted and length
of time said business will be conducted;
(c) A statement of the nature, character and quality of the goods to be sold or offered for sale by the
applicant in the city;
(d) Proof of a state sales tax number;
(e) For vendors of pyrotechnical items who are required to register with the Division of State Fire
Marshal of the Department of Insurance under F.S. Ch. 791, proof of a completed registration form. Proof of
actual registration shall be submitted prior to issuance of the business tax receipt;
(f) A written notarized statement from the owner of the property, or an authorized agent of the
owner, authorizing the location of the temporary holiday sales vendor on the property; and
(g) A sketch showing the exact location of the vendor.
(4) The business tax receipt issued under this section shall be posted conspicuously in the place of
business named therein. In the event that such person or persons applying for said business tax receipt shall
desire to do business in more than one location within the city, separate business tax receipts shall be issued for
each location of business, and shall be posted conspicuously in each place of business.
(D) No business tax receipt holder shall be issued more than ten business tax receipts. For the purpose of
this subsection, business tax receipt holders shall be deemed the same if any one principal in the legal entity
under which the business tax receipt holder is operating is identical, regardless of the structure of the legal
entity.
(E) No business tax receipt shall be transferred without written consent from the Development Services
Director or designee of the city, as evidenced by an endorsement on the face of the business tax receipt by the
Development Services Director or designee showing to whom the business tax receipt is transferred and the date
of transfer. The transferee of a business tax receipt shall meet and be subject to all requirements set forth herein
for the original business tax receipt holder.
G:\Zoning 2009\Forms and Sample documents\Website Documents\BTR\Applications\ holiday_sales_app.pdf Modified: 10.23.2012
(F) No business tax receipt for the sale of pyrotechnical items may be issued unless such items may be
lawfully sold under F.S. Ch. 791.
(G) Locations for sales of merchandise with an approved business tax receipt under this section are subject
to the following restrictions:
(1) Pyrotechnical items may only be sold at locations within a commercial zoning district. Such sales
shall not be permitted to be made from areas located within 50 feet from:
(a) Any fuel storage facility of any kind; or
(b) Any area required to provide parking in connection with a restaurant or lounge.
(2) Pyrotechnical items may be sold only if each sales location has been approved by the Fire
Department.
(3) Halloween and Christmas items may only be sold at locations lying within any commercial zoning
district or from areas immediately adjacent and utilized in conjunction with the commercially zoned property, as
well as from any property owned by a non-profit organization or institution.
(4) A maximum of one four-foot by eight-foot sign for each location may be displayed in connection
with such sales.
(5) There shall be a minimum 1,500 feet between any two locations approved for a business tax receipt
under this section; however, retail stores with over 20,000 square feet of floor area are exempt from this
requirement; nor shall a temporary holiday sales vendor be required to locate at least 1,500 feet from such an
establishment. For purposes of determining which business tax receipt application of two or more applications
proposing sites within 1,500 feet of one another shall be approved, the date and time that each completed
application is received by the city shall determine the priority, with the earliest completed application receiving
the highest priority. For the purposes of this section, a site duly approved for the previous year and which
complied with all applicable regulations shall be considered to be the earliest completed application.
(6) At any given location approved for a business tax receipt under this section, there shall be a
maximum of one temporary holiday sales vendor.
(H) The sale of any merchandise by any holiday sales vendor as specified in this section without a
business tax receipt as provided in this chapter is unlawful. Violation of this section shall be punishable as
provided in F.S. Ch. 162, as currently enacted or as may be amended from time to time, or by any other means
authorized by law.
(I) In the event that the provisions set forth above should conflict with any other provisions of the City
Code of Ordinances, the provisions set forth herein shall prevail.
(Ord. 91-56, passed 6-4-91; Am. Ord. 2000-23, passed 11-23-99; Am. Ord. 2007-57, passed 7-10-07; Am. Ord.
2010-02, passed 10-27-09)
Excerpt from the City of Pompano Beach Code of Ordinance
full code available online at www.amlegal.com