Pasco County |
Code of Ordinances |
Chapter 102. TAXATION |
Article II. OCCUPATIONAL LICENSE TAX |
Division 1. GENERALLY |
§ 102-52. Exemptions allowed disabled veterans of any war or their unremarried spouses.
(a)
Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in F.S. § 1.01(14) in the armed forces of the United States, national guard or United States coast guard or coast guard reserve or any temporary member thereof who has actually been or may be reassigned by the air force, army, navy, coast guard or marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States and who at the time of application for an occupational license as mentioned in this section shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state, and production of an honorable discharge from the service of the United States, be:
(1)
Granted a license to engage in any business or occupation which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the county license does not exceed the sum of $50.00 for each without payment of any license tax otherwise provided for by law; or
(2)
Entitled to an exemption to the extent of $50.00 on any license to engage in any business or occupation which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the county license for such business or occupation shall be more than $50.00. The exemption referred to in this subsection shall extend to and include the right of licensee to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee and is being operated by the licensee as a means of livelihood and that the proper license tax for the operation of such motor vehicle for private use has been applied for and attached to the motor vehicle and the proper fees therefor paid by the licensee.
(b)
When any such person shall apply for a license to conduct any business or occupation for which either the county license tax shall exceed the sum of $50.00, the remainder of such license tax in excess of $50.00 shall be paid by him in cash.
(c)
The tax collector shall issue to such persons as may be entitled under this section a license pursuant to this section and subject to the conditions thereof. Such license when issued shall be marked across the face thereof "Veterans Exempt License—Not Transferable." Before issuing the license, proof shall be duly made in each case that the applicant is entitled under the conditions of this section to receive such exemption. The proof may be made by establishing to the satisfaction of such tax collector by means of certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting the following:
(1)
A certificate of government-rated disability to an extent of ten percent or more;
(2)
The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood;
(3)
The certificate of the veteran's service officer of the county in which applicant lives, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license within the meaning and intent of this section;
(4)
A pension certificate issued to him by the United States because of such disability; or
(5)
Such other reasonable proof as may be required by the tax collector to establish the fact that such applicant is so disabled.
(d)
All licenses issued under this section shall be in the same general form as other county licenses and shall expire at the same time as such other licenses are fixed to expire.
(e)
All licenses obtained under this section by the commission of fraud upon any issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such license or who has fraudulently received any transfer of a license issued to another and has thereafter engaged in any business or occupation requiring a license under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required license. Such license shall not be issued in any county other than the county wherein the veteran is a bona fide resident citizen elector, unless such veteran applying therefor shall produce to the tax collector a certificate of the tax collector of his home county to the effect that no exemption from license has been granted to such veteran in his home county under the authority of this section.
(f)
No person, veteran or otherwise, shall be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages.
(g)
The unremarried spouse of the deceased disabled veteran of any war in which the United States armed forces participated will be entitled to the same exemptions as the disabled veteran.
(Code 1970, § 16½-10(b), (i); Ord. No. 75-06, § 10, 2-25-75)
State law reference
Similar provisions, F.S. § 205.171.