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Owner To Be Fined If Santa Appears Outside Store

Posted: 5:03 pm EST November 21, 2008Updated: 7:33 am EST November 24, 2008

Starting Monday, a Daytona Beach store owner will be fined if Santa appears outside of her business. So long Santa! The jolly old elf has been banned from a Daytona Beach street.

Daytona Beach code enforcement officials are kicking Santa off a city sidewalk and have sent the store owner who put him there a warning.

"I don't understand why they would do that, I want Santa on the street!" said one resident as she hugged Santa.

The live Santa Claus has been a fixture on Beach Street for several years. He hands out candy canes outside of Sheila LaBosco's store. He bellowed, "Ho, Ho, Ho" but code enforcement said, "No, No, No."

"They came in and said, 'We're gonna cite you for having Santa on the street,'" said LaBosco.

"That's unacceptable," said shopper Leslie Neese. "Santa is part of Christmas and he's been out there for seven years now taking pictures with children."

A city spokesperson said a review of article 18 of the city code considers Santa an animated sign and officials say LaBosco is "exploiting Santa Clause."

City code officials said making an exception for Santa would not be fair to other businesses as officials consider Santa a form of solicitation, just like someone waving a sign.

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