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19961126 1996-18 ORDINANCE NO. 1996 - 18 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING LICENSES 1. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 12 of the Code of the City of Fairfax, Virginia is hereby amended to read, in its entirety, as follows: Chapter 12 LICENSES Article I. In General Sec. 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Affiliated group. "Affiliated group" means: (a) One or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if: (1) stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one or more of the other corporations subject to inclusion; and (2) the common parent corporation directly owns stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of at least one of the other subject to inclusion corporations. As used in this subdivision, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends; the phrase "corporation subject to inclusion,, means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income. (b) Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing: (1) at least eighty percent of the total combined voting power of all classes of stock entitled to vote or at least eighty percent of the total value of shares of all classes of the stock of each corporation; and (2) more than fifty percent of the total combined voting of all classes of stock entitled to vote or more than fifty percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. 1996-18 -2 When one or more of the corporations subject to inclusion, including the common parent corporation is a nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context. Amusement operator. "Amusement operator', means any person, leasing, renting or otherwise furnishing or providing a coin- operated amusement machine in the city; however, the term "amusement operator,' shall not include a person owning less than three such machines and operating such machines on property owned or leased by such person. Assessment. "Assessment', means a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the commissioner of the revenue or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by the commissioner of the revenue when a written notice of assessment is delivered to the taxpayer by the commissioner of the revenue or an employee of the commissioner of the revenue, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax, as the case may be. Base year. "Base year" means the calendar year immediately preceding the license year, except for contractors subject to the provisions of section 58.1-3715 of the Code of Virginia. Bondsman. "Bondsman" means any person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety. Business. "Business" means a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (a) advertising or otherwise holding oneself out to the public as being engaged in a particular business or (b) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. Business service. "Business service" means any service rendered for compensation to any business, trade, occupation or governmental agency, unless the service is specifically provided for under another section of this chapter. City. "City" or "city" means the City of Fairfax, Virginia. Carnival. "Carnival" means an aggregation of shows, amusements, concessions, eating places and riding devices or any of them, operated together on one lot or street or on contiguous lots or streets, moving from place to place, whether or not the same are owned and actually operated by separate persons, firms or corporations. The term includes, but is not limited to, sideshows, dog and pony shows, trained animal shows, circuses and menageries. 1996-18 -3 Commission merchant. "Commission merchant,, means any person engaged in the business of selling merchandise on commission by sample, circular, or catalogue for a regularly established retailer, who has no stock or inventory under his control other than floor samples held for demonstration or sale and owned by the principal retailer. For purposes of this chapter, a commission merchant is engaged in a business service. Commonwealth. Virginia. "Commonwealth,, means the Commonwealth of Contractor. "Contractor,, means any person: (a) accepting or offering to accept orders or contracts for doing any work on or in any building or structure, requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other building material; (b) accepting or offering to accept contracts to do any paving, curbing or other work on sidewalks, streets, alleys or highways, or public or private property, using asphalt, brick, stone, cement, concrete, wood or any composition; (c) accepting or offering to accept an order for or contract to excavate earth, rock or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of-way; (d) accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra-cotta or other material; (e) accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing, or maintaining electric wiring, devices or appliances permanently connected to such wiring, or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; or (f) engaging in the business of plumbing and steam fitting. Definite place of business. "Definite place of business" means an office or a location at which occurs a regular and continuous course of dealing for thirty consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant. Department. "Department" means the Virginia Department of Taxation. 1996-18 -4 Direct seller. "Direct seller" means any person who engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales- oriented services, rather than to the number of hours worked; and performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes. Federally aDpropriated funds. "Federally appropriated funds" means identifiable federal appropriations for research and development services as defined in § 31.205-18(a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences. Federal research and development contract. "Federal researck and development contract" means a contract for research and development services as defined in § 31.205-18(a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences. Federal research and development contractor. "Federal research and development contractor" means any person designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in § 31.205-18(a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences. Financial services. "Financial services" means the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments. Fortune-teller. "Fortune-teller" means any person who, for compensation, shall pretend to tell fortunes, assume to act as a clairvoyant, or to practice palmistry or phrenology. Gross receipts. "Gross receipts" means the whole, entire, total receipts without deduction, received from or attributable to any business, profession, trade, occupation, vocation, calling or activity including cash, credits, fees, commissions, brokerage charges and rentals, and property of any kind, nature or description from either sales made or services rendered at any location without any deduction therefrom on account of cost of the property sold, the cost of materials, labor or services, rentals, royalties, taxes or interest paid or any expense whatsoever, and shall include in the case of merchants the amount of the sale price of supplies and goods furnished to or used by the licensee or his family or other person for which no charge is made or for which a charge less than the prevailing sale price is made. 1996-18 -5 The term "gross receipts,, shall include the total gross receipts from all sales made, services rendered or activities conducted by any business at a definite place of business in the City, both to persons residing within the City and to persons residing outside the City. The term "gross receipts,, shall include in every instance, regardless of whether the liable person or business is a resident or nonresident of the City, an amount not less than that attributable to the sales, services or activities performed or conducted at a definite place of business within the City, irre- spective of the location in which such gross receipts are actually or constructively received. The calculation of "gross receipts', for license tax purposes shall be on either a cash or accrual basis; provided, however, that the basis used must coincide with the system of accounts used by the taxpayer and the method employed by the taxpayer for federal and state income tax purposes. For the purposes of computing tax under this chapter, gross receipts may be reported to the nearest one hundred dollars ($100.00). Gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business. The following items shall be excluded from gross receipts: (a) amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels; (b) any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business); (c) any amount representing returns and allowances granted by the business to its customer; (d) receipts which are the proceeds transaction in which the licensee is the obligor; of a loan (e) receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset; (f) rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive; (g) withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory whether or not a gain or loss is recognized for federal income tax purposes; 1996-18 -6 (h) investment income not directly related to the privilege exercised by a business subject to licensure not classified as rendering financial services. This exc ' ap~ly to interest on bank accoun~ ~ ..... luslon shall ' · - ~o ~ ~ne business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business; (i) the license and admission taxes established under sections 59.1-392 and 59.1-393 respectively, of the Code of Virginia; ' (J) pari-mutual wagering pools as established under section 59.1-392 of the Code of Virginia; (k) with respect to real estate brokers, amounts received by any such broker which arise from real estate sales transactions to the extent that such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the business license tax on such receipts. The broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the jurisdiction in the Commonwealth to which the agent is subject to business license taxes; (1) with respect to a motor vehicle dealer who accepts a trade-in as part of a sale of a motor vehicle, the amount of the trade-in; (m) dues collected by trade, business, professional, service'or civic associations or other similar organizations; (n) income which is exempt from the federal income tax pursuant to Internal Revenue Code section 501(c) (6). The preceding exclusion pertaining to organizations which are exempt from the federal income tax pursuant to Internal Revenue Code sectic 501(c) (6) shall not exempt unrelated business income received by those organizations which is taxable pursuant to Internal Revenue Code section 501(b); and (o) with respect to wholesale and retail dealers in petroleum products on which the Commonwealth levies a motor fuel tax, tax payments to the Commonwealth. The following shall be deducted from gross receipts or gross ss that would otherwise be taxable: 1. any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation; 1996-18 2. any receipts attributable to business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income; and 3. in the case of licenses under section 12-32, the licensees shall be permitted to claim as a deduction the amount of salaries paid to any person employed by them who is duly licensed in the same profession under such section. Health club. "Health club" means and includes any person, firm, corporation, organization, club or association engaged in the sale of memberships in a program of physical exercise, which includes the use of one or more of a sauna, whirlpool, weight- lifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weight-lifting room, massage, steam room or exercising machine or device. Itinerant merchant. "Itinerant Merchant" means any person who engages in, does, or transacts any temporary or transient business in any county, city or town and who, for the purpose of carrying on such business, occupies any location for a period of less than one year. The term "itinerant merchant" shall not apply to a peddler at wholesale or to those who sell or offer for-sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale. License year. which a license is business. "License year" means the calendar year for issued for the privilege of engaging in Peddler. "Peddler" means any person who shall carry from place to place any goods, wares or merchandise and offer to sell or barter the same, or actually sells or barters the same. The term "peddler" shall not apply to a peddler at wholesale or to those who sell or offer for-sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale. Peddler at wholesale. "Peddler at wholesale" means any person, firm or corporation who or which sells or offers to sell goods, wares or merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the time of such sale or exposure for sale delivers or offers to deliver, the goods, wares or merchandise to the buyer. For this purpose, any delivery made on the day of sale shall be construed as a delivery at the time of sale. Person. "Person" includes individuals, firms, partnerships, corporations, companies, limited liability companies, associations, joint stock associations, and combinations of the foregoing of whatever form or character, and it shall include any trustee, receiver, assignee or personal representative thereof carrying on or continuing a business, profession, trade or occupation, but shall not include a trustee, receiver or other representative duly appointed by a court to liquidate assets for immediate distribu- tion, or a sergeant or a sheriff, or any deputy, selling under authority of process or writ of a court of competent jurisdiction. 1996-18 Personal service. "Personal service" means any service rendered for compensation either upon or for persons, animals or personal effects, unless the service is specifically provided for under another section of this chapter. Photographer. "Photographer" means any person having no regularly established place of business in the Commonwealth who provides services consisting of the taking of pictures or the making of pictorial reproductions in the Commonwealth. "Photographer" shall also include every employee, agent or canvasser for such photographer. The term "photographer" shall not apply to (a) amateur photographers who expose, develop and finish their own work and who do not receive compensation for such work or receive compensation for performing any of the processes of photog- raphy; (b) coin-operated photography machines; or (c) photographers providing service in the course of their employment by newspapers, magazines or television stations. Professional services. "Professional services" means services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Department of Taxation may list in the Guidelines for Business, Professional, and Occupational License Tax promulgated pursuant to section 58.1-3701 of the Code of Virginia. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit. Purchases. "Purchases" means all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture. Real estate services. "Real estate services" means providing a service with respect to the purchase, sale, lease, rental, or appraisal of real property. Repair service. "Repair service" means the repairing, renovating, cleaning or servicing of some article or item of personal property for compensation, unless the service is specifically provided for under another section of this chapter. Any person conducting a repair service occupation in conjunction with a retail merchant's business may combine gross receipts for such repair occupation with the gross receipts from the retail merchant's business. Retail merchant or retailer. "Retail merchant" or "retailer" means any person who makes retail sales. The fact that a person sells goods, wares or merchandise at wholesale prices, at cost or at less than cost, does not prevent the person from being classified as a retail merchant if the sales fall within the definition of a retail sale. Any person engaged in the short-term rental business as defined in section 58.1-3510 of the Code of Virginia shall be classified in the category of retail merchant for license tax rate purposes. 1996-18 -9 Retail sale. "Retail sale" means a sale of goods, wares and merchandise for use or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include sales at wholesale to institutional, commercial and industrial users which are classified as wholesale sales. The sales price alone is not determinative of whether a sale is at retail or wholesale. Tax commissioner. "Tax commissioner" means the chief executive officer of the Virginia Department of Taxation. Wholesale merchant or wholesaler. "Wholesale merchant" or "wholesaler" means any person who makes wholesale sales. Wholesale sale. "Wholesale sale" means a sale of goods, wares and merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods for sale, and also includes sales to institutional, commercial, industrial and governmental users which, because of the facts and circumstances surrounding the sales, such as the quantity, price, or other terms, indicate that they are consistent with sales at wholesale. Within the city; in the city. "Within the city" or "in the city" means within the corporate limits of the city. Sec. 12-2. License taxes; levied; classification waiver for receipts applied to charitable or civic purposes. conflicts; religious, (a) For each license year, there are hereby levied and there shall be assessed and collected the annual license taxes set forth in this chapter, except as otherwise specifically provided in this chapter, on persons conducting or engaging in any business, trade, profession, occupation or calling in the city set forth in this chapter. (b) Wherever specific classifications are licensed under article II, division 2, the general classifications under article II, division 1 shall not apply. (c) Ail of the taxes imposed by this chapter are in all cases imposed for the privilege of doing business or pursuing a trade, employment, profession, occupation or calling in the city, including all phases of the business, trade, employment, profession, occupation or calling conducted in the city. (d) The license tax which might be imposed upon any activity, the net receipts of which are applied or donated to a religious, charitable or civic purpose, may be waived by the city council or by such other city official as the City council may designate. Sec. 12-3. Reserved. Sec. 12-4. License taxes not applicable to person having gross receipts of eighteen hundred dollars or less per year. Except as specifically provided in section 58.1-3706 of the Code of Virginia, no license tax shall be imposed on any person whose gross receipts for the immediately preceding year from a business, profession or occupation subject to licensure are less than eighteen hundred dollars ($1,800.00.) 1996-18 - 10 Sec. 12-5. Proration of license taxes. In the event a person ceases to engage in a business, trade, profession, or calling within the city during a year for which a license tax based on gross receipts has been paid, the taxpayer shall be entitled upon application to a refund for that portion of the license tax already paid, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the city. The commissioner of revenue may remit any refunds in the ensuing fiscal year, and may offset against such refund any amount of past-due taxes owed by the same person. In no event shall the city be required to refund any part of a flat fee or minimum flat tax. Sec. 12-6. License required; application for license; extensions of time to file application for license; corrections to application for license. (a) Every person shall apply for and obtain a license for each business, trade, profession, occupation or calling when engaging in a business in the city if (i) the person has a definite place of business in the city; (ii) the person has no definite place of business anywhere and the person resides in the city; or (iii) the persona has no definite place of business in the city but the person operates amusement machines or is classified as an itinerant merchant, peddler, carnival, circus, contractor subject to section 58.1-3715 of the Code of Virginia, or public service corporation. (b) Each person subject to a license tax shall apply for a license prior to beginning business if such person was not subject to licensure in the City on or before January 1 of the license year, or no later than January 31 of the license year if such person had been issued a license for the preceding year. The application shall be on forms prescribed and furnished in duplicate by the commissioner of the revenue. Such forms shall be accurately and fully completed and executed by the applicant and shall contain such information as may be required by the commissioner of the revenue. (c) The commissioner of the revenue may grant an extension of time in which to file an application for a license, for reasonable cause. The extension may be conditioned upon the timely payment of a reasonable estimate of the appropriate license tax; the license tax is then subject to adjustment to the correct tax at the end of the extension, together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, with a penalty of ten percent of the portion paid after the due date. (d) Persons renewing licenses based on gross receipts, as herein provided, shall be allowed to correct, without penalty, any application for license originally submitted within the prescribed time; provided, that any increase in tax due under this chapter is paid prior to May 1 of the year involved; and provided, further, that the correction does not involve an increase in tax due under this chapter in excess of ten percent of the tax originally paid. Sec. 12-7. Each location to be separately licensed; multiple licenses may be combined. m 1996-18 -1 1 (a) A separate license shall be required, and a separate and license tax, if applicable, shall be paid, for each definite place of business and for each business. (b) A person engaged in two or more businesses, trades, employments, professions, occupations or callings carried on at the same place of business may elect to obtain one license for all such businesses, trades, employments, professions, occupations and callings if all of the following criteria are satisfied: (i) each business, trade, employment, profession, occupation or calling is subject to licensure at the location and has satisfied any requirements imposed by state law or other provisions of the ordinances of the city; (ii) all of the businesses, trades, employments, professions, occupations and callings are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses, trades, employments, professions, occupations and callings at the highest rate applicable to any of them; and (iii) the taxpayer agrees to supply such information as the commissioner of the revenue may require concerning the nature of the several businesses, trades, employments, professions, occupations and callings and their gross receipts. Sec. 12-8. Payment of certain delinquent taxes before issuance of business license. No license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, personal property, meals, transient occupancy, and admissions taxes owed by the business to the city have been paid which have been properly assessed against the applicant by the city. Sec. 12-9. Failure to obtain license unlawful; penalties. (a) It shall be unlawful for any person to conduct or engage in any business, trade, employment, profession, occupation or calling in the city for which a license is required by this chapter without first obtaining from the city the license required by this chapter. Except as otherwise provided herein, any person violating this section shall, upon conviction thereof, be guilty of a class 1 misdemeanor. Any person who engages in a business in the city without obtaining a license, or after being refused a license, shall not be relieved of the tax imposed by this chapter. (b) It shall be unlawful for any person to engage in business in the city as a fortune-teller without the license required by this chapter. Any person violating this subsection shall, upon conviction thereof, be guilty of a class 3 misdemeanor. (c) It shall be unlawful for any person to exhibit or give a performance or exhibition in the city of any show, carnival or circus without the license required by this chapter. Any person violating this subsection shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $500 for each offense. Sec. 12-10. Assessment of license tax. (a) The commissioner of the revenue shall assess such applicant or other person of whom a license is required with the 1996-18 -12 license tax required by this chapter, and any penalty in connection therewith, and shall retain one copy of the license applicatior form. (b) Computation of annual license taxes based upon gross receipts for persons continuing the operation of a business, profession, trade or occupation which has existed within the city for at least one full calendar year shall be based upon the gross receipts from the preceding calendar year except as otherwise provided herein. Sec. 12-11. Omitted license taxes. If the commissioner of the revenue ascertains that any person subject to a license tax under this chapter has not been assessed with such tax for any license tax year of the three (3) immediately preceding, or that such tax has been assessed at less than the law required for any one or more of such years, so that such tax for any cause has not been collected by the city, it shall be the duty of the commissioner of the revenue to assess such person with the proper license tax for the year or years omitted, adding thereto penalty and interest in accordance with section 12-22 of this chapter. Sec. 12-12. Erroneous assessments; refund. The commissioner of the revenue is empowered to certify to the city treasurer any instances of erroneous assessments. Upon receipt of such certificate, the city treasurer is directed to make a refund based upon the certification of the commissioner of the revenue. Sec. 12-13. Licenses to be signed by commissioner of the revenue. No license shall be valid unless payment of the license fee and tax have been received by the city and the license has been signed by the commissioner of the revenue. Sec. 12-14. Nontransferability of licenses. Licenses issued under this chapter shall not be transferable. Sec. 12-15. When license taxes payable. (a) The license tax shall be paid with the application in the case of any license not based on gross receipts. If the license tax is measured by the gross receipts of the business, the tax shall be paid on or before January 31 or, in the case of a person first beginning business in the city, within thirty days after beginning business. (b) In the case of omitted license taxes assessed under section 12-11, such taxes, together with penalty and interest thereon, shall be due and payable thirty (30) days after the day of assessment. If not paid by such date, interest shall accrue thereon at the maximum rate permitted by applicable law. 1996-18 -13 Sec. 12-16. Additional charges for returned check. A fee of ten dollars ($10.00) shall be charged for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due which is subsequently returned for insufficient funds or because there is no account or the account has been closed. Such fee shall be collected by the city treasurer. Sec. 12-17. Computation of tax for persons beginning business; residents. (a) Every person beginning a business, profession, trade, occupation or calling which is subject to a license tax under the provisions of this chapter and is based in whole or in part on gross receipts shall estimate the amount of the gross receipts the person will incur between the date of beginning business and the end of the then current license year, and the person's license tax for the then current year shall be computed on such estimate. (b) Whenever a license tax is so computed on the estimated gross receipts, any inaccurate estimate shall be subject to correction and the commissioner of the revenue shall assess such person with any additional license tax found to be due after the end of that license year, adding thereto any penalty that may be applicable as provided for in section 12-22; and shall, at the same time, correct the estimate for the then current license year until a full year of operation shall have been completed. In case of an overestimate, the taxpayer shall be entitled to a credit upon his license tax payable the following year. Sec. 12-18. Calculation of gross receipts. The calculation of gross receipts for license tax purposes shall be on either the cash or accrual method; provided, however, that the method used must coincide with the method of accounting used for federal and state income tax purposes. The base year's gross receipts may be either the calendar year immediately preceding the license year or the immediately preceding fiscal year used by the business, provided that the year employed must coincide with the year used for federal and state income tax purposes. Sec. 12-19. Situs of gross receipts; apportionment; agreements. (a) Except as otherwise provided by law and except as to public service corporations, the situs for the local license taxation for any business, profession, trade, occupation or calling subject to licensure, shall be the county, city or town in which the person so engaged has a definite place of business. If any such person has a definite place of business in any other locality, then such other locality may impose a license tax on him, provided such other locality is otherwise authorized to impose a local license tax with respect thereto. (b) Where a local license tax imposed by the city is measured by volume, the volume on which the tax may be computed shall be the volume attributable to all definite places of business of the business, profession, trade, occupation or calling in the city. All volume attributable to any definite places of business of the business, profession, trade, occupation or calling in any other locality shall be deductible from the base in computing any local 1996-18 -14 license tax measured by volume imposed by the city. The word "volume," as used in this subsection, means gross receipts, sales, purchases, or other base for measuring a license tax which is related to the amount of business done. (c) Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a privilege subject to licensure at a definite place of business within the city. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows: (1) the gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of section 58.1-3715 of the Code of Virginia; (2) the gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in two or more localities and who is subject to multiple taxation because the localities use different measures, may apply to the Department of Taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality; (3) the gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then to the definite place of business at which the rental of such property is managed; (4) the gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then to the definite place of business from which the services are directed or controlled; and (5) the gross receipts of a direct seller shall be attributed to the county, city or town in which such person maintains his place of abode. (d) If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed 1996-18 under the general rule, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to the city solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction. (e) The commissioner of the revenue may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than 100 percent of its gross receipts from all locations in the affected jurisdictions, the commissioner of the revenue shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved. If an agreement cannot be reached, either the commissioner of the revenue or taxpayer may seek an advisory opinion from the Department of Taxation pursuant to section 58.1-3701 of the Code of Virginia; notice of the request shall be given to the other party. Notwithstanding the provisions of section 58.1-3993 of the Code of Virginia, when a taxpayer has demonstrated to a court that two or more political subdivisions of Virginia have assessed taxes on gross receipts that may create a double assessment within the meaning of section 58.1-3986 of the Code of Virginia, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous. Sec. 12-20. Display of license. Each license issued pursuant to the provisions of this chapter shall be displayed in a conspicuous place at the regular place of business, trade, profession, occupation or calling of the licensee, in order that any authorized representative of the city may inspect the same at all reasonable times. All licensees who have or maintain no regular place of business in the city shall either carry with them on their person or have affixed or attached to their truck, automobile or other vehicle the license and promptly display the same when called upon by any authorized representative of the city to do so. Sec. 12-21. Failure to display or exhibit license; injunction; violations. (a) It shall be unlawful for any person licensed under this chapter to fail to display or exhibit properly the person's license or to refuse to show the same to any authorized officer of the city upon request. 1996-18 -16 (b) The commissioner of the revenue may institute an action in the appropriate court of record to obtain an injunction for the continuing violation of any provision of this chapter, including, but not limited to, prohibiting any person from continuing to conduct or engage in a business, profession, trade, occupation or. calling unless and until the appropriate license has been obtained and the license tax therefor has been paid. (c) The commissioner of the revenue shall cause appropriate summons to be issued and prosecuted for violations of this chapter. Sec. 12-22 Penalty and interest. (a) A penalty of ten percent (10%) of the license tax is hereby imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the commissioner of the revenue if both the application and payment are late; however, both penalties may be assessed if the commissioner of the revenue determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the commissioner of the revenue, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by the commissioner of the revenue is not paid within thirty days, the treasurer or other collecting official may impose a ten percent late payment penalty. If the failure to file or pay was not the fault of the taxpayer, the penalties shall not be imposed, or if imposed, shall be abated by the commissioner of the revenue. A request for waiver or abatement of penalty shall be in writing; the commissioner of the revenue shall make and retain for three years a written determination of that request. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. "Acted responsibly,, means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business, and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered. "Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written information from the commissioner of the revenue who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information. (b) Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the commissioner of the revenue is 1996-18 -17 found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any license tax from the date of payment or due date, whichever is later, whether attributable to ar amended return or other reason. Interest on any refund shall be paid at the same rate charged under section 58.1-3916 of the Code of Virginia. No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than thirty days from the date of the payment that created the refund or the due date of the tax, whichever is later. Sec. 12-23. Record-keeping and audits. Every person who is assessable with a license tax shall keep sufficient records to enable the commissioner of the revenue to verify the correctness of the tax paid for the license years assessable and to enable the commissioner of the revenue to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner of the revenue in order to allow the commissioner of the revenue to establish whether a particular receipt is directly attributable to the taxable privilege exercised within the city. The commissioner of the revenue shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside the city, copies of the appropriate books and records shall be sent to the commissioner of the revenue's office upon demand. Sec. 12-24. Appeals and rulings. (a) Any person assessed with a license tax as a result of an audit may apply within ninety days from the date of such assessment to the commissioner of the revenue for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The commissioner of the revenue may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, a further audit, or other evidence deemed necessary for a proper and equitable determination of the application. The assessment shall be deemed prima facie correct. The commissioner of the revenue shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth its position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the jurisdiction (e.g., the name and address to which an application should be directed). (b) Provided a timely and complete application is made, collection activity shall be suspended until a final determination is issued by the commissioner of the revenue, unless the treasurer determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant 1996-18 -18 information after a reasonable time. Interest shall accrue in accordance with the provisions of section 12-22(b), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires to (i) depart quickly from~ the city, (ii) remove his property therefrom, (iii) conceal himself or his property therein, or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. (c) Any person assessed with a local license tax as a result of an audit may apply within ninety days of the determination by the commissioner of the revenue on an application pursuant to section 12-24(a) to the Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a determination to the taxpayer within ninety days of receipt of the taxpayer's application, unless the taxpayer and the commissioner of the revenue are notified that a longer period will be required. The application shall be treated as an application pursuant to section 58.1-1821 of the Code of Virginia, and the Tax Commissioner may issue an order correcting such assessment pursuant to section 58.1-1822 of the Code of Virginia. Following such an order, either the taxpayer or the commissioner of the revenue may apply to the appropriate circuit court pursuant to section 58.1-3984 of the Code of Virginia. However, the burden shall be on the party making the application to show that the ruling of the Tax Commissioner is erroneous. Neither the Tax Commissioner nor the Department of Taxation shall be made a party to an application to correct an assessment merely because the Tax Commissioner has ruled on it. (d) On receipt of a notice of intent to file an appeal to the Tax Commissioner under section 12-24(c), the treasurer shall further suspend collection activity until a final determination is issued by the Tax Commissioner, unless the treasurer determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 12-22(b), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in section 12-24(b) above. (e) Any taxpayer may request a written ruling regarding the application of a local license tax to a specific situation from the commissioner of the revenue. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or the guidelines issued by the Department of Taxation upon which the ruling was based or (ii) the commissioner of the revenue notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. Sec. 12-25. Limitations and extensions. (a) Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, 1996-18 -19 both the commissioner of the revenue and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (b) Notwithstanding subsection (a) above or section 58.1-3903 of the Code of Virginia, the commissioner of the revenue shall assess the license tax omitted because of fraud or failure to apply for a license for the current license year and the six preceding license years. (c) The period for collecting any license tax shall not expire prior to the period specified in section 58.1-3940 of the Code of Virginia, two years after the date of assessment if the period for assessment has been extended pursuant to this section, two years after the final determination of an appeal for which collection has been stayed pursuant to subsection 12-24(b) or 12- 24(d) of this ordinance, or two years after the final decision in a court application pursuant to section 58.1-3984 of the Code of Virginia or similar law for which collection has been stayed, whichever is later. sec. 12-26 through 12-29. Reserved. Article II. Schedule of License Taxes. Division 1. Classification of Certain Businesses. Sec. 12-30. Contractors and persons constructing in their own behalf for sale. (a) Every contractor and persons contracting in their own behalf for sale shall pay for the privilege an annual license tax equal to the greater of thirty dollars ($30.00) or sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts. The tax shall be based upon the gross receipts from such occupation or business conducted in the city in the next preceding calendar year. No license shall be required under this section of any contractor not having a principal or branch office within the city but having an office in another locality in the Commonwealth and licensed by such other locality in the Commonwealth unless the amount of business done by such contractor in the city exceeds twenty-five thousand dollars ($25,000.00) in any year, in which event such person shall file an application for license and pay the license tax imposed by this section on its gross receipts from business done in the city. (b) Contracting generally includes, but is not limited to, persons engaged in the following occupations, businesses or trades: Air-conditioning contracting. Brick contracting and other masonry. Building. Cementing. Dredging. 1996-18 Electrical contracting. Elevator installation. Erecting signs which are assessed as realty. Floor scraping or finishing. Foundation work. House moving. Paint and paper decorating. Plastering. Plumbing, heating or steamfitting. Refrigeration work. Road, street, construction. bridge, sidewalk or curb and gutter Roofing and tinning. Sewer drilling and well digging. Sign painting. Structural metal work. Tile, glass, flooring and floor covering installation. Wrecking, moving or excavating. Sec. 12-31. Retail sales. (a) Every retailer, including amusement operators, shall pay for the privilege an annual license tax equal to the greater of thirty dollars ($30.00) or twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts based upon the gross receipts from such retail sales in the next preceding calendar year. (b) Any person engaged in repair service who sells parts in addition to or as a part of the repair service, is engaged in retail or wholesale sales as to the sales of the repair parts. (c) Banks and savings and loan associations that sell promotional items are engaged in retail sales as to the sales of the promotional items and are not exempt from the city license taxation as to those sales. However, no license tax levied on a savings and loan association shall exceed fifty dollars ($50.00) and shall be levied only where the main office of such association is located. (d) A bank is not engaged in retail sales as to the sales of blank checks if the customer places an order for the checks directly with the printer and authorizes the bank to collect for the printer by charging his account, and the bank is not obligated to pay for the checks except insofar as it honors the customer's authorization. If, however, the customer places his order with the 1996-18 -21 bank and the bank contracts with the printer and is liable to the printer, whether or not the bank actually collects from the customer, then the bank is engaged in retail sales. (e) A charitable institution or other not-for-profit organization that engages in the business of buying and selling merchandise may be subject to the city license tax as a retail or wholesale merchant, even though the proceeds are subsequently used for charitable purposes. (f) A lunch counter operated by an organization open to members only, the proceeds from which are used to maintain the organization, may be subject to the city license tax. (g) Any hotel, motel, boardinghouse or lodging house which! also furnishes or sells food or merchandise for compensation is engaged in retail sales as to the sales of the food or merchandise. (h) A person is not subject to license tax if his business the Commonwealth is limited solely to the solicitation of orders by catalogs mailed from outside the Commonwealth to mail-order buyers in the Commonwealth and who fills orders from outside the Commonwealth. However, if the catalogs are distributed by a resident of the Commonwealth by mail or in person or if the person engaged in the mail-order business has a definite place of business in the Commonwealth at which mail orders are received or filled, the mail-order business may be treated the same as any other retail or wholesale business for purposes of the city license taxes. (i) Any person who merely fills prescriptions for or fits corrective lenses and eyeglass frames is a retail merchant. However, any practitioner who examines eyes is engaged in rendering a professional service. (j) Any practitioner of a profession who sells goods, wares or merchandise in connection with the practice of the profession may be engaged in making retail sales depending on the nature of the products sold and the service performed. Examples in this area are as follows: (1) A medical doctor who engages in the sale of drugs or other goods, wares or merchandise as well as the practice of medicine is a merchant as to those sales. However, a medical doctor is not a merchant as to the drugs used in giving an immunization to a patient. (2) A chiropodist who sells shoes in connection with his practice is a retail merchant as to such sales. (k) A job printer is a manufacturer and is engaged in either retail or wholesale sales as to the sales of the items printed. (1) Any person who purchases rough stone already cut and who then polishes, glazes and cuts lettering in the stone is not a manufacturer and is engaged in either retail or wholesale sales. (m) Any person who sells goods at retail through a commission merchant may be held liable for the city license tax as to such sales. 1996-18 -22 (n) Any person subject to taxation as an operator of coin- operated machines or devices who is also engaged in other retail sales under this section may file a single return combining the taxable receipts. Sec. 12-32. Financial, real estate and professional services. (a) Generally. Every person engaged in financial services, real estate services or professional services shall pay for the privilege an annual license tax equal to the greater of thirty dollars ($30.00) or forty cents ($0.40) per one hundred dollars ($100.00) of gross receipts based upon the gross receipts from such services in the next preceding calendar year. However, for persons engaged in the business of leasing real property, the tax rate shall be as follows: For the lessors of commercial and industrial real property and the lessors of dwelling units in apartment houses, the tax shall be the greater of thirty dollars ($30.00) or twenty-three cents ($0.23) per one hundred dollars ($100.00) of gross receipts from the rental in the next preceding calendar year; for lessors of all other residential real property, including single-family detached and semidetached dwellings, townhouses and condominium units, the tax shall be the greater of thirty dollars ($30.00) or fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the rental in the next preceding calendar year. The definitions of uses of real property in section 26-4 shall apply to this section. It is the intent of this section to tax individually all persons practicing a profession, occupation or calling including persons who practice a profession as members or employees of a partnership, firm, company or corporation. In the case of employees, gross receipts shall be measured by salary or commission received. As to the members of partnerships or firms, they shall be measured by salary or commission received. As to the members of partnerships or firms, they shall be taxed only in the proportion that their respective share in the partnership or firm bears to the total gross receipts. In lieu of additional licenses such members may file jointly for a single license and pay a collective license tax upon the total gross receipts. A joint filing must include a complete list of all members for whom the license tax is being paid. (b) Financial services. Persons engaged in rendering financial services include, but are not limited to, the following: Buying installment receivables. Chattel mortgage financing. Consumer financing. Credit card services. Credit unions. Factors. Financing accounts receivable. Industrial loan companies. Installment financing. 1996-18 -23 Inventory financing. Loan or mortgage brokers. Loan or mortgage companies. Safety deposit box companies. Security and commodity brokers and services. Stockbroker. Working capital financing. Any person other than a national bank or bank or trust company organized under the laws of the Commonwealth, or a duly licensed and practicing attorney-at-law, that engages in the business of buying or selling for others on commission or for other compensation, shares in any corporation, bonds, notes or other evidences of debt is a stockbroker. The fact that orders are taken subject to approval by a main office does not relieve the broker from city license taxation. Also, an insurance company engaged in selling mutual funds is a broker as to that portion of its business. (c) Real estate service. Persons engaged in rendering real estate services include, but are not limited to, the following: Appraisers of real estate. Escrow agents, real estate. Fiduciaries, real estate. Lessors of real property. Real estate agents, brokers and managers. Real estate selling agents. Rental agents for real estate. (d) Professional service. professional service include, following: Persons engaged in rendering a but are not limited to, the Architects. Attorneys-at-law. Certified public accountants. Dentists. Engineers. Land surveyors. Pharmacists. Practitioners of the healing arts. 1996-18 Surgeons. Veterinarians. Sec. 12-33. Repair, personal, business and other services. (a) ~ Every person engaged in a repair service, personal service, business service or any other business, trade, profession, occupation or calling not specifically listed or excepted from license taxation according to the provisions of this chapter, shall pay for the privilege an annual license tax equal to the greater of thirty dollars ($30.00) or twenty-seven cents ($0.27) per one hundred dollars ($100.00) of gross receipts base upon the gross receipts from such services in the next preceding calendar year. However, such tax shall be thirty dollars ($30.00) for transportation services including bus and taxi services. (b) Enumerated______= Those rendering a repair, personal or business service or other service as provided in subsection (a) above include, but are not limited to, the following: Advertising agencies. Airports. Ambulance services. Amusements and recreation services (all types). Animal hospitals, grooming services, kennels or stables. Auctioneers and common criers. Automobile driving schools. Barbershops, beauty parlors and hairdressing establishments, schools and services. Bid or building reporting service. Billiard or pool establishments or parlors. Blacksmith or wheelwright. Bondsman. Booking agents or concert manager. Bottle exchanges. Bowling alleys. Brokers and commission merchants other than real estate or financial brokers. Business research and consulting services. Chartered clubs. Child care attendants or schools. 1996-18 -25 Collection agents or agencies. Commercial photography, art and graphics. Commercial sports. Dance halls, studios and schools. Data processing, computer and systems development services. Developing or enlarging photographs. Detective agency and protective services. Drafting services. Engraving. Erecting, installing, removing or storing awnings. Extermination services. Freight traffic bureaus. Fumigating or disinfecting. Funeral services and crematories. Golf courses, driving ranges and miniature golf courses. Hauling of sand, gravel or dirt. Hotels, motels, tourist courts, boarding and rooming houses. House cleaning services. Information bureaus. Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like. Interior decorating. Janitorial services. Laundry cleaning and garment services, including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpet and upholstery cleaning. Mailing, messenger and correspondent services. Marinas and boat landings. Movie theaters and drive-in theaters. Nickel plating, chromizing and electroplating. Nurse and physician registries. Nursing and personal care facilities including nursing homes, convalescent homes, homes for the retarded, old age homes and rest homes. 1996-18 -26 goods Packing, crating, shipping, hauling or moving chattels for others. Parcel delivery services. Parking lots, public garages and valet parking. Pawnbrokers (see subsection (c) of this section). Personnel services, labor agents and employment bureaus. Photographers and photographic services. Piano tuning. Picture framing and gilding. Porter services. Press clipping services. Private hospitals. Promotional agents or agencies. Public relations services. Realty multiple listing services. Renting or leasing any items of tangible personal property. Reproduction services. Secretarial services. Septic tank cleaning. Shoe repair, shoe shine and hat repair shops. Sign painting. Storage, all types. Swimming pool maintenance and management. Tabulation services. Taxidermist. Telephone answering services. Theaters. Theatrical performers, bands and orchestras. Towing services. Trailer parks and campsites. Transportation services including buses and taxis. mmmmmmmm or 1996-19 Travel bureaus. -27 Tree surgeons, trimmers and removal services. Turkish, Roman or other like baths or parlors. Wake-up services. Washing, cleaning or polishing automobiles. (c) No license shall be issued to a pawnbroker until a permit shall have been obtained as required by this Code. Sec. 12-34. Persons and organizations sponsoring shows or sales. Every person or organization, certified as exempt from taxation pursuant to the United States Internal Revenue Code, which sponsors a show or sale in the city shall obtain from the commissioner of the revenue, for each show or sale, a business license as required by this section and shall pay to the city for each show or sale a tax in the amount of two hundred dollars ($200.00). The sponsor of the show or sale shall provide to the commissioner with the license tax application a current list of the names and addresses of each promotional agent, agency and each itinerant merchant which will participate in each such show or sale. A license issued to a sponsor under this section shall be in lieu of the personal, business or other service license required under section 12-33 for each promotional agent or agency which promotes the show or sale. Such license shall also be in lieu of the retail sales license required under section 12-31 for each itinerant merchant which participates in such show or sale. Sec. 12-35 through 12-39. Reserved. Division 2. Other License Taxes Sec. 12-40. Federal research and development contractors. Every federal research and development contractor shall pay for the privilege an annual license tax equal to the greater of thirty dollars ($30.00) or three cents per $100 of federally appropriated funds received in payment of federal research and development contracts upon documentation provided by such person to the commissioner of revenue confirming the applicability of subsection 58.1-3706.D.1 of the Code of Virginia. If a federal research and development contractor does not provide such documentation to the commissioner of revenue, then he or she shall be pay an annual license tax as a business service provider. Sec. 12-41. Wholesale merchants. Every person engaged in the business of a wholesale merchant shall pay for the privilege an annual license tax of five cents ($0.05) per one hundred dollars ($100.00) of purchases based upon purchases in the immediately preceding calendar year. Sec. 12-42. Peddlers; itinerant merchants. (a) Every person engaged in the business of a peddler or itinerant merchant who sells goods, wares or merchandise at retail 1996-18 '28 shall pay for the privilege an annual license tax of thirty dollars ($30.00) per year, which tax shall not be prorated. (b) The license tax imposed by this section shall not apply to any peddler at wholesale nor to: (1) a licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants; (2) a distributor or vendor petroleum products; of motor fuels and (3) a distributor or vendor of seafood who catches seafood and sells only the seafood caught by him; (4) a farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him; (5) a farmers' cooperative association; or (6) a manufacturer who is subject to Virginia tax or intangible personal property who peddles at wholesale, only the goods, wares or merchandise manufactured by him at a plant, whose intangible personal property is taxed by the Commonwealth. Sec. 12-43. Peddlers at wholesale. (a) Every person engaged in the business of a peddler at wholesale shall pay for the privilege an annual license tax as a wholesale merchant. to: (b) The license tax imposed by this section shall not apply (1) a licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants; (2) a distributor or vendor petroleum products; of motor fuels and (3) a distributor or vendor of seafood who catches seafood and sells only the seafood caught by him; (4) a farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him; (5) a farmers' cooperative association; or (6) a manufacturer who is subject to Virginia tax on intangible personal property who peddles at wholesale, only the goods, wares or merchandise manufactured by him at a plant, whose intangible personal property is taxed by the Commonwealth. Sec. 12-44. Direct sellers. Every person engaged in the business of a direct seller shall pay for the privilege an annual license tax equal to the greater of 1996-18 -29 thirty dollars ($30.00) or the sum of twenty cents ($0.20) per one hundred dollars ($100.00) of retail sales and five cents ($0.05) per one hundred dollars ($100.00) of wholesale sales; provided, however, that no license tax shall be imposed upon a direct seller unless the total sales of such direct seller exceed four thousand dollars ($4,000.00) per year. Sec. 12-45. Amusement operators. (a) Every person engaged in the business of an amusement operator shall pay for the privilege an annual tax as a personal service provider on the share of the receipts actually received by such operator from coin machines operated within the city. (b) Every person engaged in the business of an amusement operator shall furnish to the commissioner of the revenue a complete list of all machines on location and the address of each location on or before January 31 of each year. (c) Each machine shall have conspicuously located thereon a decal, sticker or other adhesive label, no less than 1 × 2 inches in size, clearly denoting the operator's name and address. Sec. 12-46. Bondsmen. Every person engaged in the business of a bondsman shall pay for the privilege an annual license tax as a personal service provider. No such person shall enter into any such bond or bonds in the city until he shall have obtained such license. With the exception of any bondsman or his agent who has heretofore obtained a certificate and license under this section and whose certificate, license and right to act as a bondsman continues to remain in full force and effect, no such license shall be issued unless and until the applicant shall have first obtained a certificate from the judge of the Fairfax County Circuit Court as required by law. The commissioner of the revenue may revoke any license issued under this section for failure of the licensee to comply with the terms hereof. Sec. 12-47. Fortune-tellers, clairvoyants, and practitioners of palmistry. Every person engaged in the business of a fortune-teller shall pay for the privilege an annual license tax of one thousand dollars ($1,000.00) per year, which tax shall not be prorated. Sec. 12-48. Photographers with no readily established place of business. Every person engaged in the business of a photographer shall pay for the privilege an annual license tax as a personal service provided, that the tax shall not exceed thirty dollars ($30.00), which tax shall not be prorated. Sec. 12-49. Carnivals, circuses, and speedways. No show, circus, carnival or other like performance shall be exhibited within the city unless a license has first been obtained therefor, for which privilege a license tax of one hundred fifty 1996-18 -30 dollars ($150.00) per day shall be charged, and no rebate shall be allowed for rainy days. For the privilege of using the streets and highways of the city for a carnival street parade a license tax of one hundred dollars ($100.00) shall be charged and no such license shall be issued except after a permit for such parade has been obtained from the city manager. Sec. 12-50. Savings and loan credit unions. association; state-chartered Every savings and loan association and state-chartered credit union whose main office is located in the city shall pay for the privilege an annual license tax in the amount of fifty dollars ($50.00), which tax shall not be prorated. Sec. 12-51. Certain public service corporations. Every person engaged in the business of conducting a telephone or telegraph company, water company, heat, light, gas or power company shall pay for the privilege an annual license tax equal to one-half (1/2) of one (1) per cent of the gross receipts of s~ company accruing from sales to the ultimate consumer in the city. In the case of telephone companies, charges for long-distance telephone calls shall not be included in gross receipts for the purposes of this section. Sec. 12-52. Commission Merchants. Every person engaged in the business of a commission merchant shall pay for the privilege an annual license tax as an other business under section 12-33 of this chapter only on commission income. Such person shall not be subject to tax on total gross receipts from sales. Sec. 12-53. Alcoholic beverages. (a) Generally. Every person engaged in the manufacture, bottling or selling of alcoholic beverages within the city shall pay for the privilege an annual license tax as follows: (1) For each distiller's license, one thousand dollars ($1,000.00); no such license shall be required for any person who manufactures not more than five thousand (5,000) gallons of alcohol or spirits, or both, during such license year. (2) For each winery license, one ($1,000.00); for each wholesale license, fifty dollars ($50.00). thousand dollars wine distributor's (3) For each brewery license, one thousand dollars ($1,000.00). (4) For each bottler's license, five hundred dollars ($500.00). (5) For each wholesale beer license, one hundred twenty-five dollars ($125.00). (6) For each wholesale druggist license, ten dollars ($10.00). 1996-18 -31 (7) For each retail on-premises wine and beer license for a hotel, restaurant or club and for each retail off- premises wine and beer license, including each gift shop, gourmet shop and convenience store license, seventy-five dollars ($75.00). (8) For each retail on-premises beer license for a hotel, restaurant or club, for each retail off-premises beer license and for each druggist license, fifty dollars ($50.00). (9) For each banquet license, five dollars ($5.00). (10) For each fruit distiller's license, one thousand five hundred dollars ($1,500.00). (11) For each hospital license, ten dollars ($10.00). (12) For each mixed beverage license as follows: so For each restaurant, including restaurants located on the premises of and operated by hotels and motels or other persons: With a seating capacity at tables for fifty (50) to one hundred (100) persons, two hundred dollars ($200.00). With a seating capacity at tables for more than one hundred (100) but not more than one hundred fifty (150) persons, three hundred fifty dollars ($350.00). With a seating capacity at tables for more than one hundred fifty (150) persons, five hundred dollars ($500.00). For each private, nonprofit club operating a restaurant on the premises of such club, three hundred fifty dollars ($350.00). c. For each caterer, five hundred dollars ($500.00). (b) State license required. No such license shall be issued to any person unless such person shall hold or shall secure simultaneously therewith the proper state license provided for in chapter 1, title 4.1 of the Code of Virginia, as amended. (c) Delivery. Nothing herein shall be construed so as to require any person to obtain a city license where such person is a wholesaler or distributor who maintains no place of business within the city, but merely delivers alcoholic beverages in the city. (d) License in addition to other license requirements. No alcoholic beverage license authorized by this chapter shall be construed as exempting any licensee from any merchants' or restau- rants' licenses and no such license shall be transferable. Sec. 12-54. Canvassers and soliciting agents. Canvassers or soliciting agents, unless covered by another section in this chapter, shall pay a license tax equal to the lesser of thirty dollars ($30.00) per annum or five dollars ($5.00) 1996-18 -32 per day, except when such tax is waived under section 12-4. Ail canvassers and soliciting agents shall register with the chief of city police. Sec. 12-55. Health clubs. Every person conducting or engaging in the business of a health club shall be classified as a personal service and pay for the privilege an annual license tax provided in this chapter for such classification. Sec. 12-56. Junk dealers. Every person trading in any kind of junk, old metal, rags or other like commodities shall pay for the privilege an annual license tax of one hundred twenty-five dollars ($125.00); and for each canvasser or agent canvassing the city for the purpose of buying junk or other secondhand materials, for a principal or for themselves, an annual license tax of one hundred twenty-five dollars ($125.00) shall be paid for the privilege, neither of which taxes shall be prorated. A person doing business under this section shall give bond in the amount of one thousand dollars ($1,000.00) for his faithful compliance with the law, the bond to be delivered to the city clerk upon the issuance of the license. The city commissioner of the revenue shall immediately notify the chief of city police in writing of any license issued under the terms of this section. Sec. 12-57. Wall signs and billboards. Every person engaged in the business of wall sign or billboard painting or posting or the rental of space or facilities for such signs or billboards shall pay for the privilege an annual license tax of fifty dollars ($50.00) for each such wall sign or billboard, which tax shall not be prorated. Wall signs or billboards shall be as defined in Chapter 26 of this Code. 2. BE IT FURTHER ORDAINED that it is the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared invalid by the valid judgement or decree of a court of competent jurisdiction, such invalidation shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. 3. BE IT FURTHER ORDAINED that this Ordinance shall become effective on January 1, 1997. INTRODUCED: PUBLIC HEARING: ENACTED: November 12, 1996 November 26, 1996 November 26, 1996 DATE