For the purposes of this chapter, the following words and phrases have the meanings indicated unless the context clearly indicates or requires a different meaning. All definitions are intended to be consistent with KRS 67.750 to 67.790.
“BUSINESS ENTITY.” Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, registered limited liability partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted.
“BUSINESS.” Any enterprise, activity, trade, occupation, profession or undertaking of any nature conducted for gain or profit, specifically including any activity within the meaning, scope and context of KRS 92.280, KRS 92.281 and § 181 of the Kentucky Constitution. “BUSINESS” shall also specifically but not exclusively include the rental offering of any property, real or personal, having a site in the city. “BUSINESS” shall not include the usual activities of Boards of Trade, Chambers of Commerce, trade associations, or unions or other associations performing services usually performed by trade associations or unions as recognized by the Internal Revenue Service. “BUSINESS” shall not include funds, foundations, corporations or associations organized and operated for the exclusive and sole purpose of religious, charitable, scientific, literary, educational, civic or fraternal purposes, where no part of the earnings, incomes or receipts of such unit, group, or association inures to the benefit of any private shareholder or other person.
“CALENDAR QUARTER.” Any quarter of a calendar year ending on March 31, June 30, September 30 or December 31 thereof.
“CITY.” The City of Bellevue, Kentucky.
“COMPENSATION.” Wages, salaries, commissions, or any other form of remuneration paid or payable by an employer for services preformed by an employee, which are required to be reported for federal income tax purposes and adjusted to include the following:
(1) Include any amounts contributed by an employee to any retirement, profit sharing, or deferred compensation plan, which are deferred for federal income tax purposes under a salary reduction agreement or similar arrangement, including but not limited to salary to salary reduction arrangements under §§ 401(a), 401(k), 402(e), 403(a), 403(b), 408, 414(h), or 457 of the Internal Revenue Code; and
(2) Include any amounts contributed by an employee to any welfare benefit, fringe benefit or other benefit plan made by salary reduction or other payment method which permits employees to elect to reduce federal taxable compensation under the Internal Revenue Code, including but not limited to §§ 125 and 132 of the Internal Revenue Code.
“CONCLUSION OF THE FEDERAL AUDIT.” The date that the adjustments made by the Internal Revenue Service to net income as reported on the business entity’s federal income tax return become final and unappealable.
“EMPLOYEE.” Any person who renders services to another person or any business entity for compensation, including an officer of a corporation any officer, employee, or elected official of the United States, a state, or any political subdivision of a state, of any agency of instrumentality of any one or more of the above. A person classified as an independent contractor under the Internal Revenue Code shall not be considered an “EMPLOYEE.”
“EMPLOYER.” The person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that:
(1) If the person for whom the individual performs or performed any services does not have control of the payment of the wages for such service, the term “EMPLOYER” means the person having control of the payment of such wages; and
(2) In the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term “EMPLOYER” means such person.
“FINAL DETERMINATION OF THE FEDERAL AUDIT.” The revenue agent’s report or other documents reflecting the final and unappealable adjustments made by the Internal Revenue Service.
“FISCAL YEAR.” An accounting period of 12 months ending on the last day of any month other than December.
“GROSS RECEIPTS.” All revenues or proceeds derived from the sale, lease or rental of goods or services, or property by a business entity reduced only by the following:
(1) Sales and excise taxes paid;
(2) Returned goods and allowances; and
(3) Exempt licensed sales of alcoholic beverages under the laws of the Commonwealth of Kentucky.
“INTERNAL REVENUE CODE.” The “INTERNAL REVENUE CODE” in effect on December 31 of the year in which the tax is due, exclusive of any amendments made subsequent to that date, other than amendments that extend provisions in effect on December 31, of the year in which the tax is due, that would otherwise terminate.
“LICENSEE.” Any person required to file a return or to apply for or obtain an occupational license under this chapter.
“PERSON.” Every natural person, whether a resident or non-resident of the city, copartnership, fiduciary, association, or corporation. Whenever the word “PERSON” is used in any clause prescribing and imposing a penalty in the nature of a fine or imprisonment, the word, as applied to a partnership or other form of unincorporated enterprise, shall mean the partners or members thereof, as applied to corporations, shall mean the officers and directors thereof.
“REAL PROPERTY.” All types of real estate including commercial property, residential property and farm property.
“REGULATORY BUSINESS LICENSE.” A license required by the City of Bellevue, pursuant to the police power thereof, for the purpose of regulating business activities and operations within the City of Bellevue.
“RETURN” or “REPORT.” Any properly completed and, if required, signed form, statement, certification, declaration or any other document permitting or required to be submitted or filed with the city.
“SALES REVENUE.” Receipts from the sale, lease or rental of goods, services or property.
“TAXABLE GROSS RECEIPTS.” In case of a business entity have payroll or sales revenues only within the city means “GROSS RECEIPTS” as defined above.
“TAXABLE YEAR.” The calendar year or fiscal year ending during the calendar year, upon the basis of which gross receipts are computed.
“TAX DISTRICT.” Any city of the first through fifth class, county, urban county, charter county, consolidated local government, school district, special taxing district or any other statutorily created entity with the authority to levy net profits, gross receipts or occupational license fees to ensure that the applicant is in compliance with all regulatory requirements of the City or other applicable subdivisions of the Commonwealth of Kentucky.
(Ord. 2007-12-01, passed 12-19-07)