(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FINANCIAL SERVICE. Any person rendering a service for compensation in the form of a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange, unless that service is specifically provided for under another section of this subchapter.
PROFESSIONAL SERVICE. Any service specifically enumerated in division (C) of this section and any occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study, is used by its practical application to the affairs of others, either advising, guiding or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The word “profession” implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others as a vocation.
REAL ESTATE SERVICE. Any person rendering a service for compensation as lessor, buyer, seller, developer, agent or broker, unless the service is specifically provided under another section of this subchapter.
SUBDIVIDERS AND DEVELOPERS. Those engaged in subdividing real property into lots, including cemetery lots, and developing it for resale on their own account or for others.
(B) Taxes imposed. The local license taxes imposed on a person engaged in a financial, real estate or professional service with a permanent place of business within the town is $0.13 per $100.00 of gross receipts, but not less than $30.00.
(C) Enumeration of financial, real estate and professional services. Those deemed to be engaged in rendering financial, real estate and professional services include but are not limited to those engaged in the following:
(1) Financial services.
(a) Professions classified as financial services are as follows:
1. Buying installment receiv- ables;
2. Chattel mortgage financing;
3. Consumer financing;
4. Credit card services;
5. Credit unions (nonfederal), maximum license tax, $50;
6. Factors;
7. Financing accounts receivable;
8. Industrial loan companies;
9. Installment financing;
10. Inventory financing;
11. Loan or mortgage brokers;
12. Loan or mortgage companies;
13. Safety deposit box companies;
14. Security and commodity brokers and services;
15. Stockbroker; and
16. Working capital financing.
(b) Any person other than a national bank or bank or trust company organized under the laws of this state, or any duly licensed practicing attorney-at-law who 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 local license taxation. Also an insurance company engaged in selling mutual funds is a broker as to that portion of its business.
(2) Real estate services. Those deemed to be rendering real estate services include but are not limited to:
(a) Appraisers of real estate;
(b) Escrow agents, real estate;
(c) Fiduciaries, real estate;
(d) Real estate agents, brokers or managers;
(e) Real estate selling agents; and
(f) Rental agents for real estate.
(3) Professional services.
(a) Those deemed to be engaged in rendering a professional service include but are not limited to:
1. Architects;
2. Attorneys-at-law;
3. Certified public accountants;
4. Dentists;
5. Engineers;
6. Land surveyors;
7. Pharmacists;
8. Practitioners of the healing arts;
9. Surgeons; and
10. Veterinarians.
(b) The performing of services dealing with the conduct of business itself, including the promotion of sales or services of the business and consulting services, even though the services involve the application of a specialized knowledge.
(D) Liability for local license taxation.
(1) Certification as a professional by itself is not sufficient to establish liability for local license taxation. Also, the fact that a professional is compensated by means of a salary is not sufficient by itself to relieve that professional from local license tax liability.
(2) Gross receipts for purposes of local license taxation as a professional include only those gross receipts obtained from the practice of that profession as a business, whether it be on a full-time or part-time basis, incorporated, partnership, sole proprietorship or association form.
(1997 Code, § 18-75) (Ord. passed 5-31-1983)