For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. A classification meaning all services, activities, occupations, vocation, pursuits, trades, callings or professions located and/or performed within the city with the object of pecuniary gain, benefit, or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time. This definition includes, without limitation, home occupations, peddlers, and the rental of commercial and residential real property. It also includes the activities of businesses that are located outside the city where sales or services are performed by the physical presence of business representatives inside the city, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
BUSINESS ENTITY. Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted.
CITY. The City of Dry Ridge, Kentucky, its government, representatives, authorized agents, successors and assigns.
COMPENSATION. Wages, salaries, commission, or any other form of remuneration paid or payable by an employer for services performed by an employee, which are required to be reported for federal income tax purposes and adjusted as follows:
(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 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.
EMPLOYEE. Any person who renders services to another person or business entity for compensation, including an officer of a corporation and any officer, employee, or elected official of the United States, a state, or any political subdivision of a state, or any agency or 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. As defined in § 3401(d) of the Internal Revenue Code.
FISCAL YEAR. As defined in § 7701 (a)(24) of the Internal Revenue Code.
GROSS RECEIPTS. All revenues or proceeds derived from the sale, lease, or rental of goods,
services, or property by a business entity reduced by the following:
(1) Sales and excise taxes paid; and
(2) Returns and allowances.
INTERNAL REVENUE CODE. The Internal Revenue Code in effect on December 31, 2004, exclusive of any amendments made subsequent to that date, other than amendments that extend provisions in effect on December 31, 2005, that would otherwise terminate.
OFFENDING PARTY. A person who has received a citation for a violation of this chapter.
PERSON. One or more human beings, of either sex, or an entity that is recognized by law as having the rights and duties of a human being such as a corporation, company, partnership, association, trust, joint venture or other entity capable of maintaining a legal action and/or having a legal action brought against it, as authorized under the laws of the Commonwealth of Kentucky, however, shall not include employees of persons licensed pursuant to this chapter.
SALES REVENUE. Receipts from the sale, lease, or rental of goods, services, or property.
TAX. As used in this chapter and “LICENSE FEE”, “LICENSE TAX” and “OCCUPATIONAL LICENSE FEE” as used in other city ordinances dealing with the occupational license tax or fee of the city, shall have the same meaning as is afforded to the term “tax” in KRS 67.750 to 67.790.
TAX DISTRICT. The city, 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 taxes.
TAXABLE GROSS RECEIPTS. In case of a business entity having payroll or sales revenue both within and without the city means gross receipts as defined in this section, as apportioned under KRS 67.753.
TAXABLE GROSS RECEIPTS. In case of a business entity having payroll or sales revenue only in the city means gross receipts as defined in this section.
TAXABLE YEAR. The calendar year or fiscal year ending during the calendar year, upon the basis of which gross receipts is computed.
(Ord. 828-2017, passed 3-20-17)