For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT PARKS. A commercially operated park, other than a publicly owned park or a fair or carnival which are for a limited duration, having various devices for entertainment (such as rides) and usually booths for the sale of food and drink for which a fee or charge is exacted.
ASSOCIATION. A partnership, limited partnership, joint venture or any other form of unincorporated enterprise owned or engaged in by two or more persons.
BUSINESS or 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; provided, however, this definition does not include the usual activities of board of trades, chambers of commerce, or trade associations, or unions; community chest funds or foundations; corporations or other organizations organized and operated exclusively for religious, charitable, scientific, literary, educational or civic purposes, or for the prevention of cruelty to children or animals, or clubs or fraternal organizations operated exclusively for social, literary, educational or fraternal purposes where no part of the earnings, income or receipts for such units, groups or associations enures to the private benefit of any private shareholder or individual.
BUSINESS RECEIPTS. The sum total of gross receipts from sales plus gross credit or charges for work done and performed or services rendered.
CITY. The City of Franklin, Kentucky.
COMPENSATION. Wages, salaries, com- missions 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 I.R.C. §§ 401(a), 401(k), 402(e), 403(a), 403(b), 408, 414(h) or 457; 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, I.R.C. §§ 125 and 132.
CONSUMER FIREWORKS. Has the same meaning as the definition set forth in KRS Chapter 227.
CORPORATION. A corporation or joint stock association organized under the laws of the United States, this state or any other state, territory or foreign country or dependency.
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. Employer as defined in I.R.C. § 3401(d).
FIDUCIARY. A person who holds in trust, property, monies or properties, to which another has a beneficial title or interest, or who receives and controls income for another person.
FIREWORKS. This term, and all recreational exploding devices such as firecrackers, sky rockets and the like, shall have the same meaning as the definition set forth in KRS Chapter 227.
FISCAL YEAR. Fiscal year as defined in I.R.C. § 7701(a)(24).
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;
(2) Returns and allowances; and
(3) Alcoholic beverage sales subject to license fees pursuant to Ord. 220.500, and all other ordinances relating to and/or regulating alcoholic beverages.
INTERNAL REVENUE CODE. The Internal Revenue Code in effect on December 31, 2006, exclusive of any amendments made subsequent to that date, other than amendments that extend provisions in effect on December 31, 2006, that would otherwise terminate.
LICENSEE. Any person required to file a return or to pay a license fee under this chapter.
MANUFACTURER. Any individual, co-partner- ship, corporation, partnership or association which engages in manufacturing or the manufacturing process, which is defined as follows: material having less commercial value for its intended use before processing but has appreciable commercial value for its intended use after processing by labor, assembly and/or machinery.
NET PROFIT. Gross income as defined in I.R.C. § 61, minus all the deductions from gross income allowed by I.R.C. Chapter 1, and adjusted as follows:
(1) Include any amount claimed as a deduction for state tax or local tax which is computed, in whole or in part, by reference to gross or net income and which is paid or accrued to any state of the United States, local taxing authority in a state, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any foreign country or political subdivision thereof;
(2) Include any amount claimed as a deduction that directly or indirectly is allocable to income which is either exempt from taxation or otherwise not taxed;
(3) Include any amount claimed as a net operating loss carryback or carryforward allowed under I.R.C. § 172;
(4) Include any amount of income and expenses passed through separately as required by the Internal Revenue Code to an owner of a business entity that is a pass-through entity for federal tax purposes; and
(5) Exclude any amount of income that is exempt from state taxation by the Kentucky Constitution, or the Constitution and statutory laws of the United States.
OCCUPATION, TRADE, PROFESSION OR OTHER ACTIVITY. The doing of any kind of work, the rendering of any kind of personal service, or the holding of any kind of position or job within the city, by any clerk, laborer, tradesman, manager, official or other employee, including any nonresident of the city who is employed by an employer where the relationship between the individual performing the services and the person for whom the services are rendered is, as to those services, the legal relationship of employer and employee, including also a partner of a firm or an officer of a firm or corporation if the partner or officer receives a salary for his or her personal services rendered in the business of that firm or corporation, and shall also include and mean the holding of any kind of office or position, either by election or appointment, by a federal, state, county or city officer or employee, where the services of that official or employee are rendered within the city.
PAYROLLS. The total wages, salaries and other personal service compensation, except for severance pay.
PERSON. Any natural person, co-partnership, 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, and as applied to corporations shall mean the officers and directors thereof.
SALARIES,.WAGES, COMMISSIONS AND OTHER COMPENSATIONS. The total gross amount of all salaries, wages, commissions, bonuses and any and all other payments or other considerations which an employee receives from an employer, except for severance pay. The amount paid to traveling salespersons or other workers as allowance or reimbursement for travel or other expenses incurred in the business of the employer, except to the extent of the excess of such amounts over expenses actually incurred and accounted for by the employee to his or her employer are excluded from this definition.
SALES REVENUE. Receipts from the sale, lease or rental of goods, services or property.
TAX DISTRICT. A city of the first to the 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 taxes; provided, however, that the tax district for the purposes of this chapter shall be the city.
TAXABLE GROSS RECEIPTS. In the case of a business entity having payroll or sales revenues both within and without a tax district, means gross receipts as defined above, as apportioned under § 114.042.
TAXABLE GROSS RECEIPTS. In the case of a business entity having payroll or sales revenue only in one tax district, means gross receipts as defined above.
TAXABLE NET PROFIT. In the case of a business entity having payroll or sales revenue only in one tax district, means net profit as defined above.
TAXABLE NET PROFIT. In the case of a business entity having payroll or sales revenue both within and without a tax district, means net profit as defined above, as apportioned under § 114.042.
TAXABLE YEAR. The calendar year or fiscal year ending during the calendar year, upon the basis of which net income or gross receipts is computed.
(Ord. 220.7-6-2008, passed 6-25-2008; Ord. 220.7-11-2009, passed 11-23-2009; Ord. 220.7-5-2011, passed 5-9-2011; Ord. 2019-009, passed 4-8-2019)