The following business activities are specifically, but not exclusively, subject to the license fee:
(A) Trusts. Whenever a trust estate is engaged in an enterprise, activity or business which produces income, that activity or business shall be considered subject to the license fee;
(B) Trading of stocks and securities. Where a person engages in the buying and selling of stocks, bonds or other types of securities and these transactions are not isolated and few, but are extended so as to constitute an activity, this shall constitute a business subject to the license fee;
(C) Fiduciaries. Money received by a fiduciary is subject income where a fiduciary is regularly engaged in a business or profession as a fiduciary; or is engaged in a business or profession commonly regarded as being incidental or collateral thereto; for example, an attorney at law, real estate agent, and the like; or if such commissions or fees represent a substantial portion of the earnings or income of the fiduciary; or when the administration of the trust requires a substantial portion of the fiduciary’s available working time;
(D) Independent contractors. An independent contractor is a person who, while performing services for another, is not under the direction and control of such other person as to the result to be accomplished by the work as to the details and means by which that result is accomplished, such as authors, professional persons, seamstresses, laundresses, tailors and registered nurses; and
(E) Real estate. The compensation received from the operation of real estate by a business or person is subject to the license fee imposed by this chapter where the operation falls within the classes hereinafter described:
(1) Warehouses, shopping centers, apartment hotels and similar structures. The operation of these types of buildings constitutes a subject activity;
(2) Apartment houses, single dwellings and other rental property. To the extent that a person owns, controls or rents commercial property or has three or more units of residential rental property, he or she is engaged in the real estate business. This does not preclude an inquiry into each particular case if it is considered necessary;
(3) All businesses engaged in the rental of real estate or organized for that purpose shall be considered to be engaged in a subject activity;
(4) When any property falls within the classifications above given, the manner of its acquisition (purchase, gift, inheritance, fiduciary or as fiduciary mortgagee in possession and the like) does not affect the subjectability of the income derived therefrom; and
(5) Where the property is located within the city limits, the residence of the beneficiary is immaterial.
(Ord. 220.7-6-2008, passed 6-25-2008)