(A) The income received from the operation of real estate by persons, trust companies and real estate agents, for, or on behalf of persons (or estates) are subject to the license fee imposed by this chapter, where such operation falls within the classes herein described:
(1) Warehouses, apartment hotels and similar structures. The operation of these types of buildings constitutes a subject activity and the income thereof is subject to the fee imposed by this chapter;
(2) Apartment houses, single dwellings and other rental property. As to this type of real estate, the income derived therefrom is considered subject when the operation thereof is so extended as to constitute an “activity” within the meaning of this chapter, and if such “activity” requires at least 20% of a person’s activity time, then he will be presumed to be engaged in the real estate business. To the extent that a person is engaged in managing real estate for at least 20% of this activity time, he is engaged in the real estate business. This does not preclude an inquiry into each particular case, if it is considered necessary; and
(3) All corporations engaged in the rental of real estate or partnerships organized for that purpose shall be considered to be in a subject activity.
(B) The following business activities are specifically, but not exclusively subject to the license fee:
(1) Trusts. Whenever a trust estate is engaged in an enterprise, activity or business, which is productive of income, the activity or business shall be considered subject to the license fee;
(2) Trading and securities. Where a person engages in buying and selling of stocks, bonds or other types of securities and such transactions are not isolated and few, but are extended so as to constitute an activity the gross sales or gross income therefrom are subject to the license fee;
(3) Fiduciary. Monies 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’s available working time; and
(4) Independent contractor. 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, registered nurses. The income received by such persons is subject to this license fee.
(2002 Code, § 110.17) (Ord. 1994-C-2, passed 6-6-1994)