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Lewisburg Overview
Codified Ordinances of Lewisburg, WV
CODIFIED ORDINANCES OF LEWISBURG, WEST VIRGINIA
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF LEWISBURG
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
CHAPTER ONE - Business Regulation
CHAPTER THREE - Taxes and Service Charges
ARTICLE 721 City Licenses
ARTICLE 725 Hotel-Motel Tax
ARTICLE 729 Municipal Services Fee
ARTICLE 730 Fire Service Fee
ARTICLE 733 Public Utility Service Tax
ARTICLE 737 Business and Occupation Tax
ARTICLE 741 Alcoholic Beverages
CHAPTER 750 Municipal Sales and Use Taxes
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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737.06 MANUFACTURING.
   (a)   Upon every person engaging or continuing within the municipality in the business of manufacturing, compounding or preparing for sale, profit or commercial use, either directly or though the activity of others, in whole or part, any article or articles, substance or substances, commodity or commodities, or newspaper publishing (including all gross income or proceeds of sale from circulation and advertising), the amount of the tax shall be equal to the value of the article, substance, commodity or newspaper manufactures, compounded or prepared for sale, as shown by the gross proceeds derived from the sale thereof by the manufacturer or person compounding or preparing the same, except as otherwise provided, multiplied by a rate of zero percent (0.0%)
   (b)   The measure of the tax in this section is the value of the entire product manufactured, compounded or prepared in the municipality for sale; profit or commercial use, regardless of the place of sale or the fact that deliveries may be made to points outside the municipality. It is further provided, however, that in those instances in which the same person partially manufacturers, compounds or prepares products within the municipality and partially manufactures, compounds or prepares such products outside the municipality, the measure of tax under this Section shall be that proportion of the sales price of the product that the payroll costs of manufacturing within the municipality bears to the entire payroll costs of manufacturing the product.
   (c)   If any person shall ship or transport its products or any part thereof out of the state without making sale of such products, the value of the products in the condition or form in which they exist immediately before transportation out of the state shall be the basis for the assessment of the tax imposed. The Treasurer shall prescribe equitable and uniform rules of ascertaining such value.
   (d)   The dressing and processing of food intended for human consumption by a person, or the cooking and serving of food by a restaurant which food is to be sold in the municipality by such person, shall not be considered manufacturing or compounding or preparing for sale, but the sale of these products shall be reported under Section 737.07 either as wholesale or retail sale, as the case may be.
 
   (e)   Persons who manufacture, compound or prepare products outside the municipality and who make sale of the same within the municipality shall not pay the tax imposed by this Section, but shall pay tax imposed by Section 737.07 for the privilege of selling such product within the municipality.
 
   (f)   A person exercising any privilege taxable under this Section and engaging in the business of selling its product in the municipality shall be required to make returns of the gross proceeds of such sales and pay the tax imposed by this Section at the rate set forth in Section 737.07 for the privilege of engaging in the business of selling such manufactured goods in the municipality. (Ord. 172. Passed 3-21-06.)
737.07 SELLING TANGIBLE PROPERTY.
   (a)   Upon every person engaging or continuing within the municipality in the business of selling any tangible property whatsoever, real or personal, including the sale of food in hotels, restaurants, cafeterias, confectioneries and other public eating houses and wholesale sales from a rolling stockpile, except sales of any person engaging or continuing in the business of horticulture, agriculture or grazing, or selling stocks, bonds, or other evidence of indebtedness, there is hereby levied, and shall be collected, a tax equal to fifty one-hundredths percent (0.50%) of the gross income of the business that exceeds fifteen million ($15,000,000); except, therein the case of selling at wholesale, the tax shall be equal to zero percent (0.0%) of the gross income of the business.
   (b)   Gross income or gross proceeds of sales derived from sales within West Virginia, which is not taxed or taxable by any other municipality are included in the measure of municipal business and occupation tax if the sales are either directed from a location within the municipality or the taxpayer's principal West Virginia office is located in the municipality. Without limiting the generality of the foregoing, when the taxpayer has only one (1) office location and this office is located within the municipality's limits and its activities elsewhere in West Virginia are neither taxed nor taxable by another municipality, the gross income or gross proceeds from those activities are taxable by his municipality.
   (c)   Persons domiciled outside the municipality who solicit sales within the municipality and sell tangible personal property within the municipality are doing business in the municipality, irrespective of the domicile of such persons, irrespective of whether or not such persons maintain a permanent place of business in the municipality and irrespective of how a sales order is transmitted or processed. If an order is placed in connection with solicitation by a representative (regardless whether there is an employment or agency relationship or whether acting as an independent contractor) who solicits orders within the municipality, and the tangible personal property is to be delivered in the municipality, then the gross proceeds of such sales are included in the measure of the tax imposed by this Article.
(Ord. 172. Passed 3-21-06.)
737.08 PUBLIC SERVICE OR UTILITY BUSINESS.
   Upon every person engaging or continuing within the municipality in any public service or utility business, except railroad, railroad car, express, pipeline, telephone and telegraph companies, water carriers by steamboat or steamship and motor carriers, there is levied, and shall be collected, taxes on account of the business engaged in equal to the gross income of the business multiplied by the respective rates as follows: Street and interurban electric railways, zero percent (0%); water companies, three percent (3.00%), except as to income received by municipality-owned water plants; electric light and power companies, three percent (3.00%) on sales and demand charges for domestic and commercial lighting and two percent (2.00%) on sales and demand charges for all other purposes, except as to income received by municipality-owned plants producing or purchasing electricity and distributing same; natural gas companies, two percent (2.00%); toll bridge companies, two percent (2.00%); and upon all other public service or utility business, one percent (1.00%). The measure of this tax shall not include gross income derived from commerce between the state and other states of the United States. The measure of the tax under this Section shall include only gross income received from the supplying of public service. The gross income of the taxpayer from any other activity shall be included in the measure of the tax imposed upon such other activity by the appropriate Section of this Article.
(Ord. 313. Passed 11-15-22.)
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