The following words, when used in this chapter, shall have the meanings ascribed to them in this section except where the context clearly indicates or requires a different meaning:
(1) Alarm administrator: The person designated by the urban county government to administer, control and review the urban county government's alarm system ordinances, regulations and procedures. The chief of the division of police or his designee shall be the alarm administrator.
(2) Alarm advisory board: The five (5) member board created by section 13-73.5 of the Code.
(3) Alarm business: The activity of any individual, partnership, corporation or other entity involving the sale, lease, maintenance, service, repair, alteration, monitoring, movement or installation of any alarm device within or on any building, structure or facility. This definition does not include a business that engages in the manufacture or sale of an alarm system from a fixed location and does not visit the location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.
(4) Alarm business license: A license issued to an alarm company to sell, lease, install, monitor, maintain, repair, or replace alarm systems in the urban county.
(5) Alarm company: A person or business entity involved in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system.
(6) Alarm dispatch request: A notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.
(7) Alarm registration: The notification by an alarm company or an alarm user to the alarm administrator that an alarm system has been installed and is in use.
(8) Alarm site: A single fixed premises or location serviced by an alarm system or systems. If served by a separate alarm system, each unit in a multi-unit building or structure shall be considered a separate alarm site.
(9) Alarm system: Any mechanical or electrical device or series of devices, designed or used for the detection of an unauthorized entry into a building, structure or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both; and which emit a sound or transmit a remote or local audible, visual or electronic signal or message when activated. Alarm systems include, but are not limited to, systems interconnected with a radio frequency method such as cellular or private radio signals, direct-dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected buildings, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. "Alarm system" does not include audible alarms affixed to automobiles or on someone's person.
(10) Alarm user: Any person or business entity who uses or is in control of an alarm system located on that person's or entity's premises or who has contracted for monitoring, repair or maintenance service from an alarm company for an alarm system.
(11) Alarm user awareness class: A class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.
(12) Amusement: Athletic contest or entertainment not a part of a duly licensed business or not held in a regularly licensed theater or in a publicly owned, religious or educational building, and not sponsored by a bona fide civic, patriotic, religious or educational organization.
(13) Arming station: A device that allows control of an alarm system.
(14) Association: A partnership, limited partnership or any other form of unincorporated enterprise, owned by two (2) or more persons.
(15) Automatic voice dialer: Any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law, public safety or emergency service provider requesting dispatch.
(16) Bazaar: A group of individuals selling merchandise at one (1) location which is not a permanent place of business for any one (1) of the individuals, and sponsored by a person or promoter who assumes the responsibility for the license fee.
(17) Business: An enterprise, activity, profession or undertaking of any nature conducted for gain or profit, whether conducted by an individual, copartnership, association or any other entity, but shall not include the usual activities of boards of trade, chambers of commerce, trade associations or unions (or other associations performing the services usually performed by trade associations or unions); community chest funds or foundations; corporations or associations organized and operated exclusively for religious, charitable, scientific, literary, educational or civic purposes, or 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 of income or receipts of such units, groups or associations inures to the benefit of any private shareholder or individual.
(18) Business entity: Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, registered limited liability partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted.
(19) Cancellation or alarm dispatch cancellation: The process by which an alarm company providing monitoring services verifies with the alarm user or responsible party that a false dispatch has occurred and communicates the verification to the responding law enforcement agency confirming that there is not an existing situation at the alarm site requiring law enforcement response.
(20) Commissioner of finance: The commissioner of finance of the urban county government.
(21) Common cause: A common technical difficulty or malfunction which causes an alarm system to generate a series of false alarms, all of which occur within a twenty-four-hour period. The series of false alarms shall be counted as one (1) false alarm only if the cause of the series of false alarms is repaired before it generates additional false alarms, documentation of the repair is provided to the alarm administrator, and during the seven-day period following the repair the alarm system generates no additional false alarms from the documented cause.
(22) Compensation: Wages, salaries, commissions, 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:
(a) 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 Section 401(a), 401(k), 402(e), 403(a), 403(b), 408, 414(h), or 457 of the Internal Revenue Code; and
(b) 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 Sections 125 and 132 of the Internal Revenue Code.
(23) Conversion: The transaction or process by which one (1) alarm company begins servicing, maintaining or monitoring of a previously unmonitored alarm system or an alarm system previously serviced or monitored by another alarm company.
(24) Corporation: A corporation or joint stock association organized under the laws of the United States, the Commonwealth of Kentucky, or any other state, territory or foreign country or dependency.
(25) Direct line: A telephone line leading directly from a location to the communication center of the division of police, where said line is used only to report emergency signals.
(26) Division of revenue: The division created by the Charter of the Lexington-Fayette Urban County Government and charged with the collection of all income, revenues and monies due the urban county government.
(27) Duress alarm: A silent alarm system signal generated by the manual activation of a device intended to signal a life threatening situation or a crime in progress requiring law enforcement response. A duress alarm signal is generally not verified.
(28) Emergency ambulance service: Any person or business operating or maintaining vehicles for the health, care and transportation of persons who are sick, injured or otherwise incapacitated in emergency situations pursuant to chapter 18C of the Lexington-Fayette Urban County Government Code of Ordinances.
(29) Employee: Any person who renders services to another person or any 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 of instrumentality of any one (1) or more of the above. A person classified as an independent contractor under the Internal Revenue Code shall not be considered an employee.
(30) Employer: An individual, partnership, association, corporation, governmental body or unit or administration or agency, or any other entity, who or that employs one (1) or more persons on a salary, wage, commission or other compensation basis, regardless of whether such employer is engaged in business as above defined, or is excluded by the terms of such definition.
(31) False alarm: An alarm dispatch request to a law enforcement agency, when the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed an investigation of the alarm site.
(32) Fiduciary: A person or other entity who holds in trust property, monies or other assets, to which another has a beneficial title or interest, or who receives and controls income for another person or persons.
(33) Fiscal year: An accounting period of twelve (12) months.
(34) Gross receipts: The total income, revenue, sales or fees of a business activity.
(35) Holdup alarm: A silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. A holdup alarm is generally not verified.
(36) Household worker: An individual employed to drive his employer in the capacity of a chauffeur or employed on the grounds or in the home of his employer in activities to care for or wait upon the employer, the employer's family or guests, or to care for the home, grounds and/or vehicle of the employer or the employer's family or guests, not including such individuals who are employed by a cleaning service, personal nursing service, chauffeuring service or other entity which offers the services of its employees to the public.
(37) Independent contractor: A person who is subject to the control and direction of another only as to the result of his work, and not as to means, and who is therefore not an employee, as further defined by United States official treasury regulations.
(38) Internal Revenue Code: With respect to occupational license fees shall mean the Internal Revenue Code as defined by KRS 67.750.
(39) Itinerant merchant: An individual who does not have a permanent business location in Fayette County and who sells items of merchandise by means other than peddling.
(40) Licensee: Any person, whether an individual, partnership, association, corporation or other legal entity, required to file an occupational license fee return or pay occupational license fees on net profits or wages or withhold an occupational license fee on employee wages to the urban county government under this chapter.
(41) Limited liability company: An entity organized under KRS Chapter 275 or comparable laws of the United States or any other state, territory or foreign country or dependency. For purposes of this chapter, a limited liability company shall have the same entity classification as that elected for IRS federal income tax filings and shall be assessed occupational license fees accordingly under this chapter and all regulations promulgated hereunder.
(42) Local alarm system: Any alarm system that annunciates an alarm only by a local or external audio device.
(43) Monitoring: The process by which an alarm company receives signals from an alarm system and relays an alarm dispatch request to the responding local law enforcement agency for the purpose of summoning law enforcement personnel to the alarm site.
(44) Net profit: Gross income as defined in Section 61 of the Internal Revenue Code minus all the deductions from gross income allowed by Chapter 1 of the Internal Revenue Code, and adjusted as follows:
(a) 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;
(b) 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;
(c) Include any amount claimed as a net operating loss carryback or carryforward allowed under Section 172 of the Internal Revenue Code;
(d) 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
(e) 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.
(45) Nonresident: An individual, corporation, partnership, fiduciary, association or other entity that is not domiciled or does not have a business situs in Fayette County.
(46) Occupational license fee: For purposes of this chapter, this term shall have the same meaning as occupational license tax and those terms shall be interchangeable.
(47) One plus duress alarm: The manual activation of a silent alarm signal by entering at an arming station a code that adds one (1) digit to the last digit of the normal arm/disarm code (for example, if the normal code is 1234, the One Plus Duress Code is 1235).
(48) Panic alarm: An audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. A panic alarm is generally not verified.
(49) Partnership: Any unincorporated enterprise of two (2) or more persons engaged in any business, profession or occupation recognized as a partnership for federal income tax purpose.
(50) Peddler: An individual who carries his merchandise with him while traversing the streets, sidewalks or alleys of Fayette County for the purpose of exhibiting and selling such merchandise.
(51) Person: Every natural person, sole proprietorship, partnership, fiduciary, association or corporation. Whenever the term "person" is used in any clause prescribing and imposing a penalty in the nature of a fine or imprisonment, the word, as applied to associations, shall mean the partners or members thereof and as applied to corporations, the officers and directors.
(52) Place of business: Any bona fide office (other than a mere statutory office), factory, warehouse, or other space which is occupied and used by the licensee in carrying on any business activity, individually or through one (1) or more of his employees regularly in attendance.
(53) Precious metals dealer: Any business, excluding banking institutions, licensed to do business in the commonwealth, and broker-dealers licensed with the department of securities of the commonwealth, making any secondhand purchase of gold, silver or platinum, whether in the form of bulk metal, coins, watches, jewelry or any other form. The term "secondhand purchase" shall not include any purchase made by a retailer or wholesaler from a bona fide manufacturer.
(54) Proprietor alarm: An alarm system which is not serviced by an alarm business.
(55) Resident: An individual, partnership, association, corporation or other entity domiciled or having a business situs in Fayette County.
(56) Sales revenue: Receipts from the sale, lease, or rental of goods, services, or property;
(57) Sales within the urban county: Includes the following:
(a) Sales, lease, or rental of merchandise delivered to a customer or deemed to have risen from the licensee's activity within Fayette County, or
(b) Sales, lease, or rental of services performed within Fayette County for a customer.
(58) Sole proprietor: A natural person engaged in any business, profession or occupation, but not as an employee.
(59) Tax year: The calendar year or the fiscal year used by the licensee for calculation of annual net profits.
(60) Taxable net profit only within the urban county government: In case of a business entity having payroll or sales revenue only within the urban county government, net profit as defined in subsection (27) of this section;
(61) Taxable net profit both within and without the urban county government: In case of a business entity having payroll or sales revenue both within and without the urban county government, net profit as defined in subsection (27) of this section, and as apportioned under section 13-4.
(62) Temporary mall merchant: An individual who does not have a permanent location in Fayette County, who sells a service or items of merchandise from within an enclosed mall.
(63) Transfer or takeover: The transaction or process by which an alarm user takes over control of an existing alarm system previously controlled by another alarm user.
(64) Transportation ambulance service: Any person or business operating or maintaining vehicles for health care transportation for patients with stable conditions or for individuals whose impaired health condition does not indicate a need for emergency medical treatment during transit.
(65) Urban county: Fayette County.
(66) Urban county government: Lexington-Fayette Urban County Government.
(67) Verify: With reference to the monitoring of an alarm system, means a minimum of two (2) attempts by the alarm company, or its representative, to contact the alarm site of the alarm user by telephonic or other electronic means, whether actual contact with a person is made, before requesting law enforcement assistance or dispatch, in an attempt to avoid false alarms. Telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement assistance or dispatch.
(68) Zones: Subdivisions into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted.
(Ord. No. 19-81, § 1, 2-5-81; Ord. No. 53-81, § 1, 3-19-81; Ord. No. 52-83, § 1, 4-7-83; Ord. No. 143-83, § 1, 8-25-83; Ord. No. 209-85, § 1, 10-17-85; Ord. No. 18-86, § 1, 2-20-86; Ord. No. 147-90, § 1, 7-5-90; Ord. No. 207-91, § 1, 10-8-91; Ord. No. 78-94, § 1, 5-19-94; Ord. No. 225-97, § 1, 10-30-97; Ord. No. 175-99, § 1, 6-29-99; Ord. No. 311-99, §§ 1—3, 11-4-99; Ord. No. 60-2000, §§ 1, 2, 3-9-00; Ord. No. 335-2000, § 1, 11-9-00; Ord. No. 246-2004, §§ 1, 2, 9-28-04; Ord. No. 56-2005, § 1, 3-10-05; Ord. No. 267-2007, § 1, 12-6-07)