As used in this article, unless the context clearly indicates otherwise:
(a) "Tax year" or "taxable year" means the year beginning July 1, and ending the next June 30 of each fiscal year commencing July 1, 1990, or the taxpayer's fiscal year when permission is obtained from the Director of Finance to use same as the tax period in lieu of the calendar year.
(b) "Person" or "company", herein used interchangeably, includes any individual, firm, copartnership, joint venture, association, corporation, trust or any other group or combination acting as a unit and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(c) "Sale", "sales" or "selling" includes any transfer of the ownership of or title to property, whether for money or in the exchange for other property.
(d) "Taxpayer" means any person liable for any tax hereunder.
(e) Collector" means the Director of Finance.
(f) "Gross income" means the gross receipts of the taxpayer, other than a banking or financial business, received as compensation for personal services and the gross receipts of the taxpayer derived from trade, business, commerce or sales and the value proceeding or accruing from the sale of tangible property, real or personal, or service, or both, and all receipts by reason of the investment of capital of the business engaged in, including rentals, royalties, fees, reimbursed costs or expenses or other emoluments however designated and including all interest, carrying charges, fees or other like income, however denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his business, and extension of credit in connection with the sale of any tangible personal property or service, and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties paid in cash or in kind or otherwise, interest or discount paid or any other expense whatsoever. Gross income of a banking or financial business is specified in Section 779.12.
(g) "Gross proceeds of sales" means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expense of any kind.
(h) "Gross income" and "gross proceeds of sales" shall not be construes to include:
(1) Cash discounts allowed and taken on sales;
(2) The proceeds of the sale of goods, wares or merchandise returned by customers when the sale price is refunded either in cash or by credit;
(3) The amount allowed as trade-in value for any article accepted as part payment for any article sold;
(4) Excise taxes imposed by this State; or
(5) Money or other property received or held by a professional person for the sole use and benefit of a client or another person or money received by the taxpayer on behalf of a bank or other financial institution for the repayment of a debt of another person.
(i) "Business" includes all activities engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. "Business" does not include a casual sale by a person who is not engaged in the business of selling the type of property involved in such casual sale. "Business" includes the production of natural resources of manufactured products which are used or consumed by the producer or manufacturer and includes the activities of a banking business or financial organization.
(j) "Banking business" or "financial organization" means any bank, banking association, trust company, industrial loan company, small loan company or licensee, building and loan association, savings and loan association, finance company, investment company, investment broker or dealer, or any other similar business organization in which at least ninety percent (90%) of the assets consists of intangible personal property and at least ninety percent (90%) of the gross receipts consists of dividends, interest and other charges derived from the use of money or credit.
(k) "Service business or calling" includes all activities engaged in by a person for other persons for a consideration, which involve the rendering of a service as distinguished from the sale of tangible property, but does not include the services rendered by an employee to his employer. "Service business or calling" includes, but is not limited to:
(1) Persons engaged in manufacturing, compounding or preparing for sale, profit or commercial use, articles, substances or commodities which are owned by another or others;
(2) Persons engaged as independent contractors in producing natural resource products which are owned by another or others, as personal property, immediately after the same are severed, extracted, reduced to possession and produced;
(3) The repetitive carrying of accounts, in the regular course and conduct of business, and extension of credit in connection with the sale of any tangible personal property or service, except as to persons taxed pursuant to the provisions of Section 779.12.
(l) "Selling at wholesale" or "wholesale sales" means and includes:
(1) Sales of any tangible personal property for the purpose of resale in the form of tangible personal property;
(2) Sales of machinery, supplies or materials which are to be directly consumed by the purchaser in the conduct of any business or activity which is subject to the tax imposed by this article;
(3) Sales of any tangible personal property to the United States of America, its agencies and instrumentalities or to the State of West Virginia, its institutions or political subdivisions.
(m) "Contracting" includes the furnishing of work, or both materials and work, in the fulfillment of a contract for the construction, alteration, repair, decoration or improvement of a new or existing building or structure, or any part thereof or for the alteration, improvement or development of real property.
(n) "New business" for the purpose of this article, means any business which has not maintained its principal place of business within the corporate limits of the City for one year next preceding its application for a tax exemption under this article. For the purposes of this article, the following shall not be deemed a “new business”.
(1) Any business which has relocated from one location within the corporate limits of the City to another location within the same.
(2) Any business engaged in by a person who previously has engaged in all or in part of a business of substantially the same nature within the City.
(3) Any business with the same name or a substantially similar name to a previously existing business within the corporate limits and substantially of the same nature but engaged in by a different person or different combination of persons.
(4) Any business engaged in by the same person or any combination thereof and substantially of the same nature as a previously existing or existing business but having a different name.
(5) The purchase or lease of existing real property or the rental or lease thereof.
(6) Contracting as defined in subsection (m) hereof.
(Ord. 0-1248. Passed 11-28-06.)
(o) "Existing annexed business", for the purposes of this article, means any existing business located in territory annexed by the City on or after August 1, 1995, and which was in existence and operating as a business as of the date of such annexation.
(p) "New business in annexed territory", for the purposes of this article, means any new business locating in territory annexed by the City on or after August 1, 1995, but which was not in existence and operating as a business as of the date of such annexation. (Ord. 0-781. Passed 8-8-95.)
(q) “Newly annexed development area”, for the purposes of this article, means a parcel or tract of land annexed into the City on or after January 1, 2001, and on which public infrastructure improvements not in existence prior to annexation are made.
(r) “Eligible infrastructure improvements”, for the purposes of this article, means: roadways built to City specifications and dedicated to and accepted by the City as a public street; storm drainage directly associated with such street; water and sanitary sewer improvements located within the public right-of-way and to be maintained by the Parkersburg Utility Board; traffic signals as required by the City or State of West Virginia; sidewalks within public rights-of-way; and other improvements of a public nature as deemed appropriate by the City Engineer. Work on all such improvements must commence within five years of the effective date of annexation.
(s) “Ineligible infrastructure improvements”, for the purposes of this article, means: parking lots; entranceways to private drives; private drives; roof drains; directional signs; advertising signs; traffic signals not required by the City or State of West Virginia; site preparation costs not associated with eligible infrastructure improvements; sidewalks not within public rights-of-way; and any other costs deemed inappropriate by the City Engineer.
(t) “Other ineligible improvements or costs”, for the purposes of this article, means buildings (except as required for sewer lift stations or water pump stations); landscaping; fountains; interest costs associated with short-term and/or long-term financing of improvements, eligible or ineligible; and any other costs deemed inappropriate by the City Engineer or Finance Director.
(u) “B&O rebate”, for the purposes of this article, means business and occupation tax, collected under the provision of this article and placed in an escrow account, paid back to the developer or a newly annexed development area upon determination by the City Engineer that the actual costs of all eligible improvements are appropriate and that such improvements meet all applicable City and State codes; and upon determination by the City Finance Director that all taxes due under the provisions of this article in the newly annexed development area have been paid. The rebated amount shall be no more than the actual costs incurred for eligible improvements as approved by the City Engineer. (Ord. 0-978. Passed 2-27-01.)