(a) Net profit from a business or profession conducted both within and without the boundaries of the Municipality shall be considered as having a taxable situs in the Municipality for the purpose of the tax in the same proportion as the average ratio of:
(1) The average original cost of the real and tangible personal property owned or used by the taxpayer in the business or profession in the Municipality during the taxable period to the average original cost of all of the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated.
As used in the preceding paragraph, real property shall include property rented or leased by the taxpayer, and the value of such property shall be determined by multiplying the annual rental thereon by eight.
(2) Wages, salaries and other compensation and other income paid during the taxable period to persons employed in the business or profession for services performed in the Municipality to wages, salaries and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed.
(3) Gross receipts of the business or profession from sales made and services performed during the taxable period in the Municipality to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.
(b) In the event that the foregoing apportionment formula does not produce an equitable result, another basis may, under uniform regulations, be substituted by the Administrator or his or her delegate, so as to produce such result.
(c) As used in this chapter, "sales made in the Municipality" means:
(1) All sales of tangible personal property which is delivered within the Municipality regardless of where title passes, if shipped or delivered from a stock of goods within the Municipality;
(2) All sales of tangible personal property which is delivered within the Municipality, regardless of where title passes, even though transported from a point outside of the Municipality, if the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within the Municipality and the sales result from such solicitation or promotion; and
(3) All sales of tangible personal property which is shipped from a place within the Municipality to purchasers outside the Municipality, regardless of where title passes, if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made.
(Ord. 2002-141. Passed 1-7-03; Ord. 2004-25. Passed 5-4-04.)