(A) Levy and imposition. For the purpose of providing funds for the general operating expenses of the city and the municipal services and functions provided thereby, and subject to the provisions of KRS 67.750 through 67.795, and except as provided in division (D) of this section, an occupational license fee is hereby levied and imposed upon everybody engaged in any franchise, trade, occupation, profession or other businesses in the city, for the privilege of that engagement.
(B) Rate. The occupational license fee that is levied and imposed by this chapter is at the rate of:
(1) Employees. Two percent (2%) of all of the gross compensation earned by an employee for labor, work or services provided in the city.
(2) Those not an employee. Two percent (2%) of the net profits of everybody, other than an employee, who is engaged in any franchise, trade, occupation, profession or other business in the city.
(C) Apportionment of net profits. Pursuant to the authority of KRS 67.753 (4), it is hereby determined that the apportionment provisions of KRS 67.753 do not fairly represent the extent of the engagement in the city of those, other than an employee, who are engaged in any franchise, trade, occupation, profession or other business both within and outside of the city ; and, accordingly, the following described property factor is hereby added to the payroll factor and the sales factor provided in KRS 67.753 for the apportionment of the net profits of those, other than an employee, who are engaged in any franchise, trade, occupation, profession or other business both within and outside of the city.
(1) The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in the city during the computation period, and the denominator of which is the average value of all of the taxpayer's real and tangible personal property owned or rented and used anywhere during the compulation period. In the determination of the property factor:
(a) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight (8) times the net annual rental rate which is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from sub-rentals.
(b) The average value of property shall be determined by averaging the values at the beginning and ending of the computation period, but the City Administrative Officer may require the averaging of monthly values during the computation period if reasonably required to reflect properly the average value of the taxpayer's property.
(2) The proportion of the total net profits everywhere of those, other than an employee, who are engaged in any franchise, trade, occupation, profession or other business both within and outside of the city that are subject to the occupational license fee established by this chapter, shall be determined by multiplying the total net profits thereof everywhere by the quotient of the total of the payroll factor and the sales factor described in KRS 67.753 (2) and (3), and the property factor described in division (C)(1) above, that the franchise, trade, occupation, profession or other business had in the city during the tax period, divided by the total number of those factors that the franchise, trade, occupation, profession or other business had in the city during the tax period. The total number of those factors that the franchise, trade, occupation, profession or other business had in the city during the tax period will always be either 1, 2 or 3. For example, if the franchise, trade, occupation, profession or other business:
(a) Had only the sales revenue factor in the city, during the tax period, without either the property factor or the payroll factor in the city, the total number of those factors that the franchise, trade, occupation, profession or other business had in the city during the tax period would be 1; or
(b) Had both the sales revenue factor and the payroll factor in the city, during the tax period, without the property factor in the city, the total number of those factors that that the franchise, trade, occupation, profession or other business had in the city during the tax period would be 2; or
(c) Had the sales revenue factor, and the payroll factor, and the property factor in the city, during the tax period, the total number of those factors that that the franchise, trade, occupation, profession or other business had in the city during the tax period would be 3.
(D) Exemptions. The following franchises, trades, occupations, professions and other businesses are exempted from the occupational license fee levied and imposed in divisions (A) and (B) of this section:
(1) Organizations that have been determined to be exempt from federal income taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended.
(2) Owners of their principal and primary residence, who let or lease no more than one (1) separate residential unit in that principal and primary residence.
(E) Administrative provisions. The provisions of this chapter shall be administered and enforced by the City Administrative Officer, who is hereby authorized to promulgate any additional regulations in regard thereto which are not inconsistent with any state statute, or any ordinance of the city, or any executive order of the Mayor.
(F) Purpose of occupational license fee. The purpose of the business regulatory license fees and the occupational license fees imposed and levied by this chapter is to fund the general operating expenses of the city, including, without limitation, police, fire, emergency medical, public works and administrative services.
(Ord. 250 (12-12-07), passed 12-12-07) Penalty, see § 110.99