(A) Business District taxes imposed. For the planning, execution and implementation of the Dorothy Drive Business District Plan and to pay for Dorothy Drive Business District project costs as set forth in the Plan, all as provided in the Business District Act, the city hereby imposes the following taxes (collectively, the “Business District taxes”).
(1) Retailers’ occupation tax. Except as otherwise provided in division (A)(3) of this section, there is hereby imposed upon all persons engaged in the Dorothy Drive Business District, in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the state, at retail within the Business District, a retailers’ occupation tax at a rate equal to 1.0% of the gross receipts from the sales made in the course of the business.
(2) Service occupation tax. Except as otherwise provided in division (A)(3) of this section, there is hereby imposed upon all persons engaged in the Dorothy Drive Business District in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the Dorothy Drive Business District, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, a service occupation tax at a rate equal to 1.0% of the selling price of tangible personal property so transferred within the Dorothy Drive Business District.
(3) Exclusions from tax. The retailers’ occupation tax and the service occupation tax imposed pursuant to this section shall not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics, for human use.
(B) Business District taxes deposited to Fund. It is hereby expressly provided that each distribution to the city by the state of the Business District taxes shall be deposited by the City Treasurer upon receipt into the Fund and shall be used as provided in the Business District Act.
(C) Termination of Business District taxes and Fund. When all Dorothy Drive Business District project costs, including without limitation all obligations financing Dorothy Drive Business District project costs incurred under § 11-74.3-3 of the Business District Act, have been paid in full, all surplus funds then remaining in the Fund shall be distributed to the City Treasurer for deposit to the General Corporate Fund of the city. Upon payment of all the Dorothy Drive Business District project costs and the retirement of all the Dorothy Drive Business District obligations, but in no event later than September 19, 2028, the city shall adopt an ordinance immediately rescinding the Business District Taxes, and the Fund shall be closed.
(D) Other actions. The Mayor, the City Clerk and the proper officers, officials, agents and employees of the city are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to carry out and comply with the provisions of and to further the purposes and intent of this section, including the preamble to Ordinance 2005-27.
(Ord. 2005-27, passed 10-3-2005)