2007524.2
ORDINANCE NO. ___________
Adopting Business License Code for the Year 2008 and
Each Subsequent Year, Including Schedule of Licenses and Fees,
Amending Article III of Chapter 74 of the City Code
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN,
ALABAMA, as follows:
Section 1.
Article III of Chapter 74 of the City Code is amended to read as follows:
Sec. 74-61.
Levy of Tax.
Pursuant to the Code of Alabama, the following is hereby declared to be and is adopted
as the business license code and schedule of licenses for the city for the year beginning January
1, 2008, and for each subsequent year thereafter. There is hereby levied and assessed a business
license fee for the privilege of doing any kind of business, trade, profession or other activity in
the city.
Sec. 74-62.
Definitions.
Unless the context clearly requires otherwise, the following terms shall have the meaning
set forth below:
(1) Business. Any commercial or industrial activity or any enterprise, trade, profession,
occupation, or livelihood, whether or not carried on for gain or profit, and whether or not
engaged in as a principal or as an independent contractor, which is engaged in, or caused to be
engaged in, within the city.
(2) Business license. An annual license issued by the city for the privilege of doing any
kind of business, trade, profession, or any other activity in the city which document is required to
be conspicuously posted or displayed except to the extent the taxpayer’s business license tax or
other financial information is listed thereon.
(3) Business license remittance form. Any business license return, renewal reminder
notice, or other writing on which the taxpayer calculates the business license tax liability for all
or part of the license year and remits the amount so calculated with the form.
(4) Department or department of revenue. The Alabama Department of Revenue, as
created under Alabama Code §§40-2-1 et seq.
(5) Designee. An agent or employee of the city (including the city license officer)
authorized to administer or collect the city's business license taxes, which may include another
taxing jurisdiction, the Department of Revenue, or a private auditing or collecting firm as defined
in Alabama Code §40-2A-3.
(6) Gross receipts. The measure of any and all receipts of a business from whatever
source derived, to the maximum extent permitted by applicable laws and constitutional
provisions, to be used in calculating the amount due for a business license, provided, however,
that:
(a)
Gross receipts shall not include any of the following taxes collected by the
business on behalf of any taxing jurisdiction or the federal government: All taxes which are
imposed on the ultimate consumer, collected by the taxpayer and remitted by or on behalf of the
taxpayer to the taxing authority, whether state, local or federal, including utility gross receipts
levied pursuant to Article 3 of Chapter 21 of Title 40, Alabama Code; license taxes levied
pursuant to Article 2 of Chapter 21 of Title 40, Alabama Code; or reimbursements to
professional employer organizations of federal, state or local payroll taxes or unemployment
insurance contributions; but no other deductions or exclusions from gross receipts shall be
allowed except as provided in this chapter.
(b)
A different basis for calculating the business license may be used by the city with
respect to certain categories of taxpayers as prescribed in Alabama Code §11-51-90(b).
(c)
For a utility or other entity described in Alabama Code §11-51-129, gross receipts
shall be limited to the gross receipts derived from the retail furnishing of utility services within
the city during the preceding year that are taxed under Article 3 of Chapter 21 of Title 40 of
Alabama Code, except that nothing herein shall affect any existing contract or agreement
between a municipality and a utility or other entity. The gross receipts derived from the
furnishing of utility services shall not be subject to further business license taxation by the city.
(d)
Gross receipts shall not include dividends or other distributions received by a
corporation, or proceeds from borrowing, the sale of a capital asset, the repayment of the
principal portion of a loan, the issuance of stock or other equity investments, or capital
contributions, or the undistributed earnings of subsidiary entities.
(7) License form. Any business license application form, renewal reminder notice,
business license remittance form, or business license return, by whatever name called.
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(8) License officer or city license officer. The city employee charged by the city with the
primary responsibility of administering the city's business license tax ordinance and matters
related thereto. The Director of Revenue and the employees of the City Revenue Department
under the supervisions of the Director are charged with these responsibilities.
(9) License year. The calendar year.
(10) Municipality. Any town or city in Alabama that levies a business license tax from
time to time. The term shall also include the town’s or city’s police jurisdiction, where the
business license tax is levied in the police jurisdiction. The city of Gadsden does not levy a
business license tax in the police jurisdiction.
(11) Person. Any individual, association, estate, trust, partnership, limited liability
company, corporation, or other entity of any kind, except for any nonprofit corporation formed
under the laws of Alabama which is operated to enable municipalities that become members of
such nonprofit corporation to finance or refinance capital projects and related undertakings, on a
cooperative basis, and whose board of directors or other governing body consists primarily of
elected officials of the city.
(12) Taxing jurisdiction. Any municipality that levies a business license tax, whether or
not a business license tax is levied within its police jurisdiction, or the Department of Revenue
acting as agent on behalf of a municipality pursuant to Alabama Code §§11-51-180 et seq., as the
context requires.
(13) Taxpayer. Any person subject to or liable under this chapter for any business license
tax; any person required to file a return with respect to, or pay or remit the business license tax
levied under this chapter or to report any information or value to the city; or any person required
to obtain, or who holds any interest in, any business license issued by the city; or any person that
may be affected by any act or refusal to act by the city under this chapter, or to keep any
information required by this chapter.
(14) U.S.C. The applicable title and section of the United States Code, as amended from
time to time.
(15) Other terms. Other capitalized or specialized terms used in this chapter, and not
defined above, shall have the same meanings ascribed to them in Alabama Code §40-2A-3,
unless the context therein otherwise specifies.
Sec. 74-63. Duties of director of revenue.
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The director of revenue shall diligently exercise the following duties of the office:
(1)
Perform duties assigned by this ordinance to the city license officer;
(2)
Keep correct and proper records of all transactions;
(3)
See that no person escapes the payment of the tax required in this ordinance or
engages in business at a different place than authorized in the license or engages in business
under a transferred license or an assumed name;
(4)
See that no frauds are perpetrated upon the city by persons petitioning for
exemptions or by persons claiming immunity from license;
(5)
Issue licenses and receive monies for licenses;
(6)
Daily deliver all monies received to the director of finance and obtain a proper
receipt therefor;
(7)
Report to the city attorney all delinquent taxpayers which, in the director of
revenue's opinion, should have legal action instituted against them;
(8)
Be responsible for all business of a licensing nature; and
(9)
Such other duties as may be delegated or assigned by the mayor.
Sec. 74-64. License term; minimums; renewal; payment.
The license term and the minimum amount for a business license are as follows:
(a)
Full Year. Every person who commences business before July 1 shall be subject
to and shall pay the annual license for such business in full. Unless otherwise specified in this
article, the minimum annual license shall be $100.00.
(b)
Half Year. Every person who on or after July 1 commences a business which is
assessed a flat rate license shall be subject to and shall pay one-half the annual license for such
business for that calendar year.
(c)
Issuance Fee. For each license issued, an issuance fee of the maximum amount
allowed by Alabama Code §11-51-90(a)(2), as the same may be amended from time to time,
shall be collected in the same manner as the license tax.
(d)
Annual Renewal. Except as provided in subsections (i) or (ii), the business license
shall be renewed annually on or before January 31 of each year.
(i) Insurance company annual license renewals shall be renewed in accordance
with Alabama Code §11-51-122, which states that each year, each insurance company
shall furnish the city a statement in writing duly certified showing the full and true
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amount of gross premiums received during the preceding year and shall accompany such
statement with the amount of license tax due according to the licensing schedule. Failure
to furnish such statement or to pay such sum shall subject the company and its agents to
those penalties as prescribed for doing business without a license as provided for in the
city code.
(ii) On or before December 31 of each year, a renewal reminder notice shall be
mailed to each licensee that purchased a business license during the current year. The
renewal notice shall be mailed by regular U.S. mail to the licensee's last known address
of record with the city. Licensees are required to furnish the city any address changes for
their business prior to December 1 in order for them to receive their notice.
(iii) Business license renewal payments received by the city shall be applied to the
current renewal only when any debts the licensee owes to the city are first paid in full. No
business license shall be issued if the current renewal payment does not meet said prior
obligations and the current renewal. Failure to pay such sums shall subject the licensee
and its agents to those penalties as prescribed for doing business without a license
provided for in the city code.
(e)
Deadline for mailing renewal application. Any license renewal application
submitted by mail will be deemed to have been received by the applicable due date in subsection
(d) if it bears a postmark on or before the applicable due date. Since some post offices stop
postmarking of mail early (that is, before midnight) in order to allow time to dispatch the mail, it
is the responsibility of the licensee to contact the local post office to determine the correct cutoff
time.
(f)
Due date falling on Saturday, Sunday or holiday. Where the due date provided in
subsection (d) falls on a Saturday, Sunday or municipal holiday, the due date shall be extended to
the next day which is not a Saturday, Sunday or municipal holiday. The postmark rules in
subsection (e) shall apply to that day as if it were the due date.
(g)
Billing for unpaid amount. If the amount paid is not sufficient to cover the all fees
and penalties due, the excess shall be billed by the revenue department. If the excess is not paid
within 30 days, the license shall be revoked.
(h)
Waivers. If payment is delayed because of extraordinary events which are beyond
the control of the licensee, and the licensee makes a written request, the license officer is
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authorized to grant a waiver of any or all the delinquent penalty for a period not extending
beyond February 15. Extraordinary events include such things as acts of God, catastrophes,
natural disasters, civil emergencies, major computer system failures, etc.
(i)
Credit for payment.
No license fee paid by check or draft shall be valid or of
any force or effect unless and until such instrument has been duly paid by the drawee upon
presentation.
Sec. 74-65. Exemptions.
The following persons shall be exempt from payment of the stated amount on one license
per year under this article:
(1)
All blind persons (as that term is defined in Alabama Code §40-12-330) shall be
exempt from payment of the first $75.00 of license tax.
(2)
All disabled veterans (as that term is defined in Alabama Code §40-12-340) shall
be exempt from payment of the first $25.00 of license tax.
(3)
All veterans (as that term is defined in Alabama Code §40-12-370) shall be
exempt from payment of the first $35.00 of license tax.
(4)
All farmers or others engaged in the production of farm products of whatever
nature shall be exempt from the payment of any license tax for the sale or other disposition of
articles produced by them at any place upon presentation of a certificate from the county
agricultural agent that the produce or nursery product was grown by the person.
(5)
Government entities and associations thereof are exempt from any license
requirements.
(6)
Organizations operated by nonprofit corporations are exempt from any license
requirements.
Sec. 74-66. Special permits for nonprofit enterprises.
The license officer shall issue special permits, without the payment of any license fee or
other charges therefor, to any person for the conduct or operation of a nonprofit enterprise, either
regularly or temporarily, when he finds that the applicant operates without private profit for a
public, charitable, educational, literary, fraternal or religious purpose. An application shall be
made for such special permit upon forms prescribed by the license officer and shall include such
information as the license officer shall require. A person operating under a special permit shall
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operate his nonprofit enterprise in compliance with all applicable rules, regulations, ordinances
and laws.
Sec. 74-67. License application process.
(a)
Submission of application. Every person required to procure a license under the
provisions of any ordinance of the city shall submit an application for such license to the license
officer.
(b)
Disclosure of necessary information. The application shall be a written statement
upon forms provided by the license officer and shall require disclosure of all information
necessary to comply with this ordinance and any other information which the license officer shall
find to be reasonably necessary to the fair administration of this article.
(c)
Truthful information.
The application shall include a statement that the
information provided is, to the best knowledge of the applicant, a true and correct report of the
business and person(s) listed on the application.
(d)
Designation of name, classification and location. Each license issued by the
license officer shall designate the name of the person to whom issued, the classification of the
business and the location of the business.
(e)
Records check. Whenever under any provision of the city code or of state law a
background check is required of a licensee, an applicant for a license or any employee, then the
police chief shall review local police records and the applicant shall submit a records check from
the state, paying for such records check, and provide the records check to the license officer.
Sec. 74-68. Determination of license tax.
(a)
License taxes shall be in the amounts established in this article and as further
determined under this section.
(b)
Persons paying a license tax based on gross receipts shall pay at least the
minimum license tax required, regardless of when business commences. When an existing
business is taken over by a new owner or operator and the license tax is based on gross receipts,
the amount of the license tax will be based on gross receipts of the preceding year regardless of
whether the present owner was the owner or operator during the preceding year.
(c)
For licensees located outside the city, the term "gross receipts" includes only that
merchandise sold and/or delivered within the city.
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(d)
The amount of license tax shall be computed by using the appropriate schedule
from this article and using the previous calendar year's gross receipts to make the computation.
(e)
The amount of license tax for a new business shall be based on an estimate of the
gross receipts expected from the date the business commences operation until the end of the year.
This will be considered a deposit on the license tax due. At the end of the year the license tax for
the actual gross receipts will be computed in accordance with subsection (d). Appropriate
adjustments will be made by the licensee paying the balance due or the city giving a credit for
the difference on the forthcoming year's license.
Sec. 74-69.
(a)
License shall be location specific.
For each place at which any business is carried on, a separate license shall
obtained and paid. Any person desiring to engage in any business for which a license is required
shall designate the place at which business is carried on. The license to be issued shall designate
such place. The license shall authorize the carrying on of such business only at the place
designated.
(b)
Every person dealing or engaging in two or more of the businesses, vocations,
occupations or professions scheduled herein, shall take out and pay for a license for each line of
business.
(c)
A taxpayer subject to the license authorized by this article that is engaged in
business in another municipality may account for its gross receipts so that the part of its gross
receipts attributable to its branch offices will not be subject to the business license imposed by
this article. To establish a bona fide branch office, the taxpayer must demonstrate proof of all the
following criteria:
(i)
The taxpayer must demonstrate the continuing existence of an actual
facility located outside the city in which its principal business office is located, such as a
retail store, outlet, business office, showroom, or warehouse, to which employees and/or
independent contractors are assigned or located during regular normal working hours.
(ii)
The taxpayer must maintain books and records, which reasonably indicate
a segregation or allocation of the taxpayer's gross receipts to the particular facility of
facilities.
(iii)
The taxpayer must provide proof that separate telephone listings, signs,
and other indications of its separate activity are in existence.
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(iv)
Billing and/or collection activities relating to the business conducted at the
branch office or offices are performed by an employee or other representative of the
taxpayer who has such responsibility for the branch office.
(v)
All business claimed by a branch office or offices must be conducted by
and through said office or offices.
(vi)
The taxpayer must supply proof that all applicable business licenses with
respect to the branch office or offices have been issued.
(d)
Nothing herein shall be construed as exempting a business from payment of a
license on the basis of a lack of physical location.
Sec. 74-70. Restriction on transfer of license.
No license shall be transferred except with the consent of the city council or of the city
license officer or his or her designee. No license shall be transferred to reflect a physical change
of address of the taxpayer within the city more than once during a license year and never from
one taxpayer to another. A mere change in the name or ownership of a taxpayer that is a
corporation, partnership, limited liability company or other form of legal entity now or hereafter
recognized by the laws of Alabama shall not constitute a transfer for purposes of this chapter,
unless (1) the change requires the taxpayer to obtain a new federal employer identification
number or Department of Revenue taxpayer identification number or (2) the subject license is
one for the sale of alcoholic beverages. Any licensee moving from one location to another shall
notify the city license officer prior to the moving date. Movement to any new location requires
the licensee to obtain a certificate of occupancy from the building department.
Sec. 74-71. Unlawful to do business without a license.
It shall be unlawful for any person, taxpayer, or agent of a person or taxpayer to engage
in a business or vocation in the city without first having procured a license.
Sec. 74-72. Unlawful to make false statement.
It shall be unlawful for any person to knowingly and willfully make any false statement,
certificate or affidavit as to the volume of gross receipts, revenues, business, amount of capital
invested in business, number of employees or vehicles used or any information required by this
article to be given to the license officer for the purpose of defrauding the city by procuring a
license for a sum less than is lawfully due.
Sec. 74-73. License must be posted.
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(a)
Every license shall be posted in a conspicuous place, where said business, trade or
occupation is carried on. The holder of the license shall immediately show same to the designee
of the city upon being requested so to do.
(b)
Every licensee shall:
(1)
Carry such license on his person when he has no licensed business premises.
(2)
Affix any insignia delivered for use in connection therewith upon the outside of
any coin, vending, game or other business machine or device, so that it may be seen at all times.
(3)
Not allow any license, special permit or insignia to remain posted, or displayed, or
used, after the period for which it was issued has expired, or when it has been suspended or
revoked or for any other reason become ineffective. The licensee shall promptly return such
inoperative license, special permit or insignia to the license officer.
(4)
Not loan, sell, give or assign to any other person, or allow any other person to use
or display, or to destroy, damage or remove, or to have in his possession, except as authorized by
the license officer or by law, any license or insignia which has been issued to such licensee.
Sec. 74-74. Duty to file report.
(a)
It shall be the duty of every person subject to such license tax to render to the city
on such forms as may be required, a sworn statement showing the total business done, amount of
sales, gross receipts and gross sales, stock, value of furniture and other equipment, capital
invested, number of helpers or employees, amount of space occupied, or other factor described in
the schedule, one or several, as the case may require, for the ascertainment of the classification
of such person for license taxation purposes and the correct amount of license tax to which he is
subject.
(b)
If the city determines that the amount of business license tax reported on or
remitted with any business license remittance form is incorrect, if no business license remittance
form is filed within the time prescribed, or if the information provided on the form is insufficient
to allow the city to determine the proper amount of business license tax due, the city may
calculate the correct amount of the tax based on the most accurate and complete information
reasonably obtainable and enter a preliminary assessment for the correct amount of business
license tax, including any applicable penalty and interest.
(c)
The city will promptly mail a copy of any preliminary assessment to the
taxpayer's last known address by either first class U.S. mail or certified U.S. mail with return
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receipt requested. In lieu of mailing, the city may deliver the preliminary assessment to the
taxpayer by personal delivery.
(d)
If the amount of business license tax remitted by the taxpayer is undisputed by the
city, or if the taxpayer consents to the amount of any deficiency or preliminary assessment in
writing, the city may enter a final assessment for the amount of the tax due, plus any applicable
penalty and interest.
(e)
(1)
If a taxpayer disagrees with a preliminary assessment as entered by the
city, the taxpayer may file a petition for review with the city license officer within 30 days from
the date of entry of the preliminary assessment setting out the specific objections to the
preliminary assessment. If a petition for review is timely filed, the city license officer shall
schedule a conference with the taxpayer for the purpose of allowing the taxpayer or its
representatives and the representatives of the city to present their respective positions, discuss
any omissions or errors, and to attempt to agree upon any changes or modifications to their
respective positions.
(2)
If a petition for review is not timely filed, or is timely filed and upon further
review the license officer determines that the preliminary assessment is due to be upheld in
whole or in part, the city may make the assessment final in the amount of business license tax
due as computed by the license officer, with applicable interest and penalty computed to the date
of entry of the final assessment. The license officer should, whenever practicable, complete his
or her review of the taxpayer’s petition for review and applicable law within 90 days following
the later of the date of filing of the petition or the conference, if any.
(3) A copy of the final assessment upon entry shall promptly be mailed to the taxpayer's
last known address (i) by either first class U.S. mail or certified U.S. mail with return receipt
requested in the case of assessments of business license tax of $500.00 or less, or (ii) by certified
U.S. mail with return receipt requested in the case of assessments of business license tax of more
then $500.00. In either case, at the option of the city, a copy of the final assessment may be
delivered to the taxpayer by personal delivery. The final assessment shall include a statement
informing the taxpayer of his or her right to appeal the final assessment to an administrative
hearing officer appointed by the city council or to circuit court within 30 days from the date of
the entry of the final assessment.
Sec. 74-75. Duty to permit inspection and produce records.
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Upon demand by the designee of the city, it shall be the duty of all licensees to:
(a)
Permit the designee of the city to enter the business and to inspect all portions of
his place or places of business for the purposes of enabling the designee to gain such information
as may be necessary or convenient for determining the proper license classification, and
determining the correct amount of license tax;
(b)
To furnish information during reasonable business hours, at the licensee's place of
business, in the city, all books of account, invoices, papers, reports and memoranda containing
entries showing amount of purchases, sales receipts, inventory and other information from which
the correct license tax classification of such person may be ascertained and the correct amount of
license tax to which he is subject may be determined, including exhibition of bank deposit books,
bank statements, copies of sales tax returns to the State of Alabama, copies of Alabama income
tax returns and federal income tax returns.
(c)
The director of revenue is authorized to establish policies and procedures for the
audit and assessment of taxpayers, including rights of review and appeal, all in accordance with
the requirements of the Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures
Act, Alabama Code §§40-2A-1 et seq., and may revise such policies and procedures as
appropriate and in accordance with state law.
Sec. 74-76. Unlawful to obstruct.
It shall be unlawful for any person, or for any agent, servant or employee of such person,
to fail or refuse to perform any duty imposed by this chapter; nor shall any person, agent, servant
or employee of such person obstruct or interfere with the designee of the city in carrying out the
purposes of this chapter .
Sec. 74-77. Privacy.
(a)
It shall be unlawful for any person connected with the administration of this
chapter to divulge any information obtained in the course of inspection and examination of the
books, papers, reports and memoranda of the taxpayer made pursuant to the provisions of this
chapter, except to the mayor, the city attorney or others authorized by law to receive such
information described herein.
(b)
It shall be unlawful for any person to print, publish, or divulge, without the
written permission or approval of the taxpayer, any license application or remittance form of any
taxpayer or any part of the license application or remittance form, or any information secured in
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arriving at the amount of tax or value reported, for any purpose other than the proper
administration of any matter administered by the city, or upon order of any court, or as otherwise
allowed in this article.
(c)
Nothing herein shall prohibit the disclosure of the fact that a taxpayer has or has
not purchased a business license. Statistical information pertaining to taxes may be disclosed to
the city council upon their written request through the Mayor's office. It shall be unlawful for any
person to violate the provisions of this section.
Sec. 74-78. Failure to file assessment.
(a)
In any case where a person subject to paying a license tax as provided herein fails
to do so, the city designee shall be authorized to assess and determine the amount of license taxes
due using the best information available either by return filed or by other means.
(b)
The taxpayer shall be notified by registered or certified mail, or by personal
service, of the amount of any such assessment, and of his right to appear before the city council
on a day named, not less than 20 days from the date of notice, and to show cause why such
assessment shall not be made final. The appearance may be made by agent or attorney.
(c)
If no showing is made on or before the date fixed in such notice, or if such
showing is not sufficient in the judgment of the city, such assessment shall be made final in the
amount originally fixed, or in such other amount as is determined by the city to be correct. If
upon such hearing the city designee finds a different amount due than that originally assessed,
he/she shall make the assessment final in the correct amount, and in all cases shall notify the
taxpayer of the assessment as finally fixed.
(d)
A notice by the United States mail, addressed to the taxpayer's last known place
of business, shall be sufficient. Any assessment made by the designee of the city shall be prima
facie correct upon any appeal.
Sec. 74-79. Lien for non-payment of license tax.
On all property, both real and personal, used in the business, the city shall have a lien for
such license, which lien shall attach as of the date when the license is due, as allowed by
Alabama Code §11-51-44.
Sec. 74-80. Criminal penalties.
Any person found guilty of violating any of the provisions of this chapter shall be fined in
an amount not less than $50.00 and not more than $500.00, and may also be sentenced to
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imprisonment for a period of not exceeding six months, in the discretion of the court trying the
case. Violations on separate days shall each constitute a separate offense.
Sec. 74-81. Injunctive relief; nuisance.
In addition to the remedies provided by Alabama Code §§11-51-150 et seq., the
continued or recurrent performance of any act or acts within the corporate limits for which a
license may be revoked or suspended under this chapter is hereby declared to be detrimental to
the health, safety, comfort and convenience of the public and is a nuisance. The city, as an
additional or alternative remedy, may institute injunctive proceedings in a court of competent
jurisdiction to abate the same.
Sec. 74-82. Civil penalties and interest.
(a)
All licenses not paid within 30 days from the date they fall due shall be increased
by 15% for the first 30 days they shall be delinquent, and shall be increased by an additional
15% for a delinquency of 60 or more days, but this provision shall not be deemed to authorize
the delay of 30 days in the payment of the license due, which may be enforced at once.
(b)
In the case of persons who began business on or after the first day of the calendar
year, the license for such new business shall be increased by 15% for the first 15 days they shall
be delinquent, and shall be measured by an additional 15% for a delinquency of 45 days or more.
(c)
All delinquent accounts for license taxes, but not for penalties, shall also be
charged simple interest on the license tax owed at the maximum rate allowed pursuant to
Alabama Code §§11-51-192 and 11-51-208(f), as the same may be amended from time to time.
Sec. 74-83. Qualifications of applicants for license.
(a)
The general standards set out in this section relative to the qualifications of every
applicant for a license shall be considered and applied by the license officer.
(b)
The applicant shall:
(1)
Not be in default under the provisions of this article or indebted or obligated in
any manner to the city except for current taxes.
(2)
Present a certificate of occupancy by the building official to the effect that the
proposed use of any premises is not a violation of city zoning or building regulations.
(3)
Comply with all provisions of applicable city ordinances as certified by the
responsible officer or department.
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(4)
Comply with regulations promulgated under Alabama Code §22-20-5, relating to
establishments handling food and providing public accommodations.
(5)
Comply with applicable provisions of state and federal law.
Sec. 74-84. License not to be issued if taxes unpaid or report delinquent.
No business license shall be issued or renewed whenever any one or more of the
following circumstances exists:
(1)
The applicant or licensee owes an unpaid license fee or tax of any kind to the city
for which a final assessment has been issued and for which all direct appeals have been
exhausted.
(2)
The applicant or licensee has an outstanding obligation to file a license or tax
return or report to the city and is delinquent in filing the return or report.
Sec. 74-85. Procedure for denial of new applications.
(a)
The city designee shall have the authority to investigate all applications and may
refer any application to the city council for a determination of whether such license should or
should not be issued.
(b)
If the city council denies the issuance of any license referred to it, the city clerk
shall promptly notify the applicant of the city council’s decision.
(c)
If an applicant desires to appear before the city council to show cause why the
license should be issued, he shall file a written notice with the city clerk, said notice to be filed
within two weeks from the date of mailing by the city clerk of the notice of the denial of such
license by the city council.
(d)
Upon receipt of said notice the city clerk shall promptly schedule a hearing, to be
held within 15 days from the date of receipt of such notice, before the city council and shall give
the notice of the date, time and place of said hearing to the applicant.
(e)
The applicant shall be given the opportunity to appear personally, or through his
counsel, or both, and the city council shall proceed to hear any evidence which may be presented
both for and against the issuance of said license.
(f)
If the city council determines from the evidence presented that in order to either
provide for the safety, preserve the health, promote the prosperity, or improve the morals, order,
comfort and convenience of the inhabitants of the city said license should not be granted, it shall
15
enter an order to that effect; otherwise, said license shall be ordered issued upon payment of any
required license fees.
Sec. 74-86. Procedure for revocation or suspension of license.
(a)
Any lawful license issued to any person to conduct any business shall be subject
to revocation by the city council for the violation by the licensee, his agent, servant, or employee
of any provision of this chapter or of any ordinance of the city, or any statute of the state relating
to the business for which such license is issued.
(b)
The license shall also be subject to revocation by the city council if the licensee,
his agent, servant, or employee under color of such license violates or aids or abets in violating
or knowingly permits or suffers to be violated any penal ordinance of the city or any criminal
law of the state.
(c)
The license shall also be subject to revocation by the city council if, in connection
with the issuance or renewal of any license, the licensee or his agent filed or caused to be filed
any application, affidavit, statement, certificate, book, or any other data containing any false,
deceptive or other misleading information or omission of material fact.
(d)
The conditions set forth as grounds for the revocation of a license shall also
constitute grounds for refusing to renew a license.
(e)
The city council shall set a time for hearing on the matter of revoking or refusing
to renew a license. A notice of such hearing shall be given to the licensee, or the applicant for
renewal, as the case may be, at least ten days before the day set for the hearing. At the hearing,
the city council shall hear all evidence offered by any party and all evidence that may be
presented bearing upon the question of revocation or the refusal of renewal, as the case may be.
(f)
When the conduct of any licensee, agent or employee is so inimical to the public
health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency,
the license officer shall have the authority to summarily order the cessation of business and the
close of the premises or to suspend or revoke the license. Unless waived in writing, within seven
days after the license officer has acted summarily, the city council will consider the matter at a
public hearing as provided in subsection (e).
(g)
If any license is revoked, no part of the fees paid shall be refunded to the licensee.
The unearned part shall be forfeited to the city.
16
(h)
Whenever a license is revoked, no license to do business of the same or similar
kind shall be issued to such person until two years have expired since the date of revocation;
provided, however, the city council may by resolution authorize such licensing at its discretion.
(i)
Grounds for revocation or suspension of a license are as follows:
(1)
Aiding, abetting, countenancing or encouraging the use of the premises by
persons who violate the criminal laws of this state and city on the premises.
(2)
Being delinquent in payment to the city of any license fee or tax of any kind or
nature levied upon and due by the licensee.
(3)
Aiding, abetting, countenancing or encouraging a condition which violates health,
litter and sanitary rules and regulations of the state, county or city.
(4)
Operating a business in a location where such business is not authorized by city
ordinances.
(5)
Violating an ordinance of the city.
(6)
Creating a nuisance to the community.
Sec. 74-87. Refunds on overpayments.
(a)
Any taxpayer may file a petition for refund with the city for any overpayment of
business license tax erroneously paid to the city. If a final assessment for the tax has been entered
by the city, a petition for refund of all or a portion of the tax may be filed only if the final
assessment has been paid in full prior to or simultaneously with the filing of the petition for
refund.
(b)
A petition for refund shall be filed with the city within two years from the date of
payment of the business license tax, which is the subject of the petition.
(c)
The city shall either grant or deny a petition for refund within six months from the
date the petition is filed, unless the period is extended by written agreement of the taxpayer and
the city. The taxpayer shall be notified of the city’s decision concerning the petition for refund
by first class U.S. mail or by certified U.S. mail, return receipt requested, sent to the taxpayer’s
last known address. If the city fails to grant a full refund within the time provided herein, the
refund petition shall be deemed to be denied.
(d)
If the petition is granted or the city or a court otherwise determines that a refund is
due, the overpayment shall be promptly refunded to the taxpayer by the city, together with
interest to the extent provided for in Alabama Code §11-51-92. If the city determines that a
17
refund is due, the amount of overpayment plus any interest due thereon may first be credited by
the city against any outstanding tax liabilities due and owing by the taxpayer to the city, and the
balance of any overpayment shall be promptly refunded to the taxpayer. If any refund or part
thereof is credited to any other tax by the city, the taxpayer shall be provided with a written
detailed statement showing the amount of overpayment, the amount credited for payment to
other taxes, and the resulting amount of the refund.
(e)
A taxpayer may appeal from the denial in whole or in part of a petition for refund
by filing a notice of appeal with the clerk of the circuit court of Etowah County. The notice of
appeal must be filed within two years from the date the petition was denied. The circuit court
shall hear the appeal according to its own rules and procedures and shall determine the correct
amount of refund due, if any. If an appeal is not filed with the appropriate circuit court within
two years of the date the petition was denied, then the appeal shall be dismissed for lack of
jurisdiction.
(f)
Except as provided in this section, no rebate or refund of any license fee or part
thereof shall be made by reason of the non-use of such license or by reason of a change of
location or business rendering the use of such license ineffective.
(g)
The city license officer may refund a license fee or a prorated portion thereof
(1)
The license fee was collected through an error.
(2)
The licensee has been prevented from enjoying the full license privilege due to his
where:
death or incapacity to engage in such business.
(3)
The licensed business is forced to close before the expiration of the license period
by reason of the taking over of the licensed premises by a governmental entity.
(4)
The licensed business was destroyed by fire or other casualty through no fault of
the licensee.
(h)
A rebate or refund as provided in this section shall be based upon the number of
days in the license period remaining after the occurrence of the event relied upon for rebate.
Sec. 74-88. Use of streets.
Subject to the provisions of Section 74-89, each person using the streets, avenues, alleys
or other public roads of the city for unloading, distributing, disposing of, or delivering goods,
wares, produce or merchandise of any kind which was transported from a point outside the city
18
to a point inside the city shall pay a license fee equal to, but not in excess of, that paid for a like
volume by local licensees engaged in the same or similar business.
Sec. 74-89. Delivery License.
(a)
In lieu of any other type of license, a taxpayer may at its option purchase for
$100.00 plus the issuance fee, a delivery license for the privilege of delivering its merchandise in
the city if the taxpayer meets all of the following criteria:
(1)
Other than deliveries, the taxpayer has no other physical presence within
the city or its police jurisdiction;
(2)
The taxpayer conducts no other business in the city other than delivering
merchandise and performing the requisite set-up and installation of said merchandise;
(3)
The delivery and set-up and installation is performed by the taxpayer’s
employees or agents, concerns the taxpayer’s own merchandise in that city, and is done by
means of delivery vehicles owned, leased, or contracted by the taxpayer;
(4)
The gross receipts derived from the sale and any requisite set-up or
installation of all merchandise so delivered shall not exceed $75,000 during the license year;
(5)
Any set-up or installation shall relate only to (i) that required by the
contract between the taxpayer and the customer or as may be required by state or local law, and
(ii) the merchandise so delivered;
(6)
If at any time during the current license year the taxpayer fails to meet any
of the above stated criteria, then within ten days after any of said criteria have been violated or
exceeded, the taxpayer shall purchase all appropriate business licenses from the city for the
entire license year and without regard to this section.
(b)
Mere delivery of the taxpayer’s merchandise by common carrier shall not allow
the city to assess a business license tax against the taxpayer, but the gross receipts derived from
any sale and delivery accomplished by means of a common carrier shall be counted against the
$75,000 limitation if the taxpayer also during the same license year sells and delivers into the
taxing jurisdiction using a delivery vehicle other than a common carrier.
(c)
A common carrier, contract carrier, or similar delivery service making deliveries
on behalf of others shall not be entitled to purchase a delivery license.
(d)
The delivery license shall be calculated in arrears, based on the related gross
receipts during the preceding license year.
19
(e)
The purchase of a delivery license shall not, in and of itself, establish nexus
between the taxpayer and the city for purposes of the taxes levied by or under the authority of
Alabama Code Title 40 or other provisions of law. The purchase of a delivery license does not
conclusively determine that nexus does not exist between the taxpayer and the city.
Sec. 74-90. Special license provisions.
(a)
Sale of merchandise or repair services by utility companies. The license fees for
electric utilities, natural gas companies, and telephone companies shall not include gross receipts
from the sale of merchandise or appliances or repair services and these shall be separately
licensed.
(b)
Fees for certain businesses to be maximum authorized by state law. The license
fee for railroads, railway sleeping car companies, express companies, telegraph companies,
telephone companies, street railroads, electric light and power companies, gas companies,
waterworks companies, pipeline companies, gas distributing companies, heating companies,
other public utilities, banks and savings and loan associations shall be the maximum fee
authorized by Alabama Code §§11-51-124 through 11-51-131.
(c)
Contractors and subcontractors. The licensing provisions for contractors and
subcontractors under this section shall be as follows:
(1)
Each person engaged in business as a contractor shall pay a license fee based on
the cost of altering or repairing houses, buildings, paving, sewers or any other structures,
including the cost of materials.
(2)
From time to time the contractor shall submit to the license officer estimates of
each project to allow computation of the fee due above the basic fee. This additional fee shall be
paid prior to the commencement of any work. After work is completed, the contractor shall
report under oath the actual cost of the completed project and pay the balance then due.
(3)
Every person who has authority to control or supervises, manages or directs the
work of others, or who is delegated by the owner to do so, in any such construction is a
contractor under this subsection. This subsection shall not apply to an owner who supervises the
construction of such person's own project and does not employ another person to direct the work
of others, but a person who builds or constructs one or more buildings during the calendar year
shall be considered a contractor. Any person who undertakes through a subcontract to do any
20
part of the contract work described in this subsection shall be considered a contractor unless
some other provision provides a specific license fee for such subcontractor.
(4)
No building permit shall be issued until the basic license fee and the additional
license fee has been paid and the contractor has furnished to the building official a list of the
names and addresses of all subcontractors to be used on the project. If all subcontractors are not
known at the time, the work may proceed but the contractor shall furnish the name and address
of the subcontractor when ascertained and the subcontractor may not begin work until a proper
license has been obtained.
(5)
Any gross receipts for a license fee paid by a subcontractor on a project shall be
deducted from the gross receipts on which the general contractor's license was based and any
refund due will be made at the end of the calendar year after all credits have been given.
(6)
The amount expended on each project by the owner shall constitute the gross
receipts upon which the license fee is based.
(d)
Fire and marine insurance companies. Every person doing business as a fire or
marine insurance company shall pay a license fee of four percent of each $100.00 or major
fraction thereof of gross premiums, less return premiums, on policies issued during the preceding
year on property located in the city. No credit or deduction of any kind shall be allowed or made
on account of the cost of reinsurance by such company in a company not authorized to do
business in the state. All state-licensed agents of such a company who are duly appointed in
writing shall not be subject to or required to pay any privilege or occupation tax to the city for
representing such company or soliciting business for it.
(e)
Insurance companies other than fire or marine insurance companies. Every
person doing business as an insurance company other than a fire or marine insurance company
shall pay a license fee of $20.00 plus one percent of each $100.00 or major fraction thereof of
gross premiums, less return premiums, received during the preceding year on policies issued
during such year to citizens of the city. All state-licensed agents of such a company who are duly
appointed in writing shall not be subject to or required to pay any privilege or occupation tax to
the city for representing such company or soliciting business for it.
(f)
Insurance agents or agencies. Each agent or agency selling or soliciting insurance
within the city shall on January 1 of each year furnish the city license officer a true and complete
21
list of each company he is authorized to represent or for which any insurance was sold during the
preceding year.
(g)
Gasoline sales. In addition to any license fee required under this article, the sale
of gasoline shall be subject to the provisions of article V of chapter 74 of the city code.
(h)
Private detectives, private security guards and alarm businesses. In addition to
any license fee required under this article, the operation of a private detective, private security
guard or alarm business shall be subject to the provisions of article V of chapter 22 of the city
code.
(i)
Real estate company. A real estate company shall be licensed by the city only if
the company’s place of business is located within the corporate limits of the city. There shall be
no separate license for a real estate salesperson or broker separate from that for the company,
except for salespersons or brokers who form a legally constituted business organization pursuant
to Alabama Code §34-27-36(a)(11).
(j)
Transient dealers. The license fees for transient dealers shall be those set out in
chapter 98 of the city code.
(k)
Taxicabs, jitneys and limousine services. The license fees for taxicabs, jitneys and
limousine services provided in chapter 126 of the city code shall be in addition to those provided
in this article.
(l)
Master guide for occupation classification and description. The North American
Industrial Classification System (NAICS), 2002 edition, as prepared by the Office of
Management and Budget of the Executive Office of the President, is hereby adopted by reference
as the master guide in classifying and describing occupations and businesses covered by this
article. Those occupations and trades not otherwise defined in this article shall be defined as
described in the NAICS.
Sec. 74-91. License classifications.
Code
111
112
113
1133
114
1142
115
211
2002 NAICS Titles/Business License codes
Crop Production
Animal Production
Forestry and Logging
Logging
Fishing, Hunting and Trapping
Hunting and Trapping
Support Activities for Agriculture and Forestry
Oil and Gas Extraction
22
Schedule
56
56
212
213
221
2211
2212
236
2360
237
2370
238
2380
2381
2382
2383
2384
2385
2386
2387
2388
311
3116
3118
3119
312
313
314
315
316
321
3219
322
323
3231
324
3240
325
3250
3254
3256
326
3260
327
331
3310
3311
3313
Mining (except Oil and Gas)
Support Activities for Mining
Utilities
Electric Power Generation, Transmission and Distribution – power co
Natural Gas Distribution – gas co
Construction of Buildings
Construction of Buildings – general contractors, residential contractors
Heavy and Civil Engineering Construction
Heavy and Civil Engineering Construction
Specialty Trade Contractors
Specialty Trade Contractor – subcontractors
Siding Contractor
Roofing Contractor
Brick Mason
Electrical Contractor
Plumbing and Gas Fitting Contractor
Heating and Air Conditioning Contractor
Swimming Pool Contractor
Sign Business
Food Manufacturing
Animal Slaughtering and Processing
Bakeries and Tortilla Manufacturing
Other Food Manufacturing
Beverage and Tobacco Product Manufacturing
Textile Mills
Textile Product Mills
Apparel Manufacturing
Leather and Allied Product Manufacturing
Wood Product Manufacturing
Other Wood Product Manufacturing
Paper Manufacturing
Printing and Related Support Activities
Printing and Related Support Activities
Petroleum and Coal Products Manufacturing
Petroleum and Coal Products Manufacturing
Chemical Manufacturing
Basic Chemical Manufacturing
Pharmaceutical and Medicine Manufacturing
Soap, Cleaning Compound, and Toilet Preparation Manufacturing
Plastics and Rubber Products Manufacturing
Plastics and Rubber Products Manufacturing
Nonmetallic Mineral Product Manufacturing
Primary Metal Manufacturing
Steel Product Manufacturing from Purchased Steel
Iron and Steel Mills and Ferroalloy Manufacturing
Alumina and Aluminum Production and Processing
23
96
96
66
66
66
66
66
66
66
66
66
66
71
64
61
64
64
56
64
64
64
64
64
64
64
64
332
3321
3323
3327
3328
3329
333
3331
3333
3334
3339
334
3344
335
336
3363
337
3371
339
3391
423
4230
4231
4232
4233
4234
4235
4236
4237
4238
4239
424
4240
4241
4242
4243
4244
4246
4247
4248
4249
425
441
4411
Fabricated Metal Product Manufacturing
Forging and Stamping
64
Architectural and Structural Metals Manufacturing
64
Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing
64
Coating, Engraving, Heat Treating, and Allied Activities
64
Other Fabricated Metal Product Manufacturing
64
Machinery Manufacturing
Agriculture, Construction and Mining Machinery Manufacturing
64
Commercial and Service Industry Machinery Manufacturing
64
Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration
Equipment Manufacturing
64
Other General Purpose Machinery Manufacturing
64
Computer and Electronic Product Manufacturing
Semiconductor and Other Electronic Component Manufacturing
64
Electrical Equipment, Appliance, and Component Manufacturing
Transportation Equipment Manufacturing
Motor Vehicle Parts Manufacturing
64
Furniture and Related Product Manufacturing
Household and Institutional Furniture and Kitchen Cabinet Manufacturing
64
Miscellaneous Manufacturing
Medical Equipment and Supplies Manufacturing
64
Merchant Wholesalers, Durable Goods
Fireworks, Wholesale
$500.00
Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers
62
Furniture and Home Furnishing Merchant Wholesalers
62
Lumber and Other Construction Materials Merchant Wholesalers
62
Professional and Commercial Equipment and Supplies Merchant Wholesalers
62
Metal and Mineral (except Petroleum) Merchant Wholesalers
62
Electrical and Electronic Goods Merchant Wholesalers
62
Hardware, and Plumbing and Heating Equipment and Supplies Merchant
Wholesalers
62
Machinery, Equipment, and Supplies Merchant Wholesalers
62
Miscellaneous Durable Goods Merchant Wholesalers
62
Merchant Wholesalers, Nondurable Goods
Beer and Wine Merchant Wholesalers, Combination
$375.00
Paper and Paper Product Merchant Wholesalers
62
Drugs and Druggists’ Sundries Merchant Wholesalers
62
Apparel, Piece Goods, and Notions Merchant Wholesalers
62
Grocery and Related Product Merchant Wholesalers
62
Chemical and Allied Products Merchant Wholesalers
62
Petroleum and Petroleum Products Merchant Wholesalers
60
Beer, Wine, Distilled Alcoholic Beverage Merchant Wholesalers
$275.00
Miscellaneous Nondurable Goods Merchant Wholesalers
62
Wholesale Electronic Markets and Agents and Brokers
Motor Vehicle and Parts Dealers
Automobile Dealers
68
24
4412
4413
4414
442
4420
443
4431
444
4440
445
4451
4452
4453
4454
4455
4456
4457
446
4460
4461
447
4471
448
4481
4482
4483
451
4511
4512
452
4521
4529
453
4531
4532
4533
4534
4539
454
4540
4542
4543
4544
4545
4546
Other Motor Vehicle Dealers
68
Automotive Parts, Accessories, and Tire Stores
56
Aircraft Sales, Service, Rental and Instruction
$400.00
Furniture and Home Furnishings Stores
Furniture and Home Furnishings Stores
56
Electronics and Appliance Stores
Electronics and Appliance Stores
56
Building Material and Garden Equipment and Supplies Dealers
Building Material and Garden Equipment and Supplies Dealers
56
Food and Beverage Stores
Grocery Stores
56
Specialty Food Stores – candy, meat markets, seafood markets
56
Beer, Wine, and Liquor Stores –see below for separate classifications
Beer, Retail, off Premises
$50.00
Wine, Retail, off Premises
$75.00
Liquor Package Store, Retail, off Premises
56
Convenience Stores
56
Health and Personal Care Stores
Pharmacies
56
Health and Personal Care Stores
56
Gasoline Stations
Gasoline Stations
81
Clothing and Clothing Accessories Stores
Clothing and Clothing Accessories Stores
56
Shoe Stores
56
Jewelry, Luggage, and Leather Goods Stores – fine jewelry
56
Sporting Goods, Hobby, Book, and Music Stores
Sporting Goods, Hobby and Musical Instrument Stores
56
Book, Periodical, and Music Stores – music and video stores
56
General Merchandise Stores
Department Stores
56
Other General Merchandise Stores – discount stores, super centers
56
Miscellaneous Store Retailers
Florists
56
Office Supplies, Stationery, and Gift Stores
56
Used Merchandise Stores – antique shops, consignment shops
56
Firework Stands
$300.00
Other Miscellaneous Store Retailers – tobacco shops, pet stores,
manufactured home dealers
56
Non-store Retailers
Non-store Retailers – any retailer without a physical location in the city
56
Vending Machine Operators/Pool Tables
$20.00 each
Direct Selling Establishments – fuel dealers
60
Peddlers
$100.00
Transient Dealers
$150.00
Solicitors
$25.00
25
4547
481
4812
482
4820
483
484
4841
485
4853
4855
4856
4859
486
487
488
4881
4884
4886
491
492
4923
493
4931
511
5111
512
5121
515
5151
516
517
5170
5171
5176
5179
518
5180
5182
519
5191
521
522
5221
5222
5223
Parade Vendors
67
Air Transportation
Nonscheduled Air Transportation—aircraft charter services
$100.00
Rail Transportation
Rail Transportation – railroad companies
$1,670.00
Water Transportation
Truck Transportation
General Freight Trucking – trucking, per terminal
$200.00 each
Transit and Ground Passenger Transportation
Taxi and Limousine Service – Company
$50.00 each
Charter Bus Industry
$200.00
Taxi and Limousine Service – Driver
$25.00
Other Transit and Ground Passenger Transportation
$200.00 each
Pipeline Transportation
Scenic and Sightseeing Transportation
Support Activities for Transportation
Support Activities for Air Transportation—aircraft repairs
56
Support Activities for Road Transportation—wrecker services not on rotation
80
Support Activities for Road Transportation – wrecker services on rotation
80
Postal Service
Couriers and Messengers
Delivery (Up to $75,000 in gross receipts, no physical presence)
$100.00
Warehousing and Storage
Warehousing and Storage
56
Publishing Industries
Newspaper, Periodical, Book, Directory Publishers
61
Motion Picture and Sound Recording Industries
Motion Picture and Video Industries
56
Broadcasting (except Internet)
Radio and Television Broadcasting
71
Internet Publishing and Broadcasting
Telecommunications
Wired Telecommunications Carriers - Local
82
Wired Telecommunications Carriers – Long Distance
83
Wireless Telecommunications Carriers (except Satellite)–cell phone companies 58
Other Telecommunications
58
Internet Service Providers, Web Search Portals, and Data Processing Services
Internet Service Providers and Web Search Portals
58
Data Processing, Hosting, and Related Services
58
Other Information Services
Other Information Services – information retrieval services
56
Monetary Authorities – Central Bank – Federal Reserve
Credit Intermediation and Related Activities
Depository Credit Intermediation - Banks and Credit Unions
45
Non-depository Credit Intermediation - Consumer Lending
72
Activities Related to Credit Intermediation - Mortgage Brokers
72
26
5224
5225
523
5230
524
5240
5241
5242
5243
525
5259
531
5310
5312
5313
532
5321
5322
5324
533
541
5410
5412
5413
5414
5415
5416
5417
5418
5419
551
561
5610
5611
5613
5614
5615
5616
Pawnshops
$250.00
Cash Advance Centers
56
Securities, Commodity Contracts, and Other Financial Investments and
Related Activities
Securities, Commodity Contracts, and Other Financial Investments and
Related Activities – Investment Advice, Portfolio Management,
Securities Brokerage
56
Insurance Carriers and Related Activities
Insurance, Other than Fire and Marine
95
Insurance, Fire and Marine
94
Agencies, Brokerages, and Other Insurance Related Activities
56
Insurance Adjusters
57
Funds, Trusts, and Other Financial Vehicles
Other Investment Pools and Funds
70
Real Estate
Lessor of Real Estate – rental of mini-warehouses/storage buildings
70
Offices of Real Estate Agents and Brokers
57
Activities Related to Real Estate – appraisers
57
Rental and Leasing Services
Automotive Equipment Rental and Leasing
59
Consumer Goods Rental – formal wear, electronics/appliances, video tape, home
health equipment, recreational goods
70
Commercial and Industrial Machinery and Equipment Rental and Leasing
70
Lessor of Non-financial Intangible Assets (except Copyrighted Works)
Professional, Scientific, and Technical Services
Legal Services – lawyers, notaries, title abstract offices
57
Accounting, Tax Preparation, Bookkeeping, and Payroll Services
57
Architectural, Engineering, and Related Services
57
Specialized Design Services – interior design, graphic design
56
Computer Systems Design and Related Services
56
Management, Scientific, and Technical Consulting Services
57
Scientific Research and Development Services
56
Advertising and Related Services – public relations, direct mail, display
advertising
71
Other Professional, Scientific, and Technical Services – photographers,
veterinarians
57
Management of Companies and Enterprises
Administrative and Support Services
Parcel, Package Delivery
$500.00
Office Administrative Services
56
Employment Services
56
Business Support Services – repossession services, court reporting,
collection agencies, copy shops
56
Travel Arrangement and Reservation Services – travel agencies
57
Investigation and Security Services – security guard companies, security
guards, armored car services, security systems services, locksmiths
58
27
5617
5618
5619
562
5621
5622
5629
611
6116
6117
621
6210
6212
6213
6214
6215
6216
6217
6218
6219
622
6221
6222
6223
623
6231
6232
6233
624
6241
6243
6244
711
7115
712
713
7133
7134
7135
7139
721
7211
Services to Buildings and Dwellings – exterminating services, janitorial
services, lawn service, carpet/upholstery cleaning
56
Landscape Services
66
Other Support Services – bartering services
56
Waste Management and Remediation Services
Waste Collection
56
Waste Treatment and Disposal
56
Remediation and Other Waste Management Services – septic tank
services, portable toilet services
56
Educational Services
Other Schools and Instruction – dance, art, craft, piano teachers
58
Educational Support Services – educational consultants
58
Ambulatory Health Care Services
Clinics
57
Offices of Dentists – dental surgeons, endodontists, orthodontists, periodontists 57
Offices of Other Health Practitioners – chiropractors, optometrists,
physical/occupational/speech therapists, audiologists, podiatrists
57
Outpatient Care Centers – day surgery clinics
69
Medical and Diagnostic Laboratories – medical labs and imaging centers
57
Home Health Care Services – hospice services
56
Massage Therapists
58
Offices of Physicians –medical doctors
57
Other Ambulatory Health Care Services – Ambulance Services
$25.00 each
Hospitals
General Medical and Surgical Hospitals
69
Psychiatric and Substance Abuse Hospitals
69
Specialty (except Psychiatric and Substance Abuse) Hospitals –
Rehabilitation Centers
69
Nursing and Residential Care Facilities
Nursing Care Facilities – nursing homes
69
Residential Mental Retardation, Mental Health and Substance Abuse Facilities
58
Community Care Facilities for the Elderly – Assisted Living
69
Social Assistance
Individual and Family Services
58
Vocational Rehabilitation Services
58
Child Day Care Services
58
Performing Arts, Spectator Sports, and Related Industries
Independent Artists, Writers and Performers
58
Museums, Historical Sites, and Similar Institutions
Amusement, Gambling, and Recreation Industries
Street Fairs, one week or more
$1,000.00
Street Fairs, less than one week
$50.00 each
Arcades and Game rooms
$50.00 each
Other Amusement and Recreation Industries – golf courses, driving ranges
56
Accommodation
Traveler Accommodation –hotels/motels
58
28
7214
722
7220
7221
7222
7223
7224
7225
7226
7227
7228
7229
811
8110
8112
8113
8114
8115
812
8121
8122
8123
8124
8125
8126
8127
8129
813
8132
814
921
922
923
924
925
926
927
928
9996
9997
9998
9999
RV (Recreational Vehicle) Parks and Recreation Camps
70
Food Services and Drinking Places
Liquor, Club, on Premises—Class II—for profit private clubs
$600.00
Full-Service Restaurants – sit down restaurants with waiters/waitresses
61
Limited-Service Eating Places – fast food, buffet, without waiters/waitresses
61
Special Food Services – caterers, mobile food units
61
Liquor, Special Events Retail License
$150.00
Beer, Retail, on Premises
$75.00
Wine, Retail, on Premises
$75.00
Liquor, Club, on Premises – Class I – non-profit private clubs
$600.00
Liquor, on Premises
$600.00
Liquor, Restaurant Retail
$600.00
Repair and Maintenance
Automotive Repair and Maintenance – auto repair shops
56
Electronic and Precision Equipment Repair and Maintenance – office
machinery repair
56
Commercial and Industrial Machinery and Equipment (except Automotive
and Electronic) Repair and Maintenance
56
Personal and Household Goods Repair and Maintenance – appliance repairs,
alterations of clothing
56
Car Wash/Clean Up Shop
56
Personal and Laundry Services
Personal Care Services – hair salons, nail salons, spas, tanning beds
58
Death Care Services – funeral homes, undertakers, cemeteries, crematories
56
Dry cleaning and Laundry Services
56
Tattoo Parlors
56
Fortune Teller
$1,000.00
Towel-Linen Supply, Uniform Rental
$300.00
Bail Bonding Services
58
Other Personal Services – photofinishing, pet care services
58
Religious, Grant making, Civic, Professional and Similar Organizations
Grant making and Giving Services
58
Private Households
Executive, Legislative, and Other General Government Support
Justice, Public Order, and Safety Activities
Administration of Human Resource Programs
Administration of Environmental Quality Programs
Administration of Housing Programs, Urban Planning, and Community
Development
Administration of Economic Programs
Space Research and Technology
National Security and International Affairs
Adjustment
Interest
Previous Years License Paid in Current Year
Penalty
29
Sec. 74-92. License fee schedules.
Except where otherwise specified, receipts means gross receipts.
Rate Schedules #1-44
[Reserved]
Rate Schedule #45
Capital, Surplus, or Undivided Profits
(Banks, Savings & Loan Associations, Etc.)
Bank ATM Location
Bank Branch Location
Bank Main Office Facility
Savings & Loan ATM Location
Savings & Loan Branch Location
Savings & Loan Mail Office Facility
$ 10.00
$ 10.00
$ 125.00
$ 10.00
$ 10.00
$ 125.00
Rate Schedules # 46-55
[Reserved]
Rate Schedule #56
Less than $10,000.00 -------------------------------------------- $100.00
$10,000.00 and less than $15,000.00 -------------------------- 125.00
$15,000.00 and less than $20,000.00 -------------------------- 150.00
$20,000.00 and less than $25,000.00 -------------------------- 175.00
$25,000.00 and less than $30,000.00 -------------------------- 200.00
$30,000.00 and less than $40,000.00 -------------------------- 225.00
$40,000.00 and less than $50,000.00 -------------------------- 250.00
Over $50,000.00 -------------------------------------------------- $250.00
plus 1/10 of 1% on all receipts in excess of $50,000.
(1/10 of 1% = $1.00 per thousand)
Rate Schedule #57
Less than $5,000.00 -------------------------------------------- $ 50.00
$5,000.00 and less than $10,000.00 -------------------------- 100.00
Over $10,000.00 ------------------------------------------------- $100.00
plus 4/10 of 1% on all receipts in excess of $10,000.00
(4/10 of 1% = $4.00 per thousand)
Rate Schedule #58
Less than $7,500.00 ------------------------------------------$7,500.00 and less than $15,000.00 ------------------------$15,000.00 and less than $23,000.00 ------------------------$23,000.00 and less than $50,000.00 ------------------------$50,000.00 and less than $100,000.00 -----------------------
30
$ 75.00
100.00
125.00
150.00
175.00
$100,000.00 and less than $200,000.00 ---------------------- 200.00
Over $200,000.00 ------------------------------------------------ $200.00
plus 1/20 of 1% on all receipts in excess of $200,000.00
(1/20 of 1% = $.50 per thousand)
Rate Schedule #59
Less than $12,500.00 -------------------------------------------- $ 30.00
$12,500.00 and less than $25,000.00 -------------------------- 45.00
$25,000.00 and less than $35,000.00 -------------------------- 70.00
$35,000.00 and less than $50,000.00 -------------------------- 100.00
$50,000.00 and less than $100,000.00 ------------------------ 150.00
$100,000.00 and less than $150,000.00 ----------------------- 200.00
On all gross receipts in excess of $150,000.00 --------------- $200.00
plus 1/8 of 1% on all receipts in excess of $150,000.00
(1/8 of 1% = $1.25 per thousand)
Rate Schedule #60
Less than $20,000.00 -------------------------------------------- $125.00
$20,000.00 and less than $50,000.00 -------------------------- 150.00
$50,000.00 and less than $100,000.00 ------------------------ 200.00
$100,000.00 and less than $150,000.00 ----------------------- 250.00
$150,000.00 and less than $200,000.00 ----------------------- 300.00
$200,000.00 and less than $250,000.00 ----------------------- 350.00
Over $250,000.00 --------------------------------------------------$350.00
plus 1/40 of 1% on all receipts in excess of $250,000.00
(1/40 of 1% = $.25 per thousand)
Rate Schedule #61
Less than $50,000.00 ------------------------------------------- $ 50.00
$50,000.00 and less than $100,000.00 ----------------------- 100.00
$100,000.00 and less than $150,000.00 ---------------------- 150.00
$150,000.00 and less than $200,000.00 --------------------- 200.00
Over $200,000.00 ----------------------------------------------- $200.00
plus 1/10 of 1% on all receipts in excess of $200,000.00
(1/10 of 1% = $1.00 per thousand)
Rate Schedule #62
Less than $25,000.00 ---------------------------------------------------- $ 100.00
Over $25,000.00 ----------------------------------------------------------- $ 100.00
plus 1/10 of 1% on all receipts in excess of $25,000.00, but not more than $500,000.00
(1/10 of 1% = $1.00 per thousand)
On all gross receipts in excess of $500,000.00 ------------------------ $ 575.00
plus 1/20 of 1% on all receipts in excess of $500,000.00
(1/20 of 1% = $.50 per thousand)
Rate Schedule #63
31
[Reserved]
Rate Schedule #64
Less than $100,000.00 ---------------------------------------- $200.00
Over $100,000.00 ----------------------------------------------- $200.00
plus 1/20 of 1% on all receipts in excess of $100,000.00, but not more than $1,000,000.00
(1/20 of 1% = $.50 per thousand)
On all gross receipts in excess of $1,000,000.00 ------------------------ $ 650.00
plus 1/40 of 1% on all receipts in excess of $1,000,000.00
(1/40 of 1% = $.25 per thousand)
Gasoline stations capped at $650.00.
Rate Schedule #65
[Reserved]
Rate Schedule #66
Less than $25,000.00 ----------------------------------------------------Over $25,000.00 ---------------------------------------------------------plus 3/20 of 1% on all gross receipts in excess of $25,000.00
(3/20 of 1% = $1.50 per thousand)
$ 100.00
$ 100.00
Rate Schedule #67
$20.00 flat fee/on each
Rate Schedule #68
Less than $200,000.00 ----------------------------------------------------- $ 200.00
Over $200,000.00 ---------------------------------------------------------- $ 200.00
plus 1/20 of 1% on all receipts in excess of $200,000.00
(1/20 of 1% = $.50 per thousand)
Rate Schedule #69
1/10 of 1% of the receipts with a minimum license in any case of ---- $100.00
(1/10 of 1% = $1.00 per thousand)
Rate Schedule #70
3/8 of 1% of the receipts with a minimum license in any case of ---- $50.00
(3/8 of 1% = $3.75 per thousand)
Rate Schedule #71
3/40 of 1% of the receipts with a minimum license in any case of ---- $150.00
(3/40 of 1% = $.75 per thousand)
Rate Schedule #72
$200.00 plus 3/8 of 1% of the receipts in excess of $5,000.00
(3/8 of 1% = $3.75 per thousand)
32
Rate Schedule #73
$150.00 flat fee/on each
Rate Schedule #74
$1,670.00 flat fee/on each
Rate Schedule #75
$25.00 flat fee/on each
Rate Schedule #76
$50.00 flat fee/on each
Rate Schedule #77
$500.00 flat fee/on each
Rate Schedule #78
$200.00 flat fee/on each
Rate Schedule #79
$100.00 flat fee/on each
Rate Schedule #80
Vehicle up to 1 Ton --------------------------------------------- $ 25.00 each
Over 1 Ton and Less than 2 Tons ------------------------------ 37.50 each
Over 2 Ton and less than 5 Tons ------------------------------- 100.00 each
Over 5 Tons -------------------------------------------------------- 125.00 each
Rate Schedule #81
Less than $100,000.00 ---------------------------------------- $200.00
Over $100,000.00 ----------------------------------------------- $200.00
plus 1/20 of 1% on all receipts in excess of $100,000.00, but not more than $1,000,000.00
(1/20 of 1% = $.50 per thousand)
On all gross receipts in excess of $1,000,000.00 ------------------------ $ 650.00
*Gasoline stations capped at $650.00.*
Rate Schedule #82
Telephones & Telecommunications--Exchange
$2,490.00 flat fee
$1,110.00 for the first 20,000 inhabitants and $60.00 for each additional 1,000 inhabitants or
majority fraction thereof, according to the most recent federal decennial census.
Rate Schedule #83
Telephones & Telecommunications—Long Distance
$623.00 flat fee
$278.00 for the first 20,000 inhabitants and $15.00 for each additional 1,000 inhabitants or
majority fraction thereof, according to the most recent federal decennial census.
33
Rate Schedule #84
$275.00 flat fee/on each
Rate Schedule #85
[Reserved]
Rate Schedule #86
$375.00 flat fee/on each
Rate Schedule #87
[Reserved]
Rate Schedule #88
$75.00 flat fee/on each
Rate Schedule #89
$400.00 flat fee/on each
Rate Schedule #90
$250.00 flat fee/on each
Rate Schedule #91
$300.00 flat fee/on each
Rate Schedule #92
$ 1,000.00 flat fee/on each
Rate Schedule #93
$600.00 flat fee/on each
Rate Schedule #94
4% of gross premiums
Rate Schedule #95
$20.00 plus 1% of gross premiums
Rate Schedule #96
Electric Company and Gas Company
For selling or distributing electrical current or natural gas, an amount equal to 3% of the gross
receipts of the business transacted in the city for the previous year for the sale or distribution of
electrical current or natural gas from any point in or into the city.
Sec. 74-93. Exchange of information.
34
(a)
The license officer may exchange tax returns, information, records, and other
documents secured by the city, with other municipalities adopting similar provisions for the
exchange of taxpayer information, or with county or state authorities. The license officer may
charge a reasonable fee for providing such information or documents. Any tax returns,
information, records, or other documents so exchanged shall remain subject to the confidentiality
provisions, restrictions, and criminal penalties for unauthorized disclosure as provided under
state or municipal law.
(b)
Any such exchange shall be for one or more of the following purposes:
(1)
Collecting taxes due.
(2)
Ascertaining the amount of taxes due from any person.
(3)
Determining whether a person is liable for, or whether there is probable
cause for believing a person might be liable for, the payment of any tax to a state, county,
or municipal agency.
(c)
Nothing herein shall prohibit the use of tax returns or tax information by the city
in the proper administration of any matter administered by the license officer. The license officer
may also divulge to a purchaser, prospective purchaser as defined pursuant to the regulations of
the Alabama Department of Revenue, or successor of a business or stock of goods the
outstanding sales, use, or rental tax liability of the seller for which the purchaser, prospective
purchaser as defined pursuant to the regulations of the Alabama Department of Revenue, or
successor may be liable pursuant to Alabama Code §§40-23-25, 40-23-82, or 40-12-224.
Section 2. Effective date.
This ordinance shall become effective on and after January 1, 2008.
Section 3. Severability.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, then such ruling shall not affect
any other paragraphs and sections, since the same would have been enacted by the city council
without the incorporation of any such invalid or unconstitutional phrase, clause, sentence,
paragraph or section.
35
Section 4. Repealer.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 5. Prosecutions unaffected.
The adoption of this ordinance shall not in any manner affect any prosecution of any act
illegally done contrary to the provisions of any ordinance now or heretofore in existence, and
every such prosecution, whether begun before or after the enactment of this ordinance shall be
governed by the law under which the offense was committed. A prosecution, or the right to
prosecute, for the recovery of any penalty or the enforcement of any forfeiture shall not be in any
manner affected by the adoption of this ordinance. No civil action or cause of action existing
prior to or at the time of the adoption of this ordinance shall be affected in any manner by its
adoption.
I hereby certify that the above and foregoing ordinance was duly adopted by the City
Council of the City of Gadsden, Alabama, at a meeting held on _________________________,
2007.
______________________________
Iva Nelson, City Clerk
APPROVED on____________, 2007
______________________________
Sherman Guyton, Mayor
36