This shall be known and may be cited as the "Business Tax Ordinance."
As used in this article, unless the context indicates clearly
a different meaning, the following words and phrases shall have the
meanings set forth below:
BUSINESS
Carrying on or exercising, whether for gain or profit or
otherwise, within the Municipality of Monroeville any trade or business,
including but not limited to financial business as hereinafter defined,
profession, vocation, service, the rental of personalty and/or realty,
construction, communication or commercial activity, making sales to
persons or rendering services from or attributable to a Monroeville
office or place of business.
FINANCIAL BUSINESS
The services and transactions of banks and bankers, trust,
credit and investment companies, where not prohibited by law, holding
companies, dealers and brokers in money, credits, commercial paper,
bonds, notes, securities and stocks, monetary metals, factors and
commission merchants.
GROSS RECEIPTS
A.
Cash, credits or property of any kind or nature received in
or allocable or attributable to the Municipality of Monroeville from
any business or by reason of any sale made, including the resale of
goods, wares or merchandise taken by a dealer as a trade-in or as
part of payment for other goods, wares or merchandise or services
rendered or commercial or business transactions, and within the Municipality
of Monroeville, without deduction therefrom on account of the cost
of property sold, materials used, labor service or other cost, interest
or discount paid or any other expense.
B.
"Gross receipts" shall exclude:
(1)
The amount of any allowance made for goods, wares or merchandise
taken by a dealer as a trade-in or as part of payment for other goods,
wares and merchandise in the usual and ordinary course of his business.
(2)
In the case of a financial business, the cost of securities
and other property sold, exchanged, paid at maturity or redeemed and
moneys or credits received in repayment of advances, credits and loans,
but not to exceed the principal amount of such advances, credits and
loans, and shall also exclude deposits.
(3)
In the case of a broker, any commissions paid by him to another
broker on account of a purchase or sales contract initiated, executed
or cleared in conjunction with such other broker.
(4)
Receipts by dealers from sales to other dealers in the same
line where the dealer transfers title or possession at the same price
for which he acquired the goods, wares or merchandise, as long as
said dealers are not the parent or subsidiary organization of the
vendor or have no other affiliation or cooperative arrangement with
the vendor.
(5)
Receipts or that portion thereof attributable to interstate or foreign commerce or to an office or place of business regularly maintained by the taxpayer outside the limits of the Municipality of Monroeville and not for the purpose of evading payment of this tax and those receipts which the Municipality is prohibited from taxing by law. Such receipts shall be segregated as set forth in §
334-25F of this article.
PERSON
Any natural person, individual, partnership, association
or corporation, nonprofit or otherwise. Whenever used in any provision
prescribing a fine or a penalty, the word "person," as applied to
partnerships, shall mean the partners thereof and, as applied to corporations
and unincorporated associations, shall mean the officers thereof.
PLACE OF AMUSEMENT
Any place indoors or outdoors where the general public or
a limited or selected number thereof may, upon payment of an established
price, attend or engage in any amusement, contest or recreation, including,
among other places, theaters, opera houses, motion-picture houses,
amusement parks, stadiums, arenas, baseball or football parks or fields,
skating rinks, circus or carnival tents or grounds, fairgrounds, bowling
alleys, billiard or pool rooms, nine- or ten-pin alleys, riding academies,
golf courses, bathing and swimming places, dance halls, tennis courts,
archery, rifle or shotgun ranges and other like places. The term does
not include any exhibition, amusement, performance or contest conducted
by a nonprofit corporation or association organized for religious,
charitable or educational purposes.
TAX COLLECTOR
The Monroeville Municipal Manager or such other person appointed
by the Manager for the collection of the taxes imposed under this
article.
TAX YEAR
The twelve-month period from January 1 to December 31.
The person making the return shall at the time of filing the
return pay the amount of tax shown as due thereon to the Tax Collector.
Any information gained by the Tax Collector or any other officer,
official, agent or employee of the Municipality as a result of any
returns, investigations, hearings or verifications required or authorized
by this article shall be confidential, except in accordance with proper
judicial order or as otherwise provided by law, and divulgence of
any information so gained is hereby declared to be a violation of
this article, which may be punished by dismissal from office or employment.
[Amended 10-8-2019 by Ord. No. 2708]
Whoever fails to comply with the provisions of this article,
including but not limited to, the registration requirement, or makes
any false or untrue statement on his registration or tax return or
who refuses to permit inspection of the books, records or accounts
of any business in his custody when the right to make such inspection
by the Tax Collector is requested and whoever fails or refuses to
file a return required by this article shall, upon conviction in any
court of competent jurisdiction, be sentenced to pay a fine of not
more than $600, plus costs of prosecution, for each offense. Where
the taxpayer is a firm or association, the fine or penalty may be
imposed upon any of the partners or members thereof and, in the case
of corporations, upon any of the officers thereof. Each day on which
a person violates this article shall be considered as a separate offense
and shall be punishable as hereinbefore provided.
This article shall become effective April 15, 2005, and shall
remain in effect thereafter from year to year on a calendar basis.