The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates or requires a different meaning:
BUSINESS
A.
Carrying on or exercising whether for gain or profit or otherwise
within the Borough any trade, business including but not limited to
financial business as hereinafter defined, profession, vocation, service,
construction, communication or commercial activity, or making sales
to persons or rendering services from or attributable to an office
or place of business in the Borough. "Business" shall include the
leasing or rental of any real or personal property or any portion
thereof. "Business" shall include the operation of a hotel, apartment
house, boardinghouse, nursing home, group home, rooming house and
such similar establishments, and the operation of any building or
real property, or a portion thereof, for residential, commercial or
industrial rental purposes.
B.
The term shall not include the following: Any business which
is subject to the Borough mercantile tax on its entire gross receipts,
the business of any political subdivision, any employment for a wage
or salary, or any business upon which the power to levy a tax is withheld
by law.
FINANCIAL BUSINESS
The services and transactions of 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
Cash, credits, property of any kind or nature received in
or allocable or attributable to the Borough from any business or by
reason of any sales made, including resales of goods, wares or merchandise
taken by a dealer as a trade in or as part payment for other goods,
wares or merchandise, or services rendered, or commercial or business
transactions had within the Borough, including rent and all other
receipts from the leasing or rental of any real property or portion
thereof or any personal property or portion thereof, and including
gross rents and all other receipts from the operation of a hotel,
apartment house, boardinghouse, nursing home, group home, rooming
house, and such similar establishments, and gross rents and all other
receipts from the operation of any building or real property or a
portion thereof for residential, commercial or industrial purposes;
there shall be no deductions from any of the above on account of the
cost of property sold, materials used, labor, service, or other costs,
interest or discount paid, or any other expense. "Gross receipts"
shall include both cash and credit transactions. "Gross receipts"
shall exclude:
A.
The amount of any allowance made for goods, wares or merchandise
taken by a dealer as a trade-in or as part payment for other goods,
wares and merchandise in the usual and ordinary course of his business.
B.
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.
C.
In the case of a broker, commissions paid by him to another
broker or salesperson on account of a purchase or sales contract initiated,
executed or cleared in conjunction with such other broker.
D.
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 acquires the goods, wares or merchandise.
E.
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 Borough, and not for the purpose of evading the payment of this tax, and those receipts which the Borough is prohibited from taxing by law. Such receipts shall be segregated as set forth in §
240-50B of this article.
PERSON
Any natural person, partnership, unincorporated 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
or unincorporated associations, shall mean the officers thereof.
TAX COLLECTOR
The person, firm or corporation appointed by the Town Council
of the Borough to administer the provisions of this article.
TAX YEAR
Twelve-month period beginning January 1, 1987, to and including
December 31, 1987, and each succeeding twelve-month period.
A tax for general revenue purposes is hereby imposed and levied
upon the privilege of carrying on or exercising business within the
Borough as follows: Beginning with the tax year 1987 and each tax
year thereafter, every person engaging in any business in the Borough
shall pay an annual tax at the rate of three mills on each dollar
of volume of the annual gross receipts thereof. Three mills equals
$0.003 on each dollar or $3 on each $1,000 of gross receipts.
Whoever makes any false or untrue statement on his return, or
who refuses to permit inspection of the books, records or accounts
of any business in his custody or control 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 is in violation
of this article. Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
The Tax Collector is hereby authorized to accept payment under
protest of the amount of business privilege tax claimed by the Borough
in any case where the taxpayer disputes the validity or the amount
of the Borough claim for this tax. If it is thereafter judicially
determined by a court of competent jurisdiction that the Borough has
been overpaid, the amount of the overpayment shall be refunded to
the taxpayer.
The Town Council of the Borough shall, from time to time, prepare
and approve certain rules and regulations relative to the tax imposed
hereunder. Said rules and regulations shall be enacted by ordinance.
[Added 12-4-1986 by Ord. No. 86-16]
The Town Council of the Borough does hereby enact, adopt and
approve regulations for the collection of the Business Privilege Tax
imposed by Ord. No. 86-13, and for the administration and enforcement
of said ordinance, a true and correct copy of said regulations having
been annexed hereto and are on file in their entirety at Town Hall.