ORDINANCE NO. 07-8(1)

 

AN ORDINANCE TO AMEND CHAPTER 8, LICENSES, ARTICLE III, DETERMINING GROSS RECEIPTS, AND ARTICLE VI, SCHEDULE OF TAXES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 8, Licenses, Article III, Determining Gross Receipts, and Article VI, Schedule of Taxes, are hereby amended and reordained as follows:

 

By Amending:

Sec. 8-305        Amounts excluded from gross receipts

Sec. 8-601        Bondsmen

Sec. 8-617        Retailers or retail merchants

 

By Repealing:

Sec. 8-604        Loan agencies

           

 

CHAPTER 8.  LICENSES

 

ARTICLE III.  DETERMINING GROSS RECEIPTS

 

Sec. 8-305 Amounts excluded from gross receipts.

 

            For purposes of determining a license tax, gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business in the ordinary course of such business, and the following amounts:

 

            A.        Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, or amounts received for any federal or state excise taxes on motor fuels.

 

            B.         Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).

 

            C.         Any amount representing returns or trade-in allowances granted by the business to its customer.

 

            D.        Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.

 

            E.         Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.

 

            F.         Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.

 

            G.         Withdrawals from inventory for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes.

 

            H.        Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services.  This exclusion shall apply to interest on bank accounts of the business and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege.  This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.

 

            I.          Amounts paid by real estate brokers to real estate agents as a commission on any real estate transaction shall be excluded from real estate brokers’ gross receipts.  Each real estate broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, the amount of the receipts paid to each such agent, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes.

 

(3-15-83, § 65; 6-13-73; 5-15-75; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, § 11-18;  Ord.  97-11(1), 5-7-97, § 11-18; Code 1988, § 11-18; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 58.1-3732.

 

 

ARTICLE VI.  SCHEDULE OF TAXES

DIVISION 1.  GENERALLY

 

Sec. 8-601 Bondsmen.

 

            Each person engaged as a bondsman shall be subject to the license tax, and other provisions, set forth herein:

 

            A.        Each person furnishing bail bonds for cash, or by any other method, and making a charge therefor  Every person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety, shall be subject to a license tax of one hundred fifty dollars ($150.00), which shall not be prorated or transferred.

 

            B.         No such professional bondsmen or his agent shall enter into any such bond or bonds in the county until he shall have obtained such license unless he has obtained such required license in another city or county, in which he engages in the business of bail bonding.

 

            C.         With the exception of any bondsman or his agent who has heretofore obtained a certificate and license under this section and whose certificate, license and right to act as a bondsman continues to remain in full force and effect, no such license shall be issued unless and until the applicant shall have first obtained a bail bondsman license from the Department of Criminal Justice Services certificate from the judge of the circuit court of the county approving the issuance of the license and certifying that the applicant is of good moral character, that his past conduct before the courts of the county has not been unsatisfactory and is suitable to be so licensed; and provided, further, that before the issuance of such certificate the judge of the circuit court may confer with the judge or judges of those courts in which such bondsman seeks to act.  A license granted to a professional bondsman in the county shall authorize such person to enter into such bonds in the county.

            C.         No professional bondsman shall enter into any such bond if the aggregate of the penalty of such bond and all other bonds, on which he has not been released from liability, is in excess of the true market value of his real estate.  Each professional bondsman, if so directed by the judge of the circuit court of the county shall place a deed of trust on the real estate that he is using for the limit of his expected bonded indebtedness to secure the Commonwealth of Virginia and shall name the Commonwealth's attorney of the county as trustee under the deed of trust.  In addition thereto, he shall furnish the clerk of the circuit court an acceptable appraisal and title certificate of the real estate subject to any such deed of trust.  Each professional bondsman licensed hereunder shall file with the clerk of the circuit court of the county not later than the fifth day of each month a list of all outstanding bonds on which he was obligated as of the last day of the preceding month, together with the amount of the penalty of each such bond.

 

            D.        Each professional bondsman or agent for any professional bondsman, qualified under this section, shall be subject to and governed by any reasonable rules of conduct or procedure set up by the judge or justice of the court in which he is acting as a bondsman which may include a requirement that such bondsman or agent place a reasonable amount of cash or negotiable bonds in escrow with the clerk of such court to be held during the time such bondsman or agent is acting as a bondsman in such court; provided, that such clerk is acting under a bond of sufficient amount and coverage to insure protection against loss, theft, or misappropriation.  Upon his violation of such rules, he may, after hearing upon a charge of such violation, be suspended from entering into further bonds in such court by the judge or justice thereof.  If such bondsman or agent fails to have in escrow with the clerk of such court a sum sufficient to cover any forfeiture of bond against him and fails or refuses to pay such forfeiture after notice and demand by the judge or justice of the court he may be suspended by such judge or justice from entering into further bonds in said court until the forfeiture is paid or it is adjudicated that he is not liable thereon.

 

            E.         No person shall be licensed hereunder either as a professional bondsman or agent for any professional bondsman, when such person, or his or her spouse, holds any office as magistrate, clerk or deputy clerk of any court.

 

            F.         Nothing in this section shall be construed to apply to guaranty, indemnity, fidelity and security companies doing business in the county under the provisions of Chapter 24 of Title 38.2 of the Code of Virginia, except that agents and attorneys-in-fact of guaranty, indemnity, fidelity and security companies entering into bonds for bail, appearances, costs or appeal in criminal cases, shall be required to obtain a certificate from the judge of the circuit court of the county, certifying that the applicant is of good moral character, that his past conduct before the courts of the county has not been unsatisfactory and he is suitable to be a licensed bondsman.

 

            G.         The provisions of this section shall apply to agents and attorneys-in-fact of guaranty, indemnity, fidelity and security companies entering into bonds for bail, appearances, costs or appeal, except that such company shall not be required to place cash or bonds in escrow with the court as hereinbefore required.

 

(Ord. 96-11(1), 11-13-96, § 11-31; Code 1988, § 11-31; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 58.1-3724, 19.2-152.1.

 

Sec. 8-604 Loan agencies.

 

            Each person engaged as a small loan company shall be subject to a license tax of two hundred dollars ($200.00), which tax shall not be prorated.

 

(3-15-73, § 37; 4-13-88; Ord. 96-11(1), 11-13-96, § 11-38; Code 1988, § 11-38; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 58.1-3700.

 

 

DIVISION 4.  PERSONAL, PROFESSIONAL, BUSINESS OR

REPAIR SERVICE BUSINESS, OCCUPATIONS AND PROFESSIONS

 

Sec. 8-617 Retailers or retail merchants.

 

            Each person engaged as retailer or retail merchant shall be subject to the license tax, and other provisions, set forth herein:

 

            A.        Each person engaged as a retailer or retail merchant shall be subject to a license tax of twenty cents ($0.20) for each one hundred dollars ($100.00) of gross receipts, other than as provided in subsection (B) herein.

 

            B.         Each person engaged as a retailer or retail merchant shall be subject to a license tax of ten cents ($0.10) for each one hundred dollars ($100.00) of gross receipts for direct retail sales.  For purposes of this section, a “direct retail sale” is defined as a retail sale made to a remote buyer ordering by telephone, internet, or mail, in which the item(s) sold is/are shipped by common carrier or by the U.S. Postal Service.

 

            C.         Retailers or retail merchants include, but are not limited to, the following:

 

                        Aircraft or aircraft parts.

                        Alcoholic beverages.

                        Antiques.

                        Auto accessory, tire, battery.

                        Automobile graveyards.

                        Auto sales, motor vehicle dealers.

                        Bakeries, caterers.

                        Bicycles.

                        Boats, motors.

                        Books, stationery.

                        Building materials.

                        Candy, nut stores.

                        Cigar, tobacco stands, newsstands.

                        Confectionery.

                        Custom tailor.

                        Dairy products.

                        Delicatessen.

                        Department stores.

                        Drapery, curtain, upholstery.

                        Drugs.

                        Dry goods stores.

                        Eggs, poultry.

                        Family clothing.

                        Farm equipment.

                        Filling stations.

                        Firearms.

                        Fish, seafood market.

                        Floor covering.

                        Florists.

                        Fruit stores, vegetable markets.

                        Fuel, ice.

                        Furniture.

                        Furriers.

                        Garden supplies.

                        General stores.

                        Gift, novelty, souvenir.

                        Grocery.

                        Hardware.

                        Heating, plumbing, electrical equipment.

                        Hog, grain, feed, seed.

                        Hosiery.

                        Jewelry.

                        Junk or secondhand merchandise.

                        Lightning rods.

                        Luggage.

                        Lumber goods.

                        Meat markets.

                        Men's and boy's clothing.

                        Millinery.

                        Motorcycle.

                        Musical instrument.

                        Office, store, appliance supply.

                        Optical.

                        Other clothing.

                        Paint, glass, wallpaper.

                        Photographic, supply, equipment.

                        Radio, television or household appliances.

                        Restaurants, eating places, nightclubs.

                        Secondhand stores, other than junk.

                        Scientific, medical supplies.

                        Shoes.

                        Soda fountain.

                        Sporting goods.

                        Travel bureau or tour agent.

                        Used cars.

                        Variety stores.

                        Workmen's clothing.

 

            All other retail stores and retail merchants' occupations, businesses or trades not included herein and not otherwise taxed by this chapter.

 

            D.        In any case in which the Virginia Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for PADD 1C (Petroleum Administration for Defense District - Lower Atlantic Region) has increased by 20% or greater in any one-week period over the immediately preceding one-week period and does not fall below the increased rate for at least 28 consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed 110% of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the local tax official.

 

The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the county the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the county pursuant to Virginia Code § 58.1-3703 for the license year immediately preceding the license year of such increase.

 

The Virginia Department of Mines, Minerals and Energy shall determine annually if such increase has occurred and remained in effect for such 28-day period.

 

For purposes of this subsection, the following definitions shall apply:

 

1.         "Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code § 58.1-2201.

 

2.         "Gas retailer" means a person or entity engaged in business as a retailer offering to sell at retail on a daily basis alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code § 58.1-2201.

 

(3-15-73, § 55; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, § 11-68; Code 1988; § 11-68; Ord. 98-A(1), 8-5-98; Ord. 06-8(1), adopted 5-3-06, effective 1-1-07)

 

            State law reference--Va. Code §§ 58.1-3703, 58.1-3706.

 

            This ordinance shall be effective on and after January 1, 2008.

 

 

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