Ordinances

City of Monroeville Alabama Ordinances

ORDINANCE NO. ______

BE IT ORDAINED by the City Council of the City of Monroeville in the State of Alabama, as follows:

Sections 5-30 (Levy of tax in city), 5-31 (Levy of tax in police jurisdiction), and 5-35 (Excise tax) of Article III, Chapter 5, Code of Ordinances of the City of Monroeville, Alabama, are hereby deleted and repealed in their entirety and substituted and replaced by the following:

Sec. 5-30. Levy of Tax in the City.  
For the privilege of engaging or continuing within the city in the business activities hereinafter referred to, there is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the person on account of the business activities and in the amounts to be determined by the application of rates against gross proceeds of sales, or gross receipts, as the case may be, as follows:

(a) Upon every person, firm or corporation engaged or continuing within the city in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidence of debt or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, barges, ships and other watercraft of over fifty ton burden), an amount equal to TWO AND ONE-HALF (2 1/2) PERCENT of the gross proceeds of sales of the business except where a different amount is expressly provided herein; provided, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax measured by the gross proceeds of retail sales of such business at the rates specified, when his books are kept so as to show separately the gross proceeds of sales of each business, and when his books are not so kept he shall pay as a retailer the tax measured by the gross sales of the business; and provided, further, that where all sales of a business are single sales of peanut products, milk products, coffee, and confections sold in dispensing machines located in industrial plants or on private property for employees where such machines dispense exclusively articles not to exceed THREE (3) PERCENT of gross sales per sale, and the person operating such machines shall be engaged in the business of selling exclusively articles not to exceed THREE (3) PERCENT of gross sales per sale and shall have filed with the State Department of Revenue a sworn statement to that effect and shall keep and maintain records satisfactory to the State Department of Revenue, the tax herein provided for shall not be levied with respect to such business;
(b) Upon every person, firm or corporation engaged or continuing with the city in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within this state, or any athletic association thereof, or other association whether such institution or association be a denominational, state, county, or municipal institution or association or a state, county or city school, or other institution, association or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement or entertainment is offered to the public, or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description with the city, an amount equal to TWO AND ONE-HALF (2 ½) PERCENT of the gross receipts of any such business;

(c) Upon every person, firm, or corporation engaged or continuing within the city in the business of selling at retail machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, an amount equal to ONE AND THREE QUARTERS (1.75) PERCENT of the gross proceeds of the sales of such machines; provided, that the term "machine" as herein used, shall include machinery which is used for mining, quarrying, compounding, processing or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used;
(d) Upon every person, firm, or corporation engaged or continuing within the city in the business of selling at retail any machine, machinery, or equipment, either that which is self-propelled or otherwise propelled or drawn and which is used in planting, cultivating, and harvesting farm products, or what which is used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, an amount equal to ONE (1) PERCENT of the gross proceeds of the sale thereof. The ONE (1) PERCENT rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery, or equipment, either that which is self-propelled, or otherwise propelled or drawn and which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(e) Upon every person, firm or corporation engaged or continuing within the city in the business of selling at retail any automotive vehicle, truck trailer, semi-trailer or house trailer, an amount equal to ONE AND ONE-FOURTH (1.25) PERCENT of the gross proceeds of sales of the said automotive vehicle, truck trailer, semi-trailer or house trailer; provided, that when any used automotive vehicle, truck trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade; and provided, further, that when a taxpayer subject to the tax provided for in this subsection (e) withdraws from his stock in trade any automotive vehicle or truck trailer, semi-trailer or house trailer for use by such taxpayer or by an employee or agent of such taxpayer in the operation of such business, the tax of such taxpayer hereunder shall be measured with respect to the item so withdrawn by him by the sum of five dollars ($5.00) for each year or part thereof during which such automotive vehicle, truck trailer, semi-trailer or house trailer so withdrawn shall remain the property of such taxpayer, each such year or part thereof shall begin with the day or the anniversary date, as the case may be, of such withdrawal and shall run for the twelve succeeding months or part thereof during which such automotive vehicle, truck trailer, semi-trailer or house trailer so withdrawn shall remain the property of such taxpayer.

(f) There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodging, or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the rate of FOUR (4) PERCENT of the charge for such room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in such room. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of thirty (30) continuous days or more in any place.

Sec. 5-31. Levy of Tax in police jurisdiction.  
For the privilege of engaging or continuing in the business activities hereinafter referred to within the police jurisdiction of the city outside of its corporate limits, there is hereby levied, in addition to all taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the persons on account of the business activities and in the amounts to be determined by the application of rates against gross proceeds of sales or gross receipts, as the case may be, as follows:

(a) Upon every person engaged or continuing within the police jurisdiction of the city and beyond the corporate limits thereof, in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debt or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, barges, ships and other watercraft of over fifty tons burden), and amount equal to ONE AND ONE-FOURTH (1.25) PERCENT of the gross proceeds of sales of the business except where a different amount if expressly provided herein; provided that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax measured by the gross proceeds of retail sales of such business at the rates specified, when his books are kept so as to show separately the gross proceeds of sales of each business, and when his books are not so kept he shall pay as a retailer the tax measured by the gross sales of the business; and provided, further, that where all sales of a business are single sales of peanut products, milk products, coffee, and confections sold in dispensing machines located in industrial plants or on private property for employees where such machines dispense exclusively articles not to exceed THREE (3) PERCENT of gross sales per sale, and the person operating such machines shall be engaged in the business of selling exclusively articles not to exceed THREE (3) PERCENT of gross sales per sale and shall have filed with the State Department of Revenue a sworn statement to that effect and shall keep and maintain records satisfactory to the State Department of Revenue, the tax, herein provided for shall not be levied with respect to such business;

(b) Upon every person, firm or corporation engaged or continuing with the police jurisdiction of the city and beyond the corporate limits thereof, in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within this state, or any athletic association thereof, or other association whether such institution or association be a denominational, state, county, or municipal institution or association or a state, county or city school, or other institution, association or school), skating rinks, race tracks, gold courses, or any other place at which any exhibition, display, amusement or entertainment is offered to the public, or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description within the police jurisdiction of the city and outside its corporate limits, an amount equal to ONE AND ONE-FOURTH (1.25) PERCENT of the gross receipts of any such business;

(c) Upon every person, firm or corporation engaged or continuing within the police jurisdiction of the city and beyond the corporate limits thereof, in the business of selling at retail machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, an amount equal to ONE HALF OF ONE AND THREE-QUARTERS (.875) PERCENT of the gross proceeds of the sale of such machines; provided, that the term "machines", as herein used, shall include machinery which is used for mining, quarrying, compounding, processing or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used;

(d) Upon every person, firm, or corporation engaged or continuing within the police jurisdiction of the city and beyond the corporate limits thereof, in the business of selling at retail any machine, machinery, or equipment either that which is self-propelled or otherwise propelled or drawn and which is used in planting, cultivating, and harvesting farm products, or that which is used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, and amount equal to ONE HALF OF ONE (1) PERCENT of the gross proceeds of the sale thereof. The ONE HALF OF ONE (1) PERCENT rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery, or equipment, either that which is self-propelled or otherwise propelled or drawn and which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(e) Upon every person, firm, or corporation engaged or continuing with the police jurisdiction of the city and beyond the corporate limits thereof, in the business of selling at retail any automotive vehicle, truck trailer, semi-trailer or house trailer, an amount equal to ONE-HALF (1/2) OF ONE AND ONE-QUARTER (1.25) PERCENT of the gross proceeds of the sale of the said automotive vehicle, truck trailer, semi-trailer or house trailer; provided, that when any used automotive vehicle, truck trailer, semi-trailer or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade; and provided, further, that when a taxpayer subject to the tax provided for in this subsection (e) withdraws from his stock in trade any automotive vehicle or truck trailer, semi-trailer, or house trailer for use by such taxpayer in the operation of such business, the tax of such taxpayer hereunder shall be measured with respect to the item so withdrawn by him by the sum of five dollars ($5.00) for each year or part thereof during which such automotive vehicle, truck trailer, semi-trailer or house trailer so withdrawn shall remain the property of such taxpayer. Each such year of part thereof shall begin with the day or the anniversary date, as the case may be, of such withdrawal and shall run for the twelve succeeding months or part thereof during which such automotive vehicle, truck trailer, semi-trailer or house trailer so withdrawn shall remain the property of such taxpayer.

(f) There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodging, or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the rate of TWO (2) PERCENT of the charge for such room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in such room. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of thirty (30) continuous days or more in any place.

Section 5-35. Excise Tax.
(a) An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property (not including materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships and other watercraft of more than fifty (50) tons burden purchased at retail for storage, use or other consumption in the city at the rate of TWO AND ONE-HALF (2 ½) PERCENT of the sales price of such property within the corporate limits of the city.

(b) An excise tax is hereby imposed on the storage, use or other consumption in the city of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail at the rate of ONE AND THREE-QUARTERS (1.75) PERCENT of the sales price of any such machine, within the corporate limits of the city; provided, that the term “machine” as herein used shall include machinery which is used for mining, quarrying, compounding, processing or manufacturing tangible personal property, and the parts of such machines and which are necessary to the operation of such machines and are customarily so used.

(c) An excise tax is hereby imposed on the storage, use or other consumption in the city of any automotive vehicle or truck trailer, semi-trailer or house trailer purchased at retail for storage, use or other consumption in the city at the rate of ONE AND ONE-FOURTH (1.25) PERCENT of the sales price of such automotive vehicle, truck trailer, semi-trailer or house trailer within the corporate limits of the city. Where any used automotive vehicle, truck trailer, semi-trailer or house trailer is taken in trade, or in a series of trades as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(D) An excise tax is hereby levied and imposed on the storage, use or other consumption in the city of any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machine, machinery or equipment, and which are necessary to and customarily used in the operation of such machine, machinery or equipment, which is purchased at retail for the storage, use or other consumption in the city at the rate of ONE (1) PERCENT of the sale price of such property within the corporate limits of the city, regardless of whether the retailer is or is no engaged in the business in this city; provided, however, the ONE (1) PERCENT rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery or equipment which is used in connection with the production of agricultural produce, livestock and poultry on farms is taken in trade or in a series of trades as a credit or party payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold, less the credit for the used machine, machinery or equipment taken in trade.

The taxes levied herein shall be subject to all definitions, exceptions, exemptions, proceedings, requirements, rules, regulations, provisions, discounts, penalties, fines, punishments, and deductions that are applicable to the taxes levied by the state use tax statutes, except where inapplicable or where herein otherwise provided, including all provisions of the state use tax statutes for enforcement and collection of taxes.
 
THIS ORDINANCE SHALL TAKE EFFECT JUNE 1, 2017.

ADOPTED AND APPROVED this 1st day of May, 2017.


__________________________________
Joseph Oglesby, Mayor

ATTEST:

______________________________
Mary Jackson, City Clerk
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