Minutes 01/23/1996 - Laserfiche WebLink

Home Browse Search

CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 96-1 UDiform BPOL Ordinance WHEREAS, a proposal was made at the 1995 Session of the General Assembly to repeal the statutory authority for the enactment of BPOL ordinances by local governments, and, WHEREAS, one of the arguments in support of said proposal was the lack of uniformity in the enforcement of BPOL ordinances by various localities in Virginia and, WHEREAS, the Virginia Municipal LeagUe has recommended that each city in Virginia enact an Uniform BPOD Ordinance as heroinafterwards set forth, NOW THEREFORE, BE IT ORDAINED by the Council Of the City of Martinsrills in regular session held on January23, 1996, as follows: A. Overridin~ Confl~ctin~ Ordinances. Except as may be otherwise provided by the laws of the Commonwealth of Virginia, and withstanding any other current ordinances or resolutions enacted by Council, whether or not compiled in the Code of this City, to the extent of any conflict, the following provisions shall be applicable to the levy, assessment, and collection of licenses required and taxes imposed on businesses, trades,· professions and callings and upon the persons, firms and Corporations engaged therein within this locality. B. DefinitiOn~. For the purposes of this ordinance, unless otherwise required by the context: ,,Affiliated group" means: (a) One Or more chains of includible corporations connected through stock ownership with a common parent corporation which is an includible corporation if: (i) Stock possession at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of each of the includible corporations, except the common parent corporation, is owned directly by one Or more of the other includible corporations; and (ii) The common parent corporation directly owns stock possessing at least eighty percent of the voting power of all.classes of stock and at least eighty percent of each class Of the corporations. As used in this subdivision, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends- The Term "inCludible cor[~or'atiol~" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts": includes gross receipts and gross income. (b) Two or more corporatiQns if five Or fewer persons who are individuals, estates or trusts own s~tock possessing: (i) A~ least eighty percel]t of the total combined voeing power of all classes of stock entitled to vote or at least eight percent Of the total value Of shares of all classes of the stock of each Corporation, and (ii) More than fifty percent of the total combined voting power of all classes of stock entitled to vote or more than fifty percent Of the total value of shares of all classes or stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. When one or more of the includible corporations, including the common parent corporation is a nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context. ,,Assessment" means a determination as to the proper rate of. tax, the measure to which the tax rate is applied, and ultimately, the amount of tax, including additional or omitted taX, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by s taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered ~o the taxpayer by the assessing Official Or an employee of tl~e assessing Official, Or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of e return or the payment of tax, as the case may be. "Assessor" or "assessing official" means the Commissioner of Revenue of the City of Martinsville. "Base year" means the 12 months preceding the license year, which shall begin on each May 1st and shall end on each succeedi-ng April 30th.