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HomeMy Public PortalAbout2019_11-26_O020 Public Hearing for Amendments to the Business, Professional and OccupationalLicense Tax Provisions of Town Code for State Code ComplianceThe Town of Leesburg, Virginia PRESENTED: ORDINANCE NO. 2019-0-020 ADOPTED: November 26, 2019 November 26, 2019 AN ORDINANCE: AMENDING LEESBURG TOWN CODE CHAPTER 20 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS), ARTICLE IX (BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAX) WHEREAS, sections 15.2-107; 15.2-1102; 15.2-1104; 15.2-1427; and 58.1-3700 through 58.1-3710 of the Code of Virginia of 1950, as amended, authorize the governing body to make the necessary changes to the Town Code, as set forth below; and WHEREAS, § 58.1-3703 Code of Virginia of 1950, as amended, authorizes localities to impose local license taxes and fees, and provides a structure for such taxes and fees, which structure differentiates between localities with a population of 50,000 or less, and those with a population greater than 50,000; and WHEREAS, the Town has enacted Business, Professional and Occupational License ("BPOL") Tax provisions based upon a Town population between 25,000 and 50,000; and WHEREAS, population figures approved for use in accordance with Virginia Code § 58.1-3703 now estimate the Town's population at over 50,000; and WHEREAS, the Town Council determines it to be appropriate to amend the Business, Professional and Occupational License Tax provisions of the Town Code to authorize taxes and fees in accordance with Virginia Code provisions applicable to localities with a population over 50,000. THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia: SECTION I. Town Code Chapter 20 (Licenses, Taxation and Miscellaneous Regulations), Article IX (Business, Professional and Occupational License Tax), Section 20-242 is hereby amended as follows: -2- AN ORDINANCE: AMENDING LEESBURG TOWN CODE CHAPTER 20 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS), ARTICLE IX (BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAX) Sec. 20-242. - License fee and tax. Every person or business subject to licensure under this article shall be annually assessed and required to pay annually the greater of: (1) Persons or businesses with gross receipts of $100,000 or less: an annualA fee for the issuance of such license in the amount established by the town council; or (2) Persons or businesses with gross receipts greater than $100,000: Except as may be otherwise provided in Code of Virginia, §§ 58.1 3712 and 58.1 3713, an annual license tax on all the gross receipts of such persons includable as provided in this article at the rate established by the town council for the class of enterprise listed. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IV. This ordinance shall be effective upon its adoption. PASSED this 26th day of November, 2019. Kelly B k, or;at ' —/L___ Town of Leesburg ATTEST: Clerk of Council LF\LeesburgRMS\Town_Clerk\Ordinances\2019\1126 Public Hearing for Amendments to the Business, Professional and Occupational License Tax Provisions of Town Code for State Code Compliance