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LICENSE ORDINANCE AN ORDINANCE TO IMPOSE A LICENSE TAX ON ALL PERSONS, FIRMS, AND CORPORATIONS WHO EN GAGE IN, PROSECUTE, OR CARRY ON ANY BUSINESS OR PROFESSION IN THE CITY OF CLINTON, SOUTH CAROLINA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, SOUTH CAROUNA, IN COUNCIL ASSEMBLED: Section 1. That the following special license taxes are hereby imposed for the privilege of carrying on the business, trade, profession, or doing the acts named or described herein, within the corporate limits of the City of Clinton, South Carolina, from the 1st day of January, 1969, to the 31st day of December, 1969, inclusive, and annually thereafter until repealed or amended,and that the same shall be due and payable on or before the 15th day of April, 1969, and each year thereafter, unless otherwise herein provided, except in cases where a person, firm, company, or corporation shall inaugurate and start a new business or enterprise, whereupon the license tax for the same shall be due and payable on the day such busi ness is begun. New businesses which shall apply for a license on or after January 1st shall pay the minimum fee as stated in the ordi nance for its classification at the time of acquiring the license and at the end of the calendar year the total license payment based on the actual business done shall be due and payable with credit allowed for the amount which has previously been paid. The license tax for the second year shall be calculated on the basis of the business done in the first calendar year multiplied by the number of months necessary to give business done in twelve months. The amount of the said special license tax shall be the amount placed opposite each business, trade, profession, or act hereinbelow named, respectively, and the amount shall be the cost of said special license tax per annum unless other wise specified, to wit: ADVERTISING— Advertising by motor vehicles or otherwise in the streets, including distribution of handbills, circulars or other advertising matters, or bill posting, whose gross annual income is $3,000 or less $35.00 For each additional $1,000 of gross annual income _ .75 Provided, the provisions hereof shall not apply to any person, firm, or corporation maintaining a place of business in the City of Clinton when such advertising is restricted to the advertising of said business by the person having the license to operate said business. ADVERTISING AGENCY, REPRESENTATIVE OF PUBLISHER OR ADVERTISER FOR PURPOSE OF SELLING OR BUYING ADVERTISING SPACE— Whose gross annual income is $10,000 or less — 30.00 For each additional $1,000 of gross annual income — .75 AGENTS FOR LAUNDRIES— Whose gross annual income is $2,000 or less 20.00 For each additional $1,000 of gross annual income .75 ARCHITECTS— Whose gross annual income is $25,000 or less - 35.00 Whose gross annual income is more than $25,000 but less than $50,000 50.00 For each additional $1,000 of gross annual income 75 AUCTIONEERS— Whose gross annual sales are $10,000 or less 25.00 For each additional $1,000 of gross annual sales — -75 AUDITORS OR CERTIFIED PUBLIC ACCOUNTANTS— Whose gross annual income is $25,000 or less 35.00 Whose gross annual income is more than $25,000 but less than $50,000 50.00 For each additional $1,000 of gross annual income .75 AUTOMOBILE SERVICE STATIONS— Whose gross annual sales are $10,000 or less . .. 25.00 For each additional $1,000 of gross annual sales .75 AUTOMOBILE REPAIR SHOP, BODY SHOP OR PAINT SHOP— Whose gross annual income is $3,500 or less For each additional $1,000 of gross annual income AUTOMOBILE AGENTS OR DEALERS— Same as retail merchants. Provided, however, gross sales to includle all sales less trade-in allowances and deductions may be made for new cars sold wholesale to other dealers where no profit is realized BARBER SHOPS— Each operator, per year BEAUTY SHOPS— Each operator, per year BOOTBLACKS— First chair, per year For each additional chair BOTTLING WORKS— Whose gross annual sales are $10,000 or less For each additional $1,000 of sales Itinerants or those not having a bottling plant in the City of Clinton and delivering from trucks and other motor vehicles whose gross sales are $10,000 or less —. For each additional $1,000 of sales BUILDING OR SAVINGS AND LOAN ASSOCIATIONS Per year BUS STATIONS OR TERMINALS— Where tickets are sold or offered for sale Whose gross annual sales are $1,000 or less For each additional $1,000 of gross annual sales CANVASSERS OR PEDDLERS— Selling goods, wares or merchandise of whatsoever kind Whose gross annual income is $5,000 or less For each additional $1,000 of gross annual income Per day - CEMENT BLOCK OR READY MIX CONCRETE DEALERS— Whose gross annual income is $10,000 or less For each additional $1,000 of gross annual income — CONTRACTORS— Building, grading, hauling, paving, landscaping, elec trical, plumbing, heating, air conditioning, glazing, painting, floor finishers, excavating, carpenters, paper hangers, roofing, brickmasons, tile setters, and any other contractor who for a fixed price, commission, fee or wage is held responsible by the negotiating party for the successful completion of the Job. All sub-con tractors must have separate licenses. No licenses , shall be issued at any time during the year except at the full annual rate; the rate shall not be pro-rated in any manner. No"license issued under this ordinance shall be farmed out to sub-contractors, but each con tractor shall pay on the basis of his or their gross contract. Where there is a single contract not exceeding $1,000 . 12.50 Where more than one contract but none exceeding $1,000 25.00 Where have contract not exceeding $25,000 but over $1,000 50.00 Where have contract not exceeding $50,000 but over $25,000 — 75.00 Where have contract exceeding $50,000 100.00 Each contractor shall be responsible for the removal of all waste, debris, trash and garbage resulting from his activities and no such waste, debris, trash or garbage shall at any time be placed or permitted to remain on any street, roadway, or sidewalk. Supervisors or foremen of buildings, employed as such by the owners of buildings, or as an individual, shall pay the same rate as contractors. CHIROPRACTORS AND CHIROPODISTS— Same as Physicians CIRCUSES— At the discretion of the Mayor and Council Per ring, per day A 100.00 Parade, where exhibition is held outside corporate limits 290.00 COTTON GINNERS— First gin, per year 50JO For each additional gin, per year 10.00 10.00 10.00 5.00 2.50 65.00 .75 65.00 .75 50.00 3500 .75 50.00 75 5.00 35.00 .75 COAL OR WOOD OR ICE DEALERS— Whose gross annual Income is $1,000 or less For each additional $1,000 of gross annual income CREDIT REPORTING AGENCY OR BUREAU— Whose gross annual Income is $10,000 or less — For epch additional $1,000 of gross annual income DEALERS IN FRUITS— Dealers in fruits, melons, or vegetables selling from car or truck by itinerants, each day, per day DEUVERY VEHICLES— All out of town delivery vehicles delivering merchan dise, per year —- DENTISTS— Whose gross annual income is $25,000 or less Whose gross annual income is more than $25,000 but less than $50,000 For each additional $1,000 of gross annual income DIAPER SERVICES— Whose gross annual sales is $5,000 or less for each additional $1,000 of gross annual sales DRY CLEANERS AND LAUNDRIES— Whose gross annual income is $5,000 or less For each additional $1,000 of gross annual income ELECTRICIANS, PLUMBERS, TINNERS— Whose gross annual income is $5,000 or less For each additional $1,000 of gross annual income EXPRESS COMPANIES OR AGENTS— For business done exclusively in the City of Clinton, but not including business done to and from points without the State of South Carolina or for the Govern ment of the United States Whose gross annual income is $3,000 or less For each additional $1,000 of gross annual income FINANCE COMPANIES AND PAWN SHOPS— Persons, firms or corporations engaged in money lending Whose gross annual income is $5,000 or less For each additional $1,000 of gross annual income GENERAL REPAIR, UPHOLSTERY, RADIO OR TV SHOPS— Including persons doing same without shop Whose gross annual income is $5,000 or less For each additional $1,000 of gross annual income HOTELS- Per room, per year INSURANCE COMPANIES— Life, fire, sick benefit, casualty, accident, fidelity, guaranty, liability, boiler or other like insurance com panies represented by transient solicitor or agent, with weekly gross income of $500 or less, per week For each additional $100 of gross annual income, per week INSURANCE COMPANIES (CASUALTY)— Insurance companies handling accident, sick benefit, fidelity, guaranty, plate glass, boiler, liability, live stock, casualty or other like insurance Whose gross annual income is $750.00 or less For each additional $100 of gross annual income, per year INSURANCE COMPANIES (FIRE) Each company doing business in the City shall pay an annual license tax of 2% of the gross amount of premiums, including renewals, collected during the preceding calendar year by the company and the agent or representative thereof. For the purpose of com puting and collecting the license tax on any fire insur ance company having an agent or agents in the City of Clinton or doing business in the City of Clinton, or issuing policies of any nature covering any property, real or personal, or covering any risk in City of Clinton. (a) The City shall compute and collect two (2%) per cenUof the gross amount of all premiums collected by the agent ot the company, whether the property or risks be located within the City or not. Provided, that no such computation or collect.on shall be made on any premium collected upon a risk located in another municipality within the State of South Carolina upon which such other municipality assesses and collects a business license. (b) The City shall compute and collect two (2%) per cent of the gross amount of all premiums charged by an insurance company for the issuance of any policy which covers any property, real or personal, or any risk, located in the said City, whether the prem ium be collected by an agent doing business in the City or by any other agent of the Company whereso ever residing. On or before February 15th of each year all agents shall file with the City Clerk a statement under oath showing all premiums collected by the agent and premiums originating from policies, countersigned by the agent, covering any risks located within the City of Clinton, although the premiums are not actually collected by such agent. Each insurance company issuing any policy or policies covering any property or risks located in the City of Clinton shall file with the City Clerk on or be fore February 15th of each year a statement under oath showing all premiums collected on insurance policies issued during the preceding year by said company and covering any property or risks located in the City. Such statement, however, is not to include any premiums reported and shown upon the sworn statement of its agent, but all others. It is hereby declared that it shall be conclusively presumed that the premiums charged for the issuance of any policy covering any property, real or personal, or risk within the CU>v were collected within the City. INSURANCE COMPANIES (LIFE)— Each Life Insurance company having a gross annual premium income of $500 or less, per year Having a gross annual premium income of more than $500 but not more than $5,000, per year Having a gross annual premium income of more than $5,000 but no^ more than $10,000, per year Having a grosS x annual premium income of more than $10,000 per year This section shall apply only to premiums collected or renewed on the lives of persons residing within the corporate limits of the City. JUNK DEALERS— Dealers in junk, or used iron, scrap, metal, paper, cloth, glass, or other materials, buying, selling, pro cessing, or cutting the same Whose gross annual income is $10,000 or less For each additional $1,000 of gross annual income _.... LAWYERS— Whose gross annual income is $25,000 or less Whose gross annual income is more than $25,000 but less than $50,000 For each additional $1,000 of gross annual income MERCHANTS, RETAIL— Retail merchants and all persons, firms or corpora tions selling at retail at an established place of busi ness articles of trade or merchandise for which a special license is not required Whose gross annual sales are $10,000 or less For each additional $1,000 of gross annual sales MERCHANTS, WHOLESALE— Wholesale merchants and wholesale dealers in hay, grain, provisions, goods, wares or merchandise who carry a stock of goods within a warehouse or store room, whose gross annual sales are $25,000 or less For each additional $1,000 of gross annual sales The basis for ascertaining the amount of the licenses due shall be the gross amount of all sales, cash and credit, for the preceding year. MACHINE SELLERS OR VENDORS- Dispensing candy, gum, nuts, drinks, tobacco products and othe*- merchandise, or machines used for amuse ment One cent in slot machine, per machine, per year Five cents in slot machine, per machine, per year Ten cents in slot machine, per machine, per year Separate license shall be obtained for each such ma chine and in each place of busmess where the machine 15.00 .75 30.00 .75 5.00 25.00 35.00 50.00 .75 20.00 .75 30.00 .75 30.00 .75 50.00 .75 75.00 .75 25.00 .75 1.50 15.00 2.00 15.00 2.00 15.00 40.00 60.00 75.00 50.00 .75 35.00 50.00 .75 25 (XT .75 25.00 .75 250 5.00 7.50 is operated, properly displayed on such machine at all times for inspection Operator of said place of business shall be responsible for license without regard to the ownership of said machine. MARBLE YARDS OR AGENCIES FOR MEMORIALS— Whose gross annual sales are $10,000 or less 20.00 For each additional $1,000 of gross annual sales 75 Who maintains no yard but makes single sale, per sale 10 00 MECHANICS— Working on automobiles who do not maintain regular place of business Whose gross annual income is $1,000 or less 15.00 For each additional $1,000 of gross annual income 75 MOVING PICTURE SHOWS— Whose gross annual income is $10,000 or less 75.00 For each additional $1,000 of gross annual income .75 MANUFACTURERS (INCORPORATED)— Having capital stock of $50,000 or less, per year 75.00 Having capital stock of more than $50,000 but not more than $100,000, per year 100.00 Having capital stock of more than $100,000 but not more than $250,000, per year 250.00 Having capital stock of more than $250,000 but not more than $500,000, per year 500 00 For each additional $1,000 of capital stock .50 MANUFACTURERS (UNINCORPORATED)— Having assets in manufacturing business of $50,000 or less, per year 75.00 Having assets of more than $50,000 but not more than <1100,000, per year 100.00 Having assets of more than $100,000 but not more than $250,000, per year 250.00 Having assets of more than $250,000 but not more than $500,000, per year 500.00 For each additional $1,000 of assets .50 NEWSPAPERS— Whose grcss annual income is $20,000 or less 35.00 For each additional $1,000 of gross annual income 75 OIL AND GAS COMPANIES— Whose gross annual income is $20,000 or less 50.00 For each additional $1,000 of gross annual income 75 OPTICIANS, OPTOMETRISTS AND OCULISTS— Same as for Physicians POOL TABLES— For each table, per year 25 00 PHOTOGRAPHERS AND/OR PHOTOPRINTING— Whose gross annual income is $5,000 or less 25.00 For each additional $1,000 of gross annual income .75 PHOTOGRAPHERS— Transient, itinerant photographers Each photographer, per day 10.00 Each solicitor for such photographer, per day 5.00 SIGN PAINTERS OB ERECTORS OR MAINTENANCE— Whose gross annual income is $500 or less 10.00 For each additional $100 of gross annual income 75 Such license not to be pro-rated or sold for less than the full annual rate SKATING RINKS, BOWLING ALLEYS, RACETRACKS— Whose gross annual income is $5,000 or less 25.00 For each additional $1,000 of gross annual income 75 PHYSICIANS— Whose gross annual income is $25,000 or less 35.00 Whose gross annual income is more than $25,000 but less than $50,000 50 no For each additional $1,000 of gross annual income 75 PRINTING OFFICE— Whose gross annual income is $3,000 or less 25.00 For each additional $1,000 of gross annual income 75 RADIO BROADCASTING STATIONS— • Maintaining offices or soliciting advertising in the City of Clinton Whose gross annual income is $10,000 or less 50.00 For each additional $1,000 of gross annual income .75 RESTAURANTS, CAFES, AND EATING HOUSES- Whose gross annual income is $10,000 or less 25.00 For each additional $1,000 of gross annual income .75 Before license is issued, applicant must furnish certifi cate of approval from State Board of Health. RAILROAD COMPANIES OR AGENCIES— For business done in the City of Clinton, regulated by Act of Legislature, Section 65-921 of Code of Laws, 1962, as follows: Municipality having population of between 5,000 and 10,000 ^ For first 1,000 population 25.00 For each additional 1,000 population or major fraction thereof 30.00 REAL ESTATE AGENTS OR BROKERS— Whose gross annual income is $25,000 or less 36.00 Whose gross annual income is more than $25,000 but less than $50,000 50.00 For each additional $1,000 of gross annual income 75 SHOWS, PERFORMANCES, EXHIBITIONS— All kinds, except circuses, whose gross dally Income is $500 or less, per day, (and then at Mayor’s discretion) _ 60.00 SALES BARN— Whose gross annual sales are $50,000 or less ... 50.00 For each additional $1,000 of gross annual sales .75 SHOE REPAIR SHOPS— Whose gross annual income is $1,000 or less 15.00 For each additional $1,000 of gross annual income ._ .75 TAXICABS— Each vehicle, per year 40.00 No taxicab shall be licensed to operate in the City of Clinton unless the same is registered with the State Highway Department in Laurens County School Dis trict No. 56 and in the City of Clinton, and unless such taxicab is returned for property taxes in said School District and in the said City of Clinton, and unless all City of Clinton property taxes assessed thereon have been paid. Before the issuance of any license for a taxicab, the applicant for such license shall first file with the City Clerk a policy of insurance issued by a company doing business in the State of South Carolina, covering such taxicab for liability in amount of not less than $10,000 for injury to one person and In the amount of not less than $20,000 for injury to more than one person injured in one accident, and in an amount of $5,000 for damage to property of any per son or persons. Said insurance shall be of a type and in a company approved by the City Council and shall be maintained in full force at all times during the term of the license issued thereunder, and it shall be unlawful for any taxicab to be operated in the City of Clinton at any time without having such in surance in full force and effect. TELEPHONE COMPANIES— Local, each for doing business exclusively in the City of Clinton, but not including business done to and from other points without the State or for the Government of the United States Whose gross annual income is $10,000 or less 150.00 For each additional $1,000 of gross annual income ___ .75 TELEGRAPH COMPANIES- Whose gross annual income is $2,000 or less 60.00 Whose gross annual income is more than $2,000 but not more than $3,000 78.00 Whose gross annual income is more than $3,000 but not more than $5,000 100.00 Whose gross annual income is more than $5,000 125.00 TERMITE EXTERMINATORS— Whose gross annual income is $10,000 or less 50.00 For each additional $1,000 of gross annual income .75 As a condition precedent to the granting of a license for terminte exterminator, the applicant shall file with thp City Clerk a surety bond in the amount of $5,000 in such form as the City Clerk shall approve; further, in the case of applicants who maintain no place of busi ness in the City of Clinton such license shall be valid only when presented to the City Clerk for endorsement on each day that such applicant shall solicit or perform work within the City, such endorse ment to be without charge. TREE SURGEONS AND PRUNERS— Whose gross annual Income is $10,000 or less 36.00 For each additional $1,000 of gross annual income — .W UNDERTAKERS OR FUNERAL DIRECTORS— Whose gross annual income is $10,000 or less 36.61 For each additional $1,000 of gross annual income — -78 VETERINARIANS— Same as for Physicians WAREHOUSES— For storage of cotton, grain or other commodities Whose gross annual income is $2,500 or less 25.00 For each additional $1,000 of gross annual income .75 WASHETERIAS— Whose gross annual Income is $o,000 or less 20.00 For each additional $1,000 of gross annual Income — -75 WELDING SHOPS, CABINET OR GENERAL RE PAIR SHOPS, Whose gross annual income is $5,000 or less’ 25.00 For each additional $1,000 of gross annual income — -75 A separate license shall be required for each place of busi ness and every class of business for which a license tax is required by this ordinance. Where two or more kinds of busi nesses are conducted in the same place, it shall be the duty of the licensee to keep an accurate account of the affairs of each kind of business and to separate satisfactorily the affairs of each so that the proper amount of tax imposed and payable on each type of business may be readily ascertained. Other wise the maximum rate applicable to any type of business being operated shall apply to the whole. Section 2 That all licenses issued under and by virtue of this ordinance shall be non-transferable and except for a license for a day, week, or month, shall terminate and end on the 31st day of December 1969, but may be revoked at any time by the City Council of the City of Clinton on satisfactory cause being shown; and except licenses issued for a day, a week, or a month, annual rate shall be charged for all licenses issued prior to June 1st, 1969, three-fourths of the tannual rate shall be charged for all licenses issued after may 31st, 1969, and prior to September 1st, 1969, except as otherwise herin- provided; and one half the annual rate shall be charged for all licenses issued after April 31st, 1969, and prior to Decem ber 31st, 1969, except as otherwise herein provided. Section 3. That every person, corporation, or partnership required by this ordinance to obtain a license to engage in any business, trade, profession, or occupation, for which a license is required, shall at the time of applying for such license, or any time as may be required by the City Council, furnish to the City Clerk, or auditor of the City, such other and further information as may be necessary for correctly ascertaining the license to be assessed and collected. Section 4 Any person, firm, company, or corporation prosecuting or engaging in any business, trade or occupation, or profession or keeping or maintaining any establishment named in this ordinance without first having paid the license tax imposed thereon, or shall violate otherwise any of the terms or provisions of this ordinance, shall upon conviction, be fined not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, at the discretion of the Recorder Section 5. Where a license is imposed by this ordinance upon any business, profession, or occupation, and such busi ness, profession, or occupation is carried on or conducted by an agent, clerk, or employee, such agent, clerk or employee shall be subject to all the penalties herein imposed should the said business, profession or occupation be carried on or prose cuted without the license imposed having been paid in the same manner as if such agent, clerk or employee were the proprietor of such business, profession, or occupation. Section 6. Where the amount of the license provided for herein is dependent upon the amount of the income, receipts, or sales, the basis for ascertaining the amount of the license shall be the amount of the income, receipts, or sales for the preceding year ending December 31st, 1968, except in the case of new businesses which are otherwise herein provided for Section 7. That every person, firm, company, or corpora tion required by this ordinance to obtain a license to engage in any business, trade or profession within the corporate limits of the City of Clinton shall, at the time of applying for such license, make application therefor in writing vo the City Clerk, on form supplied for the purpose, setting forth: (a) Style name of the person, firm, company or cprpora- tion; (b) Location at which the trade, business, or profession is to be conducted: (c) The trade, business, profession or occupation for which a license is required; (d) The full and true amount of the gross sales, receipts, premiums, commissions, income, or other form of measur able returns from the trade, business, profession, or occu pation during the preceding calendar year. As herein re quired, the report of gross sales, receipts, premiums, com missions, and income shall include all business done, wheth er within or without the city limits of the City of Clinton and shall be the same as reported as total gross receipts for income tax purposes to the Federal Government, or to the South Carolina Tax Commission, or to the Insurance Commissioner of the State of South Carolina. All the infor mation herein required shall be given under oath of the owner, or a member of the firm, or an officer of the cor poration, or by an authorized employee having exact knowl edge of actual business done; (e) Provided, where business is solicited, sales are made and goods delivered or transactions are completed and license paid on same to an incorporated town or city other than City of Clinton, this amount shall be deducted from the total gross receipts and such information shall be fur nished with application. Section 8 In the event that it shall appear to the City Clerk that there are errors or inaccuracies in the statements as submitted as to the amount of value of the business car ried on, the City Clerk is authorized to make examination of the books and records of such licensee and to secure information directly and indirectly that may determine the correct total gross receipts of such business, and should the result of such examination show that said statement is in error the City Clerk is authorized to make such adjust ment as may be necessary. Section 9. For any business, trade, occupation, or profes sion not enumerated in Section 1 of this ordinance, the license shall be fixed by the Mayor and he is hereby given full power and authority to fix the same and such license therefor as shall be fixed by the Mayor shall be as binding in every respect as though it were specifically enumerated and/or designated in this ordinance. Section 10. The license taxes herein imposed are levied for the purpose of raising funds to meet the ordinary annual ex penses of the City of Clinton for the fiscal year commencing on the 1st day of January, 1969, and for the purpose of paying in whole or in part legal indebtedness of the said City incurred for ordinary expenses thereof falling due during said fiscal year. Section 11. All annual licenses must be paid on or before April 15, 1969, or penalty of an additiinal ten (19%) per centum of the amount herein stated shall be charged after April 15, 1969. If said license tax is not paid on or before April 30, 1969, the business shall be closed by the Chief of Police and action brought in Recorder’s Court for the City under Section 4 of this ordinance for the misdemeanor of doing business without a license. Section 12. If any word, clause, sentence or section of this ordinance be declared unconstitutional or in contravention of any law or laws of the State of South Carolina or of the United States, such shall not affect any other word, clause, sentence, or section hereof. Section 13. This ordinance shall be effective from the date of its passage. DONE AND RATIFIED by the City Council of the City of Clinton, South Carolina, in Council assembled, and the seal of the City of Clinton affixed this the 2nd day of December, 1969. HARRY C. LAYTON, Mayor. (SEAL) Attest: W. BROOKS OWENS, , City Clerk