[Amended 1-18-1971 by Ord. No. 853]
This ordinance is passed pursuant to Act 511
of the General Assembly of December 31, 1965 (P.L. 1257), as amended,
and shall be cited as the "Mercantile Tax Ordinance."
The following words and phrases, when used in
this ordinance, shall have the meanings ascribed to them unless the
context clearly indicates a different meaning;
PERSON
Any individual, partnership. limited partnership, association
or corporation (except such as are wholly exempt from taxation under
the Act of Assembly No. 511, as amended.
RETAIL DEALER or RETAIL VENDOR
Any person who is a dealer in or a vendor of goods, wares
and merchandise, who is not a wholesale dealer or vendor or a wholesale
and retail dealer or vendor as hereinafter defined.
COMMISSION MERCHANT
Any person who sells, or assists in the selling of any personal
property and who is paid a commission or other compensation.
[Added 7-12-1994 by Ord. No. 1303]
WHOLESALE AND RETAIL DEALER or WHOLESALE AND RETAIL VENDOR
Any person who sells to dealers in or vendors of goods, wares
and merchandise and to other persons.
The terms hereinbefore defined in this section
shall not include nonprofit corporations or associations organized
for religious, charitable or educational purposes, agencies of the
government of the United States or of the Commonwealth of Pennsylvania,
or any person vending or disposing of articles of his own manufacture
for shipment or delivery away from the place of the manufacture thereof,
or any farmer vending or disposing of his own produce, or other transaction
exempted by law.
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LICENSE YEAR
The twelve-month period beginning the first day of January
1971, and each calendar year thereafter.
COLLECTOR
The Township Secretary of the Township of Springfield or
his designated representative.
[Amended 12-29-1975 by Ord. No. 938; 9-8-2015 by Ord. No.
1560]
The annual license for every person desiring to engage in or to begin to engage in the business of wholesale and retail vendor or dealer in goods, wares and merchandise, and any person conducting a restaurant or other place where food, drink or refreshments are sold in the Township, shall, on or before the first day of each January or prior to commencing business in any such license year, apply for and procure a mercantile license for his place of business, or, if more than one, for each of his places of business in the Township, from the Collector, who shall issue the same upon payment of a fee as indicated in Chapter
40, Fee Schedule, of the Code of the Township of Springfield. Each applicant for a license shall be signed by the applicant, if a natural person, and in the case of an association or partnership, by a member or partner thereof, and in the case of a corporation, by an officer thereof. Such licenses shall not be assignable and shall be conspicuously posted at the place of business or each of the places of business of every such person at all times. In the case of loss, defacement or destruction of any license, the person to whom the license was issued shall apply to the Collector for a new license for which a fee as indicated in Chapter
40, Fee Schedule, shall be charged.
[Amended 1-18-1971 by Ord. No. 853; 4-13-1971 by Ord. No. 857; 1-11-2011 by Ord. No. 1513]
A tax to provide revenue for general Township
purposes is hereby levied, assessed and imposed upon every person
engaging in any of the following occupations or businesses in the
Township at the rate hereinafter set forth, and such persons shall
pay a mercantile tax for the year beginning January 1, 1971, at such
rate, subject to the exemptions hereinafter set forth.
A. Wholesale vendors or dealers in goods, wares and merchandise
of every kind, at the rate of one mill on each dollar of the gross
volume of business transacted by him during the license year.
B. Retail vendors or dealers of goods, wares and merchandise
of every kind, and all persons engaged in conducting restaurants or
other places where food, drink or refreshments are sold, at the rate
of 1 1/2 mills on each dollar of the gross volume of business transacted
by him during the license year.
C. Wholesale and retail vendors or dealers in goods,
wares and merchandise of every kind, at the rate of one mill on each
dollar of the gross volume of wholesale business transacted by him
and 1 1/2 mills on each dollar of the gross volume of retail business
transacted by him during the license year.
D. This ordinance shall not apply to the dollar volume
of annual business covering goods, wares or merchandise taken by a
dealer as a trade-in or as part payment for other goods, wares or
merchandise, until the said item is resold. In case of such resale,
the tax shall be at the rate of 3/4 mill on the gross volume of resale
business transacted by him.
The following subsections refer to the computation
of the estimated gross volume of business.
A. Every person subject to the payment of the tax hereby
imposed, who has commenced his business at least a full year prior
to January I, 1971, shall compute the gross volume of business upon
the actual gross amount of business transacted by him during the 12
months preceding January 1, 1971.
B. Every person subject to the payment of the tax hereby
imposed, who has commenced his business less than one full year prior
to January 1, 1971, shall compute the gross volume of business by
multiplying by 12 the monthly average of the actual gross amount of
business transacted by him during the months he was engaged in business
prior to January 1, 1971.
C. Every person subject to the payment of the tax hereby
imposed, who commences his business subsequent to January 1, 1971,
shall compute the gross volume of business for the license year upon
the gross volume of business transacted by him during the first month
of his engaging in business, multiplied by the number of months remaining
in the license year.
D. Every person subject to the payment of the tax hereby
imposed who engages in business, temporary, seasonal or itinerant
by its nature, shall compute the gross volume of business upon the
actual gross amount of business transacted by him during the license
year.
Every return, as hereinafter required by §§
129-25 and
129-26, shall be made upon a form furnished by the Collector. Every person making such return shall furnish all information requested therein and certify the correctness thereof under the penalties of perjury.
Any information gained by the Collector or any
other Township employee or official from the administration of this
tax shall be confidential, except in accordance with proper judicial
order or as otherwise provided by law, and divulgence of any information
so gained is hereby declared to be a violation of this ordinance.
[Amended 7-10-199O by Ord. No. 1230]
All taxes due and unpaid under this ordinance
shall be recoverable by the Township Solicitor as other debts due
the Township are now by law recoverable. Where suit is brought for
the recovery of any such tax, interest and penalties, the person liable
therefor shall, in addition, be liable for the legal costs of collection
and/or attorney's fees incurred by Springfield Township.
[Amended 2-14-1984 by Ord. No. 1087]
All taxes under this ordinance shall bear interest
at a rate of either 1% per month or fractional part of a month, from
the day they are due and payable until paid, or the rate on an annual
basis based on 100% of the adjusted prime rate charged by private
sector banks as shall be quoted to large businesses as the same shall
be determined by the Board of Governors of the Federal Reserve System
during April of the year that the tax is due and payable, and whichever
rate is higher shall be added to the tax due and owing. If any taxpayer
shall neglect or refuse to make any return or payment as herein required,
an additional 10% of the amount of the tax shall be added by the Secretary
and collected.
All taxes, interest and penalties received,
collected or recovered under the provisions of this ordinance shall
be paid into the treasury of the Township of Springfield for the use
and benefit of the Township of Springfield.
The provisions of this ordinance are severable,
and if any of its provisions or exemptions shall be held to be illegal,
invalid or unconstitutional, or invalid or unconstitutional as to
any part of the period designated herein as the license year, the
decisions of any court shall not affect or impair any of the remaining
provisions of this ordinance, or affect or impair its application
upon any other part of the said license year, and the requirements
as to the license shall operate as of the effective date of this ordinance,
and the computation of tax and payment thereof shall be applied and
adjusted accordingly.
It is the intent of the Board of Commissioners
that any ordinance now in effect which imposes a special license fee
or tax on specific types or kinds of business not covered by the provisions
of this ordinance shall be and remain in full force and effect.
This ordinance shall become effective January
1, 1971.