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HomeMy WebLinkAbout90-10-45231087 ORDINANCE NO. 90-10-4523 AN ORDINANCE REPEALING SECTION 17-74 AND AMENDING SECTION 17-79 OF CHAPTER 17, LICENSES AND OCCUPATIONAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sec. 17-74, Building Trades, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby repealed in its entirety. SECTION 2. That Sec. 17-79, Contracts and Builders, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 17-79. Builders/Contractors/Tradesmen. "(a) Any person engaging in the business of a builder/contractor/tradesman shall pay an annual license tax under Schedule D of Section 17-57 on all money, credits and the value of property of any kind received from contracts and jobs entered into for work or materials in the city or from the sale of buildings constructed by such person; provided, however, that the minimum annual license tax of such a person shall be one hundred fifty dollars ($150.00). The terms ' ¢¢4U400 builder/contractor/tradesman' A44/16u11 00 1, as used in this section, mean any person who does any work, or who assumes authority or control, or who supervises, manages, co- ordinates or directs the work of others, whether he is paid for his work or the work of others on an hourly, daily, or other time period basis, or on a piecework basis, or by a flat sum or on a commission basis under contract, in the erection, construction, alteration, wrecking, razing, moving, painting, improvement, or repair of any building, structure or construction project of any character or nature, or any part thereof, or who is delegated by the owner to do so, but these terms do not include employees of licensed builders/contractors/ tradesman. (b) The award of a contract, bidding or solici- tation for any of the types of work mentioned in this section or the performance of such work within the city shall be deemed to be doing business in the city within the meaning of this article. (c) The building inspector of the city shall not issue a permit for the erection, construction, alteration, wrecking, razing, moving, painting, improvement or repair of a building, or a permit for any other operation for which a 1088 permit is required to a ¢¢¢tiAON¢ builder/contractor/ tradesman who has not paid the license tax prescribed by this section, nor shall any officer, agent or employee of the city execute any contract with or purchase any material from a builder/contractor/tradesman who has not paid the license tax prescribed by this section. The building inspector shall not issue any permit without first securing an affidavit of the cost from the ¢¢¢¢ 0/16- XMW builder/contractor/tradesman and this affidavit or a copy of it shall be made available by the building inspector to the city treasurer. General contractors and builders shall be required to give to the building inspector a list of all subcontractors /tradesmen and the amount of their gross contracts when they are issued a building permit for a job, and a copy of the list shall be furnished to the city treasurer. In the event all subcontractors /tradesmen and the amounts of their contracts have not been determined at the time the building permit is first issued, it shall be the duty of the general contractor or builder to furnish such information immediately as it becomes available. General contractors and builders shall also be liable for ensuring the all subcontractors/tradesmen have purchase a current business license. (d) The term 'gross receipts' with respect to builders/contractors/ tradesmen shall mean the gross amount of money, credits, or property of any kind from contracts entered into for work in the city or for work done and materials furnished in connection with construction work within the city, which is performed under the direction or control of the builder/contractor/tradesman under this section, and the amount received from the sale of buildings owned by builders/contractors/tradesmen after the same have been constructed by them. (e) Any person engaging in the business of a ¢WIWW/¢X/AUWX builder/contractor/tradesman under this section, who was not licensed as such for the preceding calendar year, shall pay a tentative license fee based upon the total amount of contracts held by him, and shall furnish detailed information to the city treasurer as to such amount. on or before DWO April 15 of the following year, the licensee shall furnish information to the treasurer as to the exact amount of his gross business receipts for the preceding year, and the final license fee for such preceding year shall be based on such amount under Schedule D of section 17-57. If such final license fee is less than the tentative license fee, the excess amount shall be refunded me to the licensee, but if it is more than the tentative fee, the licensee shall pay the excess amount on or before¢�i April 15. Before issuing such tentative license, the city treasurer may, in his discretion, require the applicant to execute bond to the city with good and sufficient surety to the effect that the final license fee will be paid in full. (f) No license under this section shall be required of a person, firm or corporation doing business in the City of Paducah under another form of business for which a license has been issued, if the person, firm or corporation does not assume the role of general contractor and contracts with a builder/- contractor/tradesman for the building, improving, repairing or expanding of its own business property, nor shall a license be required if the work is being performed solely by employees regularly employed by the person, firm or cor- poration and from which city payroll tax is withheld. (g) '�i//Ia�XX�I/iXX/►i//�7C��t/sb (i) Nothing in the foregoing exceptions shall eliminate any requirement of obtaining permits or having inspections. All ¢S�iiE¢i�s61/i¢/u�XX�1¢1' builders'[contractors'/tradesmen's licenses shall state the type of work to be performed, whether general or specific, and if specific, the exact type, and any )6iiXX910� builder/contractor/tradesman applying for a license to perform work in any trade for which licenses or certificates of qualification are required by the City of Paducah or the Commonwealth of Kentucky, such as electrical or plumbing, shall display to the city treasurer or business license inspector a valid license or a certificate of qualification before being issued any occupational license under this section." 1090 SECTION 3. This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. GERRY B. MONTGOMERY Mayor Introduced by the Board of Commissioners October 9, 1990 Adopted by the Board of Commissioners October 23, 1990 Recorded by Lenita Smith, City Clerk, October 23, 1990 Published by The Paducah Sun October 29, 1990 ord/buslic W