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ORD 2023-24 standardization-2023-amendment-w-class-9s - Adopted ORDINANCE NO. 2023-24 AMENDING THE BUSINESS LICENSE ORDINANCE OF THE CITY OF NORTH AUGUSTA TO UPDATE THE CLASS SCHEDULE AS REQUIRED BY ACT 176 OF 2020 WHEREAS, the City of North Augusta (the “Municipality”) is authorized by S.C. Code Section 5-7-30 and Title 6, Chapter 1, Article 3 to impose a business license tax on gross income; and WHEREAS, by Act No. 176 of 2020, known as the South Carolina Business License Tax Standardization Act and codified at S.C. Code Sections 6-1-400 to -420 (the “Standardization Act”), the South Carolina General Assembly imposed additional requirements and conditions on the administration of business license taxes; and WHEREAS, the Standardization Act requires that by December thirty-first of every odd year, each municipality levying a business license tax must adopt, by ordinance, the latest Standardized Business License Class Schedule as recommended by the Municipal Association of South Carolina (the “Association”) and adopted by the Director of the Revenue and Fiscal Affairs Office; and WHEREAS, following the enactment of the Standardization Act, the Municipality enacted Ordinance No. 2021-20 on November 15, 2021, in order to comply with the requirements of the Standardization Act (the “Current Business License Ordinance”); and WHEREAS, the City of North Augusta Council of the Municipality (the “Council”) now wishes to amend the Current Business License Ordinance to adopt the latest Standardized Business License Class Schedule, as required by the Standardization Act, and to make other minor amendments as recommended by the Association. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of North Augusta, as follows: SECTION 1. Amendments to Appendix A. Appendix A to the Current Business License Ordinance, the “Business License Rate Schedule,” is hereby amended as follows: (a) Class 8.3 is hereby amended by deleting the NAICS Codes and replacing them with NAICS 517111, 517112, 517122 – Telephone Companies. (b) Class 8.6 is hereby amended and restated in its entirety to read as follows: “8.6 NAICS Code Varies – Billiard or Pool Tables. A business that offers the use of billiard or pool tables shall be subject to business license taxation under its natural class for all gross income of the business excluding the gross income attributable to the billiard or pool tables. In addition, the billiard or pool tables shall require their own separate business licenses pursuant to SC Code § 12-21-2746 and shall be subject to a license tax of $5.00 per table measuring less than 3½ feet wide and 7 feet long, and $12.50 per table longer than that.” Exhibit A: Amendment to Classes 1 – 8 in Appendix B of the Current Business License Ordinance APPENDIX B Classes 1 – 8: Business License Class Schedule by NAICS Codes NAICS Sector/Subsector Industry Sector Class 11 Agriculture, forestry, hunting and fishing 1 21 Mining 2 22 Utilities 1 31 - 33 Manufacturing 3 42 Wholesale trade 1 44 - 45 Retail trade 1 48 - 49 Transportation and warehousing 1 51 Information 4 52 Finance and insurance 7 53 Real estate and rental and leasing 7 54 Professional, scientific, and technical services 5 55 Management of companies 7 56 Administrative and support and waste management and remediation services 3 61 Educational services 3 62 Health care and social assistance 4 71 Arts, entertainment, and recreation 3 721 Accommodation 1 722 Food services and drinking places 2 81 Other services 4 Class 8 Subclasses 23 Construction 8.1 482 Rail Transportation 8.2 517111 Wired Telecommunications Carriers 8.3 517112 Wireless Telecommunications Carriers (except Satellite) 8.3 517122 Agents for Wireless Telecommunications Services 8.3 5241 Insurance Carriers 8.4 5242 Insurance Brokers for non-admitted Insurance Carriers 8.4 713120 Amusement Parks and Arcades 8.51 713290 Nonpayout Amusement Machines 8.52 713990 All Other Amusement and Recreational Industries ( pool tables) 8.6 2023 Class Schedule is based on a three-year average (2017 - 2019) of IRS statistical data.