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~ 1989~_7~ AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1988, AS AMENDED, BY AMENDING SECTION 20-81 AND BY ADDING ARTICLE XIV TO CHAPTER 35 THEREOF, PERTAINING TO SHORT-TERM RENTAL LICENSE AND TAX. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 20-81 of the Code of the City of Portsmouth, Virginia, 1988, be amended as follows: Section 20-81. Retail sales and short-term rentals. (a) Any person engaged in retail sales shall pay a business license tax of fifty dollars ($50.00) on the first five thousand ($5,000.) dollars of gross receipts and twenty cents ($0.20) on each additional one hundred dollars ($100.) of gross receipts. Retail sales shall be defined to include, but not be limited to, the sale of goods, wares and merchandise for any purpose other than resale, but not including sales at wholesale to institutional, commercial and industrial users. Furthermore, retail sales shall not include sales by peddlers, door-to-door salesmen or itinerant vendors. (b) Any person engaged in the short-term rental business shall pay a business license tax of fifty dollars ($50.00) on the first five thousand dollars ($5,000.) of gross receipts and twenty cents ($0.20) on each additional one hundred dollars ($100.) of gross receipts. A person is engaged in the short-term rental business if not less than eighty percent (80%) of the gross rental receipts of such business in any year are from transactions involving rental periods of ninety-two (92) consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessor. "Affiliated" for purposes of this Code shall mean any common ownership interest in excess of five percent (5%) of any officers or partners in common with the lessor and lessee. For purposes of this test, (i) any rental to a person affiliated with the lessor shall be treated as rental receipts but shall not qualify for purposes of the eighty percent (80%) requirement, and (ii) any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental. For the purpose of this Code, the delivery and installation of tangible personal property shall not mean operation. For the purpose of this Code, "daily rental property" means all tangible personal property held for rental and owned by a person engaged in the short-term rental business, except trailers as defined in §46.1-1 (33) of the Code of Virginia