TITLE 19. FINANCE, TAXES AND COLLECTIONS
CHAPTER 19-2200. GASOLINE DISTRIBUTOR'S TAX
§19-2201. Definitions.
The following words, terms and phrases, when used in this
Chapter shall have the meanings ascribed to them in this Section, except in
those instances where the context clearly indicates a different
meaning:
(1) Actual Gross Receipts. The total of all cash,
credits and property of any kind or nature received for or attributable to the
delivery of gasoline within the City of Philadelphia, except for any state or
federal taxes imposed upon gasoline which are collected by the distributor as
agent for the state or federal taxing authority.
(2) Association.
A partnership, limited partnership, or other form of unincorporated
enterprise owned by two or more persons.
(3) Commercial purposes.
The use of gasoline for income producing
activities.
(4) Consumer. A person who uses or consumes
gasoline.
(5) Corporation. A corporation or joint stock
association organized under the laws of this Commonwealth, the United States, or
any other State, territory, or foreign country or
dependency.
(6) Dealer. Any person, as herein defined, engaged in
the retail sale of gasoline.
(7) Department. The Department of
Revenue of the City of
Philadelphia.
(8) Distributor.
(a) Any person who
delivers gasoline within the City of Philadelphia which is ultimately sold at
retail to consumers within Philadelphia; or
(b) Any person who delivers
gasoline within the City of Philadelphia which is ultimately consumed for
commercial purposes by the person to whom delivery is made; or
(c) Any
person who brings gasoline into the City of Philadelphia which is ultimately
sold at retail to consumers; or
(d) Any person who brings gasoline into
the City of Philadelphia which is ultimately consumed by said person for
commercial purposes.
(9) Delivery. The act of transferring
gasoline to a tank, receptacle or container maintained by a consumer or from
which a dealer sells to the consumer within the City of Philadelphia. Provided,
however, that delivery shall not mean the transferal of gasoline into the fuel
supply tank of a motor vehicle.
(10) Gasoline. Any product that
is practically and commercially suitable for use in motor vehicle internal
combustion engines for the generation of power, or which is prepared,
advertised, offered for sale, or sold for that purpose. Provided, that kerosene,
fuel oil, gas oil, diesel fuel, tractor fuel by whatever trade name or technical
name known having an initial boiling point of not less than two hundred degrees
fahrenheit and of which more than ninety-five (95) per centrum has been
recovered at four hundred sixty-four degrees fahrenheit (ASTM method D-86),
liquified gases which would not exist as liquids at a temperature of sixty
degrees fahrenheit and a pressure of fourteen point seven pounds per square inch
absolute, and naphthas and benzols and solvents sold for use for industrial
purposes, are not included within the definition of "gasoline." Further
provided, that all gasoline delivered by distributors within the City for use as
fuel in propeller-driven piston aircraft, aircraft engines, turbine propelled
jet, turbojet, or jet driven aircraft or aircraft engines are not included with
the definition of "gasoline."
(11) Imputed Gross Receipts. Where
no "actual gross receipts" can be identified, the distributor shall determine
what the actual gross receipts would have been had they been identifiable by
reference to and based upon the average industry standard for the City of
Philadelphia for the time proximity closest in time to the time of delivery as
determined by "Platts Oilgram."
(12) Person. Every natural
person, association, or corporation.