Title 48, Chapter 13, Section 9
( 48-13-9)
(a) A local government is authorized to require a business or
practitioner of a profession or occupation to pay a regulatory fee
only if the local government customarily performs investigation or
inspection of such businesses or practitioners of such profession or
occupation as protection of the public health, safety, or welfare or
in the course of enforcing a state or local building, health, or
safety code, but no local government is authorized to use regulatory
fees as a means of raising revenue for general purposes; provided
that the amount of a regulatory fee shall approximate the reasonable
cost of the actual regulatory activity performed by the local
government. (b) Examples of businesses or practitioners of professions or
occupations which may be subject to regulatory fees of local
governments include, but are expressly not limited to, the
following: (1) Building and construction contractors, subcontractors, and
workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses;
(21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and
occupations which local governments are not authorized to subject to
regulatory fees include, but are expressly not limited to, the
following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects;
(18) Marriage and family therapists, social workers, and
professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; (20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 48-17-1, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment of annual permit fees, in accordance with Code Section 48-17-9; (21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for commercial use; and (22) Any other business, profession, or occupation for which state
licensure or registration is required by state law, unless the
state law regulating such business, profession, or occupation
specifically allows for regulation by local governments. (d) This Code section shall not be construed to repeal other general
laws which allow or require regulation of businesses, occupations,
or professions by local governments. |