Hay v. City of Johnstown

85 Pa. D. & C. 70, 1953 Pa. Dist. & Cnty. Dec. LEXIS 256
CourtPennsylvania Court of Common Pleas, Cambria County
DecidedFebruary 16, 1953
Docketequity dkt., no. 1
StatusPublished

This text of 85 Pa. D. & C. 70 (Hay v. City of Johnstown) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cambria County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hay v. City of Johnstown, 85 Pa. D. & C. 70, 1953 Pa. Dist. & Cnty. Dec. LEXIS 256 (Pa. Super. Ct. 1953).

Opinion

Griffith J.,

These bills in equity filed by physicians (June term, 1952, eq. dkt., no. 1), dentists (June term, 1952, eq. dkt., no. 2) and beauticians (June term, 1952, eq. dkt., no. 5) practicing in the City of Johnstown, all of whom pay some type of registration or license fee to the Commonwealth annually, seek to restrain the city from collecting from them the business privilege tax of 1% mills on gross receipts provided for by city tax ordinance no. 2997 which was passed finally by the city council on February 11, 1952. The intervenors to the physicians’ bill are professional engineers and professional architects who, likewise, have offices in the City of Johnstown.

The city ordinance was adopted under the powers given to municipalities by the Act of June 25, 1947, P. L. 1145, as amended by the Act of May 9, 1949, P. L. 898, 53 PS §2015.1 et seq., which authorizes political subdivisions to levy, asssess and collect taxes on persons, transactions, occupations, privileges, subjects and personal property, except where they now or hereafter “become subject to a State tax or license fee.” The act was held to be constitutional in English et al. v. Robinson Township School District et al., 358 Pa. 45, and on September 2, 1952, we found the city ordinance to be a valid exercise of the powers granted by the act in the case of Bennett et al. v. City of Johnstown et al., June term, 1952, eq. dkt., no. 7, 17 Cambria L. J. 1.

[72]*72The bill of the beauticians entered to June term, 1952, eq. dkt., no. 5, was amended at the hearing to include schools of beauty culture. However, counsel for the city stated at the same hearing that the ordinance did not apply to schools of beauty culture and that no effort had been or would be made to collect the city business privilege tax from such schools. Consequently there is no issue before us in regard to the liability of schools of beauty culture under the ordinance.

It is the contention of the plaintiffs in all bills that they are exempt from payment of the city’s business privilege tax by reason of the fact, that they are “subject to a State tax or license fee.”

In its answers, the city admits that plaintiffs pay the fees to the State for examination and registration as set forth in their respective bills, but it denies that such charges are true “license fees” within the meaning of the Act of 1947, supra, as amended, and that, therefore, plaintiffs are subject to the city’s tax.

After due consideration of the evidence and briefs of counsel, we make the following

Findings of Fact

1. Plaintiffs are physicians, dentists, professional engineers, architects or teachers of beauty culture or operators, owners or managers of beauty shops, each of whom have offices or places of business in the City of Johnstown.

2. When they commenced the practice of their pro^ fessions, each of the plaintiffs paid to the Commonwealth a fee for examination and the issuance of their original license or certificate of qualification in the sum of $25; except in the case of the beauticians, who paid $5, if an owner, manager or teacher; $2, if an operator or manicurist, and $1, if a student or apprentice.

[73]*733. Each plaintiff pays to the Commonwealth an annual renewal or registration fee of from $1 to $5.

4. Defendant is a city of the third class under the laws of the Commonwealth of Pennsylvania.

5. Along with other municipalities, cities of the third class are authorized by the Act of June 25, 1947, P. L. 1145, 53 PS §2015.1 et seq., to levy, assess and collect taxes on persons, transactions, occupations, privileges, subjects and personal property excepting where they now or hereafter “become subject to a State tax or license fee . . .”.

6. The Council of the City of Johnstown passed finally on February 11, 1952, ordinance no. 2997, which levied “a business privilege tax of one and one-half mills on the gross receipts derived from all services rendered to clients, patients and customers” on “all persons offering any service or services to the general public or a limited number thereof, from places, offices or establishments within the City of Johnstown who are not subject to a mercantile tax or a license tax under any other ordinance.”

This ordinance became effective on March 15, 1952. A copy of this ordinance, marked “Plaintiffs’ Exhibit 1” is attached to each bill of complaint.

7. Under the Medical Practice Act of June 3, 1911, P. L. 639, as amended, 63 PS §401 et seq., the fee “for each annual registration and for the certificate” is fixed at “one dollar or such other sum as may be fixed by the-Department of Public Instruction.” This fee is presently $1 and the examination fee is $25.

8. For the 1949-51 biennium, the total receipts of the State Board of Medical Examination and Licensure, including examination fees, were $96,531, and the expenses exclusive of rent, light, heat and legal services (except fees paid to Special Deputy Attorneys General assigned to specific equity cases, if any), were $70,037. In 1951, the receipts from 547 new certifi[74]*74cations at $25 were $13,675, and from 15,987 renewals at $1, $15,987.

9. Under the Dental Law of May 1, 1933, P. L. 216, as amended, 63 PS §120, et seq., the fees for “examination and licensure” and for “annual registration” are to be fixed by the Department of Public Instruction. The examination fee is presently $25 and the annual registration fee $2.

10. For the 1949-51 biennium, the total receipts of the State Dental Council and Examination Board, including examination fees, were $47,618 and the expenses exclusive of rent, light, heat and legal services (except fees paid to Special Deputy Attorneys General assigned to specific equity cases, if any), were $39,971. In 1951, the receipts from 274 new certifications at $25 were $6,850, and from 7,377 renewals at $2, $14,754.

11. Under the Professional Engineers Registration Law of May 23, 1945, P. L. 913, 63 PS §148 et seq., the fees “for such examinations” and for “annual registration” are to be “fixed according to law”. The examination fee is presently $25 and the annual registration fee $2.

12. For the 1949-51 biennium, the total receipts of the State Registration Board for Professional Engineers, including examination fees, were $56,822, and the expenses exclusive of rent, light, heat and legal services (except fees paid to Special Deputy Attorneys General assigned to specific equity cases, if any), were $64,312. There is no testimony as to the exact source of the receipts or of the number of new certifications or renewals, but the above mentioned sum of $56,822 includes receipts from all sources including both renewals and new registrations by examination, so that the proportion of the expenses covered by receipts from annual renewal fees may not be determined.

13. Under the act creating the State Board of Examiners of Architects, Act of July 12, 1919, P. L. 933, [75]*75as amended, 63 PS §21 et seq., applicants “for examination or certificate of qualification . . . shall pay a fee of twenty-five dollars”. The fee “renewal of said certificate” shall be “in such amount as may be fixed by the board, not, however, in excess of ten dollars”. The annual renewal of certificate fee is presently fixed at $4.00.

14.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rice Drug Co. v. Pittsburgh
61 A.2d 878 (Supreme Court of Pennsylvania, 1948)
English v. Robinson Township School District
55 A.2d 803 (Supreme Court of Pennsylvania, 1947)
Pittsburgh Milk Co. v. Pittsburgh
62 A.2d 49 (Supreme Court of Pennsylvania, 1948)
Armour and Co. v. Pittsburgh
69 A.2d 405 (Supreme Court of Pennsylvania, 1949)
Pennsylvania Liquor Control Board v. Publicker Commercial Alcohol Co.
347 Pa. 555 (Supreme Court of Pennsylvania, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
85 Pa. D. & C. 70, 1953 Pa. Dist. & Cnty. Dec. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hay-v-city-of-johnstown-pactcomplcambri-1953.