§ 97-2. Definitions.

As used in this article, the following items shall have the meanings indicated:

GROSS INCOME

Includes:

A. 

In the case of a utility engaged in selling telephony or telephone service, only receipts from local exchange service wholly consummated within the Village.

B. 

In the case of a utility engaged in selling telegraphy or telegraph service, only receipts from transactions wholly consummated within the Village.

C. 

In the case of any utility other than described in Subsections A and B of this definition:

(1) 

Receipts received in or by reason of any sale, conditional or otherwise (except sales hereinafter referred to with respect to which it is provided that profits from the sale shall be included in gross income), made or service rendered for ultimate consumption or use by the purchaser in the Village, including cash, credits and property of any kind or nature, whether or not such sale is made or such service is rendered for profit, without any deductions therefrom on account of the cost of the property sold, the cost of the materials used, labor or services or other costs, interest or discount paid or any other expense whatsoever.

(2) 

Profits from the sale of securities.

(3) 

Profits from the sale of real property growing out of the ownership or use of or interest in such property.

(4) 

Profits from the sale of personal property, other than property of a kind which would properly be included in the inventory of a taxpayer if on hand at the close of the period for which a return is made.

(5) 

Receipts from interest, dividends and royalties derived from sources within the Village (other than such as are received from a corporation, a majority of whose voting stock is owned by the taxpaying utility), without any deduction therefrom for any expenses whatsoever incurred in connection with the receipt thereof.

(6) 

Profits from any transaction, except sales for resale and rentals, within the Village whatsoever.

GROSS OPERATING INCOME

Includes receipts received in or by reason of any sale, conditional or otherwise, made for ultimate consumption or use by the purchaser of gas, electricity, steam, water, refrigeration, telephony or telegraphy, or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigerator, telephone or telegraph service in the Village, including cash, credits and property of any kind or nature, without deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or services or other costs, interest or discount paid or any other expense whatsoever.

PERSON

Persons, corporations, companies, associations, joint-stock associations, copartnerships, estates, assignee of rents, any person acting in a fiduciary capacity, or any other entity; and persons, their assignees, lessees, trustees or receivers, appointed by any court whatsoever, or by any other means; except the state, municipality, public districts and corporations and associations organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

UTILITY

Regardless of whether such activities are the main business of such person or are only incidental thereto or whether use is made of the public streets, includes:

A. 

Every person subject to the supervision of the State Department of Public Service, except:

(1) 

Persons engaged in the business of operating or leasing sleeping and parlor railroad cars.

(2) 

Persons engaged in the business of operating or leasing railroads other than street surface, rapid transit, subway and elevated railroads.

(3) 

Omnibus corporations subject to supervision under Article 3-A of the Public Service Law.

B. 

Every person who sells gas, electricity, steam, water, refrigeration, telephony or telegraphy delivered through mains, pipes or wires, whether or not such person is subject to the supervision of the State Department of Public Service.

C. 

Every person who furnishes gas, electric, steam, water, refrigerator, telephone or telegraph service by means of mains, pipes or wires.