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NANDI COUNTY FINANCE BILL 2018

No.…….2018

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THE NANDI COUNTY FINANCE BILL, 2018

ARRANGEMENT OF SECTIONS

PART I—PRELIMINARY

Section

1 — Short title and commencement.

2 — Interpretation.

PART II— CHARGES, TRADE LICENSE FEES, RENT, INFRASTRUCTURE AND MAINTENANCE FEES

3 — General Fees or charges.

4 — License or Permit.

5 — Fees.

6 — Plot or house.

7 — Cess or Market Fees.

8 — Amendments to the schedules.

PART III — PAYMENT

9 — Payments to the County.

10 — Appointment and duties of an agent.

PART IV—CESS

11 — Amendment of Section 2 of No. 2 of 2017.

12 — Amendment of Section 6 of No. 2 of 2017.

13 — Amendment of Section 11 of No. 2 of 2017.

14 — Amendment of Section 13 of No. 2 of 2017.

15 — Amendment of Section 20 of No. 2 of 2017.

16 — Amendment of the First Schedule of No. 2 of 2017.

17 — Amendment of the Second Schedule of No. 2 of 2017.

18 — Amendment of the Third Schedule of No. 2 of 2017.

19 — Insertion of the Fourth Schedule.

PART V — BETTING, LOTERIES AND GAMING

20 — Licensing of betting, lotteries and gaming premises.

21 — Authorisation and licensing of pool tables.

22 — Complaints.

PART VI — OFFENCES AND PENALTIES

23 — General penalty.

24 — Offences by staff of the County.

PART VII — MISCELLANEOUS

25 — Savings.

26 — Cessation.

27 — Regulations.

SCHEDULES

FIRST SCHEDULE

GENERAL ADMINISTRATIVE CHARGES

SECOND SCHEDULE

CHARGES ON HIRE OF COUNTY PROPERTY

THIRD SCHEDULE

CHARGES FOR PUBLIC HEALTH SERVICES AND RELATED FEES

FOURTH SCHEDULE

CHARGES ON THE USE OF PUBLIC UTILITY, LAND, PROPERTY OR CEMETERY

FIFTH SCHEDULE

FEES ON OUTDOOR ADVERTISEMENTS AND SIGNAGES

SIXTH SCHEDULE

FEES ON TRANSPORTATION SERVICES, PARKING FEES AND PENALTIES

SEVENTH SCHEDULE

HOUSE AND PLOT RENTS

EIGHTH SCHEDULE

IMPOUNDING CHARGES ON ROAMING ANIMALS IN URBAN AREAS

NINTH SCHEDULE

CHARGES PURSUANT TO THE RATING ACT

TENTH SCHEDULE

CESS

ELEVENTH SCHEDULE

SINGLE BUSINESS PERMIT FEES

TWELFTH SCHEDULE

ALCOHOL CONTROL LICENSING CHARGES

THIRTEENTH SCHEDULE

WEIGHTS AND MEASURES FEES

FOURTEENTH SCHEDULE

HEALTH AND SANITATION CHARGES

FIFTEENTH SCHEDULE

CHARGES ON AGRICULTURAL SERVICES

SIXTEENTH SCHEDULE

CHARGES UNDER THE PHYSICAL PLANNING ACT

SEVENTEENTH SCHEDULE

CHARGES RELATING TO BETTING, LOTERIES AND GAMING ACTIVITIES

THE NANDI COUNTY FINANCE BILL, 2018

A BILL of the County Assembly of Nandi to amend the law relating to various taxes and duties; and for matters incidental thereto.

ENACTED by the County Assembly of Nandi, as follows—

PART I — PRELIMINARY

Short title and commencement.

1. This Bill may be cited as the Nandi County Finance (Amendment) Bill, 2018 and shall come into operation upon publication.

Interpretation.

2. In this Bill, unless the context otherwise;

“Authorized channel” means the manner in which a person may effect payment to the County, including but not limited to a person designated by the Executive Committee Member pursuant to Section 157 of the Public Finance Management Act, 2012, to collect or receive revenue or any other mode of payment as may be prescribed from time to time;

“betting premises” means premises to which the public has or may have access and which are kept or used (whether on one occasion or more than one) for the purpose of—

(a) bets being made therein between persons resorting to the

premises and the owner, occupier or keeper thereof, or any

person using the premises, or any person procured or employed

by or acting for or on behalf of the owner, occupier, keeper or

person using the premises, or of any person having the care or

management or in any manner conducting the business thereof; or

(b) any money or valuable thing being received by or on behalf

of the owner, occupier, keeper or person aforesaid as or for

the consideration for any assurance, undertaking, promise or

agreement, express or implied, to pay or give, or for securing the

paying or giving by some other person of, any money or valuable

thing on any horse race, or other race, fight, game, sport, lottery

or exercise, or any other event or contingency;

“betting transaction” includes the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;

“Business” means trade, commerce or manufacture, profession, vocation or occupation, or any other activity in the nature of trade, commerce or manufacture, profession, vocation or occupation, or any activity carried on by a person continuously or regularly, whether or not for gain or profit and which involves, in part or in whole, the supply of goods or services for consideration;

“County” means the County Government of Nandi;

“County Public Officer” means a county public officer within the meaning of Section 2 of the County Governments Act, 2012;

“County Receiver of Revenue” means the person appointed pursuant to the Nandi County Revenue Administration Act, 2016;

“Executive Committee Member” means the executive committee member for the time being responsible for matters relating to finance and economic planning in the County;

“lottery” includes a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;

“totalizator” means the instrument, machine or contrivance commonly known as a totalizator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;

“Person” means a natural or juristic person;

“pool betting” means the making of bets (other than bets made by means of totalizator), whether the bets are made on the system known as a fixed odds betting or otherwise, by a number of persons on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by those persons;

“pool betting scheme” means a scheme involving the receiving or

negotiating of bets made by way of pool betting;

“totalizator” means the instrument, machine or contrivance commonly known as a totalizator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;

“Zone A” means the urban areas comprising of Kapsabet Municipality;

“Zone B” means the area comprising of Nandi Hills Town and its Environs; and

“Zone C” means the areas not captured under Zones A and B above.

PART II— CHARGES, TRADE LICENSE FEES, RENT, INFRASTRUCTURE MAINTENANCE FEES

General Fees or charges.

3. (1) A person who wishes to carry out the activities specified in the Schedules shall pay the fees specified in the last column of the relevant Part of that Schedule.

(2) A person who wishes to carry out any of the activities listed under Schedule shall apply for a permit to the County.

(3) The County shall grant the relevant permit(s) to the applicant(s) upon payment of fees prescribed in the relevant Part of that Schedule.

(4) A person who contravenes any of the provisions of this section commits an offence.

License Permit.

4. (1) A person shall not carry out, within the County, any business or service specified in the Schedule without a license issued by the relevant County Department.

(2) A person intending to carry out any of the businesses specified in the Schedule shall apply for a license from the relevant County Department.

(3) A person applying for license under subsection (2) shall be issued with a license on the payment of a fee, depending on the location and size of the business, as is specified in the relevant provision of the law.

(4) A person who contravenes a provision of this section commits an offence.

(5) In the event of a business having total outstanding licenses at the turn of the calendar year, the amount of license computed shall be increased by a penalty calculated at three (3) percent cumulative per month and thirty (30) percent above the normal rate.

(6) However, marginal relief shall be allowed in cases where the amount is cleared by the turn of the year to ensure that annual amount of single business permit payable does not accrue penalties until after 31st of Marc