5.04.020 Definitions.
As used in this chapter, the following definitions shall apply:
Amusement Machine. See Chapter 5.08.
Amusement Machine Business. See Chapter 5.08.
"Antique dealer" means any person, firm or corporation or retail shop principally offering for sale to the general public objects which are old as compared to the present age or time, which are of bygone style or vintage and which were crafted or manufactured at a much earlier period than the present time; and which because of the passage of time have taken on an intrinsic value greater than their original value. For the purposes of this chapter, "antique dealer" does not include the sale of secondhand merchandise.
"Applicant" means an applicant for a business tax license pursuant to this chapter, including a renewal thereof.
"Average number of persons employed" means:
A. The number of employees as herein defined employed monthly within the city earning wages for the periods nearest the fifteenth day of each month during the previous year as reported by the applicant to the State Department of Employment on forms which are used for reporting payments due under the Unemployment Insurance Act of the state of California for each month of the previous calendar year, adding the same and dividing by twelve and adding to the result thereof the number of employees compensated by other than wages engaged in the business. If the applicant has been in business less than one year, the average number of employees shall be the number of employees determined as described above divided by the number of months remaining in the calendar year for which such calculation is made.
B. Alternatively to the definition in subsection A of this section and at the option of the applicant, the average number of persons employed by the applicant for such license daily for one year determined by ascertaining the total number of hours of service performed by all employees in the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year’s work of one full-time employee according to the custom or laws governing such employment and adding to the result thereof the number of owners, partners or other principals, salespersons or agents employed irrespective of the number of hours of service provided by such employees. Hours of service as used in this definition shall include all paid holidays, sick leave, vacations and any other days for which compensation is paid irrespective of whether work is performed therefor. As a condition to the optional use of the foregoing definition, the applicant shall provide all business records or other documentation related to the calculation aforesaid required by the director.
Bingo. See Chapter 5.44.
"Business" means trades, occupations, professions, and services of all and every kind of calling whether or not carried on for profit, including but not limited to retailing, wholesaling, manufacturing, service purveying, warehousing, personal and real property rentals and growing of plants and crops and animal husbandry for market.
"Commercial advertising" means the business carried on at a fixed location or locations in the city of selling or taking orders for or offering to sell or take orders for or preparing or printing or otherwise producing advertising copy, billboards, placards, banners or other visual objects (excluding films, videotapes or other electronic production media) for promoting the sale of products or otherwise advertising.
"Commercial advertising vehicle operation" means the business of operating a vehicle (of any kind or nature, except devices moved by human power or used exclusively upon stationary rails or tracks) equipped with loudspeakers, musical devices, signs, placards, billboards, searchlights or other attention-getting devices for advertising purposes upon a public street, highway or other right-of-way.
"Contractor" means any contractor or subcontractor as defined in Chapter 9 of Division 3 (commencing with Section 7000) of the Business and Professions Code of the state of California or, alternatively, as defined in the Rules and Regulations of the Contractor’s State License Board enacted pursuant to Section 7008 of the code. For the purposes of this chapter, any person engaged in activities similar to that of a contractor or subcontractor shall be deemed a contractor irrespective of whether said person is licensed as such by the state or other licensing agency.
"Director" means the director of finance of the city or his designee.
"Employee" means all persons engaged in the operation or conduct of any business whether as owner, any member of an owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in or associated with said business whether or not any salary or other compensation or remuneration is paid for such work. "Employee" as used herein includes employees (as defined above) of subcontractors, licensees or other persons engaged in the business for which a license hereunder is issued unless such subcontractors, licensees or other persons are licensed hereunder for the businesses in which they are engaged or which they conduct. Employee shall not include persons employed on a seasonal or periodic basis for less than one month or on a part-time basis for two months or less.
"Fixed place of business" means the premises occupied in the city for the particular purpose of conducting a business.
Food Vending Vehicle. See Chapter 5.16.
"Fortunetelling" means the practice, business or art of astrology, palmistry, phrenology, fortunetelling, life reading, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic or necromancy for a fee directly or indirectly either as a gift, donation or otherwise or exhibition thereof at any place where admission is charged.
"Itinerant vendor" means any person, both principal and agent (excluding peddlers and commercial solicitors as defined in Chapter 5.12), engaged in a temporary and transient business in the city selling goods, wares and merchandise and who (for the purpose of carrying on such business) hires, leases or occupies any room, building or structure for the exhibition or sale of such goods, wares or merchandise or from which room, building or structure the sales shall be made or business solicited by means of samples or deliveries from house to house irrespective of whether such person associates temporarily with any local dealer, trader, merchant or auctioneer or conducts such temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant or auctioneer.
"Junk dealer" means any person, firm or corporation carrying on, conducting or engaging in the business of buying, selling or otherwise dealing in or acquiring, old bottles, scraps, pieces of metal, rags, old rope, or any article not to be used in its former state or condition.
"Manufacturer" means any person engaged in the business of manufacturing, fabricating or processing any materials (raw or partly wrought) into goods, wares or merchandise or assembling or packaging any manufactured or processed material whether such manufactured or processed goods are sold or distributed to wholesalers, brokers or other channels for the purpose of resale.
"Newly established business" means a business in existence and operation for less than three months.
"Nonresidential property rental" means the business of renting or letting a building or structure of any kind or portions or areas thereof, including warehouses, mini-storage facilities, industrial, commercial and office buildings of properties to a tenant or tenants for purposes other than residential dwelling, sleeping or lodging.
Pawnbroker. See Chapter 5.18.
Peddler. See Chapter 5.12.
"Person" means any individual person, corporation, partnership, association or other organizational form used for carrying on any business.
"Processor" means any person engaged in the business of converting an article, substance or commodity into marketable form for the purpose of resale by changing its physical or chemical composition.
"Profession" means any profession, vocation or calling, the qualifications for which generally require an extended period or periods of specialized training and the issuance of an advanced educational degree or certificate and the performance of which requires licensing or certification or other official recognition. The term "professional person" as used in this chapter shall include but is not limited to the following:
1. Architect;
2. Attorney at law;
3. Certified public accountant;
4. Chiropractor;
5. Dentist;
6. Geologist;
7. Medical practitioner;
8. Optician;
9. Optometrist;
10. Oral surgeon;
11. Osteopath;
12. Physician;
13. Podiatrist;
14. Professional engineer (including but not limited to civil, chemical, mechanical and electrical engineers);
15. Public accountant;
16. Surgeon; and
17. Veterinarian.
"Residential property rental" means the business of managing, operating or renting any apartment house, duplex, hotel, motel, mobile home park, rooming or boardinghouse with two or more residential units. For purposes hereof, the number of residential units aforesaid shall exclude that unit, if any, occupied by the applicant; provided, however, that the management, operation or rental of three or less residential units shall not be deemed a residential property rental for purposes of this chapter.
Secondhand Dealer. See Chapter 5.18.
Shows, Carnivals, Circus and Exhibitions. See Chapter 5.48.
Solicitor. See Chapter 5.12.
Transient Outdoor Business. See Chapter 5.24.
"Vending machine activity" means the activity of managing, distributing, leasing or purveying coin-operated vending machines or any other vending machine accepting any other form of payment.
"Wholesaler" means any person engaged in the business of selling or soliciting the sale of goods, wares, merchandise or services for the purpose of resale and/or who sells in wholesale lots at wholesale prices. (Ord. 635; Ord. 473 §1, 2002).