Whenever in this Title the words or phrases hereinafter in this Section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in a given instance, the context wherein they are used shall clearly import a different meaning):
A. “Business” - Such term, used alone, shall be held and construed to mean and include “business,” “profession,” “trade,” “calling,” “occupation,” “show,” “exhibition,” or “game,” and all kinds of calling carried on for profit or livelihood.
B. “City” - The City of Adelanto, Municipal Corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or re-incorporated form.
C. “Collector” - The City Clerk, Finance Director or other City officer appointed by the City Manager and charged with the administration of this Chapter.
D. “Council” - The City Council of the City of Adelanto.
E. “Employee” - All persons engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any other persons employed or working in such business.
F. “Established Place of Business” - A permanent store, market or other place of business within the corporate limits of the City where business is regularly transacted from month to month in such manner as business of like nature is generally conducted, and where the circumstances show a bona fide intention to become an established, fixed and continuous part of the regular and legitimate business life of the City, and not otherwise, and not temporarily on the public streets or highways, or in any hotel, lodging house, or any place whatsoever where only a temporary accommodation is established and not in any event otherwise where any temporary expedient is resorted to for a temporary purpose as distinguished from the bona fide intention to become an established, fixed and continuous business within the City.
G. “Hawking” - Offering personal property or products of any kind for sale on any public property or public right-of-way or on private property by attracting the attention of persons by any means including, without limitation, the display of any personal property or the use of signs, horns, labels or signals.
H. “Itinerant” - A transient licensee with no fixed, regular or established place of business within the corporate limits of the City.
I. “Jobber” - Any person engaged in conducting, managing or carrying on a business exclusively at wholesale from a non-fixed place of business, calling on retail dealers and selling or offering for sale goods, wares or merchandise.
J. “Junk Dealer” - Any person having a fixed place of business and conducting, managing or maintaining any place where secondhand and used machinery and scrap metals, including automobiles, tools, implements, or parts or portions thereof are gathered together, stored, purchased or kept for shipment, sale or transfer.
K. “Licensee” - Any person, firm or corporation to whom a business license shall be issued hereunder, or of whom a business license shall be required hereunder.
L. “Pawnbroker” - Any person engaged in any one (1) or more of the following businesses:
1. Pawnbroking;
2. Lending money for himself or any other person on personal property, pawns, or pledges in the possession of the lender;
3. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.
M. “Peddling” - Selling merchandise which is transported from place to place in the course of approaching customers or selling merchandise or services from door to door.
N. “Persons” - All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, or common law trusts, societies, and individuals transacting and carrying on any business in the City, other than as an employee.
O. “Quarterly,” “Quarter,” “Per Quarter” - Each three (3) month quarter of the calendar year.
P. “Sale” - Includes the transfer, in any manner or by any means whatsoever, of title to property or by any means whatsoever, of title to property for a consideration; the serving, supplying, or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.
Q. “Salvage Collector” - A person not having a fixed place of business who goes from house to house or place to place gathering, collecting, buying, selling, or otherwise dealing in secondhand and used machinery and scrap metals including automobiles, tools, implements, or parts or portions thereof, or other articles commonly known as salvage.
R. “Secondhand Dealer” - Any person, co-partnership, firm or corporation whose principal business is that of engaging in buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand personal property.
S. “Soliciting” - Asking or inviting persons to pay money or trade services or personal property in return for other personal property or services to be delivered concurrently therewith or in the future. Solicitation shall also include any act or communication to a person for the purpose of obtaining a charitable donation.
T. “Sworn Statement” - An affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
U. “Transient Merchant” - Any person or employee who engages in a temporary business in the City, by selling or offering for sale, goods, wares, merchandise or things or articles of value, for a period of not more than six (6) months, and who for the purpose of carrying on such business hires, leases or occupies any room, building, structure or stand on any real property, on or adjoining any street or public place in the City. The person or employee so engaged shall not be relieved from the provisions of this Title by reason of association temporarily with any local dealer, trader, merchant, or auctioneer, by reason of conducting such temporary business in connection with or as a part of any local business or in the name of any local dealer, trader, merchant or auctioneer.
V. “Vehicle” - Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power.
W. Words and Phrases Generally - Words and phrases used in the Title and not specifically defined shall be construed according to the context and an approved use of the language.
X. “Year,” “Annual,” “Per Annum” - The fiscal year of the City.
[Ord. No. 462, Section 3, 5/9/07.]