§ 3-1.102 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. An establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby. The rental or lease of real property is a BUSINESS subject to taxation under this chapter.
   BUSINESS ACTIVITY. A commercial or mercantile activity, together with all devices, machines, articles, and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.
   BUSINESS BY VEHICLE. The business of providing a service or soliciting work, labor or services to be performed from a vehicle. Such business shall include, but not be limited to, the following: janitorial, gardening, pest control, mechanics, handyman, pet/house sitting, and the like. BUSINESS BY VEHICLE shall not be deemed to apply to the delivery of goods, wares, or merchandise purchased by retail merchants in the city at wholesale prices and delivered to such merchants in the city for resale by them for use or consumption by the public off the premises, nor to persons operating such vehicles together and in conjunction with a fixed place of business within the city for which such business a license fee is paid under other provisions of this chapter. This definition shall not be interpreted as reclassifying any other business as defined in this section.
   CARD ROOM. Any room, enclosure, or space furnished with a table or tables used, or intended to be used, as a card table for the playing of cards and similar games, the use of which table is available to the public, or where card playing or instruction in card playing or both, is conducted as a whole or as a part of the activities therein and as defined in Chapter 4 of Title 5.
   COMPUTER GAMING AND INTERNET ACCESS BUSINESSES. Defined in Chapter 11 of Title 5.
   CONDOMINIUM and CONDOMINIUM CONVERSION. Defined in § 9-5.203 of Chapter 5 of Title 9.
   CONTRACTOR. Any person who engages with the owner, lessee, or other person in possession of any lot or parcel of land or building for the erection, construction, or repair of any building or structure in the city, or for the doing of any plumbing, wiring, heating, air-conditioning, drainage, irrigation, brick laying, cement work, sewer work, painting, tile work, carpenter work, lathing, plastering, roofing, shingling, landscaping, fencing, interior decorating, or any other work in connection with any of the building trades in the city, whether the same be by contract at a fixed price, upon the cost of material and labor basis, or upon the cost of construction plus a percentage thereof basis.
   ENGAGED IN BUSINESS. The conducting, managing, or carrying on of any profession, trade, calling, occupation, or commercial enterprise, or any other activity for profit or livelihood in the city as owner, officer, agent, manager, employee, servant, or lessee of any of them.
   FLEA MARKET. The occasional sale of used goods, wares, and merchandise on commercially zoned property operated by the licensee who is not otherwise licensed for retail sales. Any such sale shall be conducted on such property and shall not exceed two days in length and shall not be conducted more than two times per calendar year.
   FORTUNE-TELLER. A person who practices or who professes to practice the business or art of astrology, palmistry, phrenology, card reading, fortune-telling, cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, or necromancy, or who receives a gift or a fee for such practice, or where admission is charged.
   GROSS RECEIPTS. Shall have the meaning set forth in § 3-1.201(C) of this chapter.
   ITINERANT VENDOR. Any person who engages in a temporary or transient business in the city, selling goods, wares, merchandise, or any other thing of value with the intention of conducting such business in the city for a period of not more than 90 days and who, for the purpose of carrying on such business, hires, leases, or occupies any room, doorway, vacant lot, building, or other place for the exhibition or sale of goods, wares, merchandise, or other thing of value. If the place in which a business is conducted is rented or leased for a period of 90 days or less, such fact shall be presumptive evidence that the business carried on therein is a transient business.
   LARGE MULTI-FAMILY LANDLORD. As defined in Chapter 1 of Title 11.
   LICENSEE. Any person to whom a license has been issued under this chapter.
   MASSAGE ESTABLISHMENT, MASSAGE THERAPY AND MASSAGE THERAPY TECHNICIAN. Defined in Chapter 19 of Title 5.
   PERSON. Shall have the meaning set forth in § 1-3.13 of this Code.
   PROFESSIONAL. Shall have the meaning set forth in § 3-1.218 of this chapter.
   PROMOTIONAL SALE AND MERCHANDISE SHOW. An event organized or sponsored by six or more licensees having fixed places of business holding valid business licenses under this chapter, in which itinerant vendors, authorized by the sponsoring licensees, exhibit and sell goods, wares, and merchandise. No such sale may exceed seven days.
   RENTAL UNIT or RESIDENTIAL RENTAL UNIT. As defined in Chapter 1 of Title 11.
   RESIDENTIAL LANDLORD. As defined in Chapter 1 of Title 11.
   SALE. Defined in § 3-1.232 of this chapter.
   STREET. All streets, avenues, alleys, highways, courts, lanes, places, squares, curbings, sidewalks, and other ways in the city which have been or may hereafter be dedicated as such or which, though not dedicated, are open to public use.
   TAX ADMINISTRATOR. The individual designated by the City Manager to perform the duties specified under this chapter.
   VENDING MACHINE or AMUSEMENT DEVICES. Any machine charging to dispense any item, product, amusement, or service.
(Ord. 2082-C-S, passed 3-25-14; Am. Ord. 2094-C-S, passed 12-9-14; Am. Ord. 2227-C-S, passed 6-27-2023)