Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them when used in this Chapter.
TOWN: Whenever the word "Town" shall appear, it shall be construed to mean the unincorporated Town of Mountain City.
PERSON: Whenever the word "person" shall appear, it shall be construed to mean and include a natural person, firm, co- partnership, corporation or other association.
BUSINESS: Whenever the word "business" shall appear, it shall be construed to mean any activity or enterprise for gain, benefit, advantage or livelihood and shall include all and every kind of lawful business, trade, calling, profession or occupation.
PEDDLER: The word "peddler" shall be construed to mean any hawker, vendor or other person who goes from house to house, place to place, or in or along the streets, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value in possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities; providing, however, that this does not apply to those businesses licensed within the Town who normally conduct peddling operations as a normal or seasonal part of their business.
SOLICITOR: The word "solicitor" shall be deemed to mean and include every agent, canvasser, or other person who travels from place to place or house to house and solicits or takes orders from or canvasses for, or makes demonstrations of any goods, wares, merchandise or things or articles of value, or advertising, or for services to be performed in the future, or for subscriptions to periodicals or tickets of admission to entertainment or memberships in any clubs, or travels from place to place or house to house and solicits, requests or urges persons to ride or become guests of such canvasser or his principal for the purpose of viewing any real estate subdivision or other development, enterprise or project, for the purpose of interesting such person in investment therein; provided, however, that this definition shall not include persons engaging in any wholesale business who sell to, or solicit orders for merchandise from, merchants who are engaged in a retail business buying goods, wares, merchandise or other personal property for the purpose of resale thereof.
FIXED PLACE OF BUSINESS: The term "fixed place of business" for the purpose of this Chapter is hereby defined to be the premises within the Town where a business is continuously conducted from day to day and regularly kept open for the purpose of the business. The term "regular place of business", for the purpose of this division, is hereby defined as having the same meaning as "fixed place of business". Every business not conducted at a "fixed place of business" as the term is herein defined, is, for the purpose of this Chapter termed a "transient business", whether the person conducting such transient business is or is not a resident of the Town.
Every person engaging in any "transient business" in the Town, as herein defined, and who has procured a license therefor, shall have the right to sell the goods, wares or merchandise or engage in the business for which the "transient license" was issued, at a fixed place of business without procuring any additional license therefor. Every person engaging in business at a "fixed place of business", as herein defined and who has procured a license therefor shall have the right to deliver the goods, wares or merchandise for which such license was issued at any place in the Town, without procuring any additional license therefor.
No business shall be conducted at any fixed place of business where such business is prohibited by the zoning laws of the Town, and no license shall be issued for any place of business unless the zoning laws permit or allow such business to be conducted at the location for which application is made.
No bedroom of any place of business licensed, used and occupied as a hotel, motel, inn, rooming house, lodging house or boarding house shall, for the purpose of this Chapter, ever be construed to be a "fixed place of business" or a "regular place of business" for any business other than such hotel, motel, inn, rooming house, lodging house or boarding house. All persons claiming any such room of such hotel, motel, inn, rooming house, lodging house or boarding house, licensed, used and occupied as such, shall, for the purposes of this Chapter, be deemed to be conducting a transient business, and shall be required to procure a proper transient license therefor.
WHOLESALE BUSINESS: The term "wholesale business" is defined to be every business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail.
RETAIL BUSINESS: The term "retail business" is defined to be every business conducted for the purpose of selling, or offering for sale, any goods, wares or merchandise other than as a part of a "wholesale business" as hereinbefore defined.
GROSS SALES: The term "gross sales" as used herein shall mean the gross sales received from business transacted within the Town and shall include the total amount of sales price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of goods, wares or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature; provided, that cash discounts be included and this Chapter shall not be construed to impose any tax upon any business or transaction which the Town is not authorized to license or tax under the laws of the State of Nevada or of the United States. Any tax required by lava to be included or added to the purchase price and collected from a customer or purchaser is deductible. Such part of the sales price of any property previously sold, returned by the purchaser to the seller, which is refunded by the seller by way of cash or credit allowances or any property given by the purchaser to the seller as a part of the purchase price and so accepted for resale shall be deducted for the purpose of determining the gross sales hereunder. Any business which maintains an office or base of operations only in the Town and does no local business, must obtain a license based upon the minimum fee. The terms "gross sales" and "gross receipts" are the same.
LICENSE FEE: The term "license fee" as used herein shall be defined as the fee paid for a business license.
TOWN BOARD: Whenever the term "Town Board" shall appear, it shall be construed to mean the Board of County Commissioners of Elko County, acting pursuant to authority granted in Chapter 269, Nevada Revised Statutes.
CLERK: Whenever the term "Clerk" shall appear, it shall be construed to mean the County Clerk of the County of Elko.
SHERIFF: Whenever the term "Sheriff" shall appear, it shall be construed to mean the Sheriff of Elko County.
CHIEF OF POLICE: Whenever the term "Chief of Police" shall appear, it shall be construed to mean the Chief of Police of the unincorporated Town of Mountain City. (Ord. 1967A, 10-6-67; amd. 1-8-68)