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For the purpose of this chapter, unless the context otherwise requires, the following words shall have the meanings set forth in this chapter:
AUCTION SALE: A sale of property by public outcry to the highest bidder.
AUCTIONEERS: Any person who shall by public outcry, sell or offer to sell to the highest bidder at public offering, any goods, merchandise, livestock, real estate or interest in real estate, security or any personal property at any place within the City where any and all persons who choose to do so are permitted to attend and offer bids; or any person who shall advertise or in any other manner hold himself out as an auctioneer for public patronage.
BUSINESS: Any commercial enterprise, trade, occupation, calling, profession, vocation or activity conducted by any person, or the person's agent or employee, for the purpose of gain, benefit or advantage, either direct or indirect.
CITY: City of Elko.
CITY COUNCIL: Elko City Council.
COMMERCIAL RENTAL PROPERTY: Any rented or leased nonresidential unit or units of commercial or industrial property.
COMMERCIAL TRAVELER: Any person traveling either by foot, motor vehicle, or any other type of conveyance, from business to business, taking or attempting to take orders for the sale of goods for future delivery to said business for their use or resale by them in the normal course of their business.
COMMUNICATION/UTILITY COMPANY: Any business that provides gas, geothermal and/or electric power, telecommunication services, broadband access and/or services, cable television communication services or telephone/telegraph communication services.
EMPLOYEE: A person in the service of another under any appointment or contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.
ESTABLISHMENT: Any business conducted in or upon any premises, including any buildings, improvements, equipment and facilities used or maintained in connection with such business.
FARMER'S MARKET: A special event that primarily features booths, tables or stands where vendors sell unprocessed fruits, vegetables, meats, dairy products and non-alcoholic beverages.
FARMER'S MARKET VENDOR: A business that operates a physical retail market featuring foods sold directly to consumers at a farmer's market.
FIXED PLACE OF BUSINESS: The premises within the City limits where a business is conducted from day to day and regularly kept open for the purpose of conducting business. The term "regular place of business", as used in this chapter, has the same meaning as "fixed place of business".
GOODS: Personal property that can be sold, including merchandise and wares.
GROSS REVENUES: The total amount of revenues received in the business of offering any service.
GROSS SALES RECEIPTS: A. The total amount received from the sale of goods within the Municipal boundaries of the City, regardless of the destination of the goods; and
B. The total amount charged or received for the performance of any act, service or employment of any nature, whether or not such service, act or employment is performed as part of or in connection with the sale of goods.
HOME OCCUPATION: A business customarily carried on in a business establishment that is permitted to be carried out in a residence as long as the use as a business is incidental to the primary residential purpose and the residential character of the property is not changed.
HOME SALES PARTY: A party or social gathering held at a residence for the purpose of selling merchandise to the attendees.
INDEPENDENT CONTRACTOR: A person who provides service to another for remuneration, is conclusively presumed to be an "independent contractor" for State wage and hour purposes pursuant to Nevada Revised Statutes 608.0155 and is not an "employee" as that term is defined in this section.
LICENSE FEE: Any monies required by law to be paid to obtain or renew a business license.
PERSON: Except where otherwise indicated, a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a sole proprietorship, limited liability company, corporation, partnership, association, trust or unincorporated organization, or a government, governmental agency or political subdivision of a government.
RESIDENTIAL RENTAL PROPERTY: Any rented or leased residential unit or units, excluding commercial or industrial property. Residential rental houses, duplexes, triplexes, apartment houses, hotels, boarding and rooming houses are all included within this definition.
RETAIL BUSINESS: Every business conducted for the purpose of selling or offering for sale any goods, other than as a part of a "wholesale business", as defined in this section.
SOLICITOR OR PEDDLER: Any person traveling either by foot, motor vehicle, or any other type of conveyance, from place to place, or from house to house, or from street to street, taking or attempting to take orders for the sale of goods of any nature whatsoever for future delivery, or for services to be furnished or performed in the future; or carrying, conveying or transporting goods, offering and exposing the same for sale.
SPECIAL EVENT: An organized event, whether indoor or outdoor: a) that is held on public property or streets, non-profit organization property, or non-residential private property; b) that can reasonably be expected to cause a public gathering; c) where two (2) or more vendors are present or where the public is charged admission for entry; and d) that is not part of the normal course of business at the location.
TEMPORARY MERCHANT: Any person who engages in a temporary business of selling and delivering goods or providing services; and who may, in furtherance of such purposes, hire, lease, use or occupy any building, structure, tent, room in a hotel, shop or other place for the exhibition and sale of such goods or the provision of such services, either privately or at public auction.
TRAVELING SHOW: Any circus, carnival, concert, exhibition or any show intending to exhibit in the open air or under a tent, in a public or private hall, club room, assembly hall or theater where moveable scenery, theatrical equipment or props are used in a performance or exhibition.
UNIT: A unit of commercial or residential rental property is any separate rental space (whether within a building or ground space) of commercial, industrial or residential property.
VENDOR: Any person offering goods and/or services for sale to the public.
WHOLESALE BUSINESS: Every business conducted solely for the purpose of selling goods in wholesale lots to retail merchants for resale. (Ord. 831, 6-26-2018)