§ 5.04.010  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS.  Professions, trades, occupations and all and every kind of calling whether or not carried on for profit and livelihood.
   CANVASSER, PEDDLER or SOLICITOR.  Any person going from place to place, from house to house or from street to street, doing business at any place other than in a fixed place of business; selling, taking orders for, or soliciting orders for goods, wares or merchandise, contributions, sales, opinions, subscriptions or anything in relation thereto, for present or future delivery.
   COIN MACHINE.  Any machine or device operated by the deposit of a coin or token which plays or renders music, computer entertainment or computer-related devices operated by coin or token.
   COUNCIL.  The Town Council of the Town of Fairfax.
   EMPLOYEE.  Any person engaged in the operation or conduct of any business, whether paid by salary or commission, whether as owner, any member of the owner’s family, partner, agent, manager or solicitor, and any and all other persons employed or working in the business.
   FIXED PLACE OF BUSINESS.  The location or premises at or from which a business is conducted, and may include the residence of the licensee where the business is conducted from the residence; provided, however, that, the conduct of business from the residence is not in conflict with any zoning ordinance or law.
   GROSS RECEIPTS.  The total amounts actually received from sales and the total amounts actually received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not the act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise.  Included in GROSS RECEIPTS shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever.  Excluded from GROSS RECEIPTS shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; the part of the sale price of property returned by purchasers upon rescission of the contract of sales as is refunded either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that the amounts are paid to those for whom collected; that portion of the receipts of a general contractor which represent payments to subcontractors, provided that, the subcontractors are licensed under this Division I, and provided that the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor.
   LICENSEE.  All persons subject to be licensed under the terms of this Division I, whether or not the license has actually been procured.
   LICENSE YEAR.  The period from January 1 to December 31 of each calendar year.
   MANUFACTURING.  Any person conducting or carrying on a business consisting of manufacturing, packaging or processing any goods, wares, merchandise or commodities at a fixed place of business within the town or conducting or carrying on a business of storage of goods, wares, merchandise or commodities at a fixed place of business within the town.
   MULTIPLE HOUSING.  A group of three or more attached, detached or semi-detached, rentable or leasable units, occupying a parcel of land in one ownership and having a yard or court in common, and wherein cooking facilities are available to each respective unit.
   NUMBER OF EMPLOYEES.  The average number of employees employed during the license year.
   PERSON.  Any foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies and individuals transacting and carrying on any business in the town, other than as an employee.
   PREMISES.  All lands, structures and places and the equipment and appurtenances connected or used therewith in any business.  PREMISES also includes any personal property which is either affixed to or otherwise used in connection with any such business conducted on the premises.
   TOWN.  The Town of Fairfax, California.
   VEHICLE OPERATOR LICENSEE.  Any person not having a fixed place of business in the town, and not otherwise licensed under this Division I, who operates a vehicle over the streets of the town for the purpose of delivering personal property into the town, or removing personal property from the town, or who uses the vehicle for any other purpose in connection with the transaction of any business of the person, where the place of business of the person is located outside the town limits.
(Prior Code, § 5.04.010)  (Ord. 518, passed - -1983)