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3.40.130   Exemptions.
   No permit under this chapter shall be required by any person whose occupation is regulated or to pursue which occupation a permit is required by any law of the State of California or to accept any advance payment of twenty dollars or less upon any transaction described in this chapter or by any person who has assets subject to execution under the laws of the State of California or of the State in which such assets are located of a total fair market value over and above all exemptions and liabilities of such person in an amount equal to or more than five thousand dollars free and clear from encumbrances. Nor shall this chapter apply to any person if he is, and will be for at least one year thereafter, available for contact by law enforcement officers and for the service of process in the state of California or irrevocably nominates a person upon which process may be served within the state within one year after the receipt of any advance payment referred to in this chapter and delivers to the person from whom such advance payment is received the name of the person receiving such payment and the place where he will be available to be contacted by law enforcement officers and the place where he will be available to be served with process or the name of the person so appointed by him upon whom such process may be served, together with the place where such person will be available for such service. An employee of any person complying with, or exempt from, the provisions of this chapter shall also be exempt from its provisions while acting as such employee in the course of his employment, if at the time of receiving any advance payment described in this chapter such employee has upon his person and exhibits to any police officer or other person upon request therefor a statement by such employer identifying the employee and containing a recent picture two inches by two inches showing the head and shoulders of the employee in a clear and distinguishing manner, and delivers to the person making such payment at the time thereof a statement containing a promise of the employer to return any such advance payment and to pay all court costs and attorney fees incurred in obtaining the return thereof in the event the merchandise, service, or labor and material involved in the transaction upon which such advance payment is made, is not delivered, performed or provided within thirty days after the time promised therefor when such advance payment is made or if the same is not of the quality or quantity so promised. (Ord. 1845 § 2 (part), 1972).