FFor the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTIQUE. A unique object of personal property that is not less than 60 years old and has special value primarily because of its age. Jewelry, timepieces, candlesticks, firearms, and items composed of precious metals shall not be considered ANTIQUES under this definition.
AUCTION HOUSE. Any establishment in which is carried on the business of auctioning articles for sale by public outcry and where such items offered for auction are sold immediately to the highest bidder.
AUCTIONEER. Any person who shall operate an auction house or who, as a principal or agent, shall offer any article for sale by public outcry and where such items offered at auction are sold immediately to the highest bidder.
BRANCH ESTABLISHMENT. A different and separate location, or a separate kind or class of business carried on at one location, or in the case of vehicles, a different and separate vehicle, from that mentioned in any other license held by the same licensee, in or from which any business may be conducted at the same time. Any person carrying on a business at one location containing several departments, all of which are presided over and carried on exclusively by the person as proprietor, is required to apply for only one business license.
BUSINESS. Any profession, trade, occupation, lessor, and all and every kind of calling carried on for income, profit, or livelihood as provided for under § 110.02 of this chapter.
CASUAL ACTIVITY OR SALE. A transaction of an isolated nature made by an individual who neither represents himself to be nor is engaged in a business subject to licensing by this title. However, no sale, rental, license for use, or lease transaction concerning real property shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property.
CHARITABLE INSTITUTIONS. Only nonprofit corporations operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay.
CONSIGNMENT. Any transaction where a person places goods into the custody of another but retains ownership until such time as the good is sold or transferred to another person.
ENGAGED IN BUSINESS. The conducting, managing, or carrying on of any profession, trade, calling, occupation or commercial enterprise in the city for which a license is required under the provisions of this title as owner, officer, agent, manager, employee, or lessee of any of them.
EXEMPT LICENSE. A license issued under this title for which a payment of a fee is not required.
FOOD-SERVICE ESTABLISHMENT. Any fixed or mobile restaurant; cafeteria; coffee shop; cocktail lounge; catering kitchen; sidewalk cafe; commissary; grille, luncheonette; short-order cafe; sandwich shop; soda fountain; tea-room; drive-in; nightclub; roadside stand; industrial feeding establishment; private, public or non-profit organization or institution serving the public; or similar place in which food or drink is prepared for sale for food service on the premises or elsewhere; and any other eating or drinking establishment where food is served or provided for the public with or without charge. A FOOD-SERVICE ESTABLISHMENT also means a grocery store; meat market; or bakery.
HIGH-IMPACT RETAIL STORE. Any business which is accessible to the public where food, goods, merchandise or equipment is sold at retail and where tobacco, tobacco paraphernalia, smoking paraphernalia, including products that contain nicotine, liquid nicotine, vapors or inhalants and/or involve the on-site inhaling or smoking of such products, and/or lottery tickets are sold.
JUNK COLLECTOR. A person, firm, or corporation having a trucking license as provided in this code, traveling from place to place within the city for the purpose of purchasing junk, or making a business of purchasing junk from anyone who desires to sell it and carries it away upon purchasing it.
JUNK DEALER. Any person who collects or buys junk, including such items as rags, bottles, scrap metal, paper, and such other material as is usually collected for salvage purposes and where such person holds it for storage or offers it for sale.
LICENSEE. A person holding or applying for licensure under this title.
PAWNBROKER. Any person, firm, partnership, or corporation engaged in the business of lending money or other goods secured by taking possession of personal property with the understanding that such property may be sold, transferred or redeemed under certain terms and conditions.
PAWNSHOP. Any establishment in which is carried on the business of pawn brokerage, or the business of loaning money, receiving as security for payment thereof pawns or pledges of property, or the business of purchasing personal property and reselling or agreeing to resell, trade, or exchange such articles to vendors, their personal representatives, or their assignees at a price agreed upon at or before the time of such purchase, whether such business be the principal or sole business so carried on or be merely incidental to, in connection with, or a branch or a department of some other business.
PERSON. Any individual, tradesperson, self-proprietorship, partnership, joint venture, firm, corporation, association, organization, group, syndicate, or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and shall include those operating or intending to operate for-profit, not-for-profit, or non-profit. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of licensure. This definition shall not include the U.S. Government, the state, the county, the city, or any political subdivision or agency of the federal, state, county or municipal governments.
SALE. Any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. Sale includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. SALE also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work.
SECONDHAND DEALER. Any person, firm, partnership or corporation whose business is the retail buying, selling, buy-back, exchanging, dealing in or dealing with secondhand articles, including but not limited to jewelry, watches, clocks, diamonds or other precious stones or gems, gold, silver, platinum, other precious metals, musical instruments and equipment, cameras, furs, fur coats, televisions, DVD players, CDs, DVDs, videocassette recorders, VHS tapes, gaming systems and other electronic equipment, tools, computers and computer equipment, firearms, auto accessories and office and store fixtures and related equipment; regardless of the number of transactions (frequency of sales shall not be relevant) or the location where such sales take place (having a dedicated shop, or store and the use of residential property shall not be relevant). The term shall not be construed to exclude trade-ins, dealers, or auctioneers in articles of property, the transfer of title to which is required by the laws of the state to be evidenced by written instrument and recorded in all appropriate offices of state or county government.
SQUARE FEET. The total square feet of floor area, all floors, based on the exterior dimensions of the building space utilized or occupied by the person for business purposes, including warehouse, storage, interior dock space, washroom, restroom, hallways, lunchroom, and maintenance areas, and all other such square footage necessary for the conduct of the business operation. It shall not include: common areas leading to occupied business areas within shared commercial building space situations; parking lots, lumber yards, orchards, or other outdoor areas; accessory shelters, repair or storage facilities, provided it shall not occupy more than 25% of the gross floor area of the business; or property represented, managed, or listed by a landlord, real estate company, or lessor other than the square footage utilized for the conduct of the business of the landlord, real estate company, or lessor.
TRADE-IN. The acceptance, sale, or disposal of used automobile tires or automobile batteries, farm implement parts, farm machinery parts, road equipment parts, mining equipment parts, automobile parts, or road equipment parts taken in part payment for new or reconditioned automobile tires, automobile batteries, farm implement parts, farm machinery parts, road equipment parts, mining equipment parts, or automobile parts. Dealers exchanging articles in the course of service or construction work shall not be deemed to constitute the doing of any business defined under this term.
(Ord. passed 3-7-95; Am. Ord. passed 6-5-12; Am. Ord. passed 4- 18-17; Am. Ord. passed 2-4-20)