For the purposes of this chapter, the following words and phrases shall have the following meanings:
ADULT BUSINESS. Any business establishment or concern which as a regular and substantial course of conduct sells, distributes, promotes, offers to its patrons, displays, advertises, rewards with, allows the performance of sexually oriented material, sexually oriented merchandise, and sexually oriented entertainment or any other products, services, or entertainment characterized by an emphasis on matters depicting, describing or relating to sexual uses or activities but not including those uses or activities, the regulation of which is preempted by state law. "Sexually oriented business" shall also include any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any place in lingerie. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to adult merchandise and/or sexually oriented material exceeds more than 15% of the total display or floorspace area open to the public.
(2) The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, at least four times in any month in any given year.
(3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
APPLICANT. The person engaging in the business or such person's duly authorized representative.
BUSINESS. Means and includes professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are advertised, conducted, transacted, or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments whether or not the business' principal physical address is located within the city. A person shall not be deemed to be engaged in business solely by reason of receipt of dividend or interest income from passive investments. This definition also includes businesses that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein. Any person or entity within the city that utilizes a hosted online platform to obtain payment for goods or services must comply with the business license requirements of this chapter. Subcontractor and sub-consultant business entities shall be subject to the business license requirements of this chapter.
CASp FEE. The mandatory state fee as enacted by Senate Bill (SB) 1186 and amended by Assembly Bill (AB) 1379, collected in addition to the city's base registration and business license fee, intended to increase disability access and compliance with construction-related accessibility requirements and to develop education resources for business to facilitate compliance with federal and state disability laws, as specified.
CITY. The City of Menifee, a municipal corporation of the State of California.
DISABLED. A person with a long-lasting physical, mental, or emotional condition. This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. This condition can also impede a person from being able to go outside the home alone or to work at a job or business.
EMPLOYEE. Either:
(1) Any person engaged or employed by any business which business withholds, or is required to withhold, compensation for the purpose of paying state or federal taxes as required by the Franchise Tax Board or Internal Revenue Service; or
(2) Any person who is regarded as the employee of any business for purposes of the Workers Compensation laws of the State of California, including, without limitation, an agent working for, or engaged by, a real estate broker and which business is subject to the provisions of this chapter.
HOME OCCUPATION. Any occupation or business use, full- or part-time, conducted within a dwelling by a resident of the property. Use must be consistent with Menifee Municipal Code Title 9 and incidental to the residential use of the dwelling, which does not change the character of the surrounding area by generating more traffic, noise or storage of material than would be normally associated with a residential zone. A non-resident person cannot operate, be an agent, or employee of a home occupation business.
MOBILE FOOD FACILITY and MOBILE FOOD VENDOR. A mobile operator that sells or vends food, including ice cream.
MOBILE OPERATOR. Those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to conduct business within the city. Examples of business that may constitute mobile operators, depending on the circumstances, include mobile, automobile, or other motor vehicle washing; pest control services; mobile carpet, drape, or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing; and taxi cabs, limousines or shuttles (as otherwise allowed by law). MOBILE OPERATOR does not include sidewalk vendors.
MOBILEHOME PARK. A mobilehome park for purposes of this chapter shall have the same meaning as that defined in Cal. Health and Safety Code § 18214 as that section may be amended from time to time.
NON-PROFIT OR CHARITABLE ORGANIZATION. Any organization or entity considered exempt pursuant to IRS section 501 and/or Cal. State Tax Code § 23701d.
PEDDLING. Any selling of merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door. A "peddler" is a person who engages in peddling. Peddling shall not include sidewalk vending or relate to sidewalk vendors.
PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common law trusts, societies, and individuals advertising, conducting, transacting or carrying on any lawful business within the city other than as an employee. Person and persons shall also include the operator of a festival, fair, farmers' market, special event or similar event for which one person (the "organizer") obtains required permits and licenses and which includes other persons who sell or offer to sell goods and/or food at the event ("purveyors") through contract with the organizer or otherwise.
PERSONALLY IDENTIFIABLE INFORMATION (PH). In respect to transportation network companies shall mean individually identifiable information about an individual driver collected by the local jurisdiction from that individual, including, but not limited to, all of the following:
(1) A first and last name.
(2) A residential address, including a street and city name.
(3) An email address.
(4) A telephone number.
(5) A social security number.
(6) Driver income or tax information.
RECREATIONAL VEHICLE (RV) PARK. means a tract of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary or permanent living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
RETAIL GREENHOUSES. All commercial greenhouses other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to Cal. Food & Agricultural Code §§ 6701 et seq. and any applicable state regulations promulgated thereto.
RETAIL NURSERIES. All commercial nurseries other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to Cal. Food & Agricultural Code §§ 6701 et seq. and any applicable state regulations promulgated thereto.
SEXUALLY ORIENTED ENTERTAINMENT. Any type of live or pre-recorded performance, display, or the furnishing, providing, or procuring of figure models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical parts, including films, motion pictures, videocassettes, slides or other photographic reproductions.
SEXUALLY ORIENTED MATERIAL. Any element of adult merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical parts.
SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements and paraphernalia, which are designed or marketed primarily for the stimulation of sexual activity.
SIDEWALK VENDOR. A person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway.
SOLICITOR. Any person, whether principal or agent, whether a resident of the city or not, who goes from house to house or only one house, or upon any street, sidewalk, alley, or in any park or public place in the city, soliciting or taking orders for sales of goods, wares, merchandise, magazines, periodicals or other publications, regularly published newspapers excepted, or personal property of any nature whatsoever, or any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services, for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale, a sample of the subject of such order, or whether he or she is collecting advance payments on such orders, or who solicits, takes or attempts to take public opinion polls, consumer surveys, or by such contracts attempts to secure similar information. Such definition shall include any person who uses any building, motor vehicle or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery, or one who, as an invitee of a purchaser or prospective purchaser, or otherwise, solicits a sale, or exhibits any sample, or gives a demonstration, or makes a delivery within this city after a purchaser or prospective purchaser has been solicited or contacted by telephone, correspondence or other method of communication from within the city. Such definition shall also include the term "canvasser" and "door-to-door solicitor." This provision does not include noncommercial activities.
SPECIAL BUSINESS TYPES. Special business types are those listed under § 5.01.080 and are so listed because of their operation, clientele, or other factors related to the business, require special investigation, review, and/or regulation in order to ensure the protection of public health, safety, and welfare of the community.
SPECIAL EVENT. An activity or series of activities, specific to an identifiable time and place, produced in conjunction with community organizations often held on public property, and which typically occur on a one-time basis or as an annual event. Such events may include but are not limited to weddings, street closures, filming, protests and rallies, block parties, fundraisers, street parties, runs, races, walks, and other community events. SPECIAL EVENTS may occur on streets and/or sidewalks, parks, and other city-owned property. For the purposes of this chapter, SPECIAL EVENTS shall not include privately sponsored events that are located on or in a rented city facility.
SUBCONTRACTOR and SUB-CONSULTANT. A business or person who is awarded a portion of an existing contract by a principal or general contractor of consultant.
TAXI CABS. A car licensed to transport passengers in return for payment of a fare, usually fitted with a taximeter, which is separate and distinct from a TNC business, as defined below.
TRANSPORTATION NETWORK COMPANY (TNC). A ride sharing service that connects persons in need of transportation with vehicle drivers (such as Uber, Lyft, Sidecar, etc.) TNC entities which reside within the city and operate more than 30 days within the preceding calendar year are subject to the business license and registration requirements of this chapter. Personal identifiable information (PU), submitted by TNC entities shall not be disclosed on a publicly accessible Internet website pursuant to Cal. Business and Professions Code §§ 16550 et seq., "The Passenger Charter-party Carriers' Act."
VETERAN. All individuals who have served (even for a short time), but are not currently serving, on active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard, or who served in the U.S. Merchant Marine during World War II. People who served in the National Guard or Reserves are classified as VETERANS only if they were ever called or ordered to active duty, not counting the four to six months required for initial training or yearly summer camps.
VETERAN-OWNED BUSINESS and DISABLED VETERANS BUSINESS ENTERPRISES (DVBE). A business certified by the U.S. Department of Veterans Affairs (VA) as a veteran-owned small business (VOSB) or service-disabled veteran-owned small business (SDVOSB), or a business certified by the State of California as a DVBE.
(Ord. 2022-343, passed 6-1-2022)