For the purposes of this title, the following words and phrases shall have the following meanings, unless it is apparent from the context that a different meaning is intended:
ADVERTISING VEHICLE. The business of operating upon the streets any motor or other vehicle equipped with music or a musical device, loudspeaker or other device for attracting attention by sound, for commercial advertising purposes.
APARTMENT HOUSE. Shall be as defined in the building code.
BASIC BUSINESS LICENSE TAX. The annual tax established by resolution of the City Council which is applicable to all businesses except those businesses for which specific tax rates have been determined. The basic business license tax shall consist of a lump sum tax and an incremental charge per additional employee.
BUILDING CODE. The Uniform Building Code, as adopted by
§
15.04.010.
BUSINESS. The conduct of any enterprise, trade, calling, vocation, profession, occupation, including but not limited to the renting or leasing of apartments located within the city, or any other means of livelihood carried on within the city, whether or not the same has a fixed place of business in the city.
BUSINESS BY VEHICLE. The business of operating any motor vehicle, wagon or any other vehicle for the purpose of transporting, selling or repairing of goods, wares, merchandise or other personal property of any kind from such vehicle, or for the purpose of soliciting for work, labor or services to be performed at a residence or place of business of the consumer or to be performed upon goods, wares, merchandise or other personal property of such consumer, which are to be taken, for such purpose, to a plant or establishment inside or outside of the city. BUSINESS BY VEHICLE shall not be deemed to include the delivery or pickup of goods, wares or merchandise as an incident to the conduct of another business.
BUSINESS LICENSE TAX or TAX. A business license tax imposed pursuant to the provisions of this chapter by reason of the conduct of business within the city.
CHIEF. The duly appointed, acting and qualified Chief of Police of the city, or his authorized deputy.
CITY ATTORNEY. The duly appointed, acting and qualified City Attorney of the city.
CITY MANAGER. The duly appointed, acting and qualified City Manager of the city.
COIN. Any slug, token, plate, disc, plug, key, check or other device or thing of value.
COMMERCIAL AND INDUSTRIAL PROPERTY RENTAL BUSINESS. Owning and renting or leasing to another person or entity any non-residential real property, building, structure or portion thereof for the commercial or industrial purposes of the renter or lessee.
CONDUCT. The conducting, managing or carrying on of a business in any capacity.
CONTRACTOR. Any person licensed, or required to be licensed, as such, by virtue of the provisions of the Cal. Business and Professions Code.
COUNCIL. The City Council of the city.
EMPLOYEE. A person engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor, and all other persons employed or working in connection with the business.
ENGAGED IN BUSINESS. The operating, conducting, managing or the carrying on of any business in the city, as owner, officer, agent, manager, employee, servant or lessee, whether or not a profit or gain therefrom is actually made.
GARDENER. An individual who maintains landscaping by providing such services as mowing lawns, removing dead vegetation, watering, raking, or planting and fertilizing vegetation. A GARDENER as defined herein shall not include individuals who remove or trim trees, install irrigation systems, or who perform other than maintenance services.
GROSS RECEIPTS. The total amount received as and for the sale price of all goods, wares and merchandise sold and/or the total amount charged and received for the performance of any act, service or employment of whatever nature, for which a charge is made or credit allowed, whether or not such act, service or employment is done as part of or in connection with the sale of materials, goods, wares or merchandise or the rendition of personal services. 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 property sold, the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever attributable to sale activities or personal services.
HOTEL. Shall be as defined in the Building Code.
ITINERANT VENDOR. Any person, other than a sidewalk vendor operating with a valid permit issued in accordance with Chapter 5.98, who engages in a temporary or transient business in the city, selling goods or any other things of value, with the intention of engaging in such business in the city for a period of not more than 120 days, and who, for the purpose of engaging in such business, hires, leases, or occupies any room, building or other place for the exhibition or sale of goods or other things of value. If the place in which a business is conducted is hired, leased, or occupied 120 days or less, such fact shall be presumptive evidence that the business conducted therein is a temporary or transient business.
LICENSE. A business license issued pursuant to the provisions of this chapter.
LICENSE COLLECTOR. An officer or employee of the city who is appointed as the city's License Collector, whose primary duty is to enforce the provisions of this chapter.
LICENSEE. A person holding a valid business license issued pursuant to the provisions of this chapter.
LODGING HOUSE. Shall be as defined in the Building Code.
MECHANICAL AMUSEMENT DEVICE. Any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to the machine or connected therewith, operates or which may be operated for use as a game, contest or amusement, or for the dispensing of music, or which may be used for any such game, contest, amusement or music, and which does not contain a payoff device for the return of slugs, money, coin, checks, tokens or merchandise. MECHANICAL AMUSEMENT DEVICE shall also mean the use of any microscope, phonograph or any kinetoscope, giograph, projectoscope or other instrument or machine of like character, lung tester, muscle tester, galvanic battery, weighing machine, ball, knife or ring throwing, and all devices or contraptions of a similar nature. Each such device or contraption shall be considered and licensed as a separate business.
MOBILE VENDOR. Any person engaged in the business of selling food in a fully self contained commercial motor vehicle. This includes retail ice cream, frozen desserts and candy products, hot and cold foods, fruits, vegetables and similar food products.
MOTEL. Shall be as defined in the Building Code.
OUT-OF-TOWN CONTRACTOR. A contractor which does not maintain a fixed place of business in the city.
PEDDLER. Any person, other than a sidewalk vendor operating with a valid permit issued in accordance with Chapter 5.98, who goes from house to house, place to place, or in or along the streets within the city selling or making immediate delivery, or offering for sale and immediate delivery any goods, wares or merchandise or anything of value, in possession of the peddler, or offering to perform personal services to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.
PERMIT. A permit required to be issued prior to the conduct of any business referred to in this chapter.
PERMITTEE. A person holding a valid permit issued pursuant to the provisions of this chapter.
PERSON. Any individual, corporation, partnership, association, incorporated or not, Massachusetts business or common law trust, societies, joint venture or other associations of individuals transacting or conducting any business in the city.
PREMISES. All land, buildings, structures, equipment and appurtenances connected with, or used in, conducting any business.
RESIDENTIAL RENTAL BUSINESS. Any room, group of rooms, building, or structure designed to be rented or leased to a tenant for residential purposes. Such units shall include hotel and motel rooms, apartments, and mobile home spaces located in recognized mobile home parks and used for dwelling purposes; provided, however, that an owner-occupied unit shall not be a residential rental unit. It is presumed that every unit owned but not occupied by the owner is a residential rental unit.
SOLICITOR. Any person who engages in the business of going from house to house, place to place, in or along the streets within the city, selling or taking orders for goods, wares or merchandise, or other things of value for future delivery, or for services to be performed in the future.
SPECIAL BUSINESS ACTIVITIES. Business activities which are conducted on a periodic or short-term basis on either private or public property. SPECIAL BUSINESS ACTIVITIES shall include such events as sidewalk sales; street sales during special events such as carnivals, fiestas and street fairs; tent sales; and other similar events. SPECIAL BUSINESS ACTIVITIES shall not include activities where no business is conducted. SPECIAL BUSINESS ACTIVITIES shall not include peddlers, solicitors, and itinerant vendors.
VENDING MACHINES. Any self-service device or machine available for public use which, upon insertion of coins or tokens, will dispense a service, food, drink or other type of merchandise.
WRITTEN NOTICE. A written communication which shall be addressed to the party involved, at his or her last known address, postage prepaid, deposited in the course of transmission of the United States Postal Service.
(`83 Code, § 5.04.030) (Ord. 93-21 § 1, 1993; Ord. 93-25 § 1, 1993; Ord. 2008-07 § 2, 2008; Ord. 2010- 20 § 1, 2010; Ord. 2015-07 § 2, 2015; Ord. 2015-15 § 3, 2015; Ord. 2017-05 § 4, 2017; Ord. 2018-12 § 2, 2019)