Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter:
“ACCOMMODATION AND FOOD SERVICES.” A classification meaning the accommodations and food services sector which comprises establishments providing customers with lodging and/or preparing meals, snacks and beverages for immediate consumption, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“ADMINISTRATIVE AND SUPPORT AND WASTE MANAGEMENT AND REMEDIATION SERVICES.” A classification meaning the activities performed including office administration, hiring and placing or personnel, document preparation and similar clerical services, solicitation, collection, security and surveillance services, cleaning and waste disposal services, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“ARTS, ENTERTAINMENT AND RECREATION.” A classification meaning the arts, entertainment and recreation sector which includes a wide range of establishments that operate facilities or provide services to meet varied cultural entertainment and recreational interest of their patrons. This sector comprises: establishments that are involved in producing, promoting, or participating in live performances, events or exhibits intended for public viewing; establishments that preserve and exhibit objects and sites of historical, cultural, or educational interest; and establishments that operate facilities or provide services that enable patrons to participate in recreational activities or pursue amusement, hobby and leisure-time interests, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“BOOTH SPACE.” A designated area, which may or may not be enclosed or semi-enclosed, located within a structure and rented or leased to an individual(s) to provide said individual(s) with a space to conduct business, including, but not limited to, the sale of merchandise, goods or services. This classification includes, but is not limited to, hair dressers, nail technicians, cosmetologist, massage therapists and hair colorists.
“BUSINESS.” A classification meaning all services, activities, occupations, vocations, pursuits, trades, callings or professions located and/or performed within the city with the object of pecuniary gain, benefit, or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time. This definition includes, without limitation, home occupations, peddlers, including, but not limited to, owners and renters of booth space, rooms or areas (occupied or unoccupied) located within a structure, whether occupied or unoccupied and the rental of commercial and residential real property. It also includes the activities of businesses that are located outside the city where sales or services are performed by the physical presence of business representatives inside the city, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“CITY.” The City of Murray, Kentucky, its government, representatives, authorized agents, successors and assigns.
“CONSTRUCTION.” A classification meaning the construction sector, which comprises establishments primarily engaged in the construction of buildings or engineering projects. Establishments primarily engaged in the preparation of sites for new construction and establishments primarily engaged in subdividing land for sale as building sites also are included in this sector. Construction work done may include new work, additions, alterations, or maintenance and repairs, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“DAY.” Unless otherwise specified in an ordinance, the word “DAY” shall mean calendar day.
“EDUCATIONAL SERVICES.” A classification meaning the educational services sector comprising establishments that provide instruction and training in a wide variety of subjects. This instruction and training is provided by specialized establishments, such as schools and training centers. These establishments are privately owned and operated for profit, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“FINANCE AND INSURANCE.” A classification meaning the finance and insurance sector, which comprises establishments primarily engaged in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or facilitating financial transactions, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“FULL TIME SELF-EMPLOYED.” Any full time employee or employees who own the business in which he and/or she is employed and the business has no other employees.
“HEALTH CARE AND SOCIAL ASSISTANCE.” A classification meaning the health care and social assistance sector comprising establishments providing health care and social assistance for individuals. The industries in this sector are arranged on a continuum starting with those establishments providing medical care exclusively, continuing with those providing health care and social assistance, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“INFORMATION.” A classification meaning the information sector which comprises establishments engaged in the following processes: producing and distributing information and cultural products; providing the means to transmit or distribute these products as well as data or communications; and processing data. The main components of this sector are the publishing industries, including software publishing, and both traditional publishing and publishing exclusively on the internet; the motion picture and sound recording industries; the broadcasting industries, including traditional broadcasting and those broadcasting exclusively over the internet; the telecommunications industries; web search portals, data processing industries, and the information services industries, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“JURISDICTION.” The territory within the City of Murray, Kentucky's corporate limits.
“MANAGEMENT OF COMPANIES AND ENTERPRISES.” A classification meaning the management of companies and enterprises sector comprises establishments that hold the securities of (or other equity interests in) companies and enterprises for the purpose of owning a controlling interest or influencing management decisions of establishments (except government establishments) that administer, oversee, and manage establishments of the company or enterprise and that normally undertake the strategic or organizational planning and decision making role of the company or enterprise, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“MANUFACTURING.” A classification meaning the manufacturing section, which comprises establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembling of component parts of manufactured products is considered manufacturing. Establishments in the manufacturing sector are often described as plants, factories, or mills and characteristically use power-driven machines and materials-handling equipment, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“NAICS.” The North American Industry Classification System, 2012 edition, along with all subsequently adopted amendments and modifications thereto.
“NET INCOME.” The total sales revenue, less the cost of the goods sold and all additional expenses.
“NON-RESIDENT.” A person who does not live, reside or maintain a principal place of business within the jurisdiction of the city.
“OFFENDING PARTY.” A person who has received a citation for a violation of this chapter.
“OTHER SERVICES.” A classification meaning the other services sector which comprises establishments engaged in providing services not specifically provided for elsewhere in the classification system. Establishments in this sector are primarily engaged in activities, such as equipment and machinery repairing, advocacy and providing dry cleaning and laundry services, personal care services, death care services, pet care services, photo-finishing services, temporary parking services and dating services, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“PART TIME SELF-EMPLOYED.” Any part time employee or employees who own the business in which he and/or she is employed and the business has no other employees.
“PERSON.” One or more human beings, of either sex, or an entity that is recognized by law as having the rights and duties of a human being such as a corporation, company, partnership, association, trust, joint venture or other entity capable of maintaining a legal action and/or having a legal action brought against it, as authorized under the laws of the Commonwealth of Kentucky, however, shall not include employees of persons licensed pursuant to this chapter.
“PROFESSIONAL SCIENTIFIC AND TECHNICAL SERVICES.” A classification meaning the professional, scientific and technical services sector, which comprises establishments that specialize in performing professional, scientific and technical activities for others. Activities performed include: legal advice and representation; accounting, bookkeeping and payroll services; architectural, engineering and specialized design services; computer services; consulting services; research services; advertising services; photographic services; translation and interpretation services; veterinary services; and other professional, scientific and technical services, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“REAL ESTATE AND RENTAL AND LEASING.” A classification meaning the real estate and rental and leasing sector which comprises establishments primarily engaged in renting, leasing, or otherwise allowing the use of tangible or intangible assets and establishments providing related services. The major portion of this sector comprises establishments that rent, lease or otherwise allow the use of their own assets by others. The assets may be tangible, as is the case of real estate and equipment, or intangible, as is the case with patents and trademarks. This sector also includes establishments primarily engaged in managing real estate for others, selling, renting and/or buying real estate for others, and appraising real estate, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“RETAIL TRADE.” A classification meaning the retail trade sector which comprises establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. The retailing process is the final step in the distribution of merchandise; retailers are, therefore, organized to sell merchandise in small quantities to the general public, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
"SPECIAL EVENT." Any festival, carnival, parade, procession, walk, autocade, block party, fair, sport event, production, fund raiser, gala, celebration, ceremony, race, tournament, activity or other event to which the general public is invited to participate or attend, that is organized, promoted, conducted, or sponsored by the city, county, or any other person, corporation (for profit or non-profit), partnership, company, association, organization, or other entity, and which involves the use of publicly owned, leased, or controlled property, including public right-of-way (streets and sidewalks) and/or city services. "SPECIAL EVENT" shall not mean any funeral processions; individuals assembled for the purpose of exercising their rights protected under the First Amendments of both the United States and the state constitutions; golf tournaments hosted at a designated golf course; or a public meeting facility utilized for its intended purpose of occupancy.
"SPECIAL EVENT APPLICANT." The authorized officer, employee, representative or agent of the organization or group who completes the application and who will be the primary contact for the Special Event.
"SPECIAL EVENT ORGANIZER." The person, business, corporation (for profit or non-profit), partnership, company, association, organization, or other entity responsible for the special event to be held, including, but not limited to, for collection and payment to city of all license fees imposed on vendors participating in the special event.
“TRANSPORTATION AND WAREHOUSING.” A classification meaning the transportation and warehousing sector includes industries providing transportation of passengers and cargo, warehousing and storage for goods, scenic and sightseeing transportation, and support activities related to modes of transportation. Establishments in these industries use transportation equipment or transportation related facilities as a productive asset. The type of equipment depends on the mode of transportation. The modes of transportation are air, rail, water, road and pipeline. The transportation and warehousing sector distinguishes three basic types of activities: subsectors for each mode of transportation, a subsector for warehousing and storage, and a subsector for establishments providing support activities for transportation, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
“VENDOR OF OCCUPIED OR UNOCCUPIED LOCATION.” A classification meaning an individual who rents (directly or indirectly) a specific location within a designated business, which includes, but is not limited to, booth shelf space, rooms, areas and the like, that is occupied or unoccupied by the individual, for the purpose of retail sale of the individual's items, goods or merchandise.
“WHOLESALE.” A classification meaning the wholesale trade sector, which comprises establishments engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. The merchandise described in this sector includes the outputs of agriculture, mining, manufacturing, and certain information industries, such as publishing, including, but not limited to those itemized classifications set forth and established in the 2012 NAICS Codes, along with all subsequently adopted amendments and modifications thereto.
(Ord. 2012-1563, passed 2-23-12; Am. Ord. 2012-1579, passed 5-24-12; Am. Ord. 2014-1632, passed 3-27-14; Am. Ord. 2016-1690, passed 2-18-16; Am. Ord. 2017-1726, passed 3-23-17; Am. Ord. 2019-1780, passed 8-22-19)