5.04.020: DEFINITIONS:
As used in this title:
AMUSEMENT DEVICE: Any electrically or mechanically operated instrument, machine or piece of equipment activated, operated, or played by coins or tokens or any other similar device not otherwise prohibited by the provisions of this title or any State law.
BUSINESS: Any and every enterprise, trade, craft, occupation, profession or activity pursued for gain or profit excluding, however, those acts or services rendered by an employee to an employer.
   A.   A child of a person other than the provider of childcare;
   B.   A child of a licensed or certified childcare provider who is under the age of four (4);
   C.   A child of an employee of a licensed or certified childcare provider who is under the age of four (4).
CHILDCARE: Continuous care and supervision of five (5) or more children through age twelve (12) and children with disabilities through age eighteen (18), in lieu of care ordinarily provided by parents in their own home, for less than twenty four (24) hours a day, for direct or indirect compensation.
CHILDCARE CENTER (COMMERCIAL): Persons, associations, institutions or agencies, licensed by the State which provide childcare and/or educational opportunities for children, in a place other than a residence for less than twenty four (24) hours per day, for direct or indirect compensation.
COMMERCIAL WAREHOUSING: A building or facility having one (1) or multiple tenants used strictly for the storage of personal and/or commercial items. No sales nor services may be conducted on or from the premises.
CONDUCTING BUSINESS: To sell, offer to sell, or display for sale any tangible property either at retail or wholesale, the manufacture of goods or property, or to render or offer to render any services for consideration except services rendered by an employee to an employer.
EMPLOYEE: All persons who work for an employer for salary, commission, wage or payment in kind and who are subject to the direction and control of such employer, except as may be received in connection with a qualified profit sharing plan.
GARAGE SALES: A sale conducted by an individual resident of the City, owner or occupant of the residence, for the purpose of disposing of unwanted or surplus household furnishings or other personal property and includes yard, moving, estate, rummage, or tag sales, all of which are synonymous. This term does not include any event or activity which would require the business or person to possess a valid business license issued by the City.
HAZARDOUS MATERIALS: Substances or materials in quantity and forms that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. Such materials include, but are not limited to, explosives, blasting agents, poisons, flammable and combustible solids, radioactive materials, etiological agents.
Hazardous materials also include hazardous substances and hazardous wastes.
HAZARDOUS SUBSTANCES: Any substance designated under the Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC section 9601 et seq.), as now or hereafter amended, as posing a threat to the waterways and the environment when released.
HAZARDOUS WASTES: Discarded material under the Resource Conservation and Recovery Act (RCRA) (42 USC section 6901 et seq.) regulated by the United States Environmental Protection Agency because of public health and safety concerns.
HOME OCCUPATION: Any business conducted within the confines of the licensee's dwelling.
LEGAL ENTITY: A body, other than a natural person, that can function legally, sue or be sued, and make decisions through agents.
LICENSE: A certificate issued by the City acknowledging that the licensee has complied with the ordinances of the City and is authorized to conduct business at the location within the City limits identified on the certificate.
MATERIALLY EXCEEDS OFF SITE IMPACT: A home occupation, combined with the primary residential use of the property, generates traffic in a neighborhood significantly above what would normally be expected and, but for the home occupation, would not otherwise be present. Home occupations or activities that may materially exceed the offsite impact include:
   A.   Where clients, customers or non-resident employees come to the home; or
   B.   Any uses defined as major home occupations under section 17.24.040 of this Code.
MOTOR VEHICLE: All trucks, panel wagons, vans and other motor vehicles, as defined under State law, including privately owned motor vehicles, that are used in conjunction with the operation of a business duly licensed under this title.
MULTIUSE WAREHOUSE FACILITY: A building or facility used for the conduct of individual businesses, commerce, sales or service.
PERMANENT BUSINESS: Any business conducted in a fixed and permanent building enclosure located in a Manufacturing, Commercial or Office Zone in the City.
PERSON: Any individual, or legal entity which either individually or as a member of another legal entity, engages in any business.
PLACE OF BUSINESS: Any place in the City wherein is located a business.
PUBLIC NUISANCE: Any act(s), thing(s), condition(s) or use(s) which:
   A.   Injures, annoys, inconveniences, disturbs, or otherwise adversely affects the life, health, safety or the use and enjoyment of property or is offensive to the human sense of hearing, smell or sight;
   B.   Offends public decency;
   C.   Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, stream, canal or basin, or public park, square, street or highway; or
   D.   In any way renders three (3) or more persons endangered in life, safety or in the use and enjoyment of property.
REISSUANCE: To apply for a business license after the expiration of the last valid license and may be referred to as renewal.
RENTAL UNITS OR COMPLEX: For purposes of this title, a building or accommodation that meets the following requirements:
   A.   Residential Rental Complex:
      1.   A building, whether furnished or unfurnished, which contains one or more units offered for rent for the purpose of domestic habitation, or
      2.   Any accommodation for mobile units that is offered for rent for the purpose of domestic habitation;
   B.   Nonresidential Rental Complex:
      1.   Any unit of a public building or space that is offered for rent for the purpose of conducting business or storage.
RESIDENTIAL CHILDCARE FACILITY: Childcare given in the home of a provider (other than parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts) for five (5) or more children.
SEASONAL BUSINESS: Any business other than a permanent business, temporary business or home occupation that is temporarily located on a site which has been approved by the City for a specified period of not more than six (6) months.
TEMPORARY BUSINESS: Any business other than a permanent business or home occupation that is temporarily located on a site which has been approved by the City for a specified period of ninety (90) days or less. (Ord. 17-18)