For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUCTIONEER, ITINERANT. An auctioneer who is not the owner or who has no lease on the place of business where he or she conducts his or her auction, or an auctioneer who has a lease on a place of business in the city for the conduct of his or her auction for a period of less than three months.
BANKRUPT SALE. A sale for the benefit of creditors, either directly or indirectly, or a sale advertised as a bankrupt sale or sale for the benefit of creditors.
BUSINESS. Any trade, calling, profession or occupation carried on for profit or livelihood.
CITY. The City of San Joaquin.
CLOSE OUT SALE. A sale advertised as a close-out sale where the person conducting the sale has not conducted the business at a fixed place of business for at least one year.
CONTRACTOR. A person defined as a contractor by Cal. Business and Professions Code § 7026, or as a contractor by the provisions of Cal. Business and Professions Code, Chapter 9, Division 3, Article 2.
DECLARATION. A written statement wherein declarant verifies the truth of his or her statement under penalty of perjury.
EMPLOYEE. All persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor and any and ail persons employed or working in the business.
FINANCING. The business of loaning money, advancing credit or loaning credit, whether security of any kind is taken for the loan or advance or not, or purchasing or discounting of any obligation of money due or to become due, or any evidence of any obligation secured, guaranteed or not; but does not include or apply to the conduct of a banking business under the laws of the state or of the United States, or to the business of a pawn broker or a business of real estate broker when otherwise subject to other provisions of this chapter.
FIRE SALE. The sale of goods or merchandise salvaged, or claimed to have been salvaged, from a fire, wreck or other calamity, or a sale of goods advertised as a fire or wreck sale.
FIXED PLACE OF BUSINESS. A permanent store, office or other place where business is legally and regularly transacted from month to month in the manner as business of that nature is generally or customarily carried on and conducted and when the circumstances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the city and not otherwise, and not in any lodging room, or place where temporary desk room is used, or where any temporary expedient is resorted to for temporary purposes, as distinguished from a continuous or permanent business in the city. In cases where continuity or permanency is unclear or questionable the facts must be shown by the proof of a bona fide lease or rental agreement to the premises where the business is to be conducted, the lease or rental agreement to be for a minimum period of not less than six months.
FOOD DISTRIBUTOR. Any person without a fixed place of business in the city who distributes food products directly to customers at retail, or to food outlets at wholesale for resale, including the business of selling farm products at wholesale provided, however, nothing contained in this chapter shall require a business license from a farmer making an occasional sale of products grown or produced by him or her to a local merchant unless the total monthly gross sales exceed $250.
GOODS, WARES, MATERIALS or MERCHANDISE. Every commodity or article of trade capable of being bought, sold or exchanged, and whether of nominal value or otherwise.
HOME OCCUPATIONS. Any activity legally conduced or carried on for profit in, from or out of the residence of the person engaged in the activity, wherein the residence is not made a regular, permanent place of business thereto, and the activity is supplemental to another regular source of income and/or is incidental to the primary residential use of the property.
ITINERANT VENDOR or ITINERANT MERCHANT. Solicitors, peddlers, hawkers, transient vendors and every person not having a fixed or permanent place of business who, either as principal or agent engaged in a temporary or transient business in the city, sells or offers for sale, or barters or takes orders for goods, wares or merchandise or any other thing of value, with the intention of conducting the business for a period of not less than six months and who for the purposes of the business hires, leases or occupies any room, doorway, vacant lot, building or other place, for the exhibition for sale of goods, wares, merchandise or other thing of value. If any place, occupied or used for the business, is rented or leased for a period of not less than six months, the fact shall be presumptive evidence that the business carried on there is a transient business; and any person so engaged shall not be relieved of the provisions of this chapter or from payment of the license taxes herein provided for the business by reason of the temporary association with any local dealer, trader merchant or auctioneer. Not included as ITINERANT VENDORS or ITINERANT MERCHANTS are solicitors of religious publications, newspapers or periodicals, or producers who furnish directly and deliver any poultry, eggs, butter, fruit, vegetables or meat, being the produce of his or hers garden, farm or dairy to any person in the city; providing that, the term DAIRY, as used herein, shall mean the keeping of two or less cows or two or less goats.
JOBBING BUSINESS. Every business conducted solely for the purpose of selling goods, wares or merchandise in job lots to wholesale merchants from resale to the trade by the wholesale merchants.
JUNK COLLECTOR. Any person engaged in or carrying on the business of collecting, buying or selling any old rags, sacks, bottles, cans, papers, metal or other pieces of junk.
MANUFACTURER. One engaged in making materials, raw or partly finished, into wares suitable for use.
RETAIL BUSINESS. Every business conducted for the purpose of selling or offering for sale any goods, wares or merchandise, other than as part of a "wholesale business" or "jobbing business", as elsewhere defined herein.
SALE. The transfer, in any manner or by any means whatsoever of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property and a transaction whereby the possession of property is transferred and the seller retains the title for security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplations of law.
SOLICITOR. A person taking orders for any photographs, goods, wares or merchandise or taking pictures and not having a regular place of business in the city or who is not an agent or representative of a person having a regularly established place of business in the city.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
WHOLESALER or WHOLESALE DEALER. One who sells goods, wares or merchandise exclusively to retailers for resale at retail to the trade by the retailers; provided, however, that, any article sold to a customer directly shall be classified as a retail sale.
WRECK SALE. The same as FIRE SALE.
(1994 Code, § 5.04.020)