For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUCTIONEER. Any person whose business it is to offer property for sale at public outcry to the highest bidder.
BUSINESS. All professions, trades, rental activity, occupations and activities, carried on with the intent:
(1) A profit be realized therefrom; and
(2) The profit, if any, insure to the benefit of the owner or owners of the activity.
CANVASSERS, SOLICITORS, PEDDLERS, HAWKERS. An individual, whether a resident of the city or not, traveling from place to place, house to house or street to street, carrying for sale, or offering or exposing for sale, or contacting city residents by telephone or taking, or attempting to take, orders for, or to sell goods, wares, merchandise, personal property, produce or services to be performed or furnished now or at some time in the future, for which a price is asked.
CARNIVAL. Any traveling show having two or more shows, exhibitions, entertainments or amusements separately or in combination at one location; provided that merry-go-round, Ferris wheel, or similar amusement ride charging a cash fee per ride but not operated in connection or conducted with a circus show, tent show or side show, shall not be included within the definition of carnival.
CIRCUS. Every traveling show where feats of horsemanship or acrobatic sports or menageries are exhibited.
DOING OR TRANSACTING BUSINESS. Any act or series of acts performed in the course or pursuit of a business activity.
EDUCATION PROGRAM. A seminar or course of study given in the city for a fee by a person or an organization which does not maintain a place of business in the city.
EMPLOYEE. Any individual who performs service for another individual or organization having the right to control the employee as to the services to be performed and as to the manner of performance. For purposes of this subchapter, EMPLOYEE also means a licensed real estate sales person or associate real estate broker who engages in professional real estate activities only as an agent of a real estate broker or organization.
EXPENSE. The cost of goods sold, the expense of services rendered and all other expenses or disbursements, accrued or otherwise, ordinarily incidental to the operation of the business.
OWNER. A person having an interest in a business, and actively engaged in the operation of the business.
PERSON. Includes a person, co-partner, partnership of any kind, domestic and foreign corporations, associations, joint adventures, and individuals transacting or carrying on any business in the city. Under this subchapter, the term PERSON shall not include canvassers, solicitors, peddlers, hawkers, auctioneers and operators of temporary uses.
PREMISE. One building, a single piece of real estate, house or building.
PROFIT. The excess gross receipts over expense.
RENTAL ACTIVITY. A person who accepts payment for the use of two or more properties.
SIDEWALK CAFES, VENDORS. As used in this subchapter, this would include, but not be limited to, espresso coffee vendors, hot dog stands and the like.
(Ord. 96-07-597, passed 5-15-1997)