Chapter 5.08

For the purposes of this title the following words and phrases shall have the meaning respectively ascribed to them by this chapter. (Prior code § 15.1 (part)).

5.08.020 Auctioneer.

"Auctioneer" means a person who sells or offers for sale any real or personal property at auction (exclusive of court sales), or who carries on the business of auctioneer whether at a fixed place of business in the city or not. (Prior code § 15.1 (part)).

5.08.040 Business.

"Business" means that activity which occupies the time, attention or labor of men for the purpose of livelihood; and it embraces all things necessary to be done to accomplish fully the purpose implied by the undertaking. (Prior code § 15.1 (part)).

5.08.050 Conducting.

"Conducting" means the act of conducting, managing or carrying on a certain business or occupation. (Prior code § 15.1 (part)).

5.08.060 Contractor.

"Contractor" means any person who does any type of construction work for an agreed price, or who holds himself out to the public as in such business, or who erects, constructs, alters or repairs any building or structure for the purpose of selling or renting the same, and who does not employ therefor a regularly licensed person. (Prior code § 15.1 (part)).

5.08.070 Dance or dancehall, public.

"Public dance or dancehall" means any dance or place where dancing is carried on and to which the public is admitted, and a charge made therefor. (Prior code § 15.1 (part)).

5.08.080 Drugless practitioner.

A "drugless practitioner" means one who practices by other than drugs but exclusive of prayer or spiritual means. (Prior code § 15.1 (part)).

5.08.090 Employee.

"Employee" means all persons engaged in the operation or conduct of any business, whether any member of the owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in such business. (Prior code § 15.1 (part)).

5.08.100 Fire, bankrupt or wreck sale.

"Fire, bankrupt or wreck sale" means the sale of goods, wares or merchandise salvaged from a fire, wreck or other calamity or a sale of goods, wares or merchandise advertised as a fire or bankrupt or wreck sale; provided, that no license shall be required under the provisions of this section for the sale of merchandise salvaged from any fire, wreck or other calamity occurring in the city, where same is conducted by the person who held the license to conduct the business before the fire or wreck or other calamity occurred. (Prior code § 15.1 (part)).

5.08.110 Fixed place of business.

"Fixed place of business" means a place of business regularly kept open, with someone in charge thereof for the transaction of the particular business engaged in during the hours customary to transact such business. (Prior code § 15.1 (part)).

5.08.115 Gross receipts.

"Gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, redemption stamps, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following:

(1) Cash discounts allowed and taken on sales;

(2) Any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold, included in or added to the purchase price and collected from the consumer or purchaser;

(3) Such part of the sale price of property returned by purchasers upon recission of the contract of sale as is refunded either in cash or by credit;

(4) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the license collector with the names and addresses of the others and the amounts paid to them. Stock and bond brokers need not furnish the license collector with the names and addresses of stock and bond owners;

(5) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;

(6) As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker;

(7) As to a retail gasoline dealer, a portion of a retail gasoline dealer’s receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of the Revenue and Taxation Code of the state;

(8) As to a retail gasoline dealer, the special motor fuel tax imposed by the United States Code if paid by the dealer or collected by him from the consumer or purchaser;

(9) That portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under this title and provided the general contractor furnishes the license collector with the names and addresses of the subcontractors and the amounts paid each subcontractor;

(10) Credit allowed on property accepted as part of the purchase price and collected from the consumer or purchaser;

(11) The difference between the balance owed and paid on a defaulted purchase or finance contract upon repossession by seller and the amount received from resale of the repossessed article by the repossessing seller;

(12) Cash value of sales, trades or transactions between departments or units of the same business;

(13) Sales for convenience where sales of new goods, wares, or merchandise are made by a person engaged in selling such articles to another person engaged in selling like or similar articles:

(A) Where the primary purpose of the particular transaction of sale is to accommodate the purchases rather than to make a sale in the ordinary course of business,

(B) Where, in the particular kind of business involved, a similar manner of dealing is frequent or customary in the circumstances under which the particular sale is made,

(C) Where goods, wares or merchandise of like or similar kind and of substantially equivalent value to that which was sold is received in consideration;

(14) Any gross receipts which have become the measure of a license tax paid to another city or which may not be legally made the measure of a license tax by the city. (Ord. 590 § 2(a), 1975).

5.08.120 Home occupation business.

"Home occupation business" applies to any person conducting a business from a residential location within the city. (Prior code § 15.1 (part)).

5.08.130 Jobbing contractor.

"Jobbing contractor" means any contractor who contracts for the repair or alteration of any premises, or the construction of any appurtenance thereto, where the contract price for the labor and materials therefor does not exceed one hundred dollars. (Ord. 717 § 1(c), 1985; Prior code § 15.1 (part)).

5.08.140 Junk collector.

"Junk collector" means any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, paper, metals or any other worn out or discarded materials. (Prior code § 15.1 (part)).

5.08.150 Junk dealer.

"Junk dealer" means any person having a fixed place of business in the city and who is engaged in carrying on the business of buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals or any other worn out or discarded materials. (Prior code § 15.1 (part)).

5.08.155 Manufacture or process—Manufacturer.

(a) "Manufacture or process" embraces all the activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful article of tangible personal property or substance of trade or commerce is produced and shall include the production or fabrication of specially made or custom-made articles.

(b) "Manufacturer" means every person who, directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from his own materials or ingredients any articles, substances or commodities. (Ord. 590 § 2, 1975).

5.08.160 Mechanical amusement device.

"Mechanical amusement device" means any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to such machine or connected therewith, operates or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise. (Prior code § 15.1 (part)).

5.08.170 Mechanical amusement device owner or operator.

"Mechanical amusement device owner or operator" means:

(1) Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any place under his control or who installs or maintains the same in any place where the same can be played or operated by persons in or about the place; or

(2) The person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about the place. (Prior code § 15.1 (part)).

5.08.180 Pawnbroker.

"Pawnbroker" means every person conducting, managing or carrying on the business of loaning money either for himself or any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignee at prices previously agreed upon. (Prior code § 15.1 (part)).

5.08.190 Peddler or solicitor.

"Peddler" or "solicitor" means any person going from door to door or doing business at any place other than in a permanent store building selling, taking orders for current or future delivery, or directing the selling, taking orders for, or soliciting orders for goods, wares, merchandise or services. (Prior code § 15.1 (part)).

5.08.200 Person.

"Person" means all domestic and foreign companies, corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses or common law trusts, societies and individuals transacting and carrying on a business in the city. (Prior code § 15.1 (part)).

5.08.205 Sale.

(a) "Sale" includes 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 as 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 contemplation of law.

(b) Retail Sale. "Sale at retail" and "retail sale" mean every sale of tangible personal property (including articles produced, fabricated or imprinted) other than sale to one who purchases for the purpose of resale as tangible personal property in the regular course of business, or purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible property or substance, of which such property becomes an ingredient or component, or as a chemical reaction directly through contact with an ingredient of a new article being produced for sale.

(c) Wholesale sale. "Sale at wholesale" and "wholesale sale" mean any sale of tangible personal property which is not a "sale at retail" and mean any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a "retail sale" set forth above, when rendered to or for consumers.

(d) Sales otherwise classified as "retail sales" may nevertheless be classified as "wholesale sales" under this section if the vendor can establish to the satisfaction of the license collector that the sale was made to a governmental agency, public utility, manufacturer, processor or contractor who consumed the articles in the course of his own operations and did not offer the articles for resale to the general public except as an integral part of manufacturing, construction or service. (Ord. 590 § 2(c), 1975).

5.08.210 Street vendor.

"Street vendor" means one who sells or offers for sale any goods, wares, merchandise or other thing of value from a tray or stand in a city street or off his person, or by some vehicular means. (Prior code § 15.1 (part)).

5.08.220 Temporary vendor.

"Temporary vendor" means any person who engages in a temporary or transient business in the city, selling goods, wares, merchandise or any other thing of value with the intention of conducting such business in the city for a period of not more than ninety days, and who, for the purpose of carrying on such business, hires, leases or occupies any room, doorway, vacant lot, building or other place for exhibition or sale of goods, wares, merchandise or other thing of value; provided, however, that this section shall not apply to sample rooms for the display and taking orders for goods at wholesale. (Prior code § 15.1 (part)).

5.08.230 Vehicle.

(a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle.

(b) "Commercial vehicle" means and includes the business carried on by any person engaged in delivering, selling or offering for sale by means of any motor driven or horse-drawn vehicle any material, commodities, goods, wares, or merchandise, including any similar, kindred or related vehicular operations and for which a license fee is not specifically required under any other section of this code. (Ord. 717 § 1(d), 1985: Prior code § 15.1 (part)).

Chapter 5.08DEFINITIONS

5.08.010 Generally.