[Ord. No. 597, § I; Ord. No. 783, § 1; Ord. No. 1182, § 1.]
For the purposes of this chapter, the following words and phrases shall have the meaning respectfully ascribed to them by this section:
(a)
PERSONS — Includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common-law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee. Notwithstanding the definition herein of "persons, " professional people shall be individually licensed as provided in this chapter.
(b)
CITY — Shall mean the City of Oakdale, a municipal corporation of the State of California, in its present incorporated form or any later reorganized, consolidated, enlarged or reincorporated form.
(c)
BUSINESS — Includes professions, trades and occupations in all and every kind of calling, whether or not carried on for profit. "Business" includes real property rentals, including homes, apartments, flats, stores, mobile home spaces, parts or all of building structures and vacant areas.
(d)
GROSS RECEIPTS — Shall include the total of amounts actually received or receivable from sales and the total amounts 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 services done as a part of or in connection with a sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind and 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)
Credit allowed on property accepted as part of the purchase price, and which property may later be sold;
(3)
Any tax required by law to be included in or added to the purchase price, and collected from the consumer or purchaser;
(4)
Such part of the sale price of the property returned by the purchasers upon recision of the contract of sale, as is refunded either in cash or by credit;
(5)
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 director of finance with the names and addresses of the others and the amounts paid to them;
(6)
That portion of the receipts of a general contractor which represent payments to subcontractors; provided, that such subcontractors are licensed under this chapter; and provided, that the general contractor furnishes the director of finance with the names and addresses of the subcontractors and the amounts paid each subcontractor;
(7)
Receipts of refundable deposits; except, that refundable deposits forfeited and taken into income of the business shall not be excluded;
(8)
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;
(9)
As to a retail gasoline dealer, a portion of his 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 part 2 of division 2 of the Revenue and Taxation Code of the state;
(10)
As to a retail gasoline dealer, the special motor fuel tax imposed by section 4041 of title 26 of the United States Code, if paid by the dealer or collected by him from the consumer or purchaser;
(11)
As to trading stamp companies, the "gross receipts" shall be measured in terms of stamp sales to merchants;
(12)
Receipts from the sale of real property, when such sale is merely incidental to carrying on a business.
(e)
SALE — Shall include the transfer in any manner or by any means whatsoever of the 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 be likewise deemed as "sale." The foregoing definition shall not be deemed to exclude any transaction which in effect results in a "sale" within the contemplation of law.
(f)
SWORN STATEMENT — Shall mean an affidavit sworn to before a person authorized to take oath or a declaration or certification made under penalty of perjury.
(g)
SOLICITORS AND PEDDLERS — Every person not having a fixed place of business in the city, who travels from place to place or house to house, or temporarily occupies space in any other business establishment within the city, who makes demonstrations of or solicits, takes orders or canvasses for the sale of, or sells any goods, wares, merchandise, insurance, subscriptions to periodicals or magazines, or things or articles of value of any nature, kind or description.
(h)
MERCHANTS — Any person selling goods, wares and merchandise or services of any description within the city, either as a sole business, or in connection with some other business, and any person engaging in business within the city; however, peddlers, solicitors and all other persons whose business is specifically defined in, or for whose business a separate and distinct license fee is provided and required under this chapter.
(j)
PROFESSIONAL PERSON — Any accountant, chiropractor, dentist, engineer, lawyer, optometrist, osteopath, physician, surgeon, veterinarian or mortician who solicits, sells or offers to sell any professional services in the city.