For the purpose of this article, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
(Prior code § 5-800)
"Advertising" includes:
A. 
Operating any shop for the purpose of manufacturing or painting of show cards of any kind whatsoever;
B. 
Affixing or displaying bills, cards, signs or other advertising matter in or upon trucks, wagons, trailers or other vehicles using the public street; provided, nothing in this section shall be construed as applying to any sign or advertisement advertising the person owning said trucks, wagons, trailers or other vehicles, provided said trucks, wagons, trailers or other vehicles are used primarily in the conduct of the business of said person;
C. 
Installing or maintaining flags, banners or other decorative advertising displays over or upon any street or other public place.
(Prior code § 5-801)
"Advertising by billboards" includes every person erecting, installing, maintaining billboards, or operating any other advertising sign, sign device, design or statuary erected to attract the attention of the public and visible from any street or other public place.
(Prior code § 5-802)
"Advertising by door-to-door distributing" includes every person, firm, corporation or entity engaged in the distributing of handbills, samples, dodgers, circulars, booklets or other notices of advertisements, including publications substantially or totally devoted to advertising in the form of a newspaper.
(Prior code § 5-803)
"Advertising by posting" includes every person operating the business of advertising by posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, buildings or other structures, except billboards or advertising signboards; provided, that nothing in this section contained shall be construed to affect or apply to any person who is liable for and who shall pay a license under any provisions of this article, and who shall post, stick, tack, affix upon, or erect any such signs on the premises or buildings occupied and used in the business of said person and which said sign advertises the goods of the business of the said person only.
(Prior code § 5-804)
"Advertising by searchlight" includes carrying on the business of advertising by means of a searchlight, stereoscope, biograph, moving picture or any similar device; provided, that nothing in this section contained shall be construed to affect or apply to any person who is liable for and shall pay the license under any provisions of this article and who uses a stereoscope, biograph or moving picture or any similar device for the purpose of advertising goods, wares or merchandise of the business of said person only.
(Prior code § 5-805)
"Advertising by sound trucks" includes every person operating the business of advertising by means of any vehicle containing amplifiers, phonograph, loudspeaker, microphone, broadcasting radio, or a device for public address, or carrying advertising signs, and which is used for announcing or advertising upon the public streets or public ground in the city.
(Prior code § 5-806)
"Auction establishment" is a fixed place of business where any goods, wares or merchandise are sold or offered for sale or trade by public outcry or public auction.
(Prior code § 5-807)
"New car auto dealer" means and includes any person selling, buying or otherwise dealing in three or more new motor vehicles in any one calendar year, on consignment or otherwise, for a commission or for the purpose of reselling at a price greater than originally paid therefor.
(Prior code § 5-808)
"Used car auto dealer" means and includes any person engaging in the business of selling, buying, taking in trade, displaying for sale on his own account or for others, or otherwise dealing in used motor vehicles as the term "motor vehicles" is defined in the State Vehicle Code, or who buys or accepts on consignment, or offers or displays for sale, or otherwise becomes possessed of motor vehicles, for the purpose of sale, or who sells three or more used motor vehicles in one calendar year for a commission or otherwise, except a bona fide owner of a motor vehicle who displays or offers the same for sale upon private premises owned, rented, leased or occupied by him for another purpose, provided not more than three motor vehicles are thus offered or displayed for sale within any twelve-month period.
(Prior code § 5-809)
"Auto wrecker" includes any person who buys any motor vehicle as the term "motor vehicle" is defined in the California State Vehicle Code, for the purpose of dismantling or disassembling, for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles.
(Prior code § 5-810)
"Bankrupt stocks business" includes every person engaged in the business of selling any goods advertised or designated as sheriff's, assignee's, creditor's, bankrupt's, consignee's, trustee's, receiver's, or special sale of damaged goods, damaged by fire, water or otherwise; provided, however, that this section shall not apply to sale of goods which are actually in good faith in the possession of the sheriff or trustee in bankruptcy or in possession of any court of the state or of the United States; or the goods belonging to an established business, paying a license, which have been damaged within the city and which are being disposed of in good faith by the person engaged in said business to close out the same; except that such sales provided in this section shall be certified to by the city treasurer that such sale is a bona fide sale held by an established licensee to conduct such business in the city; and provided further, that an inventory of merchandise to be sold at such sale shall be furnished the city treasurer and the chief of police; and provided further, that permission to hold such sale shall not include the right to increase the stock of merchandise or inventory after the sale has been publicly advertised.
(Prior code § 5-811)
"Beauty parlor" includes operating a manicuring, shampoo, hairdressing, facial massage or beauty parlor, or any establishment where surplus hair, moles or other facial blemishes are removed or eradicated.
(Prior code § 5-812)
"Beautician" includes every person engaged in the business of giving beauty treatments, massage, manicuring, shampooing or hairdressing, or removing or eradicating surplus hair, moles, warts or other facial blemishes, by going from house to house or place to place, and if such person is connected with or is operating from an established shop or place of business in the city, the license fee specified shall be in addition to any and all fees required of the owner or operator of such shop.
(Prior code § 5-813)
"Business" includes "profession," "trades," and "occupations," and all and every kind of calling carried on for profit or livelihood.
(Prior code § 5-814)
"Business and professions generally" includes, but is not limited to commission merchants, brokers, hotels containing six or more guest rooms and which are intended for occupancy by six or more guests whether rent is paid in money, goods, labor or otherwise; apartment houses containing five or more apartments and intended for occupancy by five or more guests or tenants where the rent is paid in money, goods, labor or otherwise; courts containing five or more rental units intended for occupancy by tenants for residential purposes under the same ownership or lease, where the tenancy is of a permanent nature irrespective of whether or not said units are situated on one or more pieces of property; motels include any structure which is occupied or intended for occupancy by persons for limited periods of time.
(Prior code § 5-815)
"Business," "profession" or "occupation" shall not apply to any person engaged in any of the professions or occupations hereinabove enumerated, solely as an employee of any other person conducting, managing or carrying on any such business in the city.
(Prior code § 5-816)
"Circus" includes any tent or canvas enclosure wherein are exhibited any feats of horsemanship, trained animals, clowns, acrobats or trapeze performances and such other forms of skill or amusement as are commonly given in rings and combinations of entertainments.
(Prior code § 5-817)
"Concessions" business includes every person regularly licensed under this article for the conduct of any business, who rents or leases floor space or a concession or concessions to one or more persons in his or her regular place of business, on a cash rental or commission basis, or otherwise.
(Prior code § 5-818)
"Contractor" is a person who, for a fixed sum, price, fee, percentage or other compensation other than wages, undertakes with another for the construction, alteration, repair, addition to or improvement of any building or other structure project, development or improvement, other than personality or any part thereof; provided, that the term contractor, as used in this article, includes subcontractor but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor as herein defined.
(Prior code § 5-819)
"Employee" means 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 all other persons employed or working in said business.
(Prior code § 5-820)
"Film," "films" and "filming" as used in this title, means any and all activity attendant to staging or shooting motion or still pictures, videotapes, photographs, documentaries, television shows or programs, and commercials.
"Nonprofit film" as used in this title means any film produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization, from which no person, directly or indirectly, shall receive a profit from the marketing and or production of the film or from showing the film.
"Student film" as used in this title means any film project engaged in by enrolled students or faculty members of any accredited university, college, vocational school, high school or other educational institution, from which no person, directly or indirectly, shall receive a profit from the marketing and or production of, or from showing or displaying the film.
(Ord. 1659 § 1, 1999)
"Fortunetelling" includes operating the business or art of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal-gazing, hypnotism, mesmerism, mediumship, prophecy, augury, divination, magic, necromancy or any occult science, and who demands or receives a fee for the practice or exhibition of his business or art, or who practices or gives an exhibition of his business as a bonus, prize, or free with the sale of any book or article, or who gives an exhibition thereto at any place where any admission is charged or received.
(Prior code § 5-822)
"Fortunetelling advertising" business includes every person advertising by oral word, sign, circular, handbill, newspaper, periodical, magazine or other publication, or by any other means whatsoever, fortunetelling or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of any occult or psychic power, faculty or force, clairvoyance, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other crafty art, science, cards, talisman, charm, substance, gypsy cunning or foresight, crystal-gazing, oriental mysteries or magic of any kind or nature.
(Prior code § 5-821)
"Gasoline deliveries" includes the selling or delivering of kerosene, gasoline, benzene, energine, distillate, stove distillate, furnace distillate, or any or all other petroleum products by means of tank wagons, tank trucks or other vehicles.
(Prior code § 5-823)
"Grocery bus" business includes every person who sells upon the public streets, from any vehicle commonly known as a traveling grocery store or bus, a general line of groceries or other articles usually carried for sale in grocery stores, but does not include any person peddling fruits, vegetables, poultry, butter, eggs or other farm produce grown, raised or produced by himself or by any person whose fees for peddling are otherwise specifically provided for in this article.
(Prior code § 5-824)
"Gross receipts" means the gross receipts of the calendar year and is defined as follows:
The total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of goods, or not, for which a charge is made or credit allowed, including all receipts, cash credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefor on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included, and this article shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts hereunder.
(Prior code § 5-825)
"Invalid coach" is a vehicle used to transport the sick and infirm from place to place, but which vehicle is not an emergency vehicle.
(Prior code § 5-826)
"Itinerant vendor" is any person who engages in a temporary business for the sale of goods and who for such purpose hires or occupies any building or structure or portion thereof within the city.
(Prior code § 5-827)
"Junk dealer" includes any person engaged in the business of selling, either wholesale or retail or storing on premises any rags, sacks, bottles, cans, papers, metals or any articles of junk.
(Prior code § 5-8 28)
"Laundry" is a place where clothes, wearing apparel, household linen or other similar articles are washed or ironed, or both washed and ironed, for a fee or compensation.
(Prior code § 5-829)
"Linen supply" is a plant operated for the purpose of leasing, renting or otherwise furnishing clean or laundered table linens, towels, aprons, jackets, overalls, wiping rags and articles of like nature for a fee.
(Prior code § 5-830)
"Money lender" includes every person carrying on the business of loaning money upon personal security, upon evidence of debt assignments of salary, salary warrants, salary demands, of any personal property or purchasing for himself or for any other person, commercial paper, evidence of debts, assignment of salary, salary warrants, salary demands, time checks or other evidence of salaries due, or to become due.
Nothing in this section contained shall be deemed or construed to apply to the holder of a bond broker's license, or to any person conducting a banking business under the laws of the state.
(Prior code § 5-831)
"Patrolman" is an individual engaged in the act of guarding property as the owner, member or employee of a patrol system.
(Prior code § 5-833)
"Patrol system" includes any private service or private system which purports to furnish or does furnish to members or subscribers, any watchman or guard, either uniformed or otherwise, to patrol any part of the city or to guard or watch any property, including guarding against theft, fire or both, or to perform any service usually and customarily performed by the chief of police in his capacity as a peace officer.
It does not include the guarding of property of a single owner while such property is not open to the public by one or more individuals whose entire salary or wage is paid by such owner, irrespective of whether such salary or wage is paid direct to the individuals performing such guard duty or to another, or service of any nature performed by an employee whose main or principal duty is not that of guarding or protecting property.
(Prior code § 5-832)
"Peddler of medicine" includes every person operating the business of a peddler of medicines, who calls attention to his wares, or advertises the same by the use of music, entertainment, speech, fancy or grotesque dress, or other device, upon any public street, or other public place, doorway of any room or building, unenclosed or vacant lot or parcel of land, whether the actual sale of such commodity is made on such premises, or elsewhere. It also includes the peddling of medicines, ointments, drugs or medicinal compounds, or any appliance or appliances for the treatment of disease or injuries by soliciting from house to house or by haranguing crowds in a public hall or building or by using music, or entertainment in any form, or by lecture in any public hall or building, for the purpose of attracting persons to whom medicines, ointments, drugs, medical compounds, or any appliance or appliances for the treatment of diseases may be sold.
(Prior code § 5-837)
"Peddler of notions" includes every person operating the business of a peddler of flags, banners, balloons, canes, horns, trumpets, musical or noisemaking instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs or souvenirs of any kind.
(Prior code § 5-835)
"Peddler of notions by entertainment" includes every person operating the business of a peddler of notions, toys, goods, wares or merchandise, other than medicines, who calls attention to his wares, or advertises the same by the use of music, entertainment, speech, fancy or grotesque dress, or other device, upon any public street, or other public place, doorway of any room or building, unenclosed or vacant lot or parcel of land, whether the actual sale of said commodity is made upon the premises or elsewhere.
(Prior code § 5-838)
"Wholesale and retail peddler" includes all persons, both principal and agent, all firms, corporations, partnerships or any other joint or singular enterprise engaged in by a person who travels from place to place, or has a stand upon any public street or alley, or any other place, doorway of any room, or building, unenclosed or vacant lot or parcel of land, and who sells any of the products mentioned herein to retail dealers for the purpose of resale, and the person so engaged shall not be relieved from the provisions of this section by reason of association temporarily with any local dealer, trader, merchant or auctioneer or by conducting any temporary business in connection with, or as a part of, or in the name of, any local dealer, trader, merchant or auctioneer, or any sale by a retail peddler to a retail dealer for the purpose of resale.
All other peddlers not herein designated shall be classified as a "retail peddler."
(Prior code § 5-839)
"Peddling" or "peddle" includes traveling from house to house hawking and selling any goods, by the taking of an order, and the making of a delivery, concurrently, and also includes selling goods which have not been sold to or ordered by a buyer prior to delivery and which goods are intended to be offered for sale and delivery to members of the public; however, "peddle" or "peddling" does not include vending as defined in Chapter 5.57, nor does "peddle" or "peddling" include the delivery of goods by a person engaged in the business in the city, or elsewhere, and which goods have been ordered to be so delivered prior to such delivery; provided, however, that "peddle" or "peddling" shall include the delivery of goods at the time of or within a period of two hours from the time of obtaining such order for delivery, unless such order is placed by the buyer at a fixed place of business of the seller.
(Ord. 1614 § 5, 1996)
"Public transportation" is the transportation of persons by motor bus or other motor vehicle over a specified route or routes upon the public streets, irrespective of whether such route lies wholly within the city or has its point of origin and destination wholly within or without the city.
(Prior code § 5-840)
"Soliciting" includes any person who engages in the business of going from house to house, and place to place, or at or along the streets, selling or taking orders for or offering to sell or take orders for goods or other things of value for future delivery or for services to be performed in the future.
(Prior code § 5-841)
"Theaters" includes a moving picture theater, or drive-in theater, where moving or motion pictures, legitimate theater or vaudeville shows are exhibited, and a fee is charged, collected or received.
For the purpose of licensing drive-in theaters, seating capacity shall be calculated on the basis of two and one-half seats per automobile space provided in said theater.
(Prior code § 5-842)
"Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Prior code § 5-843)