For the purpose herein certain words and phrases are defined, and certain provisions shall be construed as herein set forth, unless it shall be apparent from their context that a different meaning is intended as follows:
Average Number of Employees—Fixed Place of Business.The "average number of employees for any business having a fixed place of business" in the city means the average number of employees listed on Employer's Tax Return Under Federal Insurance Contributions Acts, Treasury Department, Internal Revenue Service, for the previous three months of any given quarter year for which a license tax is due hereunder, plus any owner, member of owner's family, partner, agent, or manager actively engaged in working is the business who are not listed on Employer's Tax Return, Federal Insurance Contribution, as of the fifteenth day of the third month of each quarter.
Average Number of Employees—No Fixed Place of Business.The "average number of employees for any business not having a fixed place of business" in the city means the number of persons employed daily in the city in the licensee's business for the period during which such licensee conducts such business in the city, and shall be determined by ascertaining the total number of employees, including owners, members of owners family, partners, agents or managers actively engaged in working in the business during the three days or less on which the greatest number of persons are so employed.
"Business"means professions, trades, occupations, and all and every kind of calling carried on for profit or livelihood.
"Employee"means all persons engaged in the operation or conduct of any business, whether as owner, any member of an owner's family, partner, agent, manager, solicitor, and any and all other persons employed or working in any business.
"Fixed place of business"means a place of business in the city 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, and shall not so qualify unless and until such place of business shall have been so operated for a period of not less than three months.
For the period of three months, such business shall be licensed as a business with no fixed place of business under the provisions of, and at the rates specified herein. Thereafter, and provided, such business qualified during such period, as a business with a fixed place of business, it shall be licensed at the rates specified herein, and shall be entitled to a rebate, for which a claim shall be filed, of the difference between the license paid for the first three months and that it would have paid for that period, as a business with a fixed place of business under Section 5.04.060. |
"Peddler"means any person who sells at retail and makes immediate delivery, or offers for sale and immediate deliver, any goods, wares, merchandise or thing, in the possession of the seller, at any place in the city, other than from a fixed place of business and who does, or does not, follow a fixed route or serve purchasers in the city regularly and continuously.
"Person"means all domestic and foreign corporations, associations, syndicates, joint stock corporations, clubs, business or common law trusts, societies and individuals commencing, transacting and carrying on any business in the city.
"Solicitor"means any person who sells or takes orders, or offers to sell or take orders, at retail, for any goods, wares, merchandise or thing, for future delivery, or for services to be performed, at any place in the city, other than at a fixed place of business, and who does, or does not, follow a fixed route or serve prospective purchasers in the city regularly or continuously.
"Zoning ordinance" and "building ordinance"means those ordinances adopted by the city for the use of land as defined in said ordinances and for the requirements of construction as defined in said ordinances. (See Titles 16 and 17 of this code.)
Home Occupations.For the purpose of this title, "home occupations" shall be defined as the same is defined in Title 17 of this code.
(Prior code § 14-5)