For the purposes of this title, the following words and phrases
shall have the meanings respectively ascribed to them by this chapter.
(Prior code § 7-1)
"Accessory massage" means a massage practice which is secondary and incidental to a primary use allowing the following businesses to offer accessory massages: health clubs, day spas, gyms, beauty salons, barber shops, chiropractor offices, physical therapy offices, medical doctor offices, hospitals and similar uses provided that the accessory massage shall be less than fifty percent of the floor area. Any change to this definition will change the definition of accessory massage in Chapter 18.08.
(Ord. 1184 § 2, 2008)
"Advertising by sound trucks" means and includes every person
operating the business of advertising by means of any vehicle containing
any amplifier, 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 grounds in the city.
(Prior code § 7-1)
"Ambulance driver" means any person who drives an ambulance
not pursuant to any contract with the city, in which is transported
any person needing medical attention, which person entered or was
placed in such ambulance at any location in the city.
(Prior code § 7-1)
"Ambulance operator" means any person who, for any monetary
or other consideration, or as an incident to any other occupation,
and not pursuant to any contracts with the city, transports in one
or more ambulances, one or more persons from any location in the city
to any hospital or other place giving first aid or medical treatment,
regardless of the location of such hospital or other place.
(Prior code § 7-1)
"Amusement device" means any device or machine operated by coins
for the purpose of amusement which does not require the use of any
physical or mental dexterity in the manipulation or operation of such
machine, and which does not vend merchandise or goods and is used
solely for the purpose of amusement and entertainment.
(Prior code § 7-1)
"Auction establishment" means a fixed place of business where
any goods, wares or merchandise are sold or offered for sale or trade
by public outcry or auction.
(Prior code § 7-1)
"Automobile repairer" means any person who manages, conducts
or runs an automobile repair shop.
(Prior code § 7-l)
"Auto repair shop" means:
A.
Any
place where motor vehicles of others are repaired for a charge;
B.
Any
place where the work of repairing motor vehicles is carried on as
an incident to the business of selling new or used motor vehicles,
or new or used motor vehicle parts, or as an incident to any other
traffic in motor vehicles or their parts or equipment.
(Prior code § 7-1)
"Auto wrecker" includes every person who buys any motor vehicle,
as the term "motor vehicle" is defined in the state Vehicle Code,
for the purpose of dismantling or disassembling, or who dismantles
or disassembles any such motor vehicle, whether for the purpose of
dealing in any of 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 materials of such motor vehicles.
(Prior code § 7-1)
"Bankrupt stock, bankrupt sales or closing-out sales" 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, closing out or closing business or special
sale of damaged goods, damaged by fire, water or otherwise.
Such term does not apply to sale of goods, which are actually
in good faith in the possession of the police department 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 such
business to close out the same.
Such exempt sales shall be certified to by the city clerk that
such sale is a bona fide sale held by an established licensee to conduct
such business in the city, and any inventory of merchandise to be
sold at such sale shall be furnished by the licensee to the city clerk
and the police department. 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 § 7-1)
"Public billiard and pool halls" means any place open to the
public where billiards, bagatelle or pool is played, or in which any
billiards, bagatelle or pool table is kept and persons are permitted
to play or do play thereon, whether any compensation or reward is
charged for the use of such table or not.
(Prior code § 7-1)
A.
"Business,
professions and trades" includes all kinds of vocations, occupations,
professions, enterprises, establishments and all other kind of activities
and matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for the purpose of earning
a profit or livelihood, whether or not a profit or livelihood is actually
earned thereby. "Business, professions and trades" includes, but is
not limited to, trades and occupations of every kind of calling carried
on within the city, salesmen, brokers, retailers, wholesalers, vendors,
suppliers, peddlers, professions, the renting or supplying of living
quarters or rooms or board, or both for six or more guests, tenants
or occupiers and any other type of endeavor entered into within the
city for the purpose of earning a livelihood or profit, whether paid
for in money, goods, labor or otherwise, and whether or not such business,
profession or trade has a fixed place of business in the city.
B.
Such
term does not apply to any person engaged in a business, profession
or trade solely as an employee of any other person conducting, managing
or carrying on any such business in this city, and where such other
person is subject to the terms and provisions of this title.
C.
The
term "retail" as contrasted to the terms "manufacturing," "processing"
or "wholesaling," as used in this title, refers to a business that
is primarily conducted for the purpose of retail trade. A single business
may contain both retailing and manufacturing, processing or wholesaling
factors. In such an event, a single business shall be treated as only
one business and shall be classified by the city clerk as either a
retail business or as a manufacturing, processing or wholesaling business,
depending on the primary purpose of such business.
(Prior code § 7-1)
"Café, food establishment, public eating place and hawker" means those businesses or occupations as defined in the county health code adopted by reference by Section 8.04.010. "Public eating place" also includes all places where sandwiches, lunches and food or drinks of any kind are prepared for sale or gift to the public, whether sold or given or consumed on the premises, and whether prepared or not.
(Prior code § 7-1)
An organization created by the state of California to regulate
massage therapy in California. They shall have the ability to give
state certification to practice massage pursuant to subdivision (c)
of Section 4601 of the California Business and Professions Code, and
to massage therapists pursuant to subdivision (b) of Section 4601
of the California Business and Professions Code or subdivision (a)
or (c) of Section 4604 of the California Business and Professions
Code.
(Ord. 1190 § 1, 2009)
"Carnival, circus and rodeo" means any place or amusement erected
or maintained for recreation, amusement or entertainment purposes
where the public is invited or allowed to assemble and where are exhibited
any feats of horsemanship, trained animals, clowns, acrobats or trapeze
performances or amusement devices, games or other forms of skill or
amusement as are commonly provided in circuses, rodeos or carnivals.
(Prior code § 7-1)
"Concessions" includes every person who rents, leases or otherwise
occupies floor space or ground space in a place where a business,
profession or trade is conducted within the city and where such floor
or ground space is occupied for the purpose of conducting a business,
profession or trade by such concessionaire and where such person pays
for space occupied on a cash rental, commission basis or otherwise.
(Prior code § 7-1)
"Consignment business" means a business where an agent offers
for sale products consigned by other parties. Said agent exclusively
sells the consigned products, collects the sales tax and maintains
operational control over the business premises. Consignors are typically
not present at the business premises.
(Ord. 994 § 1, 1993)
A "public dance hall" is a place where dancing is conducted,
whether for a profit or not, and to which the public is admitted,
either with or without charge, or at which the public is allowed to
participate in the dancing, either with or without charge.
(Prior code § 7-1)
"Teenage dance" means a nonprofit public dance or club dance
for minors between the ages of thirteen and nineteen years of age
to which no person twenty-one years of age or over, or under thirteen
years of age, is admitted as a participant.
(Prior code § 7-1)
"Drive-in or take-out restaurant" means any cafe, food establishment
or public eating place, as defined in this chapter, where food or
frozen dessert, or beverage or drink is delivered to, or served directly,
or sold to anyone for consumption on the premises, at tables or stands
in the open or unenclosed areas, or in any vehicles stopped, standing
or parked upon the premises, or in or upon any street, alley, land,
parking area or grounds immediately adjacent to such premises, or
for consumption off the premises.
(Prior code § 7-1)
"Employee" means all persons engaged in the operation or conduct
of any business, including any member of the owner's family, agent,
manager, solicitor and any other persons employed or working in such
business.
(Prior code § 7-1)
"Entertainment" means any act, play, burlesque show, revue,
pantomime, scene, song, dance act, song and dance act or fashion show
participated in by one or more employees, guests, customers or any
other person.
(Prior code § 7-1)
"Fortunetelling" means the occupation, calling or practice of
fortunetelling, numerology, astrology, palmistry, phrenology, life
reading, crystal gazing, hypnotism, mediumship, prophecy, augury,
divination or any like or allied practice which foretells or purports
or pretends to foretell future events or in the prophecy of the future,
for which a charge, price, fee or payment is charged, asked or received,
or any donation received or accepted; provided, that it shall not
include the activities of any religious organization, group, society
or denomination or of any church or functions of a religious nature.
(Ord. 856 § 1, 1987)
"Gross receipts" means all receipts, cash, credits and property
of any kind or nature, without any deduction therefrom, on account
of cost of labor or materials used, labor or service costs, losses,
reserves or other expenses or charges of any kind or nature whatever.
(Prior code § 7-1)
"Guard" means a person who guards property and who is not a
member of a private patrol system and who is employed exclusively
and regularly by one employer in connection with the affairs of such
employer only and where there exists an employer-employee relationship.
(Prior code § 7-1)
"House number painter" means any person engaged in the activity
of painting upon public curbs, streets, roadways, sidewalks or other
public property, house numbers or house addresses or other printed
or painted material.
(Prior code § 7-1)
"Junk collector" means a person engaged in the business, within
the city, of going from house to house or place to place gathering,
collecting, buying, selling or otherwise dealing in any old rags,
sacks, bottles, cans, papers, metals, furniture, appliances or other
articles commonly known as junk.
(Prior code § 7-1)
"Junk dealer" means a person not an auto wrecker engaged in
conducting, managing or carrying on the business of buying, selling
or otherwise dealing in either the wholesale or retail of any old
magazines, sacks, bottles, cans, papers, metals, including gold and
mercury, or other articles commonly known as junk.
(Prior code § 7-1)
"Land reclamation projects" means any operation, facility or
method for the disposal of rubbish or other materials by whatever
name such operation is known, including refuse disposal site, land
fill operation or dump, whereby refuse, rubbish or unwanted material
is disposed upon land.
(Prior code § 7-1)
"Locksmith" means any person whose business, trade or occupation,
in whole or in part, is the making, furnishing or duplicating of keys
for locks or similar devices, or who constructs or reconstructs or
repairs or adjusts locks, or who opens and closes locks for others
by mechanical means other than with the regular keys furnished for
that purpose by the manufacturer of the locks. Such term includes
persons who are not principally engaged in the locksmith business
but who duplicate keys for locks or similar devices.
(Prior code § 7-1)
"Machines and games of skills" means any machine or device operated
by a coin and requiring the use of physical or mental dexterity in
the manipulation or the operation of such machine, device or game.
(Prior code § 7-1)
"Massage" shall mean and include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or similar preparations. "Massage" shall further include any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rub, and Russian, Swedish or Turkish baths. Any change to this definition will change the definition of massage in Chapter 18.08.
(Ord. 1184 § 2, 2008)
Any business where any individual, firm, association, partnership,
corporation, or combination of individuals, engages in, conducts,
carries on, or permits to be engaged in or conducted, for money or
any other consideration, massage or health treatments involving massages
including, but not limited to, those businesses that provide massage
accessory to their principal permitted use, such as health clubs,
day spas, gyms, beauty salons, barber shops, chiropractor offices,
physical therapy offices, medical doctor offices, hospitals, and similar
uses.
(Ord. 1085 § 1, 1998; Ord. 1184 § 1, 2008)
"Massage technician" shall mean any person who administers to any persons, for any form of consideration or gratuity, a "massage" as defined in Section 5.08.292 of this chapter. A massage technician includes a student at a school of massage who administers a massage to any person who pays for or gives a gratuity for such, whether the payment of gratuity is to such student or to the school. A "recognized school" means any school or institution of learning, which school or institution of learning has been approved pursuant to Section 94311 of the Education Code of the state of California, and which has for its purpose the teaching of the theory, method, profession, practice or work of a massage technician.
(Ord. 1085 § 2, 1998)
"Patroller" means an individual engaged in the act of guarding
property as the owner, member or employee of a patrol system, whether
street patrol or private patrol system.
(Prior code § 7-1)
"Patrol system" means any street patrol system furnishing street
patrol service or street patrol officers, furnishing or purporting
to furnish to members or subscribers any watchman or guard, either
uniformed or otherwise, to patrol the streets of any city for the
purpose of guarding or watching any property or performing services
or acts customarily performed by the police department.
Such term does not include a private patrol operator or operator
of a private patrol system defined under Section 7521 of the Business
and Professions Code of the state as being one who agrees to furnish
or furnishes a watchman, guard, patroller or other person to protect
persons or property or to prevent the theft, unlawful taking, loss,
embezzlement, misappropriation or concealment of any goods, wares,
merchandise, money, bonds, stocks, notes, documents, papers or property
of any kind; or performs the service of such watchman, guard, patroller
or other person for any of such purposes, unless such acts are performed
as a part of a street patrol system or service.
Such term does not include a person employed exclusively and
regularly by one employer in connection with the affairs of such employer
only and where there exists an employer-employee relationship.
(Prior code § 7-1)
"Pawnbroker" means any person engaged in any one or more of
the following businesses:
A.
Pawnbroking;
B.
Lending
money for himself or any other person upon personal property, pawns
or pledges, in the possession of the lender;
C.
Purchasing
articles of personal property and reselling or agreeing to resell
such articles to the vendors or assignors at prices agreed upon at
or before the time of such purchases.
(Prior code § 7-1)
"Pawnshop" means any room, store, building or other place in
which the business of pawnbroker is engaged in, carried on or conducted.
(Prior code § 7-1)
"Public marketplaces and fairs" means any marketplace or fair,
open to the public, located on public property, sponsored by a nonprofit
organization, conducted more than three days annually, and may include
"for profit" vendors. This category shall not include swap meets or
flea markets.
(Ord. 1052 § 1, 1996)
"Rubbish, waste and garbage" means the business of collecting,
within the city, any garbage or waste or rubbish or refuse for reward
or consideration, or for anything of value. Such term shall include
garbage, waste, refuse, food-plant waste, market refuse, trash, rubbish,
offal, leaves, cuttings, trimmings, shrubs, grass, combustible rubbish,
inorganic refuse and other refuse, combustible or noncombustible,
as well as other waste matters placed with such person for the purpose
of collection and disposal.
Such term does not include householders hauling occasional loads
of waste or refuse or manure, not containing garbage, from their own
premises to a legal point of disposal; nor does the same apply to
the hauling or disposing of grass cuttings, prunings, manure or other
rubbish, not containing garbage, to or at a legal point of disposal
as part of gardening or horticulture.
(Prior code § 7-1)
"Secondhand dealer" means a person, other than a used car dealer,
who deals in secondhand books or magazines or is engaged in conducting,
managing or carrying on the business of buying, selling or otherwise
dealing in secondhand goods, wares and merchandise, not including
a person who does not sell or offer to sell secondhand goods, wares
or merchandise, except such as received by such person as payment
or part payment for new articles sold by him.
(Prior code § 7-1)
"Sightseeing recreational tours" means any motorized or nonmotorized
apparatus utilized for the purpose of providing "for hire" transportation
services within a defined geographical area for the primary purpose
of providing entertainment by means of the mode of transportation
or sightseeing.
A.
Such
apparatus shall include, but not be limited to, horse-drawn wagons,
carriages, stagecoach, sleigh, car, pedicab or similar nonmotorized
animal- or human-powered device; or motorized bus, cart, trolley or
similar self-propelled vehicle.
B.
For
the purposes of this section, "for hire" means the acceptance of the
operator to provide sightseeing recreational tour services in which
passengers are solicited or accepted for hire at rates which include,
but are not limited to, per mile, per trip, per hour, per event, or
other period of time either at an established location or elsewhere
in the city.
(Ord. 1014 § 1, 1994)
"Soliciting" means any person engaged in the business of going
from house to house, or place to place, other than commercial business
houses, or at, on or along the public streets, sidewalks or public
places, selling or taking orders for, or offering to sell or take
orders for, goods, or for services to be performed in the future,
or for things of value to be delivered in the future, or performing
services which require further development, consummation or completion
elsewhere than at the place where performed.
(Prior code § 7-1)
"Sound amplifying equipment" means any vehicle or device for
the amplification of the human voice, music or any other sound. Such
term shall not be construed as including standard automobile radios
when used and heard only by occupants of the vehicle in which installed,
or warning devices on authorized emergency vehicles, or horns or other
warning devices on other vehicles used only for traffic safety purposes.
(Prior code § 7-1)
"Sound trucks" means any motor vehicle, horse-drawn vehicle
or other vehicle having mounted thereon, or attached thereto, any
sound amplifying equipment.
(Prior code § 7-1)
"Taxicab" means a motor vehicle, as that term is defined in
the Vehicle Code of the state, used for the transportation of passengers
for hire, when driven by the owner or by an agent of the owner at
rates per mile, per trip, per hour, per day, per week, per month or
per other period of time, which vehicle is routed under the direction
of the passengers or other persons hiring such vehicle.
(Prior code § 7-1)
"Taxicab driver" means an individual who drives or operates
a taxicab in which passengers are solicited or accepts for hire, either
at a taxicab stand or elsewhere in the city.
(Prior code § 7-1)
"Taxicab operator" means a person engaged in the business of
running, driving or operating one or more taxicabs and soliciting
or accepting passengers for hire in such taxicabs, either at a taxicab
stand or elsewhere, within the city.
(Prior code § 7-1)
"Theater" means 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. Such
term also includes any place containing a permanent stage upon which
movable scenery or theatrical appliances are used, where musical,
theatrical or vaudeville or similar performances are given to either
private patrons or guests or to public assemblages and where no other
form of service is supplied to such private patrons, guests or public
patrons or guests.
(Prior code § 7-1)
"Vending machine" means any machine vending merchandise, wares,
edibles or liquids, whether bottled or otherwise, where operated by
inserting coins therein.
(Prior code § 7-1)
