"Business"includes professions, trades, and occupations, and all and every kind of calling whether or not carried on for profit.
"City"means the city of El Cajon, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
Collector."License tax collector" shall mean the city tax collector, city clerk, or other city officer charged with the administration of Chapters
5.04 and
5.08.
"Gross receipts"shall include 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, 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. 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 property returned by purchasers upon rescission 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 collector with the names and addresses of the others and the amounts paid to them;
6. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.
Intercity Commerce.Any entity may be deemed to be in intercity commerce for purposes of this chapter whose gross receipts attributable to business within El Cajon do not exceed seventy-five percent of its total gross receipts.
"Peddler" or "solicitor"includes any person not having a regular established place of business within the city, and who goes from house to house, place to place, or person to person within the city, soliciting, offering for sale, or selling any goods, wares, services, advertising or merchandise of any nature. "Itinerant merchant" includes any person who engages in a temporary business of selling or delivering goods, wares, services, advertising or merchandise, and who in furtherance of such purpose, hires, leases or occupies any building, structure, motor vehicle, tent or public room in a motel or any street, alley or real estate within the city for the exhibition and sale of such items, services or advertising, including the securing of orders for future delivery only.
"Person"includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business, or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than as an employee.
"Rental Unit"includes a building or portion of a building designed for residential purposes, including a one-family, two-family and multiple-family dwelling, which is rented, leased or let in any manner for consideration. "Rental Unit" shall not include hotels and motels and other similar transient lodging establishments, mobile homes, or board and care facilities.
"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.
"Sworn statement"means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
(Prior code § 16-2; Ord. 4471, 05/09/95)