For the purposes of this chapter, unless otherwise apparent from the context or unless otherwise specifically defined and a different meaning is more particularly directed, certain words and phrases used in this chapter are defined as follows:
shall mean the first day of the month in which the business was commenced originally, for businesses holding licenses issued prior to January 1, 1987, or the month in which a license is issued on or after January 1, 1987, for a business which has not previously had a business license.
means and includes all kinds of vocations, occupations, professions, trades, exhibitions, shows, enterprises, and establishments and all other kinds of activities and means of livelihood, whether or not carried on for profit or gain.
for the payment of the business license fee, shall mean the first day of the month following the anniversary date.
shall mean the date for the payment of the business license fee, which date is the anniversary date.
means and includes 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, or salesman, and all other persons employed or working in such business.
except as otherwise specifically provided in this chapter, means and includes the gross receipts for the tax period and includes the total amount of the sales price of all sales and the total amount charged or received 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 part of, or in connection with, the sale of materials, goods, wares, or merchandise. "Gross receipts" also includes 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.
A business established outside the City, but maintaining a branch office within the City, or doing business within the City through an agent, broker, or employee, shall report as gross receipts its total sales or receipts attributable to the local branch office, local agent, broker, or employee. |
In the event separate sales or receipt records are not maintained for such branch office, local agent, broker, or employee, or that the business of such branch office, agent, broker, or employee within the City is that of performing essentially administrative functions in connection with sales or services performed or rendered elsewhere, the business tax shall be based on an annual amount equivalent to the volume of business which shall be computed by multiplying the annual cost of maintaining such branch office, agent, broker, or employee by five. Such total cost of maintaining such local branch office, agent, broker, or employee shall include, but not be limited to, wages, salaries, commissions, bonuses, office rent, telephone, postage, utilities, janitorial, and other operating expenses allocated for the maintenance of such branch office, agent, broker, or employee. |
Excluded from "gross receipts" shall be cash discounts allowed and taken on sales, credit allowed on property accepted as part of the purchase and which may later be sold, any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser, such part of the sale price of property returned by purchasers upon the rescission of the contract of sale as is refunded either in cash or by credit, and amounts collected for others where the business is acting as agent or trustee to the extent that such amounts are paid to those for whom the amounts are collected. |
does not include:
Receipts from a trade, calling, occupation, vocation, profession, or other means of livelihood which the City is prohibited from taxing under the Constitution or laws of the United States or under the Constitution or laws of the State;
Receipts of community chests, funds, foundations, and corporations organized and operated for religious, hospital, or charitable purposes not conducted for profit and no part of the net earnings of which inures to the benefit of any private shareholder, individual, or person;
Receipts of nonprofit educational institutions of collegiate grade incorporated as colleges or seminaries under the laws of the State, which institutions require for regular admission the completion of a four year high school course, or its equivalent and which confer upon their graduates at least one academic or professional degree based on a course of at least four years in liberal arts and sciences or on a course of at least three years in professional studies, such as law, theology, education, medicine, pharmacy, architecture, fine arts, commerce, or journalism; receipts of nonprofit secondary schools which are duly accredited by the University of California; and receipts of nonprofit elementary full-time day schools in which instruction is given in the first through eighth grades in the several branches of studies required to be taught in the public schools of the State;
Receipts of community service organizations, trade associations, labor organizations, and credit unions; and
Receipts of persons acting as agents or brokers whose compensation is fixed on a commission of fee basis, other than such commission or fee.
The use of the title of any officer, employee, office, or law shall mean such officer, employee, office, or law of the City unless otherwise specifically designated.
shall mean and include any person, whether or not a resident of the City, who goes from house to house, place to place, or street to street for the purpose of selling, contracting, soliciting for sale, taking orders for, or offering to sell or take orders for, anything of value or services to be performed or furnished, or who makes demonstrations for such purpose and at retail, or who for such purpose, not intended to continue for more than 60 days, hires or occupies any building or structure, or portion thereof, within the City, or who so temporarily associates with or conducts such temporary business in connection with, as part of, or in the name of any local dealer, merchant, or auctioneer.
"Peddling" shall also mean and include any person who passes out commercial handbills or similar papers, or who engages in any taking of surveys for commercial purposes, on City sidewalks or streets. |
"Peddling" shall not mean and include the delivery of anything of value or service rendered by any person engaged in such business at a fixed place of business in the City if the order for the same was placed by the buyer at such fixed place of business prior to such delivery or service. |
shall mean and include any firm, corporation, association, syndicate, joint stock corporation, joint venture, copartnership of every kind, receiver, club, estate, trust, society, and individual transacting, carrying on, or engaged in any business, as defined in this section, in the City, whether acting as principal, agent, clerk, factor, employee, servant, or personal representative either for or on behalf of himself or herself or for any other person, as defined in this subsection.
shall mean and include a sale for any purpose, other than resale, in the regular course of business and the serving or supplying of meals and refreshments for compensation.
shall mean, include, and refer to the making of any transfer of title in any manner or by any means whatsoever of tangible personal property for a price and the serving, supplying, or furnishing for a price of any tangible personal properly fabricated or made at the special order of consumers who do or who do not furnish, directly or indirectly, the specifications therefor. A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price shall be deemed a sale. The provisions of this subsection shall not be deemed to exclude any transaction which is, or which in effect results in, a sale within the contemplation of law.
shall mean any laundry where a majority of the manual operations is performed by the patrons or customers.
shall mean a period of 12 months following the anniversary date.
Words and phrases used in this chapter which are not specifically defined in this section shall be construed according to the context and approved use of the language.
shall mean a sale of goods, wares, merchandise, or anything of value or suitable for use for the purpose of resale in the regular course of business.
(§ XXIII A, Ord. 1440, as amended by § 1, Ord. 97-NS, eff. January 16, 1974; §§ 1 and 2, Ord. 415-NS, eff. January 1, 1987; and § 1, Ord. 573-NS, eff. May 1, 1996)