The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context:
A. "Business," "occupation" or "pursuit"
means and includes all home occupations, wholesalers, retailers, service providers, towing operators, peddlers, canvassers, solicitors, for-hire vehicles, limousine services, pawnbrokers, secondhand dealers and junk dealers engaged in business with the object of economic gain, benefit or advantage to the person, firm or corporation, or to another person or class, directly or indirectly, whether part-time or full-time, whether resident or nonresident except those businesses or activities for which licenses of franchises are required by any other chapter or section of the Yelm Municipal Code as now or hereafter enacted or amended.
B. "Canvasser," "peddler," or "solicitor"
is defined as solicitor.
D. "Corporation."
See "Person."
E. "Director"
means the finance director of the city of Yelm.
F. "Driver" and "operator"
mean the person physically engaged in driving a for-hire vehicle, whether or not the person is the owner of or has any financial interest in the vehicle.
G. "Direct fundraising basis"
means any organization who collects funds which are directly applied or spent supporting their mission. No funds collected are used to pay employees, shareholders or directors.
H. "Engage in business"
means commence, conduct, or continue in business, and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
J. "For-hire vehicle"
includes all vehicles used for the transportation of passengers for compensation, except chartered and scheduled buses, vehicles not for hire by the general public such as vans operated by hotels, employers, churches, schools and retirement facilities and ride share vehicles. The term primarily includes taxicabs and limousines.
K. "Limousine"
means a chauffeur-driven, unmetered, unmarked luxury motor vehicle prearranged for transportation meeting the definition in RCW 46.04.274. Limousines differ from "taxis" in that they are for the exclusive use of the person(s) paying the prearranged fare, are unmetered, unmarked, and are not available for spontaneous hire.
M. "Occupational permit"
is an additional requirement for certain businesses performing occupations, that by their nature present a heightened public safety risk, including: for-hire vehicle driver, locksmith, or solicitor.
N. "Operator."
See "Driver."
O. "Peddler."
See "Solicitor."
P. "Person"
means any natural person of any gender, firms, corporations, partnerships or associations either acting by themselves or by servant, agent or employee. The singular shall include the plural.
Q. "Person," "firm," or "corporation,"
used interchangeably in this chapter, means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, corporation, association, canvasser, peddler, solicitor, society, or any group of individuals acting as a unit, whether mutual cooperative, fraternal, nonprofit or otherwise, and includes the United States or any instrumentality thereof for whom a valid business license may be required therefrom under the provisions of this chapter.
R. "Pursuit."
See "Business."
S. "Solicitor"
within the meaning of this chapter is any person who, either as a principal or agent, goes from door to door or from place to place and enters upon any private property within the city and thereon engages in any of the following activities:
1.
Sells, takes orders for, or offers to sell or take orders for any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and/or
2.
Sells, takes orders for, or offers to sell or take orders for services, whether or not collecting in advance for the performance of such services; and/or
3.
Sells, takes orders for, or offers to sell or take orders for the making, manufacturing, or repairing of any article or thing whatsoever, whether or not collecting in advance for the performance of such services; and/or
4.
Seeks contribution or donations.
T. "Towing operator"
is anyone engaged in the business of offering towing service by use of a vehicle wrecker or by a vehicle adapted to that purpose, whereby motor vehicles are towed or are otherwise removed from the place where they are disabled.
U. "Home occupation"
means any activity conducted for financial gain or profit in a dwelling unit, and which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed; such activity is clearly incidental or secondary to the residential use of a dwelling unit; and is conducted only by persons residing in the dwelling unit; provided, however, that neither the conduct of a "garage sale" nor the operation of a "family day-care home" is defined as a home occupation.
(Ord. 820 § 3, 2004; Ord. 953 § 1, 2012; Ord. 996 § 2, 2015; Ord. 1046 § 1, 2018; Ord. 1109 § 1 (Exh. A), 2023)