Chapter 5.04
INTRODUCTORY PROVISIONS AND DEFINITIONS

Article I
In General

Sections:

5.04.010    Definitions.

5.04.020    Rules of construction.

Article I
In General

5.04.010 Definitions.

For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Arcade” means one general enclosure in which is conducted the business of operating or exhibiting any phonograph, graphophones, kinetoscope, biograph, projectoscope or any other instrument or machine of like character, or exhibiting, showing or letting the use of any microscope, lung testor, muscle testor, galvanic battery, weighing machine or similar machine of like character, or letting the use of coin machines, simulating the playing of soccer, baseball, basketball, boxing and similar games.

“Auto Parking Lot.” The business of conducting an “auto parking lot” includes the rental of vehicle parking spaces, but shall not include the providing of parking spaces for vehicles in connection with the business of a new or used car auto dealer for the storage of his or her vehicles, and shall not include the maintenance of parking spaces for the benefit and use of customers, clients or patrons of a business, profession or vocation licensed under this title.

“Auto wrecking business” means the business of buying, selling or trading in secondhand, used or wrecked vehicles or vessels and reselling the parts thereof for use in, or the building of vehicles or vessels from the salvaged parts of vehicles or vessels, or the wrecking or salvaging of vehicles or vessels on a contract basis.

“Average number of employees” means the average number of employees employed in the applicant’s business for the twelve (12) month period ending December 31st next preceding the date of application; provided, however, part-time employees shall be counted as a fractional part of one employee based upon the number of hours worked per a twelve (12) month period divided by two thousand (2,000) hours. If the applicant is commencing business, the average number of employees for the remainder of the year shall be estimated by the city clerk on the basis of applying the foregoing rules to information furnished by the applicant.

“Business” means professions, trades and occupations and all and every kind of calling carried on for profit or livelihood.

“Carnival” means a collection of six or more shows, exhibitions, feats of strength, merchandise booths, games of skill, games of chance, wheels of fortune or amusement concessions presented or offered upon the streets or vacant property within the city.

“City” means the area within the territorial city limits of the city of St. Helena.

“City clerk” means the city clerk of the city of St. Helena.

“Contractor” means a person licensed by the state as a contractor and who in any capacity, other than as an employee of another for compensation, undertakes, offers to undertake or purports to have the capacity to undertake or submits a bid to perform contractual services. Each contractor shall furnish to the city his or her state contractor’s license number which shall be shown on the face of the license.

“Council” means the city council of the city of St. Helena.

“Employee” means each person engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.

“Fire and bankrupt sales” include the management, conduct or carrying on of a sale of goods damaged by fire or water, or a bankruptcy, but shall not include official sales conducted by an officer of the federal or state government or any subdivision thereof when acting pursuant to his or her official duties.

“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. A fixed place of business must be located in a proper zone under the zoning ordinance.

“Itinerant vendor or photographer” means and includes all persons, both principal and agent, who engage in a temporary or transient business in the city of selling goods, wares, merchandise or photographs, or taking, soliciting or securing orders for the sale of goods, wares, merchandise or photographs with the intention of continuing such business in the city for a period of not more than one hundred twenty (120) days, and who for the purpose of carrying on such business hires, leases or occupies any room, building or structure for the exhibition or sale of such goods, wares or merchandise, or the taking of such photographs and the person or firm so engaged shall not be relieved from the provisions of this title providing for license fees, by reason of associating temporarily with any local dealer, trader or merchant, or by conducting such temporary or transient business in connection with, or as part of, or in the name of, any local dealer, trader or merchant. Itinerant vendor shall not apply to commercial travellers or selling agents, selling their goods to dealers, whether selling for present or future delivery by samples or otherwise, or to hawkers on the streets or peddlers from vehicles, nor to persons selling fruit, vegetables, butter, eggs or other farm or ranch products.

“Junk dealer” means any person having a fixed place of business within the city, who buys or sells either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals or other articles of junk.

“Lockboxes” includes boxes for the storage of property, operated by the insertion of coins.

“Manufacturer” or “processor” means the business of making raw or partially finished materials into wares suitable for use and the processing and mixture of materials such as feed mixes, the processing and picking of poultry, the candling and cleaning of eggs and processing of grapes into wine.

“New business” means a business commencing operations.

“Peddler” means any person engaged in the business of peddling, selling or offering for sale goods, wares or merchandise, either by going from place to place with such property for the purpose of selling or offering the same for sale in or along any street, upon or along any sidewalk or parkway, or in any doorway or entrance way of any building, or upon any unenclosed lot or parcel of land.

Peddlers shall not include veterans who satisfy the requirements of the Business and Professions Code Section 16001.

The license required under this title for peddlers shall be in addition to any license payable for any business conducted by the applicant for the license.

“Persons” means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs and individuals transacting and carrying on any business, profession, trade, calling or occupation in the city.

“Police chief” means the police chief of the city.

“Rental unit” means an apartment in the case of apartment houses, a room in the case of a rooming house, hotel or motel, and a trailer space in the case of a trailer camp.

“Retail business” means every business conducted for the purpose of selling, or offering to sell, any goods, wares or merchandise other than as a part of a wholesale business or jobbing business.

“Solicitors” includes all persons engaged in the canvassing or taking orders, from house to house or from place to place in the city, for the sale of goods, wares or merchandise or any other article to be delivered in the future, or for services to be performed or for the manufacture, maintenance, servicing or repairing of any article, but shall not include any person pursuing a wholesale business who has paid a license fee therefor under this title. The license required under this title for solicitors shall be in addition to any license payable for any business conducted by the applicant for the license.

“Unlicensed independent contractor” means a person not licensed by the state as a contractor and who, in any capacity other than as an employee of another, for compensation, undertakes to perform contractual services.

“Vending machines” includes machines for the vending of goods, wares or merchandise, including gum, foodstuff, candy, potable drinks, cigarettes and stamps, by the insertion of coins and tokens for the operation thereof.

“Wholesale business” means every business conducted solely for the purpose of selling goods, wares, merchandise or services in wholesale lots to retailers or other business establishments. (Prior code § 9.1 (part))

5.04.020 Rules of construction.

A.    “Shall and may.” As used in this title, “shall” is mandatory and “may” is permissive.

B.    “Singular, Plural, Masculine and Feminine.” Whenever the singular is used, it also includes the plural; and whenever the masculine is used, it also includes the feminine. (Prior code § 9.1 (part))