Chapter 5.04 DEFINITIONS

For the purpose of the business license law, the following terms, phrases, and words, and their derivations, shall have the meanings given in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. (Prior code § 6201).

5.04.020 Ambulance driver.

“Ambulance driver” means any person who, not pursuant to any contract with the city, drives an ambulance in which is transported any person needing medical attention, which person entered or was placed in the ambulance at any location in the city. (Prior code § 6204.2).

5.04.030 Ambulance operator.

“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 contract 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 § 6204.1).

5.04.040 Amusement arcade.

“Amusement arcade” means any place or public resort where five or more coin or token operated amusement machines are maintained; or where one or more motion picture, peepshow or similar contrivance designed to show film or video tape is maintained, and for which any charge, consideration, or payment is required. (Ord. 465 § 1, 1983; prior code § 6204.37).

5.04.050 Amusement device or machine.

A. “Amusement device or machine” includes any device or machine, operated by coin or token for the purpose of amusement, the manipulation or operation of and which does not vend merchandise or goods, and is used solely for the purpose of amusement and entertainment.

B. Amusement and kiddie rides which are coin or token operated, including merry-go-rounds, ferris wheels, slides, swings, boat rides, airplanes, trains, automobiles, and other similar coin or token operated amusement rides, shall not be considered within the definition of coin or token operated amusement devices. (Ord. 465 § 2, 1983; prior code §§ 6204.33, 6204.35).

5.04.060 Amusement games and booths.

“Amusement games and booths” includes every person managing or carrying on an amusement game, ride, or booth by charging or receiving a gratuity or consideration from the public for the use thereof, including every person managing or carrying on a shooting gallery, marksmanship contest, dart game, archery, ball throwing, ring tossing, ferris wheel, loop-the-loop, roller coaster, or other similar type of amusement booth or ride which is not defined under BGMC 5.04.050(B). (Prior code § 6204.36).

5.04.070 Auction establishment.

“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 § 6204.6).

5.04.080 Automobile repairer.

“Automobile repairer” means any person who manages, conducts or runs a vehicle repair shop. (Prior code § 6204.3).

5.04.090 Auto wrecker.

“Auto wrecker” means 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 § 6204.4).

5.04.100 Bankrupt stock, bankrupt sales, or closing-out sales business.

The “bankrupt stock, bankrupt sales, or closing-out sales business” 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 a special sale of damaged goods, damaged by fire, water, or otherwise; provided, however, that this section shall not apply to the sale of goods, which are actually in good faith in the possession of the law enforcement officers of the city or the trustee in a bankruptcy, or in the possession of any court of the state or of the United States; or 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 said business to close out the same; except that such sale provided for in this section shall be certified by the city manager as being a bona fide sale held by an established licensee to conduct such business in the city; provided, further, that any inventory of merchandise to be sold at such sale shall be furnished by the licensee to the city manager and the sheriff; and provided, further, that 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 § 6204.7).

5.04.110 Billiard room or hall, or poolroom or hall, public.

“Public billiard room, or hall, or poolroom or hall” 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 § 6204.8).

5.04.120 Businesses, professions and trades.

A. “Businesses, professions and trades,” as used in this title, includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters which are conducted for the purpose of earning a profit or livelihood, together with all devices, machines, vehicles, and appurtenances used therein, whether or not a profit or livelihood is actually earned thereby. “Businesses, professions and trades” shall include, but not be limited to, trades and occupations of all and every kind or 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; or 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 said business, profession or trade has a fixed place of business in the city.

B. The term “businesses, professions and trades” shall 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 where such other person is subject to the terms and provisions of the business license law. (Prior code § 6202(a), (c)).

5.04.130 Cafe, food establishment, public eating place or hawker.

“Cafe, food establishment, public eating place, or hawker” means those businesses or occupations as defined in BGMC Title 16. “Public eating place” also includes all places where sandwiches, lunches, and food or drinks of any and all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises, whether prepared or not. (Prior code § 6204.11).

5.04.140 Carnival, circus and rodeo.

“Carnival, circus, and rodeo” includes any place of 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 such other forms of skill or amusement as are commonly provided in circuses or rodeos or carnivals. (Prior code § 6204.12).

5.04.150 Concession.

“Concession” means 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 said floor or ground space is occupied for the purpose of conducting a business, profession, or trade by said concessionaire, and where said person pays for said space occupied on a cash rental or commission basis or otherwise. (Prior code § 6204.13).

5.04.160 Dance club.

“Dance club” means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month. (Prior code § 6204.15).

5.04.170 Dancehall, public.

“Public dancehall” means 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 § 6204.15).

5.04.180 Dance, teenage.

“Teenage dance” means a nonprofit public dance or club dance for minors between 13 and 19 years of age, to which no person 21 years of age or over or under 13 years of age is admitted as a participant. (Prior code § 6204.15).

5.04.190 Employee.

“Employee” means all persons engaged in the operation or conduct of any business, and includes any member of the owner’s family, agent, manager, solicitor, and any and all other persons employed or working in said business. (Prior code § 6204.16).

5.04.200 Entertainment.

“Entertainment” means any act, play, burlesque show, revue, pantomime, scene, song, dance act or song-and-dance act, participated in by one or more employees, guests, customers, or any other person or persons. (Prior code § 6204.17).

5.04.210 Growth center.

A “growth center” is any place where two or more persons, not all members of the same family, congregate, assemble, or associate in the nude. For purposes of this section, “in the nude” means completely without clothing or covering, or with partial clothing or covering but with any pubic area exposed, or with any portion of the crease of the buttocks exposed.

The term “growth center” does not include any conduct described in this section carried on in a duly licensed theater or concert hall in the course of a theatrical or concert presentation, nor does it include any assembly of persons in a private home if such private home is not customarily used for the activities described in this section. (Ord. 250 § 1, 1970; prior code § 6204.23(b)).

5.04.220 Guard.

“Guard” is a person who guards property who is not a member of a private patrol system or a 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 § 6204.23(a)).

5.04.230 House number painter.

“House number painter,” as used in this title, means any individual, firm or corporation, or organization 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 § 6204.18).

5.04.240 Junk collector.

“Junk collector” means a person engaged in the business of going from house to house or place to place, within the city, 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 § 6204.19).

5.04.250 Junk dealer.

“Junk dealer” means a person, not including an auto wrecker, engaged in conducting, managing, or carrying on within the city the business of buying, selling, or otherwise dealing in any old magazines, sacks, bottles, cans, papers, metals including gold and mercury, or other articles commonly known as junk, either wholesale or retail. (Prior code § 6204.20).

5.04.260 Locksmith.

“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, reconstructs, 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. The definition of “locksmith,” for the purpose of the business license law, includes persons who are not principally engaged in the locksmith business, as defined in this section, but who duplicate keys for locks or similar devices. (Prior code § 6204.21).

5.04.270 Machines and games of skill.

“Machines and games of skill” includes any machine or device, operated by a coin or token, the operation of which requires the use of physical or mental dexterity. (Ord. 465 § 3, 1983; prior code § 6204.34).

5.04.280 Patrolman.

“Patrolman” means an individual engaged in the act of guarding property as the owner, member, or employee of a patrol system whether a street patrol or a private patrol system. (Prior code § 6204.23).

5.04.290 Patrol system.

A. “Patrol system,” as used in this title, means any street patrol system furnishing street patrol service or street patrol officers, referred to in this section as patrolmen, or furnishing or purporting to furnish to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol the streets of the city for the purpose of guarding or watching any property, or performing services or acts customarily performed by the law enforcement agency.

B. The definition of “patrol system” does not include a private patrol operator or the operator of a private patrol system, defined under Section 7521 of the Business and Professions Code of the state as one who agrees to furnish or furnishes a watchman, guard, patrolman, 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 who performs the service of such watchman, guard, patrolman, or other person for any of said purposes, unless said acts are performed as a part of a street patrol system or service defined in this section.

C. The definition of “patrol system” contained in this section 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 § 6204.22).

5.04.300 Pawnbroker.

“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 assignees at prices agreed upon at or before the time of such purchases. (Prior code § 6204.24).

5.04.310 Pawnshop.

A “pawnshop” is any room, store, building, or other place in which the business of pawnbroking is engaged in, carried on, or conducted. (Prior code § 6204.25).

5.04.320 Person.

“Person,” as used in the business license law, includes individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations, or any officers, agents, employees, factors, or any kind of personal representative of any of them, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law. (Prior code § 6203).

5.04.330 Retail.

The term “retail,” as contrasted to the terms “manufacturing,” “processing,” or “wholesaling,” as used in the business license law, refers to a business that is primarily conducted for the purpose of retail trade. A single business may contain both retailing and manufacturing, or 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 manager as either a retail business or as a manufacturing, processing, or wholesaling business, depending on the primary purpose of said business. (Ord. 316 § 12, 1973; prior code § 6202(d)).

5.04.340 Rubbish, waste, and garbage business.

Repealed by Ord. 680. (Prior code § 6204.26).

5.04.350 Secondhand dealer.

“Secondhand dealer” means a person, other than a used car dealer or dealers, who deals in secondhand books, magazines, or is engaged in conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in secondhand goods, wares, and merchandise, but does not include a person who does not sell or offer to sell secondhand goods, wares, or merchandise, except those received by such person as payment or partial payment for new articles sold by him. (Prior code § 6204.27).

5.04.355 Sidewalk vendor.

“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon public streets, public rights-of-way, or public property. (Ord. 914 § 3, 2021).

5.04.360 Soliciting.

“Soliciting” includes any person, firm, or corporation 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 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 § 6204.28).

5.04.370 Sound truck.

“Sound truck,” as used in this title, means any motor vehicle, horse-drawn vehicle, or other vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment. The term “sound-amplifying equipment,” as used in this section, means any vehicle or device for the amplification of the human voice, music, or any other sound. It 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 § 6204.29).

5.04.380 Sound truck, advertising by.

“Advertising by sound truck” includes every person operating the business of advertising by means of any vehicle containing an amplifier, phonograph, loud speaker, microphone, broadcasting radio, or any 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 § 6204.5).

5.04.385 Street vendor.

Repealed by Ord. 914. (Ord. 522 § 1, 1986).

5.04.390 Taxicab.

“Taxicab” means any motor vehicle, as that term is defined in the Vehicle Code, used for the transportation of passengers for hire, when driven by the owner or by an agent of the owner, charging 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. “Taxicab” includes vans and private buses used for transportation of passengers for hire. (Ord. 465 § 4, 1983; prior code § 6204.30).

5.04.400 Taxicab driver.

“Taxicab driver” means an individual who drives or operates a taxicab in which passengers are solicited or accepted for hire, either at a taxicab stand or elsewhere in the city. (Prior code § 6204.30).

5.04.410 Taxicab operator.

“Taxicab operator” means a person engaged in the business of running, driving, or operating one or more taxicabs, and soliciting or accepting passengers in such taxicab or taxicabs for hire, either at a taxicab stand or elsewhere within the city. (Prior code § 6204.30).

5.04.420 Theater.

“Theater” means any place containing a stage or other place upon which fixed or movable scenery or theatrical appliances are used, or where musical, theatrical, vaudeville, or similar performances are given, either to private patrons or guests, or to public assemblages, and where the theatrical or vaudeville show or review is the primary or principal attraction of said place. (Prior code § 6204.31).

5.04.430 Theater or place displaying moving, motion, or still pictures.

“Theater or place displaying moving, motion, or still pictures,” as defined in this section, is any theater, drive-in theater, bar, restaurant, cafe, coffee shop, drive-in restaurant, cabaret, club, beer garden, beer hall, hotel, motel, dance hall, or dance studio where motion or still pictures are shown by projection through electrical or mechanical means for the display or view of the public guests or patrons, and for which a fee is charged or collected or received, or which is an attraction or inducement to enter or remain in any such place, whether or not the main or principal attraction of such place, excepting, however, the following:

A. The display of such film in a private residence for the occupants or guests thereof;

B. The occasional and incidental display of such film by any group or organization formed for educational, civic, fraternal, religious, veteran, or charitable purposes at any meeting thereof for the entertainment or education of members or guests;

C. The occasional and incidental display of such film by any governmental, educational, industrial, manufacturing, business, or scientific establishment or group at any meeting thereof for the entertainment, education, or training of employees, members, or guests;

D. The display of such film by means of television transmission under license, franchise, or regulation of federal, state, or local government;

E. “Occasional and incidental,” as used in this section, refers to the use or display of such film by an organization for members, employees, and guests in connection with, and only incidental to, the other purposes of said organization, and where the use of the film is not so regulated as to require for the protection of the public health, safety and welfare, such regulations as are provided in subsection (D) of this section. (Prior code § 6204.31a).

5.04.440 Vehicle repair shop.

“Vehicle repair shop” means:

A. Any place where the motor vehicles of others are repaired for a charge;

B. Any place where the work of repairing motor vehicles is carried on as an incidental activity to the business of selling new or used motor vehicles, or new or used motor vehicle parts, or as an incidental activity to any other traffic in motor vehicles or their parts or equipment. (Prior code § 6204.3).

5.04.450 Vending machine.

A “vending machine” means and includes any machine vending merchandise, wares, edibles, or liquids, whether bottled or otherwise, which is operated by inserting therein a coin or coins. (Prior code § 6204.32).