Chapter 5.04


5.04.010    Generally.

5.04.020    Branch establishment.

5.04.030    Conduct – Carry on.

5.04.040    Contractor.

5.04.050    Department store.

5.04.060    Employee.

5.04.070    Evidence of doing business.

5.04.080    Fixed place of business.

5.04.090    Gross receipts.

5.04.100    House.

5.04.110    Identification symbol.

5.04.120    Investigation.

5.04.130    Out-of-town.

5.04.140    Person.

5.04.150    Place.

5.04.160    Selling.

5.04.170    Subcontractors.

5.04.180    Sworn statement.

Prior legislation: Ords. 399, 726 and 911.

5.04.010 Generally.

For the purpose of this chapter, the following definitions are adopted and made a part hereof. [Ord. 1001 § 2, 1995].

5.04.020 Branch establishment.

“Branch establishment” means a subdivision of business enterprise not under the same roof or connected by land or structure. [Ord. 1001 § 2, 1995].

5.04.030 Conduct – Carry on.

“Conduct” or “carry on” means and includes engaging in, carrying on, owning, maintaining, managing or operating any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in the City. [Ord. 1001 § 2, 1995].

5.04.040 Contractor.

“Contractor” means every person who for either a fixed sum, price, fee, percentage or other compensation, other than wages, undertakes with another to conduct, alter, repair, add to or improve any building, highway, road, excavation or other structure, project development or improvement other than to personal property (but not including anyone who merely furnished materials or supplies without fabricating the same into, or consuming the same in the performance of, the work of the contractor as herein defined). [Ord. 1001 § 2, 1995].

5.04.050 Department store.

“Department store” means a place of business where, within the same room or building, one person sells or offers for sale more than three classes of goods or commodities, such as clothing, hats, shoes, rugs, carpets, millinery, dry goods, hardware, furniture, paints, oils and paint supplies, crockery and glassware and other articles. [Ord. 1001 § 2, 1995].

5.04.060 Employee.

“Employee” means 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, and any and all other persons employed or working in said business. [Ord. 1001 § 2, 1995].

5.04.070 Evidence of doing business.

When any person shall by use of signs, circulars, cards, telephone books or newspapers, advertise, hold out, or represent that such person is conducting business in the City; or when any person holds an active license or permit issued by a government agency indicating that such person is in business in the City, and such person fails to deny by a sworn statement given to the City that such person is not conducting business within the City, after being requested to do so by the City, then such facts shall be considered prima facie evidence that such person is conducting a business in the City. [Ord. 1001 § 2, 1995].

5.04.080 Fixed place of business.

“Fixed place of business” means and includes the place at which the principal tools, equipment or machinery used by any person are customarily stored or located while not in use in the City or at which is maintained the principal stock of materials or supplies and the books and records used by any person in work in the City. [Ord. 1001 § 2, 1995].

5.04.090 Gross receipts.

“Gross receipts” (except as otherwise specifically provided) means the gross receipts of the calendar year, and is defined as follows:

The total amount of the sales price of all sales, total amount charged or received, including commissions and excluding discounts, and sales tax for the performance of any act or employment, whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sales of goods, wares, merchandise, or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of every kind or nature and amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of materials used, labor or service cost, interest paid or payable, losses or other expenses whatsoever. [Ord. 1001 § 2, 1995].

5.04.100 House.

“House” means any room, trailer or building used for dwelling purposes and shall not include any room, rooms, building or buildings or places which are licensed for business activities under and pursuant to Chapters 5.08 through 5.32 LEMC. [Ord. 1001 § 2, 1995].

5.04.110 Identification symbol.

Whenever an identifying sticker, tag, plate, or symbol has been issued for a vehicle, device, machine, or other piece of equipment included in the measure of a license tax, the person to whom such sticker, tag, plate, or symbol has been issued shall firmly affix such upon each such vehicle, device, machine, or piece of equipment and keep it affixed at such place as designated by the City during the period for which the sticker, tag, plate, or symbol is issued. It is unlawful for any person to fail to comply with the provisions of this section.

No person shall give away, sell, or transfer to another person any identifying sticker, tag, plate or symbol or permit its use by another person. [Ord. 1001 § 2, 1995].

5.04.120 Investigation.

Any person who is required to receive a clearance and investigative report from the Police Department, including fingerprinting and/or investigation, shall pay a fee as set by resolution for this service. It is expressly provided that this fee is not a license tax or fee; it shall be solely to cover the cost of enforcement of the regulatory act and procedure. [Ord. 1001 § 2, 1995].

5.04.130 Out-of-town.

“Out-of-town” means the conducting of a business within the City but not having a fixed place of business within the City. [Ord. 1001 § 2, 1995].

5.04.140 Person.

“Person” includes persons, associations, firms, partnerships and corporations, in both the singular and plural number. [Ord. 1001 § 2, 1995].

5.04.150 Place.

“Place” means any room, building or place in/on which there is carried on a business activity licensed under and pursuant to Chapters 5.08 through 5.32 LEMC. [Ord. 1001 § 2, 1995].

5.04.160 Selling.

“Selling” means and includes selling, offering to sell or contracting to sell, at wholesale or retail, any goods, wares, merchandise or services within the City. [Ord. 1001 § 2, 1995].

5.04.170 Subcontractors.

“Subcontractors” means every contractor who, under a general contractor, takes part in the construction, alteration, repair, addition to or improvement of any building, highway, road, excavation or other structure, project development or improvement as set forth in LEMC 5.04.040. [Ord. 1001 § 2, 1995].

5.04.180 Sworn statement.

“Sworn statement” means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. [Ord. 1001 § 2, 1995].