Alameda Municipal Code Art. I Procedures for Licenses

As used in this chapter:

Administrative headquarters shall mean a location where the principal business transacted consists of providing administrative or management-related services such as, but not limited to, record keeping, data processing, research, advertising, public relations, personnel administration, legal and corporate headquarters services, to other locations where the operations of the same business are conducted which lead more directly to the production of gross receipts.

Auctioneer shall mean a person who sells or offers for sale any real or personal property at auction, or who carries on the business of auctioneer, whose permanent place of business, as filed with the California Auction Commission, is located in the City.

Business shall mean and include professions, trades, occupations and all and every kind of calling or enterprise carried on for profit or livelihood.

Conduct or conducting shall mean and include the act of conducting, managing, engaging in or carrying on a certain business or occupation.

Contractor shall mean and include any person who shall do any type of construction work for an agreed price, or who shall hold himself out to the public as in such business or who shall erect, construct, alter or repair any building or structure. The term "contractor" also includes specialty contractors such as electricians and plumbers.

Employee or person employed shall mean and include 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 the business.

Employees, average number of shall mean the average number of persons employed daily in the applicant's business for the period of one (1) year, and shall be determined by ascertaining the total number of hours of service performed by all employees during the previous year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in each year. In computing the "average number of persons employed," fractions of numbers shall be excluded.

Fixed place of business shall mean a place of business 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.

Franchisee shall mean a person or corporation to whom a franchise is granted by the City Council.

Grocer shall mean any business in which the principal activity of the business consists of the sale of food products intended for human consumption, but shall not include restaurants on the premises for immediate consumption.

Gross payroll shall mean and include the total gross amount of all salaries, wages, commissions, bonuses, or other money payment of any kind which a person received from or is entitled to receive from or be given credit for by his employer for any work trade, occupation or profession, including any kind of deductions before "take home" pay is received but shall not mean or include amounts paid to travelling salesmen or other travelling or other expenses incurred in the business of the employer, except to the extent of the excess of such amounts over such expenses actually incurred and accounted for by the employee to the employer.

Gross receipts, except as otherwise specifically provided, shall mean the gross receipts of the preceding fiscal year of the licensee or part thereof, as is defined as follows:

The total amount actually received or receivable from all sales; the total amount or compensation actually received or receivable 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 a part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends or other emoluments, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property or 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, except that the following shall be excluded therefrom:

a. Cash discounts allowed and taken on sales.

b. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts.

c. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser.

d. Such part of the sale price of property returned by purchaser upon rescission of a contract of sale as is refunded either in cash or by credit.

Junk collector shall mean any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals or any other worn out or discarded material.

Peddling shall mean and include engaging in or conducting the business of going from house to house, place to place, or in or along the streets, within the City selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.

Person shall mean every individual, partnership, joint-venture, corporation or other legal entity conducting or carrying on a business, profession, or other enterprise, or a portion thereof, within the corporate limits of the City.

Public dance or public dance hall shall mean any dance or place where the business of holding or conducting public dances or dancing is carried on and to which the public is admitted.

Solicitor shall mean and include any person who engages in the business of going from house to house, place to place, or in or along the streets, within the City selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or other things of value for future delivery, or for service to be performed in the future.

Television subscription service shall mean a business that sells rights to or subscriptions for the receipt of television signals not available by use of standard antennae. Television subscription service includes, but is not limited to, community antenna television systems or other antenna systems required to receive satellite signals or any signal which requires the use of a specific antenna or decoding or unscrambling device.

Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle.

(Ord. No. 834 N.S.; Ord. No. 1186 N.S.; Ord. No. 2295 N.S.)