Beaumont Municipal Code Ch. 5.08 Definitions

Footnotes:

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Editor's note— For the purposes of this title, the definitions of the words set out in this chapter shall apply.

"Advertising vehicle" means the business of operating upon the streets any wheeled vehicle equipped with music or a musical device, loud speaker or other device for attracting attention, or who operates upon the streets any wheeled vehicles for advertising purposes, and to which wheeled vehicle there are attached signs, placards, billboards, or other advertising matter.

(Ord. 333 §7-f, 1961)

"Astrologer" means a person who practices or who professes to practice the business or art of astrology, palmistry, phrenology, card reading, fortune telling, cartomancy, clairvoyance, crystal gazing, hypnotism, medium-ship, prophesy, augury, divination, magic, or necromancy, and who accepts a gift or fee for such practice or charges therefor.

(Ord. 333 §7-g, 1961)

"Auctioneer" means any person engaged in the selling at auction any real or personal property whatsoever; provided, however, the provisions of this title shall not apply to any person having an established and permanent place of business in the City, and paying a license fee to the City therefore, who may auction any goods, wares, or merchandise for the purpose of closing out any special line of goods, wares, or merchandise or other personal property that may be in his possession at the commencement of the auction at the place of business or place where the property is regularly kept without making a regular practice of so doing, or adding to the stock to be auctioned after the commencement of the auction.

(Ord. 333 §7-h, 1961)

"Coin-operated machine business" means the letting the use of, or renting location for, or placing with or in business houses within the City, of any and all types of amusement or skill games or machines or vending machines, the operation or use of which is permitted by state law or county ordinance, controlled or operated by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening in such machine or machines. The licensee shall furnish an identification tag for each machine or machines. The licensee shall furnish an identification tag for each machine put in use which shall be affixed in plain sight on such machine, and which shall contain the name and address of the licensee.

(Ord. 333 §7-i (part), 1961)

A. "Contractor" means any person who engages with the owner or leasee, or other person in possession of any lot or parcel of land, or building, or structure, for the erection, construction, moving or repair of any building or structure in the City, or for the doing of any plumbing, wiring, heating, air conditioning, drainage, irrigation, brick laying, cement work, carpenter work, glazing, painting, sheet metal work, lathing, plastering, roofing, shingling, landscaping, fencing, interior decorating, or any other work in connection with any of the building trades in the City, whether the same be by contract at a fixed price for the whole or per unit of construction, or upon the cost of labor and material basis, or upon a percentage thereof basis, or other compensation other than wages.

B. "Subcontractor" means every contractor who under a general contractor or another subcontractor takes part in the construction, alteration to, or improvement of any building, highway, road, excavation or other structure, project development or improvement, as above set forth. Before a license is issued to a contractor or subcontractor as defined in this title, the applicant shall file with the City Clerk satisfactory evidence that such person has a contractor's license and workmen's compensation insurance coverage required by the laws of the state.

(Ord. 333 §7-j, (part), 1961)

"Employee" means a person who receives his compensation from any employer that carries workman's compensation, makes all necessary payroll deductions from the compensation, including withholding tax and social security deductions, and assumes all necessary payroll deductions from the compensation, including withholding tax and social security deductions, and assumes all other responsibilities as an employer. Any person who is not an employee -shall be deemed self-employed and engaged in business for himself subject to the provisions of the title. Any person, firm or corporation engaged in a work of improvement for one other than himself, themselves or itself, requiring a building permit shall be licensed pursuant to this title. The Building Inspector, when issuing permits and when making building inspections in the field, will reasonably assure himself that all persons, as defined in this chapter, doing construction work in the City are properly licensed to do so by the City.

(Ord. 333 §7-j (part) 1961)

"Gross receipts" includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service, or Employment, of whatever nature it may be, for which charge is made or credit allowed, whether 'or not such act, service, or employment is done as a part of or in connection with the sale of materials, goods, wares and merchandise, or the rendition of personal services. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction there from on account of the cost of the property sold, cost of materials used, labor or service costs, interest paid or payable, or losses, or other expenses whatsoever, and receipts attributable to selling activities or personal service within the City. Excluded shall be cash discounts allowed and taken on sales, Credit allowed on property accepted as part of the purchase price and which property may later be sold, any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser. All fees and taxes set forth in this title may be amended from time to time by resolution.

(Ord. 333 §7-i (b), 1961; Ord. 532 §2, 1981)

"An itinerant salesmen" or "an itinerant vendor" means any person, firm or corporation that shall engage in, do, or transact any temporary business at wholesale or retail for the sale of goods, wares, and merchandise, and who, for the purpose of carrying on such business shall have, use, or occupy a building, car, vehicle, booth, boat, or room for the exhibition and sale of such merchandise, whether such person, firm or corporation be a principal, agent, or employee.

(Ord. 333 §7-d, 1961)

"On-sale liquor business" means the business of dispensing alcoholic beverages for public consumption in a place of business for the operation of which business an "On Sale" license is required under the laws of the state pertaining to the dispensing of alcoholic beverages.

(Ord. 333 §7-k, 1961)

"Pamphlet and literature business" means the selling or offering for sale by any person, whether as principal or agent, clerk or employee, either for himself or for any other person, or for any firm or corporation, either at a fixed place of business or on the streets or sidewalks of the City, of pamphlets, literature or books, symbols or signs.

(Ord. 333 §7-1, 1961)

"Patio, garage and/or yard sales" means a sale held at a private residence by the owner or owners, tenant and/or occupant thereof and since it is recognized that it is necessary to dispose of personal property by means of an on-site sale, this section is designed to define the limits of such sales:

A. Patio, garage and/or yard sales shall be held no more often than twice per calendar year at any residential address and for a period not to exceed five consecutive days.

B. A license shall be required for sales such as described in subsection A of this section and such license shall not be issued more often than twice per calendar year, shall be valid only for a stated residential address and for no longer than five consecutive days.

C. Licenses required under this title shall be issued by the City upon the payment of the license fee therefore, as provided in this title, and the licenses shall state the beginning and ending dates of such sale.

D. Estate sales for the disposition of personal property of a deceased occupant of a residence may be issued by the City to the personal representative of such decedent. The duration of such sales shall be for a reasonable length of time as determined by the City.

E. Nothing contained in this section is intended, nor shall it prevent or prohibit various types of sales held by recognized charitable or social organizations having their headquarters within the corporate limits of the City.

F. All goods, products and merchandise proposed to be sold at a patio, garage and/or yard sale are subject to inspection by any peace officer of the City in the exercise of his duty as such.

(Ord. 333 §7-r, 1961; Ord. 442 §1, 1972; Ord. No. 1104, § 3, 1-2-2019)

"Peddler" includes any person, whether a resident of the City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, medicines, drugs, vitamins, meats, fish, vegetables, fruits, garden truck, farm products, or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and; provided further, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this title shall be deemed a peddler subject to the provisions of this title. "Peddler" shall include the words "hawker" and "huckster."

(Ord. 333 §7-c, 1961)

"Pool hall business" means the business of keeping pool tables in a place of business where the public is invited to play games in which pool tables and billiard tables are used and a charge is made the public for the use of such tables. A permit as provided in for in this title shall be obtained for this business before a license is issued.

(Ord. 333 §7-m, 1961)

"Public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering or an incident to some other purpose, and to which premises the public is admitted for a fee.

(Ord. 333 §9 (part), 1961; Ord. 442 §2 (part), 1972)

Solicitors, peddlers, and itinerant salesmen or itinerant vendors must register with the Police Department of the City, giving whatever information the Chief of Police may require.

(Ord. 333 §7-e, 1961)

"Regular, established or fixed place of business" means a permanent store, office or place where business is legally transacted from month to month in such manner as business of that nature is generally conducted, and where the circumstances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the City and not otherwise and not on the public street or highway or in any lodging room or place where only temporary desk room is used or where any temporary expedient is resorted to for temporary purposes or permanent business in this City.

(Ord. 333 57-a, 1961)

"Rooming house business" means the renting of rooms by the day, week or month, where five or more rooms are under the same proprietorship and hotel maid service is furnished.

(Ord. 333 §7-n, 1961)

"Solicitor" includes any person, whether a resident of the City or not, who goes, either as principal or agent, from house to house or place to place, soliciting and taking or attempting to take orders for sale of goods, wares, merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, including subscriptions to magazines, periodicals, or other publications, or the distributing or offer to distribute any coupon, certificate, ticket, card, or other token which is redeemable in goods, discount, wares, merchandise, premium or services, whether he is collecting advance payments on such sales or not, provided, that, much definition shall include any person who, for himself, or for another person, form, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.

(Ord. 333 §7-b, 1961)

"Conducting, managing or carrying on the business of a steam laundry" includes besides the business of conducting or managing of a steam laundry in the usual, popular and generally accepted meaning thereof, any place where clothes are washed or ironed or laundered for compensation and where power is used to operate machinery in connection with the washing or ironing or laundering of such clothes and also the business of soliciting, collecting and delivering, or receiving laundry for a steam laundry, for compensation, whether on a commission basis or otherwise.

(Ord. 333 §7-b, 1961)

"Towel service business" means a business of dealing in, selling or washing or ironing or exchanging of towels or linen for compensation either, directly or indirectly.

(Ord. 333 §7-p, 1961)

"Wholesale business by vehicle" applies to the delivery of goods, wares or merchandise to retail merchants or manufacturers in the City at wholesale prices for the purpose of resale or for use or consumption on or off the premises. "Business by vehicle" and "wholesale business by vehicle" does not apply to persons, firms and corporations operating such vehicles together with and in conjunction with a fixed place of business within the City for which such business a license fee is paid under other provisions of this title nor shall the provisions of this title be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between those maintaining a fixed place of business in the City in the conduct of which vehicles are used and those maintaining a business in the conduct of which vehicles are used but who do not have a fixed place of business within the City.

(Ord. 333 §7-q, 1961)