El Cerrito Municipal Code Ch. 6.01 Title Definitions

For the purpose of this title, certain words are defined as follows:

A. "Advertising matter" means and includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, advertisement, broadside, handbill, poster, booklet, or any other original or copy of any matter or literature.

B. "Burglar alarm," as used in this title, means any type or kind of alarm or system used or employed for the purpose of detecting or communicating an unauthorized intrusion or an emergency. The term includes, but is not limited to, audible alarms and telephonic alarms.

C. "Charitable solicitation" means and includes the act of every agent, canvasser or other person who, on the plea, statement or representation that such solicitation is for charitable, patriotic or philanthropic purpose:

1. Travels from place to place, or house to house, or to any public building or public place, or who uses the telephone, mail or any other method to solicit money, memberships, advertising, property or anything of value; or,

2. Offers for sale any article or service or ticket of admission to any performance, card party, benefit, lecture, picnic or other place of amusement or entertainment whatsoever.

Charitable solicitation does not include:

1. Solicitations made by an organization for its own behalf, upon its own premises; or,

2. Solicitations made by any established society, association or corporation which is organized primarily for religious, philanthropic, benevolent, fraternal or charitable purposes and where the solicitation is conducted among its members.

D. "Commercial advertising matter" means and includes any advertising matter which:

1. Advertises for sale any merchandise, product, commodity or thing; or,

2. Directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of directly or indirectly promoting the interests thereof by sales; or,

3. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is to be charged for private gain or profit; or,

4. While containing reading matter other than advertising matter, is essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

E. "Employee" means and includes all persons engaged in the operation or conduct of any business, whether as a member of the owner's family, agent, manager or solicitor, and any and all other persons employed or working in the business.

F. "Engage in business" means and includes the conducting, managing or carrying on of any business mentioned in this title, by any person, either on his or her own behalf, or as the employee of another.

G. "Engage in the junk business" means the conducting, managing or carrying on of any phase of the junk business by any person as owner, officer, agent, employee, servant or lessee. Without limiting the generality of the foregoing, the soliciting, hauling, collection or delivery alone of junk constitutes engaging in the junk business regardless of the location of the headquarters or fixed place at which such business is engaged.

H. "Fixed place of business" and "regular place of business" both mean the premises within the city where a business is conducted.

I. "Junk" includes used manufactured items, disposed of by the previous owner, which are unsuitable for reuse as originally intended when made, but which are subject to recycling or other treatment so as to be used again in some manner. Junk does not include garbage, rubbish and refuse.

J. "Junk dealer" is any person engaged in or conducting, managing or carrying on, either personally or as an agent, the business of collecting, distributing, buying, selling, trading, soliciting, exchanging, taking in trade, offering for sale, or in any other manner dealing with junk.

K. "Master fee schedule" is the schedule defined in Title 4 of this code.

L. "Newspaper" means and includes:

1. Any newspaper of general circulation as defined by law; or,

2. Any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation; or,

3. Any newspaper filed and recorded with any recording officer as provided by law; or,

4. Any periodical or current magazine regularly published and sold to the public, with not less than four issues per year.

M. "Noncommercial advertising matter" means and includes any advertising matter which is not included in the aforesaid definitions of commercial advertising matter and newspaper.

N. "Patrol service" and "patrol system" both mean any service or system which purports to furnish or does furnish to members or subscribers for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any area in the city, to guard or watch any property, or to perform any service usually performed by the police department. The defined words include businesses which sell, install, service or respond to any intrusion or fire alarm.

O. "Peddler" means any hawker, vendor or other person who goes from place to place, or along the streets, or to any public place within the city, selling and offering for sale any goods, wares, merchandise, or anything of value, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.

P. "Private premises" includes any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes. Such dwelling, house, building or other structure may be inhabited or vacant, and shall include any yard, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant thereto.

Q. "Public official" is any officer of the city responsible for approval of a permit by a regulating section of this code.

R. "Public place" includes all public alleys, avenues, boulevards, lanes, streets, walks or other ways, and any and all public buildings, centers, grounds, parks, playgrounds, plazas; shopping centers, spaces and squares in the city.

S. "Regular place of business" means the same as fixed place of business.

T. "Sale" includes:

1. The transfer in any manner or by any means whatsoever of title to property for a consideration; or

2. Supplying or furnishing any property for a consideration; or

3. A transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price; or

4. The transfer of property for any other property; or

5. The provision of services for a consideration. Nothing contained in this definition shall be deemed to exclude any transaction which is, or which in effect results in, a sale within the contemplation of law.

U. "Solicit" means to sell or take orders, or offer to sell or take orders, for goods, wares, merchandise or thing, for future delivery, or for services to be performed, at any place within the city.

V. "Solicitor" means every agent, canvasser or other person who travels from place to place, or house to house, and solicits or takes orders for, or canvasses for or makes demonstrations of:

1. Any goods, wares, merchandise, or things or articles of value; or

2. Services to be performed in the future; or

3. Subscriptions to periodicals; or

4. Tickets of admission to entertainments; or

5. Memberships in any clubs.

W. "Sworn statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

X. "Taxicab business" means the business of engaging as a common carrier in transporting passengers for hire, provided, however, that it does not include any common carrier subject to regulation by the state Public Utilities Commission, or the federal Interstate Commerce Commission.

Y. "Tow service operator" means any person, firm or corporation engaged in the business of towing motor vehicles for the police department of the city.

Z. "Transient business" means a business not conducted at a fixed place of business.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)