La Verne Municipal Code Ch. 5.04 Definitions

For the purposes of this title, the following words and phrases shall be defined as provided in this chapter.

(Prior code § 6100)

"Amusement arcade" means any business or other establishment containing four or more amusement devices, or any business or other establishment with fewer than four amusement devices when such devices occupy more than five percent of the total floor area of the business.

(Prior code § 6100; Ord. 657 § 1, 1982)

"Amusement device" means any video, electronic, electric or mechanical game machine which provides amusement, entertainment or recreation, which may be operated by depositing any coin, slug, token or other article, or by paying a fee either in advance of or after use. "Amusement device" shall not be construed to mean any vending machine and mechanical device as defined in this chapter.

(Prior code § 6100; Ord. 657 § 1, 1982)

"Arcade" means a general room or enclosure in which is conducted a business of operating or exhibiting any photograph, gramophone, talking machine, music machine, kinetograph, biograph, projectoscope, or any other instrument or machine of like character, or exhibiting, showing or letting the use of any game of skill; microscope, lung-tester, muscle-tester, galvanic battery, weighing machine, fortunetelling machine or machine of similar character.

(Prior code § 6100)

"Auctioneer" means a person who sells or offers for sale any real or personal property at auction (exclusive of sales under deeds of trust, mortgages, pledges or sales under order of court, or judicial proceedings including estate sales) or who carries on the business of auctioneer whether or not at a fixed place of business in the city.

(Prior code § 6100)

"Business" means and includes professions. trades, occupations, vocations, public utilities and mutual or private associations or ventures and all and every kind of calling, whether or not carried on for profit.

(Prior code § 6100; Ord. 713 § 2, 1986)

"Carnival" means any commercialized merry-making whether upon a public street or otherwise, for adults or minors, wherein there is any performance or any exhibition of any kind or character, or concession, or group of concessions, or tests of skill, or merry-go-round, Ferris wheel or rides on animals, or clowns, or side shows of any kind.

(Prior code § 6100)

"Circus" means any exhibition in which seats for spectators are arranged in tiers, and in which are shown feats of horsemanship, balancing, tumbling, vaulting, where clowns and singers and acrobats and wild animals and performers and actors entertain the audience.

(Prior code § 6100)

"Contractor" means and includes any person who shall do any type of construction work for an agreed price, or who shall hold him or herself out to the public as in such business, or who is engaged in any construction business subject to state regulation and requires a license from a state regulatory body. "Contractor" shall include any subcontractor. "Subcontractor" means and includes any person who contracts to fulfill a part of the whole of a contract made by a principal contractor. A separate license and fee is not required whenever a contractor is also conducting a business as a "subdivider" and/or "developer."

(Prior code § 6100)

"Day nursery" means any place where more than four children, other than members of one's own family, are kept during the day for an agreed price. The license fee for a day nursery shall be governed according to the fee schedule set forth in Chapter 5.12 of this code.

(Prior code § 6100)

"Developer" means any person conducting, managing or operating or causing the conducting, managing or operating of the business of improving, enhancing or bettering by the building or construction of any structure for the purpose of lease, sale or financing, either immediate or future, upon, over or under any parcel of land shown upon the latest adopted map of record or tax roll of the county. "Developer" may include "contractor" and/or "subdivider," but shall exclude a person developing a parcel for the purpose of occupancy for at least a period of six months by the developer or for the exclusive use by the developer.

(Prior code § 6100)

"Employee" means all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, agent, manager, solicitor and any and all other persons employed in the business, whether for compensation or not. Persons working less than twenty hours per week may be considered as half-time employees. No person shall be considered an employee who does not start from, or come to, or work in the city in the course of his or her employment.

(Prior code § 6100)

The average number of persons employed daily in the applicant's business for the period of one year shall be determined by adding together the number of employees of each payday during the year and the sum thereof divided by the number of paydays. Two part-time employees shall be considered as one employee and a part-time employee is one who works less than twenty hours per week.

(Prior code § 6100)

"Fixed place of business" means a place of business located within the city at which a person conducts a business, profession or trade, or sells, contracts, constructs, makes or repairs goods, or performs acts or services in respect to the business, or offers or solicits for the sale of goods or services and/or where an owner of such business, his or her agent or employee, is regularly found so as to transact such business.

(Prior code § 6100)

A. "Gross receipts" means the total of amounts actually received or receivable from sales and the total amount actually received or receivable for the performance of any acts or service for which a charge is made or credit allowed, whether or not the act or service is done as a part of or in connection with the sale of materials or goods. Included in "gross receipts" are all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the cost of materials used, labor or service costs, including interest paid or payable or losses or other expenses. "Gross receipts" will also include the amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated in a separate charge. "Gross receipts" shall not include cash discounts, the amount of any federal tax imposed on or with respect to retail sales, whether imposed upon the retailer or the consumer, and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any state, city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale.

B. The gross receipts of a general contractor shall not include that portion of his or her receipts which represent payments to subcontractors licensed under this title, provided the general contractor furnishes the collector with names and addresses of the subcontractors and the amount paid to them. "Gross receipts" of a real estate agent or broker do not include the sale price of real estate sold to the account of others, except that portion which represents commission or other income to the agent or broker or any real estate salesman who is the independent contractor or employee of such broker or agent.

(Prior code § 6100)

"Home occupation" shall be defined as provided in Section 18.96.020 of this code.

(Prior code § 6100)

"Hostess party" means a gathering of two or more persons at any one place for the purpose of viewing a selection or display of goods, wares and merchandise and/or for the purchase of same, whether or not the person at whose home, house, premises or facilities the goods, wares or merchandise are so displayed, received a commission on any sale so made as a result of the display.

(Prior code § 6100)

"Hotel" and "motel" are defined as provided in Sections 18.08.265 and 18.08.350 of this code.

(Prior code § 6100)

"Jobber" means any person who buys goods, wares or merchandise in quantities from manufacturers or importers and sells them to dealers or wholesalers.

(Prior code § 6100)

"Manufacturing" means the business of making, developing, assembling or packaging of any machines, devices, articles, things, commodities, goods, wares, merchandise, products, equipment, material or substances for sale or distribution to the public either at wholesale or retail.

(Prior code § 6100)

"Hotel apartment house" means a building where certain or all of the rooms therein are offered for let as a temporary abode, sleeping place or living quarters.

"Apartment house" or "duplex" means any building having two or more living quarters where such living quarters consist of more than one room each, all under the same roof and where such living quarters are let or offered for let. "Apartment court" or "bungalow court" means two or more living quarters consisting of structures constructed on a single parcel of real property or contiguous parcels owned by the same person and offered for let as abodes or living quarters.

(Prior code § 6100; Ord. 795 § 1, 1989)

"Single-family dwelling" means a detached building designed for or occupied exclusively by one family and having but one kitchen.

(Ord. 795 § 1, 1989)

"Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than as an employee.

(Prior code § 6100)

"Professional" and "semi-professional" businesses are as follows: accountant, auditor, appraiser, architect, attorney, building designer, chiropodist, chiropractor, dentist, drugless practitioner, engineer, landscape architect, mortician, oculist, optician, optometrist, osteopathy, physician, psychologist, real estate broker, stock broker, surveyor, taxidermist, insurance salesmen and brokers, and similar occupations.

(Prior code § 6100)

"Public utility" means every private corporation and every individual or association of individuals, owning, operating, managing or controlling any commercial railroad, interurban railroad, street railroad canal, pipeline, plant or equipment within the city, for the transportation or conveyance of passengers, or express matters, or freight of any kind, including crude oil, for the transmission of telephone or telegraph messages, or for the production, generation, transmission, delivery or furnishing of heat, light, water or power or for the furnishing of storage or wharfage facilities, either directly or indirectly to or for the public, and every common carrier, is declared to be a public utility.

(Prior code § 6100)

"Rebound tumbling center" means a place where rebound tumbling equipment is provided and maintained for public use.

(Prior code § 6100)

"Rebound tumbling equipment" means a fabric bed or surface designed to provide resilience by virtue of its own elasticity or that provided by an elastic or spring suspension system or both, within a stable and tested frame and intended to be used for jumping, bouncing or acrobatic tumbling.

(Prior code § 6100)

"Subdivider" means any person who is conducting, managing or operating or causes the conducting, managing or operating of the business of dividing or proposing to divide into two or more parcels for the purpose of lease, sale or financing, either immediate or future, any land or parcel shown on the latest adopted map of record or tax roll of the county as a unit or contiguous units. "Subdivider" may include "developer" and/or "contractor" whenever a developer and/or contractor is also conducting the business of subdividing.

(Prior code § 6100)

"Swap meet" means a business or activity at which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used goods or merchandise.

(Prior code § 6100)

"Vending machines and mechanical devices" means any machine or device which, upon the insertion of a coin, plug or token in any slot or receptacle attached to the machine or connected therewith, operates or may be operated or used for the dispensing of tangible personal property or merchandise, or to supply music or service of any nature, other than an amusement device as defined in this chapter. Postage stamp vending machines are not included in this definition.

(Prior code § 6100; Ord. 657 § 2, 1982)