Livingston Municipal Code Ch. 2 License Fees for Specific Businesses

The rates of the license tax for the businesses, trades, occupations and employments named in this chapter are, and the same are fixed in and for the city, in accordance with this chapter and the same shall be paid by any person engaged in or about to engage in, or carrying on or about to carry on the same in the city. When a license can be measured by gross receipts as defined in § 3-2-2(B) of this chapter, the Finance Officer is authorized to license such business under § 3-2-2 of this chapter, whether or not such business is specifically set forth under a flat rate license section of this chapter.

(Ord. 284, passed 6-13-1985)

(A) Generally. Every person conducting, carrying on or managing a retail business from a fixed place of business within the city shall pay an annual registration tax of $60, and in addition thereto shall pay a business license tax equal to one mil on each dollar of average monthly gross receipts, computed quarterly and payable quarterly on forms provided by the city.

(B) Gross receipts defined. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

GROSS RECEIPTS. The total amount of the sale price of all sales, the total amount charged or received for the performance of an act, service or employment of whatsoever nature it may be, whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made, including all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the costs of the property sold, the costs of the material used, labor or service costs, interests paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included and this section shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold 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, shall be deducted for the purpose of determining gross receipts under this section.

(Ord. 284, passed 6-13-1985; Ord. 405, passed 6-2-1992)

(A) The following businesses will pay a flat fee license tax of $60 per year:

• 1. Amusement rides;
• 2. Auctioneer;
• 3. Auto or horse races or similar type events;
• 4. Barbershop;
• 5. Beauty parlor;
• 6. Billiard or pool hall;
• 7. Billposting;
• 8. Boarders;
• 9. Bowling alley or bocce alley or handball court;
• 10. Brokers;
• 11. Campground or trailer court;
• 12. Cannery, packing house, manufacturing plant;
• 13. Christmas related merchandise;
• 14. Coin operated sound motion picture machines;
• 15. Concrete pipe laying;
• 16. Convalescent home;
• 17. Creamery;
• 18. Dances;
• 19. Directories;
• 20. Dry cleaning, laundry;
• 21. Feats or performances;
• 22. Finance or lending agency;
• 23. Hauling;
• 24. Home occupation;
• 25. Hospital;
• 26. Junk dealer, secondhand store;
• 27. Livery or feed stable;
• 28. Minstrels;
• 29. Newspaper;
• 30. Nursery;
• 31. Nursing home;
• 32. Parking lot;
• 33. Pawnshop;
• 34. Peddling sewing machines, organs and office equipment;
• 35. Phonographs or mechanical musical instruments;
• 36. Photographic studio;
• 37. Professions;
• 38. Radio broadcasting;
• 39. Real estate office;
• 40. Service station;
• 41. Shoeshining;
• 42. Shooting gallery or skating rink;
• 43. Shuffleboard;
• 44. Sideshow signs;
• 45. Supplying or distributing milk;
• 46. Tailor shop;
• 47. Tobacco store;
• 48. Tombstones;
• 49. Trained animals;
• 50. Traveling merchant;
• 51. Traveling photographer;
• 52. Undertaker;
• 53. Vending machines; and
• 54. Warehouse.

(B) The following businesses will pay a flat fee license tax as follows:

(Ord. 405, passed 6-2-1992; Ord. 430, passed 2-15-1994)

The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

FIXED PLACE OF BUSINESS. A fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.

LOCAL AUTHORITY. Any chartered or general law city, county, or city and county. (Cal. Govt. Code, Section 51036(d).)

NON-MOTORIZED VENDOR, NON-MOTORIZED VEHICLE or VEHICLE. Any mobile unit propelled without a motor, upon which or from which any food or beverage, goods, wares, or other merchandise, is vended, displayed, or given away. NON-MOTORIZED VENDOR includes the term COMPACT MOBILE FOOD OPERATION, as defined within the California Retail Food Code (Cal. Code), Section 113831(c), which states any mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

PEDDLER. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.

PERSON. Any person, firm, corporation, association, club, society, or other organization.

ROAMING SIDEWALK VENDOR. Any sidewalk vendor who moves from place to place and stops only to complete a transaction. (Cal. Govt. Code, Section 51036(b).)

SIDEWALK. Any public sidewalk or paved pedestrian path or walkway specifically defined for pedestrian travel.

SIDEWALK VENDOR. Any person who sells food or beverage, goods, wares, or other merchandise, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. (Cal. Govt. Code, Section 51036(a).)

SOLICITOR. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.

STATIONARY SIDEWALK VENDOR. Any sidewalk vendor who vends from a fixed location. (Cal. Govt. Code, Section 51036(c).)

VEND or VENDING. The barter, exchange, sale, offer for sale, display for sale, or solicitation of offers to purchase food or beverage, goods, wares, or other merchandise, or the negotiation or payment of a fee before providing food or beverage, goods, wares, or other merchandise, even if characterized as a donation.

VENDOR. Any person who vends.

Wherever the terms SELLING or SALES are used herein, BUYING and PURCHASING shall be deemed included.

(Ord. 665, passed 4-21-2026)

It is unlawful for any solicitor, peddler or vendor to engage in business within the city without first obtaining a business license and permit which complies with the provisions of this chapter, unless the activities of the solicitor, peddler or vendor are exempt from municipal regulation by state, federal or local law.

(Ord. 665, passed 4-21-2026)

(A) Applicants for vendor permits under this chapter shall file with the city clerk a sworn application in writing on a form to be furnished by the city. The application shall contain the following information:

1. Name, height, weight, eye color and hair color;

2. Date of birth and a copy of one or more of the following: California driver's license or identification number, Social Security number, or an individual tax identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or federal court order;

• 3. Permanent home address and telephone number;
• 4. Local address and telephone number;
• 5. A brief description of the business or activity to be conducted;

6. If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;

7. The length of time for which the permit is desired;

8. Two photographs of the applicant, taken within 60 days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;

9. Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter, including, but not limited to, the following:

(a) A copy of the California seller's permit (CA Department of Tax and Fee Administration sales tax number), if the applicant is required to have a seller's permit.

(b) A copy of the valid health permit issued by the Merced County Division of Environmental Health or Department of Public Health, if food is being vended or prepared.

10. If a non-motorized vehicle is to be used, the application must include a description of each vehicle to be used, with license number, if applicable, make and model.

11. An agreement by the applicant to indemnify and hold harmless the city, its officers, officials, employees, agents, and volunteers, for any claim, damages, actions, or causes of action which may arise from or in any manner relate to the permit or the vendor's sidewalk vending activities;

12. Certification by the Applicant that, to their knowledge and belief, the information contained in the application is true.

(Ord. 665, passed 4-21-2026)

At the time the application is filed with the city clerk, the applicant shall provide the city with a non-refundable fee to process their application. The fee shall include an amount to cover the costs of general review and processing of the application. The amount of the fee shall be established, and from time to time may be amended by resolution of the city council.

(Ord. 665, passed 4-21-2026)

(A) The City Manager or his/her designee shall deny an application based upon any of the following grounds:

1. The applicant has been issued a local or state permit or license to conduct vendor, solicitor or peddler activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.

2. The City Manager finds in writing that the applicant fails to provide the information requested in the application or that any of the statements made in the application, or any supplementary information submitted thereto, is incorrect or untrue.

3. The City Manager finds in writing that the issuance of a permit to the applicant for activities described in the application would result in violation of Federal, State, or local laws, or would involve an unreasonable risk to health, safety, or general welfare of the public. The City Manager shall state, in writing, the grounds for the unreasonable risk to health, safety, or general welfare of the public finding.

4. The applicant intends to operate in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.

5. The applicant intends to operate as a stationary sidewalk vendor in a park owned or operated by a local authority if the local authority has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

6. The applicant is under the age of 18, or any age as may be set by state law.

(B) The City Manager may issue a vendor permit upon such conditions relating to the method or manner of operation as the City Manager deems are necessary to adequately protect the health, safety, or general welfare of the public. Conditions imposed shall be provided to the applicant in writing. The applicant may appeal these conditions, in the manner prescribed by this Chapter, within a period of 15 days from the time written notice is provided. Any condition imposed upon the issuance of a vendor permit shall remain in effect until the appeal is finally determined. If the imposition of condition is not appealed within the period stated, the imposition of conditions placed on the vendor permit shall become final.

(C) Upon approval of an application, the city shall deliver the required permit to the applicant. Such permit shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The city clerk shall keep a record of all active permits.

(Ord. 665, passed 4-21-2026)

All permits issued under the provisions of this chapter shall expire one year from date of issuance, unless an earlier expiration date is noted on the permit.

(Ord. 665, passed 4-21-2026)

The city clerk shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., "Permitted Vendor" or "Permitted Peddler," the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.

(Ord. 665, passed 4-21-2026)

No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.

(Ord. 665, passed 4-21-2026)

Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or Livingston Police Department sworn officer or code enforcement officer.

(Ord. 665, passed 4-21-2026)

It is unlawful for any person, while conducting the business of vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a non-illuminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import.

(Ord. 665, passed 4-21-2026)

It is unlawful for any person, while conducting the business of vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of eight o’clock (8:00) P.M and eight o’clock (8:00) A.M. pacific standard time.

(Ord. 665, passed 4-21-2026)

The following regulations shall apply to vendors as defined in § 3-2-4-1:

(A) No vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.

(B) Vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including but not limited to personal vehicle, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the City Manager or designee, who may limit the number of spaces for vendors. Vendor vehicles, including but not limited to personal vehicle, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of the Livingston Municipal Code.

(C) Vendors shall not stand or park within two hundred feet of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.

(D) Vendors shall not stand or park within 200 feet of any area designated for a special event permit issued by the city or any sponsored city event, during the limited duration of the special permit. If the city provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the city's special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable.

(E) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.

(F) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean.

(G) School Zones. No vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight o’clock (8:00) A.M. to four o’clock (4:00) P.M. except for holidays and when school is not in session.

(H) Public Streets. No vendor shall stand or park on any street in a commercial zone any stand, trailer, wagon or pushcart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.

(I) Private Property. Vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts with the express written consent of the owner or lessee of the property. The area occupied by each vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving. Vendors are prohibited in residential zoning districts.

(J) Non-motorized vehicle, compact mobile food operation. Vendors shall not be permitted to operate a compact mobile food operation which remains at the same location, property or parcel for more than eight hours or two consecutive days.

(Ord. 665, passed 4-21-2026)

Any city police officer or code enforcement officer may require any vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 665, passed 4-21-2026)

City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of subsection (B) of § 3-2-4-5 of this chapter.

(Ord. 665, passed 4-21-2026)

Permits issued under the provisions of this chapter may be revoked by the city, after notice and hearing, for any of the following causes:

(A) Fraud, misrepresentation, or false statement contained in the application for permit;

(B) Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler;

(C) The violation of any provision of this chapter or the Livingston Municipal Code;

(D) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public.

(Ord. 665, passed 4-21-2026)

Notice of the hearing for revocation of a license pursuant to the provisions of § 3-2-4-15 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.

(Ord. 665, passed 4-21-2026)

Any person denied a permit or whose permit has been revoked under the provisions of this chapter shall have the right to appeal such action or decision to the City Manager or his/her designee. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her permit application form, or to such person's last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the City Manager or his/her designee and the City Manager or his/her designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the City Manager or his/her designee on such appeal shall be final and binding on all parties concerned. Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within 90 calendar days of the date of the decision.

(Ord. 665, passed 4-21-2026)

Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in § 3-2-4-4 of this chapter, shall cite to the city clerk the statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.

(Ord. 665, passed 4-21-2026)

Any person who violates any of the provisions of this chapter shall be subject to the following fines:

(A) With a permit:

1. An administrative fine not exceeding $100 for a first violation.

2. An administrative fine not exceeding $200 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

4. Upon a fourth violation of this chapter, the permit shall be rescinded.

(B) Without a permit:

1. An administrative fine not exceeding $250 for a first violation.

2. An administrative fine not exceeding $500 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

(C) Failure to pay an administrative fine pursuant to section shall not be punishable as an infraction or misdemeanor.

(D) When assessing an administrative fine pursuant to this Chapter, the City Manager shall take into consideration the vendor's ability to pay the fine. The City Manager shall provide the vendor with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the Director shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

2. The Director may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

3. The City Manager may request adequate documentation, including but not limited to a sworn statement from the vendor, when an ability-to-pay determination is requested. If the requested documents are not provided to the City Manager, the City Manager may make a finding that the person does not qualify for an ability-to-pay determination.

4. The City Manager shall provide written notice of their determination to the vendor. Such notice must include a statement advising the vendor of their right to request an appeal hearing pursuant to Municipal Code § 3-2-4-17.

(E) Any other violation(s) of the Livingston Municipal Code shall be subject to the established enforcement and penalties of said municipal code.

(Ord. 665, passed 4-21-2026)

Street vending vehicles and pushcarts shall be subject to the following rules, regulations and requirements.

(A) Application.

1. Every applicant for a street food or beverage vendor’s permit shall file with the Finance Director a written application on a form provided by the Finance Director which shall contain the following:

(a) The name, address, telephone number, driver’s license or other valid identification number, and Social Security number of the applicant and of each person, if any, to be employed or retained by the applicant to sell food or beverages from vending vehicles or pushcarts;

(b) The number of vending vehicles or pushcarts to be operated by the applicant, either directly or through employees or subcontractors, and the design of each vending vehicle or pushcart, including signage, and the location of loading, unloading and overnight storage;

(c) The character, location and routing of vending vehicle or pushcart operations; and

(d) Such other information as the Finance Director deems appropriate.

2. Each application shall be accompanied by payment of a nonrefundable fee of $25 to cover administration costs.

(B) Regulation of vending vehicles and pushcarts.

1. Each vending vehicle or pushcart shall have affixed to it in plain view, the operator’s permit required by this chapter, and any other permit required, including a health permit. Facsimiles are permissible.

2. Pushcarts shall not be stationed for purposes of offering foods, beverages or products for sale in any location which creates an obstruction to the normal flow of vehicular pedestrian access, within ten feet of any intersection, driveway or building entrance, or in any space designed for vehicular parking, nor shall more than three congregate at any location.

3. The maximum dimensions of any pushcart shall be six feet in length and four feet in width.

4. The only signs used in conjunction with a vending vehicle or pushcart shall be signs affixed to or painted on the vehicle or pushcart.

5. The operator of a vending vehicle or pushcart, if such a person is an employee, contractee, lessee of a vendor shall be required to wear a uniform on which the business is identified.

6. No artificial lighting of any pushcart is permitted.

7. A refuse bin of at least one cubic foot shall be provided in or on the vending vehicle or pushcart.

8. No person shall park, stop or stand any vending vehicle or pushcart upon any part of any street of the city and leave the same stopped, parked or standing in any one location for a period of time longer than ten minutes for the purposes of selling or delivering any food or drink from each vehicle and no person shall make a second stop after moving from the last place of parking, stopping or standing within a distance of 50 feet of the last place of parking, stopping or standing; and no person shall park, stop or stand any vehicle or pushcart upon any part of any street of the city for the purposes of selling any food or drink within 300 feet of any school property line during school between 8:00 a.m. and 4:00 p.m., on any school day or within 300 feet of any church or temple property line where any services, functions or activities are being conducted or at which attendees are arriving or leaving; or in any commercial district.

9. No person shall use any musical or other sound emitting device designed to attract customers while such vehicle or pushcart is parked, stopped or standing in the manner and for the purposes described within this section.

10. No single street vending business shall be allowed to license more than two vending vehicles or pushcarts.

11. (a) For the safety of both the vendor and the general public, no vending vehicle or pushcart (to include bicycle driven carts) will be allowed to operate on any city street or sidewalk for the purpose of selling goods during any hours of darkness.

(b) HOURS OF DARKNESS are defined as hours between one hour past sunset and sunrise daily.

12. Any violation of this subsection (B) will be cause for individual business licenses to receive a written warning for the first violation, a $25 fine for the second violation, a $50 fine for the third violation, and six-month business license suspension for every violation thereafter. A violation of this section will be considered an infraction per the penalty section of this code.

(C) Liability insurance.

1. Every operator of vending vehicles or pushcarts must obtain and maintain during the entire term of his or her license an unconditional public general liability insurance policy that includes products and operations for not less than the following sums:

(a) For the injury or death of any one person in any one accident: $1,000,000;

(b) For the injury or death to two or more persons in any one accident: $3,000,000; and

(c) For the damage or destruction of property in any one accident: $25,000.

2. No license shall be issued or valid until the licensee shall have furnished the City Finance Director with a certificate of insurance, for each policy required, executed by the company issuing such policy, and approved as to form by the City Attorney. Such policies shall contain a provision which includes the city as also named insured and holding the city, its officers and employees harmless from any and all claims for negligence by reason of granting permission to use such public property.

(Ord. 405, passed 6-2-1992; Ord. 419, passed 6-1-1993; Ord. 511, passed 6-18-2002)

Every person transacting and carrying on the business or activities herein enumerated shall pay a business tax as follows.

(A) Rental property.

1. Any person owning and conducting, operating, renting or leasing a rooming house, boarding house, apartment house, lodging house, trailer park, mobilehome court or commercial building, with the exception of hotels and motels, shall pay annually the following business tax: $60 for the first six units plus $5 for each additional unit over six. The provisions of this section shall not apply to subleases.

2. The provisions of this section shall not apply to residential premises owned, operated, rented or leased by one person having less than three rental units. A RESIDENTIAL UNIT is defined as a living space in a multiple dwelling or an individual house.

3. The provisions of this section shall apply to persons engaged in renting or leasing real property to government entities.

4. The taxes provided for in this section shall be in addition to any business tax which may be required to be paid by real estate brokers, agents or other persons engaged in business and taxed pursuant to other provisions of this chapter.

(B) Delivery vehicles.

1. Every person who collects, gathers, picks up or loads goods, wares or merchandise within the city, or who delivers goods, wares or merchandise within the city from or to a point inside or outside the city by means of a motor vehicle four or more times within any 12-month period, is assessed a license tax in the sum of $45 for the first vehicle plus $25 for each additional vehicle.

2. A vehicle delivering to or for a licensed person with a fixed place of business within the city shall be exempt from the provisions of this section when such vehicle is the property of that person.

(C) Mechanical machines. Every person engaged in the business of maintaining and operating mechanical games, rides, devices or instruments of any kind shall pay a business tax of $10 per machine, but a minimum of $60 per year.

(Ord. 405, passed 6-2-1992)

The display or sale of goods, merchandise or service which are customarily indoor uses shall be allowed outdoors, limited to specific days of the week and shall meet the following conditions:

(A) All sales shall be conducted by a business located on the property;

(B) All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale;

(C) Each display or sale shall be limited to the following days of the week only:

1. Friday, Saturday and Sunday;

2. There shall be no limitation as to the number of weekends per month;

3. There shall be no requirement on those days stated in subsection (C)1. of this section, for businesses to obtain a permit from the Planning Department; and

4. Restaurants are exempt from subsections (C)1., (C)2. and (C)3. of this section.

(D) No display shall encroach on a public right-of-way; and

(E) Each display or sale shall be subject to the sign regulations of Title 4, Chapter 2 of this code.

(Ord. 485, passed 10-20-1998)

Restaurants on wheels shall be subject to the following rules, regulations and requirements:

(A) Restaurants on wheels are subject to § 3-2-4 of this chapter, with the exception that one for every 5,000 population is allowed at a fixed location upon obtaining a use permit; and

(B) Taco trucks are classified as restaurants on wheels.

(Ord. 429, passed 2-15-1994)