Lomita Municipal Code Ch. 1 Definitions

Chapters 1 through 7 of this title may be cited as the "Business Permit Law" of the City of Lomita. It is not intended by the business license law to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by the business license law. Where the business license law imposes a greater restriction upon a person's premises or personal property than is imposed or required by such existing provision of law, the provisions of the business license law shall control.

(Ord. No. 567, § 3, 10-7-96)

For the purpose of the business license law, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(a) Businesses, professions and trades as used herein shall mean the conducting, carrying on, managing or operating of any purposeful activity, whether legal or illegal, profitable or unprofitable, intended to generate revenue, whether or not said business, profession or trade has a fixed place of business in the city.

(b) The business license law shall apply to all persons conducting a business, profession or trade within the city whether or not such person maintains a fixed place of business in the city and whether or not such person may primarily conduct his business, profession or trade elsewhere.

(c) The term "businesses, professions or trades" shall not apply to any person engaged in a business, profession or trade solely as an employee of any other person conducting, managing or carrying on any such business in this city and where such other person is subject to the terms and provisions of the business license law.

(d) The term "retail" as contrasted to the term "manufacturing," "processing," "wholesaling," as used in the business license law refers to a business that is primarily conducted for the purpose of retail trade. A single business may contain both retailing and manufacturing or processing or wholesaling factors. In such an event, a single business shall be treated as only one (1) business and shall be classified by the city clerk as either a retail business or as a manufacturing, processing or wholesaling business, depending on the primary purpose of said business.

(Ord. No. 492, § I, 12-2-91)

"Person" as used in the business license law shall include the individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts or corporations, or any officers, agents, employees, factors, or any kind of personal representative of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.

The following businesses, professions and trades are further defined for the purposes of this title.

Ambulance operator means any person who for any monetary or other consideration or as an incident to any other occupation, and not pursuant to any contracts with the City, transports in one or more ambulances one or more persons from any location in the City to any hospital, or other place giving first aid or medical treatment, regardless of the location of such hospital or other place.

Ambulance driver means any person who drives an ambulance not pursuant to any contract with the City, in which is transported any person needing medical attention, which person entered or was placed in such ambulance at any location in the City of Lomita.

Automobile repair shop means:

(a) Any place where motor vehicles of others are repaired for a charge.

(b) Any place where the work of repairing motor vehicles is carried on as an incident to the business of selling new or used motor vehicles, or new or used motor vehicle parts, or as an incident to any other traffic in motor vehicles or their parts or equipment.

Automobile repairer means any person who manages, conducts or runs an automobile repair shop.

Auto wrecker means every person who buys any motor vehicle as the term "motor vehicle" is defined in the State Vehicle Code for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in any of the parts thereof or using the same for the purpose of reconditioning any other vehicle or for the purpose of selling or otherwise dealing in materials of such motor vehicles.

Advertising by sound trucks includes every person operating the business of advertising by means of any vehicle containing amplifiers, phonograph, loud speaker, microphone, broadcasting radio, or a device for public address, or carrying advertising signs, as which is used for announcing or advertising upon the public streets or public grounds in the City.

Auction establishment is a fixed place of business where any goods, wares or merchandise are sold or offered for sale or trade by public outcry or auction.

Bankrupt stock, bankrupt sales, or closing out sales, business includes every person engaged in the business of selling any goods, advertised or designated as sheriff's assignee's creditors, bankrupt, consignee's trustees, receiver's closing out or closing business, or special sale of damaged goods, damaged by fire, water or otherwise.

Provided, however, that this section shall not apply to sale of goods, which are actually in good faith in the possession of the law enforcement agency or trustee in bankruptcy or in possession of any court of the State or of the United States; or the goods belonging to an established business, paying a license, which have been damaged within the City and which are being disposed of in good faith by the person engaged in said business to close out the same.

Except that such sales provided in this section shall be certified to by the city clerk that such sale is a bona fide sale held by an established licensee to conduct such business in the City and provided further, that any inventory of merchandise to be sold at such sale shall be furnished by the licensee to the city clerk and the law enforcement agency, and provided further, that permission to hold such sale shall not include the right to increase the stock of merchandise or inventory after the sale has been publicly advertised.

Public billiard rooms, or halls or pool rooms or halls means any place open to the public where billiards, bagatelle, or pool is played, or in which any billiards, bagatelle or pool table is kept and persons are permitted to play or do play thereon, whether any compensation or reward is charged for the use of such table or not.

Cafe, food establishment, public eating place or hawkers shall be those businesses or occupations as defined in article V of this chapter. Public eating place shall also include all places where sandwiches, lunches and food or drinks of any and all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises, whether prepared or not.

Carnival, circus and rodeo includes any place of amusement erected or maintained for recreation, amusement or entertainment purposes where the public is invited or allowed to assemble and where are exhibited any feats of horsemanship, trained animals, clowns, acrobats, or trapeze performances, or amusement devices, games, or other forms of skill or amusement as are commonly provided in circuses or rodeos or carnivals.

Every person who rents, leases or otherwise occupies floor space or ground space in a place where a business, profession or trade is conducted within the City of Lomita and where said floor or ground space is occupied for the purpose of conducting a business, profession or trade by said concessionaire and where said person pays for said space occupied on a cash rental, commission basis or otherwise.

Dance hall, public means a place where dancing is conducted, whether for a profit or not, and to which the public is admitted, either with or without charge, or at which the public is allowed to participate in the dancing either with or without charge.

Dance club means any club or association of persons which conducts dances, other than public dances for its members or bona fide guests more often than once per month.

Teenage dance means a nonprofit public dance or club dance for minors between the ages of thirteen (13) and nineteen (19) years of age to which no person twenty (20) years of age or over or under thirteen (13) years of age is admitted as a participant.

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

Entertainment means any act, play, burlesque show, revue, pantomime, scene, song, dance act, or song and dance act, participated in by one or more employees, guests, customers, or any other person or persons.

House number painter as used in this article shall mean any individual, firm or corporation or organization engaged in the activity of painting upon public curbs, streets, roadways, sidewalks, or other public property, house numbers or house addresses or other printed or painted material.

Junk collector means a person engaged in the business within the City of going from house to house or place to place gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metals, furniture, appliances or other articles commonly known as junk.

Junk dealer means a person not an auto wrecker engaged in conducting, managing or carrying on the business within the City of buying, selling or otherwise dealing in either the wholesale or retail of any old magazines, sacks, bottles, cans, papers, metals including gold and mercury, or other articles commonly known as junk.

Locksmith shall mean any person whose business, trade or occupation, or who constructs or reconstructs or repairs or adjusts locks, or who opens and closes locks for others by mechanical means other than with the regular keys furnished for that purpose by the manufacturer of the locks. The definition of "locksmith" for the purpose of the business license law shall include persons who are not principally engaged in the locksmith business as hereinbefore defined but who duplicate keys for locks or similar devices.

Patrol system as used in this article shall mean any street patrol system furnishing street patrol service or street patrol officers, herein referred to as patrolmen, furnishing or purporting to furnish to members or subscribers, any watchman or guard, either uniformed or otherwise, to patrol the streets of the city for the purpose of guarding or watching any property or performing services or acts customarily performed by the law enforcement agency.

The definition of "patrol system" does not include a private patrol operator or operator of a private patrol system defined under section 7521 of the Business and Profession Code of the State of California as being one who agrees to furnish or furnishes a watchman, guard, patrolman, or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman, or other person for any of said purposes, unless said acts are performed as a part of a street patrol system or service as hereinbefore defined.

The definition of "patrol system" herein contained shall not include a person employed exclusively and regularly by one (1) employer in connection with the affairs of such employer only and where there exists an employer-employee relationship.

Patrolman is an individual engaged in the act of guarding property as the owner, member, or employee of a patrol system, whether street patrol or private patrol system.

Guard is a person who guards property and who is not a member of a private patrol system or a patrol system and who is employed exclusively and regularly by one (1) employer in connection with the affairs of such employer only and where there exists an employer-employee relationship.

Pawnbroker means any person engaged in any one (1) or more of the following businesses:

(a) Pawnbroking.

(b) Lending money for himself or any other person upon personal property, pawns or pledges, in the possession of the lender.

(c) Purchasing articles of personal property and reselling or agreeing to resell such articles, to the vendors or assignees at prices agreed upon at or before the time of such purchases.

A pawnshop is any room, store, building, or other place in which the business of pawnbroker is engaged in, carried on, or conducted.

Solid waste enterprise shall have the meaning attributed thereto by section 49504 of the Public Resources Code of the State of California.

(Ord. No. 639, § 3, 5-21-01)

Solid waste handling services shall have the meaning attributed thereto by section 49505 of the Public Resources Code of the State of California.

(Ord. No. 639, § 4, 5-21-01)

Editor's note— Section 6-1.05.25, defining "secondhand dealer," was repealed by § I of Ord. No. 492, adopted Dec. 2, 1991.

Soliciting includes any person, firm or corporation engaged in the business of going from house to house, or place to place, other than commercial business houses, or at, on, or along the public streets, sidewalks, or public places, selling or taking orders for, or offering to sell or take orders for goods or for services to be performed in the future, or for things of value to be delivered in the future, or performing services which require further development, consummation or completion elsewhere than at the place where performed.

Sound truck as used herein shall mean any motor vehicle, horse drawn vehicle, or other vehicle having mounted thereon, or attached thereto, any sound amplifying equipment. The words "sound amplifying equipment" as used herein shall mean any vehicle or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes.

Cross reference— Sound trucks using sound-amplifying equipment regulated, §§ 4-1.25—4-1.27; noise regulations, Title IV, Ch. 4.

Taxicab means a motor vehicle, as that term is defined in the vehicle code, used for the transportation of passengers for hire, when driven by the owner or by an agent of the owner at rates per mile, per trip, per hour, per day, per week, per month, or per other period of time, which vehicle is routed under the direction of the passengers or other persons hiring such vehicle.

Taxicab operator means a person engaged in the business of running, driving or operating one or more taxicabs and soliciting or accepting passengers in such taxicab or taxicabs for hire, either at a taxicab stand or elsewhere, within the City.

Taxicab driver means an individual who drives or operates a taxicab in which passengers are solicited or accepts for hire either at a taxicab stand or elsewhere in the City.

Theatre includes a moving picture theatre, or drive-in theatre, where moving or motion pictures, legitimate theatre or vaudeville shows are exhibited and a fee is charged, collected or received. Theatre shall also include any place containing a permanent stage upon which movable scenery or theatrical appliances are used, where musical, theatrical or vaudeville or similar performances are given to either private patrons or guests or to public assemblages and where no other form of service is supplied to said private patrons, guests or public patrons or guests.

A vending machine shall mean and include any machine vending merchandise, wares, edibles or liquids, whether bottled or otherwise, and where operated by inserting therein a coin or coins.

An amusement device or machine shall include any device or machine operated by coin or coins for the purpose of amusement which does not require the use of any physical or mental dexterity in the manipulation or operation of said machine, and which does not vend merchandise or goods and is used solely for the purpose of amusement and entertainment.

Machines games of skill includes any machine or device operated by a coin or coins requiring the use of physical or mental dexterity in the manipulation or the operation of said machine, device or game.

Rummage sale means any sale or offer of sale to the public by any religious, charitable, fraternal, civic or educational organization of goods, wares, clothing or merchandise which has been donated to said organization for the purpose of such sale, and from which profit is not derived either directly or indirectly by any person.

Gross receipts shall mean 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 a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise. Included in "gross receipts" shall be all other receipts, cash, credits, and property of any kind or nature except as hereinafter excluded, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be cash discounts allowed and taken on sales; any taxes 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 sale price of property returned by the purchaser to the seller which is refunded either in cash or by credit.