Montclair Municipal Code Ch. 4.02 Definitions

As used in this title:

Accupressure means a method or form of therapeutic treatment similar to that of massage as defined under this section. For the purpose of this title, the word "accupressure" shall have the same meaning as that of "massage."

Accupressure clinic. This term shall have the same meaning as that of "massage establishment."

Acutherapy. This term shall have the same meaning as that of "accupressure" or "massage."

Affected home owner, as applied to mobile home rent regulation, means any home owner whose rent payment is affected by any proposed rent adjustment other than permitted by Section 4.60.080(A) of this Code.

Alarm system means an assembly of equipment and devices arranged to signal the presence of a hazard requiring attention and to which police are called upon to respond.

Ambulance means any privately or publicly owned vehicle used to transport sick, injured, convalescent, infirm, or otherwise incapacitated persons.

Ambulances classified as paramedic or advanced life support ambulances shall be certified for advanced life support, capable of providing special services designed to provide definitive prehospital emergency medical care. Prehospital emergency medical care shall include, but not be limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medical preparations, and other specified techniques and procedures administered by authorized personnel. Such authorized personnel shall be under the direct supervision of a base hospital as part of a local emergency medical services system at the scene of an emergency, during transport to an acute care hospital, during interfacility or interambulance transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital.

Ambulances classified as basic life support ambulances shall provide emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the patient may be transported or until advanced life support is available.

Average number of employees, when applied to business licensing means the average number of persons employed daily in the applicant's business for the period of one year and shall be ascertained by determining the total number of hours of service performed by an employee during the previous year and divided by the number of hours of service constituting a day's work, according to the customs or laws governing such employment, and by again dividing the sum thus obtained by the number of business days in each year. In computing the average number of persons employed, fractions of numbers shall not be included.

Business, when applied to business licensing, means any employment avocation, occupation, profession, trade, calling, lawful game, show, exhibition, event, venture, fundraising activity, commercial enterprise, company, corporation, joint enterprise, place of business, partnership or other activity or enterprise engaged in for gain, profit, benefit, advantage or livelihood.

Business license fee means the fee, charge or assessment imposed for the privilege of engaging in business in the City.

Capital improvement, as applied to mobile home rent regulation, means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs and have a useful life of at least five years.

Card room means any establishment where legal gambling as defined in this chapter is conducted.

Collector, when applied to business licensing, means the City Treasurer or designated representative.

Consumer Price Index, as applied to mobile home rent regulation, means the Consumer Price index (CPI) published by the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers for the Los Angeles/Anaheim/ Riverside Metropolitan Area. If the CPI is discontinued or revised while the mobile home rent regulation section of this Code is in effect, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised.

Dance hall means any public place open to the public wherein the public may engage in dancing. Dances under the supervision and control of school authorities shall be exempt from the provisions of this Code and shall not be considered public dances.

Driver, when applied to taxicabs, means every person in actual charge and control of any taxicab as the driver thereof.

Emergency, when applied to ambulances, means a condition or situation in which an individual has the need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency.

Emergency medical services, when applied to ambulances, means the services utilized in responding to a medical emergency.

Emergency medical services plan, when applied to ambulances, means a plan for the delivery of emergency medical services consistent with State guidelines addressing Section 1797.103 of the California Health and Safety Code.

Emergency medical services system, when applied to ambulances, means a specially organized arrangement which provides for the personnel, facilities and equipment for the effective and coordinated delivery of emergency medical services as designated by the County Health Officer or emergency medical services plan.

Emergency Medical Technician-I (EMT-I) means an individual certified and trained in all facets of basic life support according to standards prescribed by the California Health and Safety Code.

Emergency Medical Technician-II (EMT-II) means an EMT-I certified to have additional training in limited advanced life support according to standards prescribed by the California Health and Safety Code.

Emergency Medical Technician-Paramedic (EMT-P) means an individual whose scope of practice and training to provide advanced life support meets the standards prescribed by the California Health and Safety Code and who has a valid EMT-P certificate.

Employee, when applied, to business licensing, means any person engaged in the operation or conduct of any business whether as an officer, agent, manager, solicitor, or as a member of the business owner's family, and any and all other persons employed or working in said business.

Engaging in business, when applied to business licensing, means carrying on, commencing, conducting, operating, performing, managing or transacting any business, whether done as an owner or partner, or by means of an officer, agent, manager, employee servant or lessee, whether operating from a fixed location in the City or from a vehicle, or as a transient, or by use of telephone communications, for the purpose of monetary gain or profit.

Exclusive operating area, when applied to ambulances, means an emergency medical service area as defined by the County emergency medical service plan, which restricts operations to one or more emergency ambulance service or provider of limited or advanced life support.

False alarm means an alarm signal, either silent or audible, necessitating response by the Police Department where an emergency situation for which the alarm system was designed or used does not exist. The activation of an audible alarm system for one second or less shall not be deemed a false alarm.

Food truck means any vehicle or trailer as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged food or foodstuffs of any kind. Food vending vehicle as used in this title does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence.

Food truck event means the permitted use of one or more food trucks at a single location. Multiple food trucks at an event may also be referred to as a food truck festival, or food truck rodeo.

Food truck event: Extended term - is a temporary food truck event which takes place at an approved location on multiple occasions at regularly scheduled intervals and/or over an extended time frame.

Food truck event: Short-term is an approved one day or a single short-term (maximum three days in duration) outdoor social occasion or business activity conducted on private property where a food truck may operate.

Food truck vendor means a person or company who owns, controls, operates, and/or leases a food truck vehicle from which food items are prepared and sold.

Food truck vendor permit means a permit issued by the City granting approval to operate a food truck vehicle within City boundaries pursuant to this chapter.

Gaming club means any establishment where legal gambling as defined in this chapter is conducted.

Gross payroll, when applied to business licensing, means all salaries remunerated to owners, partners, officers, agents, employees and any and all other persons employed by a business located in the City. Included in the computation of salaries shall be all wages, commissions, bonuses or any other form of payment.

Gross receipt, when applied to business licensing, means the total amount actually received from all sources; the total amount received for the performance of any act, service or employment whether or not such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from rents, fees, commissions, dividends or other emoluments, however designated. Included in gross receipts shall be all receipts, cases, credits and property of any kind or nature without any deduction on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded:

1. Cash discounts allowed and taken on sales;

2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as "gross receipts";

3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers upon recision of a contract of sale as is refunded either in cash or by credit;

5. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts collected for them and paid to them;

6. Refundable deposits, provided that refundable deposits forfeited and taken into income of the business shall not be excluded;

7. That portion of the receipts of a general contractor which represent payments to licensed subcontractors. The general contractor shall furnish the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor;

8. Cash value of sales, trades or transactions between departments or units of the same business;

9. The sales price of real estate sold for the account of others, except that portion which represents commission or other income to a real estate agent or broker; and

10. That portion of "gross receipts" which has been the measure of a business license tax or business license fee paid to any other municipality for sales transacted outside the City.

Legal gambling means any game played with cards, dice, or other device for currency, check, credit, or any other thing of value that is not already prohibited under State law or local ordinance. This definition shall specifically exclude California State lottery games and bingo games as defined in Chapter 4.20 of this Code.

License, when applied to business licensing, means the valid receipt issued by the collector, which indicates that any fee imposed in Chapter 4.04 of this Code has been paid to the City. The business license is a receipt only and shall have no other legal effect.

Licensee, when applied to business licensing, means any person holding a license issued pursuant to the provisions of Chapter 4.04 of this Code.

Local EMS agency, when applied to ambulances, means the County EMS office responsible for administering the County emergency medical service plan.

Location means a fixed point on a private parcel of real property, or contiguous private parcels of real property under common ownership, on which a mobile food truck vendor is permitted to conduct business.

Massage means a method of procedures upon the external parts of the body consisting of rubbing, stroking, kneading or tapping with the hand or other parts of the body or any instrument, with or without supplementary aids such as rubbing alcohol, oils, powder, creams, lotions, or other similar preparations used in this practice.

Massage establishment means an establishment having a fixed place of business where any person, association, firm or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, or any other kind or character of baths or where alcohol rubs, fomentation, baths, manipulations of the body, accupressure, massage, or similar procedures are given.

Massage technician means any person, male or female, who administers to another person, for any form of consideration, a massage, accupressure, alcohol rub, fomentation, bath, or electric massage procedure, manipulation of the body, or other similar procedure.

Mobile home, when applied to mobile home rent regulation, means a vehicle designed or used for human habitation when used as the owner's principal place of residence.

Mobile home owner, when applied to mobile home rent regulation, means any person entitled under the terms of a rental agreement, whether verbal, written or implied, to the use or occupancy of a mobile home space. "Mobile home owner" shall also include a prospective mobile home owner. A prospective mobile home owner is a person who has purchased or is in the process of purchasing or otherwise acquiring a mobile home that is or will be located in a particular mobile home park.

Mobile home park means any parcel of land where two or more spaces are rented or held out for rent to accommodate mobile homes when 50 percent or more of the spaces available for rent are occupied by mobile homes in excess of 8 feet in width and/or 40 feet in length.

Mobile home space means a site within a mobile home park rented or offered for rent for the location and installation of a mobile home and any accessory structures or appurtenances attached thereto.

Owner, when applied to taxicabs, means every person owning or controlling any taxicab.

Park owner, when applied to mobile home rent regulation, means a person or entity who received or is entitled to receive rent for the use or occupancy of spaces in a mobile home park or an agent or representative authorized to rent on behalf of such person or entity.

Park services, when applied to mobile home rent regulation, means services which include, but are not limited to repairs, replacement, maintenance, provision of utilities, storage, laundry facilities, janitorial services, refuse removal and any other benefit, privilege or facility connected with the use or occupancy of a mobile home space. Park services to a mobile home space shall include a proportionate part of the services provided to the common facilities in a mobile home park available to or for the benefit of a mobile home space.

Permittee, when applied to false alarms, means any person holding an alarm system permit issued pursuant to the provisions of this title.

Person, when applied to business licensing, means and includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Premises, when applied to alarm systems means any building or structure identified by a numerical or lettered address where an alarm system is installed, or a group of units within one building or structure with one alarm system.

Public dance means any public place open to the public wherein the public may engage in dancing. Dances under the supervision and control of school authorities shall be exempt from the provisions of this Code and shall not be considered public dances.

Rent, when applied to mobile home rent regulation, means the consideration, including any bonus, benefits or gratuity demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, including park services, including, but not limited to amounts demanded or paid for park services, subletting, and security damages, but exclusive of any amounts paid for use of a mobile home.

Rent-Review Administrator (RRA), when applied to mobile home rent regulation, means the City Manager or his or her designee.

Sworn statement, when applied to business licensing, means an affidavit sworn to before the collector or a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

Taxicab means every motor vehicle used in the business of carrying passengers for hire, the destination and route of which vehicles are under the control of the passengers being carried therein.

Taxicab stand means a portion of the street designated by the City Council for the use of taxicabs while waiting for employment.

(Ord. 99-791 Exh. A (part): prior code §§ 3-1.101, 4-7.01, 4-11.02, 5-1.01, 5-2.502, 5-5.01, 5-10.20, 5-19.02)

(Ord. No. 18-976, § 1, 5-21-18)