Pinole Municipal Code Ch. 5.08 Definitions

As used in this article, the average number of persons employed daily in the applicant's business during the previous year within the city shall be determined by ascertaining the total number of hours of service performed by all employees of the applicant within the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year's work of one full-time employee according to the custom or laws governing such employment. In computing the average number of persons employed, fractions of numbers shall be excluded. (Ord. 338 § 1(a), 1975).

As used in this article, “business” includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit. (Ord. 338 § 1(b), 1975).

As used in this article, “city” means the city of Pinole, a municipal corporation of the state of California in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form. (Ord. 338 § 1(c), 1975).

As used in this article, “employee” means all persons engaged in the operation or conduct of any business, whether as member of the owner's family, agent, manager, solicitor, and any and all other persons employed or working in said business, excepting the spouse or children of the owner. For purposes of computing tax based on employees, the average number of employees, as defined in Section 5.08.010 will be used. (Ord. 338 § 1(d), 1975).

As used in this article, “fixed place of business” means the premises within the city where a business is continuously conducted from day to day and regularly kept open for the purposes of such business. The term “regular place of business” has the same meaning as “fixed place of business.” (Ord. 338 § 1(e), 1975).

As used in this article, “itinerant vendor” means all persons, both principals and agents, who engage in a temporary and transient business in the town, selling goods, wares, and merchandise, and who for the purpose of carrying on such business, hire, lease or occupy any room, building, structure or land for the exhibition or sale of such goods, wares, or merchandise, or from which room, building, or structure the sales shall be made or business solicited by means of samples or deliveries from house to house. The persons so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant, or auctioneer. (Ord. 338 § 1(f) , 1975).

As used in this article, “license administrator” means the city finance director or other city officer charged with the administration of this article. (Ord. 338 § 1(g), 1975).

As used in this article, “peddler” means any hawker, vendor, or other persons who go from house to house or place to place, or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery of any goods, wares, merchandise, or anything of value in possession of the peddler to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities. (Ord. 338 § 1(h), 1975).

As used in this article, “person” includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business, or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than as an employee. (Ord. 338 § 1(i), 1975).

As used in this article, “retail business” means every business conducted for the purpose of selling or offering to sell any goods, wares or merchandise other than as a part of a “wholesale business” as defined in Section 5.08.150. (Ord. 338 § 1(j), 1975).

As used in this article, “sale” includes the transfer in any manner or by any means whatsoever of title to property for a consideration, the serving, supplying, or furnishing for a consideration of any property, and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The definitions in this section shall not be deemed to exclude any transaction which is or which in effect results in a sale within the contemplation of law. (Ord. 338 § 1(k), 1975).

As used in this article, “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 any goods, wares, merchandise, or things or articles of value or advertising or for services to be performed in the future or for subscriptions to periodicals or tickets of admission to entertainments or membership in any clubs. (Ord. 338 § 1(1) , 1975).

As used in this article, “sworn statement” means an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty of perjury. (Ord. 338 § 1(m), 1975).

As used in this article, “transient business” means every business not conducted at a “fixed place of business” or at a regular place of bus-ness, whether the person conducting such transient business is or is not a resident of the city. (Ord. 338 § 1(n), 1975).

As used in this article, “wholesale business” means every business conducted solely for the purpose of selling goods, wares, or merchandise or wholesale lots for resale. (Ord. 338 § 1(o), 1975).