San Mateo Municipal Code Ch. 5.03 Definitions

The definitions in this chapter shall be applied to terms used in this title.

Prior code § 36.01 (part)

"Auction sale" means a sale of property outcry to the highest bidder.

Prior code § 36.01(1)

"Auctioneer" means any person who, by public outcry, sells, or offers to sell to the highest bidder, or any person who arranges for the disposal at public offering to the highest bidder, when bids are called for, either in person or by duly employed and licensed auctioneers, any goods, wares, merchandise, fruits, stocks, bonds and other securities, livestock or other personal property, or any real estate or interest therein, in any building or in or on any of the streets or sidewalks, or in any other place in the City where any and all persons who choose are permitted to attend and offer bids, or any person who advertises as a public auctioneer, or in any other manner holds himself out as such for public patronage, or receives fees as a commission for services as such.

Prior code § 36.01(2)

"Auto wrecker" means every person who buys, sells, exchanges, otherwise deals in, or in any other manner comes in possession of, any motor vehicle as 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 selling, utilizing, or otherwise disposing of, the component parts of such vehicles, or for the purpose of selling, utilizing, or otherwise disposing of the component materials of such vehicle either as junk or otherwise.

Prior code § 53.01

"Building standards" means the standards specified in this code and all building codes and regulations of the City which are enforced by the San Mateo building department.

Prior code § 36.01(4)

"Bureau" means the bureau of business taxes and permits as created in this title.

"Business" includes professions, trades, occupations and all and every kind of calling carried on for profit or livelihood.

Prior code § 36.01(5)

"Conducting" means the act of conducting, managing, or carrying on a certain business or occupation.

Prior code § 36.01(6)

"Contractor" means any person who does any type of construction work for an agreed price, or who holds himself out to the public as in such business or who erects, constructs, alters or repairs any building or structure for the purpose of selling or renting the same, and who does not employ therefor a regularly licensed person.

Prior code § 36.01(7)

"Dance" or "public dancehall" means any dance or place where dancing is carried on and to which the public is admitted, and a charge made therefor.

Prior code § 36.01(8)

"Employee" means any person engaged in the operation or conduct of any business, whether or not any member of the owner's family, partner, agent, manager, solicitor, and any other person is employed or working in such business.

Prior code § 36.01(10)

As used in this title, "fee," "fees," "tax" or "taxes includes penalties, interest and costs.

Prior code § 54.06

"Fire, bankruptcy or wreck sale" means the sale of goods, wares or merchandise salvaged from a fire, wreck or other calamity or a sale of goods, wares or merchandise advertised as a fire or bankrupt or wreck sale; provided, that no license shall be required under the provisions of this title for the sale of merchandise salvaged from any fire, wreck or other calamity occurring in the City, where same is conducted by the person who held the license to conduct the business before the fire or wreck, or other calamity occurred.

Prior code § 36.01(11)

"Fixed place of business" means a place of business regularly kept open, with someone in charge thereof for the transaction of the particular business engaged in during the hours customary to transact such business.

Prior code § 36.01(12)

"Food establishments" means all restaurants; fish markets or stands; fruit markets or stands; vegetable markets or stands; meat market; markets selling horsemeat intended for human consumption; poultry markets or stands; grocery stores; delicatessens; food, drink or confection vending vehicles; and all other retail food establishments, or devices where food, drink, or confections are sold or offered for sale to the public, whether such establishments are permanent, mobile, or temporary. "Food establishment" shall not include or be construed to mean any establishment manufacturing, processing, packaging, or storing food or drink, or the delivery vehicles thereof, not engaged in selling or offering for sale such food or drink to members of the public.

Prior code § 36.01(13)

"Food vending machine" means any coin-operated mechanical device from which food or drink is dispensed, or offered for sale to members of the public.

Prior code § 36.01(14)

"Food vending vehicle" means any vehicle from which food or drink is sold or offered for sale to the public, but not including delivery vehicles used to transport food or drink from a store or distributor having a valid food permit, to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.

Prior code § 36.01(15)

"Gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom 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. Excluded from "gross receipts" shall be the following:

(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;

(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 rescission of the 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 license collector with the names and addresses of the others and the amounts paid to them;

(6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;

(7) As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker.

"Health officer" means the director of health services of San Mateo County, or his or her duly authorized representative.

prior code § 36.01(16)

"Junk collector" means any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material.

Prior code § 36.01(18)

"Junk dealer" means any person having a fixed place of business in the City and who is engaged in carrying on the business of buying or selling either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material.

Prior code § 36.01(19)

"Manufacturer" means one engaged in making materials, raw or partly finished, into goods, wares, merchandise, or other things of value suitable for use for the purpose of sale either to wholesalers or retailers.

Prior code § 36.01(20)

"Pawnbroker" means any person conducting, managing or carrying on the business of loaning money, either for himself or any other person, upon any personal property, personal security, or purchasing personal property, and reselling or agreeing to resell, such articles to the vendor or other assignee at prices previously agreed upon.

Prior code § 36.01(21)

"Peddler" means one who goes from house to house, place to place, or in or along the streets within the City, selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value, in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.

Prior code § 36.01(22)

"Private patrol" means any person carrying on the business or occupation of night watchman, night watch service, private policeman, or any other occupation the purpose of which is to afford additional police or fire protection for hire or reward.

Prior code § 10.24(2)

"Property means real property and personal property.

Prior code § 36.01(23)

"Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, confectionery, catering service, and any other eating or drinking establishment which sells or offers for sale food or drink to the public, and regardless of whether such food or drink is for consumption on or off the premises.

Prior code § 36.01(24)

"Retailer" means one who sells goods, wares, merchandise and other things of value for profit by small quantities or parcels directly to the consumer.

Prior code § 36.01(25)

"Solicitor" means one who engages in the business of going from house to house, place to place, or in or along the streets, within the City, selling or taking orders for, or offering to sell, or take orders for, goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.

Prior code § 36.01(26)

"Street vendor" means one who sells, offers for sale, or advertises for sale, any goods, wares, merchandise or other things of value from a nonstationary, nonmotorized cart in the public right-of-way.

prior code § 36.01(27)

"Tax Collector" means the Director of Finance or his or her designee.

"Temporary vendor" means any person who engages in a temporary or transient business in the City, selling goods, wares, merchandise or any other thing of value with the intention of conducting such business in said city for a period of not more than ninety days, and who, for the purpose of carrying on such business, hires, leases or occupies any room, doorway, vacant lot, building or other place for the exhibition or sale of goods, wares, merchandise or other thing of value; provided, however, that this section shall not apply to sample rooms for the display and taking orders for goods at wholesale.

Prior code § 36.01(28)

"Tow car" means a motor vehicle which has been altered or designed and equipped for and is primarily used for towing vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles.

Ord. 1982-25 § c 1982

"Towing service" means a business that uses a tow car or tow cars to tow vehicles or to render assistance to other vehicles.

"Used automobile dealer" means any person engaged in conducting, managing, operating or carrying on the business of selling or otherwise dealing in used motor vehicles, as the term "motor vehicle" is defined in the Vehicle Code of the state of California, and who buys or accepts on consignment, or otherwise becomes possessed of motor vehicles, for the purpose of reselling, or who sells at a price greater than that originally paid therefor, two or more used motor vehicles a year for a commission; provided, however, that the provisions of this code applying to "used automobile dealers" shall not be construed to apply to any insurance company, finance company, transportation company banking corporation, or any other person who may come into possession of such used motor vehicles in the regular course of business and who sells such motor vehicles under his or her contractual or lien rights or to save himself from financial loss.

Prior code § 36.01(29)

"Vehicle" means every device in, upon or by which, any person or property is, or may be, transported or drawn upon a public street, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle.

Prior code § 36.01(30)

"Vendor of racing forms" means any person who engages in a temporary, transient or permanent business in the City (whether at a fixed place of business or not) of selling charts, sheets, dodgers, handbills, circulars, letters, booklets or any other printed, typewritten, mimeographed or written matter of any kind pertaining to any horse race, choice of horse or horses, or giving or conveying any information about any horse, horse race or contest of endurance or speed between horses or beasts.

Prior code § 36.01(31)

"Wholesaler" means one who sells goods, wares and/or merchandise, or other things of value, in bulk or in large quantities to another who intends to resell the articles purchased.

Prior code § 36.01(32)