Temple City Municipal Code Art. C Schedule of Rates

As used in this chapter, the following terms shall be defined as set forth herein:

ADVERTISING BENCH: Any bench on or upon which any kind of advertising matter is placed, maintained or displayed.

ADVERTISING MATTER: Printed handbills, dodgers, booklets, cards in excess of two and one-half inches by four inches (21/2" x 4"), and any other printed advertising matter describing or calling attention to any product, business, enterprise, person, firm or corporation for any purpose other than solely for religious or political purposes, but excluding a newspaper.

ADVERTISING VEHICLE: The business of operating upon the street any wheeled vehicle equipped with music or a musical device, loudspeaker or other device for attracting attention, or of operating any wheeled vehicle for advertising purposes and to which wheeled vehicle there are attached signs, placards, billboards or other advertising matter.

APARTMENT HOUSE: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of four (4) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.

AUTOMOBILE FOR HIRE: Every automobile or motor propelled vehicle used for the transportation of passengers for compensation over the streets and not over a fixed or defined route, irrespective of whether the operations extend beyond the boundary limits of the city, at rates for distance traveled, per mile, per trip, for waiting time or otherwise. "Automobile for hire" shall include taxi and taxicab.

BENCH: Any seat, chair, bench or similar device located in or upon any street or other public property for the use or accommodation of passerby or persons awaiting transportation.

BUNGALOW COURT: Four (4) or more separate or connected dwelling units on any one parcel or contiguous parcels of land.

BUSINESS BY VEHICLE: The business of running, driving or operating any automobile, automobile truck, automobile tank wagon or any vehicle used for transportation, selling, collection or delivery of goods or other personal property of any kind from a vehicle, either as a principal business or in connection with any other business; of soliciting for work, labor or services to be performed upon the public street, in or from a vehicle, or to be performed on goods or other personal property; or peddling goods; or soliciting for work, labor or services on goods to be taken for such purpose to a plant or establishment inside or outside the city limits.

The term shall be deemed to apply to the delivery of goods purchased by retail merchants in the city at wholesale prices and delivered to said merchants in said city at wholesale prices and delivered to said merchants in said city for resale by them for use or consumption by the public, and shall apply to the delivery of services to the businesses and professions listed in this chapter, but shall not apply to persons operating such vehicles together with, and in conjunction with, a fixed place of business within the city, for which such business license fee is paid under the other provisions of this title.

The provisions of this title are not to be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between those maintaining a fixed place of business in the conduct of which vehicles are used but who do not have a fixed place of business in the city.

CLUB DANCE: Any dance held or conducted by a dancing club.

CONTRACTOR: Any person who engages with the owner or lessee or other person in possession of any lot or parcel of land or building, for the erection, construction or repair of any building, or structure, or for the construction or doing of any heating, air conditioning, automatic or other sprinkler system, paving, wrecking, excavating, drainage, irrigation, electric signs, sign devices, gas filled luminous tube signs or designs, brick laying, cement work, sewer work, painting, paperhanging, tile work, carpenter work, glazing, insulation, structural pest control, lathing plastering, roofing, sheet metal, shingling, flooring, swimming pools, landscaping, fencing or interior decorating, whether the same be by contract at a fixed price, or upon the cost of materials and labor basis, or upon the basis of the cost of construction or repair plus a percentage thereof.

DANCING CLUB: 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, at which a fee is charged either for admission to such dance or for dancing therein, or at which any collection or donation of money is made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dances by such member.

DISSEMINATE: Means and includes the terms distribute, deposit, hand out, pass out, give out, deliver and throw away, as well as causing or permitting any of the foregoing.

DRIVER: A person who drives or is in actual physical control of an automobile for hire.

INDEPENDENT SERVICE PROVIDER: An independent substation in another business such as a hairdresser, real estate agent or other service or profession occupying space in the premises of another licensee.

INFORMAL ENTERTAINMENT: Random, unpaid, act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, by not more than two (2) persons at a time and must be secondary use to the establishment with no alcohol being served at any time.

KENNEL: Any place where four (4) or more dogs and cats, or four (4) or more of either, are maintained at any one location.

MAINTAIN: Means and includes, construct, erect, install, place and permit to be.

MANUFACTURER: Means and includes the process of making, preparing, altering, repairing or finishing, in whole or in part, or to assemble, inspect, wrap or package any articles or materials; the making or fashioning by working on or combining material; the assembling of component parts.

MEDICINE SHOW: Means and includes the using of any music, lecture, entertainment or operation of other like scheme or plan to attract an audience or crowd, and the selling or giving away to any person in such audience or crowd any drug or medicine, or pretended medicament, or any surgical or medical appliances or instrument.

NEWSPAPER: Shall mean and be limited to a publication which has been and at the time of its dissemination or distribution is admitted as second class matter under applicable United States postal regulations, is a newspaper of general circulation under the laws of the state, and at the time of its dissemination or distribution maintains a bona fide list of paying subscribers at regular published rates.

NONADVERTISING BENCH: Any bench on or upon which no kind of advertising matter is placed, maintained or displayed.

OWNER: When used with reference to an automobile for hire, shall mean and include any person other than a driver who or which owns, operates, controls or directs the use of an automobile for hire.

PEDDLERS AND SOLICITORS: Includes any person, except for sidewalk vendors (as defined in Section 4-12-0) or mobile food vendors (as defined in Section 4-13-0), who travels from place to place or house to house and makes demonstrations of, or solicits, takes orders or canvasses for the sale of, or who sells any goods, wares or merchandise, or things or articles of value of any nature, kind or description.

POULTRY AND ANIMAL BUSINESS: The business of owning or maintaining twenty five (25) or more birds, fowl, poultry, rabbits or animals (other than horses), and the offering to sell, trade or exchange for anything of value, any birds, fowl, poultry, rabbits or animals (other than horses) or the offspring, products or byproducts of any thereof. Every person who owns or maintains twenty five (25) or more birds, fowl, poultry, rabbits or animals (other than horses), and who sells, offers to sell, trades or exchanges for anything of value, or who by any sign or other means of advertising offers to sell, trade or exchange for anything of value, any birds, fowl, poultry, rabbits or animals (other than horses) or the offspring, products or byproducts of any thereof, shall conclusively be presumed to be conducting, managing and carrying on business and subject to the provisions of this title.

PREMISES: Means and includes every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, sidewalk, street, public way and every vehicle.

PRINTED: Means and includes the terms, mimeographed, lithographed, handwritten, stereotyped, typewritten and painted.

PRIVATE PATROL: The operation, maintenance or conduct of the business or occupation of night watchman, night watch service or agency, private policeman, police patrol service or any other occupation the purpose of which is to afford, for hire or reward, additional police, guard, or fire protection in addition to that furnished by the city.

PROFESSION: Means and includes those occupations universally classified as professions, as opposed to a business activity; a calling in which one professes to have acquired some special knowledge used by way of instructing, building and advising others or serving them in some calling, vocation or employment, and which includes, but not by way of limitation, those professions listed as such in the Business And Professions Code of the state of California for which a testing requirement is imposed.

PROFESSIONAL ENTERTAINMENT: A person or persons who engage in any act, play, review, pantomime, scene, song, dance act, song and dance act, live band, or poetry, for livelihood or gain in the presentation of entertainment and where alcohol is being served.

PUBLIC DANCE: A gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted.

PUBLIC DANCE HALL: A place where dancing is conducted, whether for profit or not for profit, 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.

RETAILER: Includes every seller who makes any retail sales or sales of tangible personal property. A retail sale is any sale defined as such by the sales and use tax laws of the state of California.

SERVICE: Includes all business activities involving the providing of labor, together with the furnishing of incidental materials in connection therewith; i.e., labor performed in the interest and under the direction of others, except as such business activity may be more specifically included in some other category.

SLAUGHTERHOUSE: A place where anyone slaughters more than three (3) fowl or three (3) rabbits per day for other than the personal use of such person.

WHEELED VEHICLE: Means and includes an automobile, truck, tank truck, trailer, wagon, cart and any and all contrivances used or capable of being used as a means of transportation of persons or property, that move or roll on one or more wheels.

WHOLESALER: Means and includes every seller who makes any sale or sales of tangible personal property for resale. (1960 Code; amd. Ord. 92-714; Ord. 94-770; Ord. 19-1035)

All persons engaged in or carrying on any profession, trade, calling, occupation or business in or into the city of Temple City are hereby classified in the following groups as follows:

A. Professional;

B. Retailers;

C. Wholesalers;

D. Manufacturers;

E. Services;

F. Contractors;

G. Business by vehicle;

H. Specialty businesses;

I. Home occupation;

J. Independent service provider;

K. Not otherwise classified. (1960 Code; amd. Ord. 92-714)

The rates applied to the business classifications set forth in section 5-1C-1 of this article shall be set and/or modified by resolution of the city council. (1960 Code)