Woodside Municipal Code § 110.03 Exemptions and exclusions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Auctioneer. Any person who sells or offers for sale any real or personal property or service at any auction, public auction, or auction sale or by public outcry, whether at a fixed place of business in the Town or not.

Business. Professions, trades, and occupations and all and every kind of calling or enterprise carried on for profit or livelihood.

Contractor. Any person who shall do any type of construction work for an agreed price, or who shall hold himself out to the public as in such business, or who shall erect, construct, alter, or repair any building or structure for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind requiring in its construction the use of more than two unrelated building trades or crafts, or who shall do or superintend the whole or any part thereof.

Employee. Any person who regularly works in a place of business within the Town during any 24-hour period within the 12-month period ending on June 30 next preceding the date of an application for a license.

Fiscal year. The 12-month period commencing July 1 and ending June 30, both inclusive.

Fixed place of business. 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.

Floor area. The gross floor area of a building.

License collector. The Town official designated as the License Collector.

Licensee. Any person to whom a business license has been issued pursuant to this chapter.

Peddler. Any hawker, itinerant merchant, or transient vendor of merchandise not having a fixed place of business in the Town, who solicits orders for the sales of goods, wares, and merchandise and/or peddles or hawks the same and/or who sells the same in any structure or stand on any street or public place in the Town.

Person. Natural persons of either sex, firms, associations, copartnerships, corporations, syndicates, joint ventures, clubs, and any officer or agent therefor, whether acting by themselves or by a servant, agent, or employee.

Personal and repair service. Any person selling personal and repair services at retail.

Professional. Any person practicing a profession for which a license to practice issued by the state or a professional board established and regulated by the state legislature is required.

Retailer. Any person who sells goods, wares, or merchandise at retail.

Sale. The transfer, in any manner or by any means whatsoever, of the title to property for a consideration; the serving, supplying, or furnishing for a consideration of any property; or a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price.

Solicitor/vendor. Any person, including a salesman and vendor, who engages in the business of going from house to house, place to place, or in or along the streets within the Town selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise, services, or other things of value, for present or future delivery or for services to be performed immediately or in the future, to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities or services. In the event the activities of a solicitor/vendor require his/her entry upon private residential property within the Town, such entry shall be with the prior consent, request, or invitation of the owner or occupant of such private residence.

Specialty contractor. A contractor whose operations as such are the performance of construction work requiring special skills or equipment and whose principal contracting business involves the use of specialized building trades or crafts.

Sworn statement. An affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty of perjury.

Vehicle. Every device in, upon, or by which any person or property is to 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.

(1975 Code, § 3-1.01) (Ord. 1978-279, effective 6-8-78)

Any person required to pay a business license tax under this chapter shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other provision of this Code and shall remain subject to the regulatory provisions of other chapters of this Code.

(1975 Code, § 3-1.201) (Ord. 1988-358, effective 4-7-88)

(A) Businesses. Nothing contained in this chapter shall be deemed or construed as applying to any person transacting, engaging in, and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state relating to the payment of the taxes prescribed in this chapter.

(1975 Code, § 3-1.203)

(B) Charitable organizations. Nothing contained in this chapter shall be deemed or construed to require the payment of any license tax by any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly by any person.

(1975 Code, § 3-1.204)

(C) Disabled veterans. Nothing contained in this chapter shall be deemed or construed to require the payment of any license tax by any honorably discharged or relieved veteran named in Cal. Bus. & Prof. Code §§ 16001 and 16001.5, respectively, as amended, who is physically unable to earn a livelihood by manual labor, and who is a voter or resident, respectively, of the state, and who desires to hawk, peddle, or vend goods, wares, or merchandise owned by him/her or to distribute circulars. Such disabled veterans shall file with the License Collector a certificate by a regularly licensed and practicing physician, dated within a month from such application, to the effect that such applicant is physically unable to obtain a livelihood by manual labor and stating the nature of such incapacitation.

(1975 Code, § 3-1.205) (Ord. 1988-358, effective 4-7-88)

The entry in and upon a private residence in the Town by any solicitor, peddler, street vendor, hawker, itinerant merchant, or transient vendor not having been previously requested or invited to do so by the owner and/or occupant of such private residence for the purpose of soliciting orders for the sales of contracts, services, goods, wares, or merchandise, and/or peddling or hawking the same, is hereby declared to be a public nuisance and punishable as such nuisance as a misdemeanor.

(1975 Code, § 3-1.206) (Ord. 1988-358, effective 4-7-88)

(A) The Town Clerk is hereby designated the License Collector of the Town.

(1975 Code, § 3-1.301)

(B) It shall be the duty of the License Collector to administer this chapter in accordance with the terms of this chapter. It shall further be the duty of the License Collector, and the License Collector shall have such powers, to require the regular and prompt licensing of all businesses regulated by this chapter and to cause the collection of the taxes therefor.

(1975 Code, § 3-1.302) (Ord. 1988-358, effective 4-7-88)

With the exception of a violation of Section 110.04, the violation of any provision of this chapter, including the failure to produce a license for inspection pursuant to Section 110.22(B), shall be an infraction, punishable as set forth in Sections 10.40 through 10.58 and 10.99 of this Code.

(1975 Code, § 3-1.503) (Ord. 1978-279, effective 6-8-78)