Chapter 12.40 DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT
Section 12.40.030 Definitions.
Unless it is apparent from the context that another meaning
is intended, the following words,
when used in this chapter, shall have the meaning ascribed to them by this section.
"Auto dealers" means businesses dealing in the sale
of motor vehicles, both new and used, and
shall include dealers in trucks, farm implements and all other types of motorized equipment that
is moved by motor power on wheels or tracks; but does not include sale of motor vehicle parts
when not accompanied by the sale of motor vehicles by the same business.
"Amusement" means any type of business conducted for
amusement purposes for which an
admission or other charge is made for the purpose of enjoying such amusement. This shall be
deemed to include operators or lessees of amusement-type vending machines of all kinds.
"Bars" means any place of business that maintains
and sells or dispenses any type of alcoholic
beverage at "on-sale," as that term is defined by the Alcohol Beverage Control Act of the
state of
California.
"Financial, lending and securities institutions" means
all financial, lending or security
institutions.
"Hotels and motels" means the type of businesses devoted
to human lodging on a transient
basis as distinguished from apartment houses, roominghouses and other types of concerns that
provide human lodging on a more permanent basis.
"Number of employees" means all persons engaged in
the operation or conduct of any
business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor,
or salesman, regardless of basis of compensation, and any and all other persons employed or
working in such business, including, but not limited to, students and apprentices working in
connection with instruction in any business, for which service the owner, operator or
management receives compensation or a thing of value. In determining the number of employees,
the number of hours worked by all employees during the entire preceding fiscal year shall be
added together and the sum thereof divided by two thousand. Any remainder or fraction shall not
be considered; provided, however, that any amount below the first two thousand hours shall be
considered as two thousand hours and, in such event, the business in question shall pay a tax
using one employee as a basis for computing the tax due. Any employee who is paid for working
away from the business location for more than fifty percent of the time for which he is paid
during a fiscal year, shall be deemed an exempt employee, and his time shall not be included in
the computation above; except, that a business in which all employees qualify for the exemption
shall pay a tax using one employee as a basis for computing the tax due.
"Professional and services" includes, but is not necessarily
limited to, the following: persons
or businesses engaging in a pursuit or activity professionally, news and advertising media,
printers, photographers, but not photo supplies, real estate brokers, beauty and barber shops, light
manufacturing, buildings, service stations, repair and servicing, renting and leasing, laboratories,
including dental and optical, hearing aid services, utilities, artists and designers, and vending
machine businesses. Offices of nonprofit organizations which have paid staff are included in this
category.
"Restaurant" means any establishment where food is
prepared for human consumption either
on or off the premises.
"Retail businesses" means all businesses not specifically
included within other definitions set
out in this section and which at least in part sell at retail in the regular course of business. The
fact that a substantial part or most of its business consists of other than retail sales does not
exclude the business from this classification. To "sell at retail" as used in the definition
of this
classification means the making of a "retail sale" or a "sale at retail" as those
terms are defined in
the Sales and Use Tax Law of the state of California. Retail operations of nonprofit organizations
are included in this category.
"Theaters" means any place where a theater business
is conducted, containing a permanent
stage or in which motion pictures are exhibited and other exhibitions are presented where an
admission charge is made. (Ord. 450 § 2 (part), 1990: prior code § 6A-3)