The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
Average number of persons employed. The average number of employees earning wages during pay periods ending the nearest fifteenth of each month as shown by Form DE3 of the state department of employment, or other form which may hereafter be adopted for reporting payments due under the Unemployment Insurance Act for each month of the previous calendar year, which shall be computed by totaling the number of employees and dividing that sum by twelve. If the employer has been in business less than one year, the average number of employees as shown by such form for the last quarter shall be used; if the employer has not been previously engaged in business the estimation of the average number of employees who will be employed during the remainder of the calendar year shall be used. In computing the "average number of persons employed," fractions of numbers shall be excluded.
Business. Professions, trades, occupations and all and every kind of calling carried on for profit or livelihood, including but not limited to warehousing.
Doing business. Actively engaged in any transaction for the purpose of financial or pecuniary gain or profit.
Employee. 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 and any and all other persons employed or working in the business.
Engaged in business. The conducting, managing or carrying on of any profession, trade, calling, occupation or commercial enterprise in the city licensed under the provisions of this chapter as owner, officer, agent, manager, employee, servant or lessee of any of them.
Motor vehicle. The meaning as defined in the state Vehicle Code.
(a) Any person, other than a bona fide salesman, or solicitor for any person engaged in business and licensed under other sections of this chapter, who sells, or offers for sale, goods, wares, or merchandise, either by going from place to place for the purpose of selling, or offering for sale, or by selling or offering for sale such goods from a stand, pack or vehicle, or in any door-way or entrance-way of any building, or upon any unenclosed lot or parcel of land.
(b) Peddler, in addition to the usual definition thereof, shall also mean any person dispensing, disbursing or distributing any comestible item in the city from a motor vehicle either from place to place, house to house, or street to street, at random or by a fixed route or preconceived schedule.
(c) Peddler shall include retail catering vehicles in or upon which hot or cold food or drinks are displayed, sold, served or offered for sale or serving.
Person shall include but not be limited to a sole proprietorship, partnership, joint venture, or corporation.
(Ord. No. 802, § 1; Ord. No. 868, § 1; Ord. No. 871; Ord. No. 1055, § 2, Ex. A.)
