§ 11-1. Definitions.

For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:

Agent means the person having the agency for the manufacturer, producer or distributor.

Business means any business, trade, occupation, profession, corporation or calling, of any kind, subject, by the provisions of this chapter, to a license tax.

Closing-out sale means all sales advertised represented or held under the designation of "going-out-of-business," "bankruptcy sale," "selling out," "fire sale," "liquidation," and the like, where it is implied that "going-out-of-business" is possible or anticipated, where closing-out is referred to in any way, or where it is implied that the business conditions are so difficult that the seller is forced to conduct the sale. See (subsection 11-14 and subsection 11-24(13) "bankruptcy").

Engaged in business within the city means engaged in a business activity of any type, either as owner or operator of the business, by:

(1)

Maintaining a business location within the city to include sales offices, etc.

(2)

Soliciting business within the city through advertisement in local newspapers, handbills, etc.

(3)

Picking up or delivering merchandise or performing services within the city.

(4)

See section 11-5 "License required".

Fiscal year the period beginning with the first day of july and ending with the thirtieth day of June.

Gross sales means all earnings, receipts, fees, commissions, brokerage charges, rentals and income whatsoever, arising from or growing out of the conduct of the business, occupation or profession licensed under this chapter, during the license tax year immediately preceding the license tax year for which the tax is being computed. New businesses not having been in business twelve (12) months may be required to estimate gross sales/receipts. Merchants tax (retail, wholesale), service (companies or consultants), janitorial cleaning, landscape and child care centers shall be charged a fee based on gross sales or receipts, for each store or place of business.

Peddling, as nuisance means the practice of going in and upon businesses and private residences in the city by solicitors, peddlers, or transient vendors of merchandise, without having been requested or invited to do so by the owner or occupant of said business and private residences for the purpose selling or disposing of goods, wares and merchandise in an aggressive manner is declared "to be a nuisance" and punishable for such, as a misdemeanor.

Soliciting alms or begging charity for a livelihood as nuisance:

(1)

It shall be unlawful for any person to engage in the business of soliciting alms, or begging charity, for his or her own livelihood, upon the streets or sidewalks of the city or any other public place, within the corporate limits of the city.

(2)

It shall be unlawful for a person to sell or "take-orders" for any product or service, as an indirect method of soliciting alms.

Proration of license fees all licenses shall be prorated after January 1st with the exception of beer/wine, chain, directories and mapping, peddlers and itinerants (out-of-town merchants coming into the city to sell who provide a service or entertainment for a period of less than six (6) months, including carnivals, specialty markets, circuses, special sales, hypnotists, etc.) and all license fees less than five dollars ($5.00).

(Ord. No. 2001-10, § 1, 2-6-01)