§ 5.04.010. Definitions.

The following terms shall be defined as indicated for the purpose of this chapter:

Business. Except as specifically exempted herein, the term "business" means and includes every trade, occupation, profession or activity, for the manufacture, provision, sale or exchange of goods and/or services, engaged in within the city with the object of gain or economic profit [including but not limited to the sale of agricultural produce; the provision of child care as that term is defined in Chapter 39a of Title 26 of Utah Code Annotated (1953, as amended); and any other gainful or for-profit trade, occupation, profession or activity where the city is or has not been specifically preempted from regulating and licensing the same by state or federal law]—excluding, however, the acts of employees rendering service to employers.

1.

When more than one type of such trade, occupation, profession or activity is engaged in at a particular location (i.e., same parcel of real property of the city), each type that requires the filing of a separate federal or state tax form or schedule shall constitute a separate business hereunder.

2.

When such trade, occupation, profession or activity is engaged in at different locations (i.e., different parcels of real property within the city limits of the city), each such location shall constitute a separate business hereunder.

Charitable organization, for purposes of this chapter, shall mean and include any and all charitable organizations or entities which have been classified as tax-exempt under state law of the state and under federal law of the United States of America, and only while carrying out an act which is within the scope of such tax-exempt status and where no profit is directly or indirectly derived by any person.

Employee means and includes all natural persons who work for an employer for salary or commission or wages, and who are subject to the direction and control of such employer, and who do not share the profits and losses of such employer. It includes all full-time officers of public agencies.

Person means and includes individuals, groups of individuals, associations, partnerships, firms, corporations, or any combination thereof.

Place of business means a place maintained or occupied by the licensee for the transaction of business. It does not include a place in which goods of the licensee are kept for storage or display only if no services are rendered, business transacted, or sales consummated at such place.

Solicitation and solicitor shall have the following meaning herein:

1.

"Soliciting" or "solicitation" shall mean and include the act or instance of requesting, petitioning, and/or seeking to obtain something of commercial value, gain or economic profit, in person, by e-mail or Internet, by telephone, or otherwise.

2.

"Solicitor" means any person, firm or corporation selling, soliciting or taking orders for goods, wares, merchandise, books, periodicals, subscriptions, photographs or services from location to location.

Temporary use shall mean and include such uses as are proposed to exist for a relatively short period of time (as defined in Section 7-2 of the Development Code of American Fork City, Utah); provided, that such uses shall generally exist or be permitted to exist for ten days or less, and that no such uses (without council approval, upon a showing of extraordinary justifications therefor) shall exist or be permitted to exist for more than four months during a calendar year. Such uses include, but are not limited to, seasonal uses such as Christmas tree lots, firework stands, and snow cone stands, as well as bazaars, boutiques, and open-air markets (sometimes referred to as "flea markets" or "swap meets"); and shall not occur, operate, be conducted, or be allowed on public right-of-ways or properties without the express written permission of the governmental entity owning or administering the same on behalf of the public.

(Ord. No. 98-01-07, § 1(part), 1998; Ord. No. 2005-01-04, §§ I, II, 1-11-2005)