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Commission agent, broker or merchant shall mean any person engaged in the business of buying and selling
<br />of goods, wares, or merchandise for the owner or consignee thereof for a fee or commission, whether or not the
<br />operation of such business customarily includes the actual possession, custody or control of goods, wares or
<br />merchandise to the extent that such person (1) does not engage in the business of manufacturing, refining,
<br />fabricating, milling, treating or other processing of the goods, wares or merchandise bought and sold, and does not
<br />cause said goods, wares or merchandise to be manufactured, refined, fabricated, milled, treated or otherwise
<br />processed; (2) does not obtain or retain title to said goods, wares or merchandise except during one or more of the
<br />following situations: while such goods, wares or merchandise are actually in transit, or for short periods of time
<br />before transportation commences or after it ceases; and (3) does not store or warehouse such goods, wares or
<br />merchandise except during one or more of the following situations: while such goods, wares or merchandise are
<br />actually in transit, or for short periods of time before transportation commences or after it ceases.
<br />Contractor shall mean any person who is licensed as a contractor by the State of California and who
<br />undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or
<br />does himself or by others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any
<br />building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do
<br />any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The
<br />term contractor as used in this Chapter includes general engineering contractor, general building contractor,
<br />specialty contractor and subcontractor except as otherwise specified herein.
<br />Cost of doing business shall mean that amount which is equivalent to the volume of business performed,
<br />where the business of any local office, facility, agent, broker or employee is that of performing administrative or
<br />management related services in connection with sales or services performed or rendered elsewhere. Said amount
<br />shall be computed by determining the total cost of maintaining said local office, facility, agent, broker or
<br />employee. Said total cost of maintaining said local office, facility, agent, broker or employee shall include, but is
<br />not limited to, the wages, salaries, commissions, bonuses, rent, and/or depreciation, telephone, postage, utilities,
<br />janitorial and other expenses allocated for maintenance of said office, facility, agent, broker or employee.
<br />Cost of said premises shall mean that amount which is equivalent to the cost directly related to maintaining
<br />any single-family residential rental property or other undivided single residential rental premises where said cost is
<br />shared between the owner or leaseholder and any other individual or individuals as co -residents or where said
<br />cost is borne by an immediate relative related by blood, adoption or marriage as resident. The term immediate
<br />relative as used herein shall be limited to the following classes of individuals: mothers and fathers, grandmothers
<br />and grandfathers, sons and daughters, grandsons and granddaughters, brothers and sisters, and husbands and
<br />wives. Said amount shall include, but is not limited to: mortgage costs, title and homeowner property insurance
<br />premiums, property taxes, homeowner or condominium association costs; other costs or expenses arising from
<br />contractual obligations relating to maintaining ownership or leasehold interest in said premises; and the cost of
<br />utilities, maintenance or other related services for which the owner or leaseholder is liable.
<br />Disabled veteran shall mean any honorably discharged member of the armed forces of the United States,
<br />who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the state.
<br />Employee shall mean all individuals who are engaged in the operation or conduct of any business and whose
<br />consideration for services rendered is in the form of a regular salary or wage.
<br />Engaged in business shall mean the transacting and carrying on, managing or operating of a business
<br />whether done as owner or by means of an officer, agent, manager, employee or lessee.
<br />Fixed place of business shall mean the premises primarily occupied for the particular purpose of conducting
<br />the business thereat and regularly kept open for that purpose with a competent person in attendance for the
<br />purpose of attending to such business, except that an auto -car wash, auto-laundromat or similar self-service
<br />business shall be considered a "fixed place of business" whether or not anyone is in attendance, and a warehouse
<br />shall be considered a "fixed place of business" whether or not anyone is in attendance and whether or not the
<br />premises is regularly kept open.
<br />City of Santa Ana RFP No. 23-165 Page 66 of 196
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