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Ordinance No. 2244 Page 5 of 19 5.12.030 Evidence of doing business. When any person: (A) by the use of signs, circulars, cards, telephone books, internet or newspapers, advertise, hold out or represent that the person is conducting business in the city; (B) holds an active license or permits issued by a governmental agency indicating that the person is conducting business in the city; or (C) owns and/or maintains a fixed place of business in the city, or rents or leases real property within the city, for business purposes for the benefit or partial benefit of the person; and (D) makes a sale, takes an order, delivers goods as a private carrier to any destination within the city, renders a commercial service or performs any similar act within the city, such facts shall be considered prima facie evidence that the person is conducting business in the city. This includes, but is not limited to, persons who use a Pleasanton address for licensing by federal, state or other public agencies, even if business is done off-site out of Pleasanton or business only leases temporary space in Pleasanton. 5.20.020 Business not susceptible to measuring the license tax by gross receipts. A. In addition to other taxes required under this title, every person conducting or carrying on in the city the operation of a nonrevenue producing business shall pay a license tax as specified in the license tax schedule in Section 5.24.040 based on the total of all expenses incurred by the business during the course of the period covered by the business license in question. This includes, but is not limited to, gross payroll (including benefits), utilities, rent, supplies, consultants and other contracted services (including, but not limited to: legal counsel, marketing, technical support, etc.), insurance, depreciation and equipment. B. Startup companies shall pay a license tax based on operating expenses until revenues equal or exceed expenses. At that point gross receipts shall become the basis of tax. C. Nonrevenue producing businesses shall pay a business license tax based on operating expenses. D. A portion of a business which is a separate and clearly defined nonrevenue producing business may be taxed separately under this classification. As to a contractor with an office located in Pleasanton, the contractor will be taxed separately based on office operating expenses. 6.18.035 Operation of commercial marijuana or hemp delivery. In addition to the other prohibitions in this chapter, all commercial deliveries of nonmedical marijuana and hemp that either originate or terminate within the city are expressly prohibited. Beginning January 1, 2024, the commercial delivery of medical marijuana to a qualified patient, or that patient's primary caregiver, is permitted pursuant to California Business and Professions Code §§26320 et. seq. 9.04.070 Daytime exceptions. Any noise which does not produce a noise level exceeding 70 dBA at a distance of 25 feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.04.030, 9.04.040 and 9.04.060(A) of this chapter between the hours of 8:00 a.m. and 8:00 p.m. daily, except Sundays and holidays, when the exemption herein shall apply between 10:00 a.m. and 6:00 p.m. The noise limits in this chapter shall not apply to the regularly scheduled pick up of trash, garbage, recycling, green waste, organics and the removal of fats, oils and grease required by Chapter 15.44.