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15 "Consumer" means any person in the City who purchases, uses, stores, <br />distributes or otherwise consumes tangible personal property or taxable services, <br />purchased from sources inside or outside the City. <br />16 "Contractor" means any person who shall build, construct, reconstruct, <br />alter, expand, modify, or improve any building, dwelling, structure, infrastructure, <br />or other improvement to real property for another party pursuant to an agreement <br />For purposes of this definition, Contractor also includes subcontractor. <br />17 "Cover Charge" means a charge paid to a club or similar entertainment <br />establishment which may, or may not, entitle the patron paying such charge to <br />receive tangible personal property, such as food and/or beverages <br />18. "Digital Product" means an electronic product including, but not limited <br />to: (1) "digital images" which means works that include, but are not limited to, the <br />following that are generally recognized in the ordinary and usual sense as <br />"photographs," "logos," "cartoons," or "drawings," (2) "digital audio-visual <br />works" which means a series of related images which, when shown in succession, <br />impart an impression of motion, together with accompanying sounds, if any, (3) <br />"digital audio works" which means works that result from the fixation of a series <br />of musical, spoken, or other sounds, including nngtones. For purposes of the <br />definition of "digital audio works", "nngtones" means digitized sound files that <br />are downloaded onto a device and that may be used to alert the customer with <br />respect to a communication, and (4) "digital books" which means works that are <br />generally recognized in the ordinary and usual sense as "books". <br />19. "Engaged in Business in the City" means performing or providing services <br />or selling, leasing, renting, delivering, or installing tangible personal property for <br />storage, use, or consumption within the City. Engaged in Business in the City <br />includes, but is not limited to, any one of the following activities by a person <br />(1) Directly, indirectly, or by a subsidiary, maintains a building, store, <br />office, salesroom, warehouse, or other place of business within the taxing <br />junsdiction, <br />(2) Sends one or more employees, agents or commissioned sales persons <br />into the taxing junsdiction to solicit business or to install, assemble, repair, <br />service, or assist in the use of its products, or for demonstration or other <br />reasons; <br />(3) Maintains one or more employees, agents or commissioned sales <br />persons on duty at a location within the taxing jurisdiction, <br />(4) Owns, leases, rents or otherwise exercises control over real or personal <br />property within the taxing jurisdiction, or <br />(5) Makes more than one delivery into the taxing jurisdiction within a <br />twelve month penod by any means other than a common carrier. <br />20. "Farm Closeout Sale" means full and final disposition of all tangible <br />personal property previously used by a farmer or rancher in farming or ranching <br />operations which are being abandoned. <br />Ordinance No 1739, Series 2017 <br />Page 4 of 31 <br />