17.10.260 - General description of commercial activities.

Commercial Activities include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Activities; and the administrative and research operations of private, profit-oriented firms, other than public utility firms. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.270 - General food sales commercial activities.

General Food Sales Commercial Activities includes the retail sales of food or beverages for off-site preparation and consumption. This classification includes but is not limited to the following:

A.

Supermarkets or grocery stores that that offer a variety of food items for home consumption such as a combination of fresh fruits, vegetables, breads, meat, dairy products, cereals, pastas, and prepackaged foods. Generally, grocery stores are a minimum five thousand (5,000) square feet and have a minimum twenty percent (20%) of net retail floor area devoted to the display of fresh fruits and vegetables/and or fresh meats, whichever is greater.

B.

Stores specializing in particular or distinctive food items, including, but not limited to retailers whose primary business maintains an inventory of specialty, gourmet, health, or ethnic food items. Examples of activities in this classification include but are not limited to the following:

•  Gourmet food stores;

•  Bakeries;

•  Butchers;

•  Specialty food stores;

•  Fish and poultry shops;

•  Produce markets;

•  Delicatessens (may include sandwich shops in conjunction with the sale of other delicatessen products);

•  Health food stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.272 - Full service restaurant commercial activities.

Restaurants providing food or beverage services to patrons who order and are served while seated (table service), and pay after eating. Only a minor proportion, if any, of the food is sold for consumption off-premises. These restaurants have kitchens that contain equipment suitable for cooking an assortment of foods. Also, see 17.102.210 and 17.156.070 for definitions of a full-service restaurant in relation to Alcoholic Beverage Sales. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.274 - Limited service restaurant and cafe.

Restaurants that generally provide food or beverage services to patrons that order and pay before eating. Food and beverages may be served in disposable containers and may be consumed on the premises or taken out. Seating for on-premises consumption is usually available and table service may not be provided. Examples of these activities include, but are not limited to, cafes and restaurants that do not fall under 17.10.272 Full Service Restaurant or 17.10.280 Fast-food Restaurant Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.280 - Fast-food restaurant commercial activities.

A.

Fast-Food Restaurant Commercial Activities include the retail sale of ready-to-eat prepared foods and beverages, for on- or off-premises consumption, whenever the foods and beverages are available upon a short waiting time and are primarily served in or on disposable wrappers, containers, or plates. Fast-Food Restaurants may also exhibit other design and operating characteristics, including: (A) a limited menu; (B) food is typically ordered and served at a service counter; (C) food is paid for prior to consumption; (D) the facility in which the activity/use is occurring provides a take-out counter space and space for customer queuing. They also include certain activities accessory to the above, as specified in Section 17.10.040

B.

The sale of ready-to-consume prepared foods from trucks, pushcarts or other movable equipment located on private property on a semi-permanent basis during hours of operation. Vehicular food vending generally has the following characteristics:

•  Food is ordered and served from a take-out counter that is integral to the catering truck;

•  Food is paid for prior to consumption;

•  Catering trucks, pushcarts or other movable equipment from which the food is sold typically have a take-out counter and space for customer queuing;

•  Food and beverages are served in disposable wrappers, plates or containers; and

•  Food and beverages are prepared and sold for off-site consumption.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note—

Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, renumbered the former Sections 17.10.280 (Convenience market commercial activities) and 17.10.290 (Fast-food restaurant commercial activities) as Sections 17.10.290 and 17.10.280, respectively. The historical notation has been preserved for reference purposes.

17.10.290 - Convenience market commercial activities.

Convenience Market Commercial Activities include the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but exclude delicatessens and other specialty food shops, establishments that have a sizeable amount of highly perishable items such as fresh fruits and vegetables, fresh-cut meat. In general, "late hours of operation" means businesses that stay open until or after 10:00 p.m. or at or before 7:00 a.m.; "relatively small building" means a building that is less than five thousand (5,000) square feet; and "a sizeable amount of highly perishable items" means at least twenty percent (20%) of net retail floor area devoted to fresh fruits and vegetables and/or fresh meats, whichever is greater, devoted to these products. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note—

See editor's note at Section 17.10.280

17.10.300 - Alcoholic beverage sales commercial activities.

Alcoholic Beverage Sales Commercial Activities include the retail sale, for on- or off-premises consumption, of liquor, beer, wine, or other alcoholic beverages, but exclude full-service restaurants. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.320 - Mechanical or electronic games commercial activities.

Mechanical or Electronic Games Commercial Activities include the provision of pinball machines, video game devices, or other mechanical or electronic games, as defined in the Oakland Municipal Code, where the games can be played or operated by the public or by customers; but exclude the provision of such games in a pool or billiard room or bowling alley for which a permit is required pursuant to Chapter 5.02 of the Municipal Code and from which persons under eighteen (18) years of age are barred at all times by the owner or operator, or in premises which are licensed by the State Department of Alcoholic Beverage Control for on-sale consumption of alcoholic beverages and which do not lawfully allow minors. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.330 - Medical service commercial activities.

Medical Service Commercial Activities include the provision of therapeutic, preventive, or corrective personal treatment services by physicians, dentists, psychotherapists, and other practitioners, as well as the provision of medical testing and analysis services. They also include certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.340 - General retail sales commercial activities.

General Retail Sales Commercial Activities include the sales of items generally for personal or household use, but excludes activities more specifically described in other classifications. This activity does not include establishment where more than five percent of net retail floor area is devoted to food products. Examples of activities in this classification include but are not limited to the following:

•  Book and magazine, music, and video stores;

•  Pharmacy that sells prescription and non-prescription drugs along with miscellaneous retail items;

•  Florists;

•  News stand;

•  New and used clothing and shoes stores;

•  Department stores;

•  Electronics and appliance stores;

•  Furniture and home furnishing stores;

•  Gift shops;

•  Hardware and paint stores;

•  Hobby supply stores;

•  Auto parts stores, excluding service or installation;

•  Jewelry stores;

•  Luggage and leather goods stores;

•  Office supply and stationary stores;

•  Sporting goods stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.345 - Large-scale combined retail and grocery sales commercial activities.

Large-Scale Combined Retail and Grocery Sales Commercial Activities include the retail sale from the premises of goods and merchandise, primarily for personal or household use, from stores whose total sales floor area exceeds one hundred thousand (100,000) square feet, and which devote more than ten percent (10%) of sales floor area to the sale of non-taxable merchandise, but exclude wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. This classification excludes the sale or rental of motor vehicles, except for parts and accessories, and the sale of materials used in construction of buildings or other structures, except for paint, fixtures, and hardware. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.350 - Consumer service commercial activities.

Consumer Service Commercial Activities include the provision of services of a personal nature, but exclude activities more specifically classified elsewhere. Examples of activities in this classification include but are not limited to the following:

•  Barber shops;

•  Beauty salons;

•  Laundromats;

•  Nail salons;

•  Full service laundry service and dry cleaners (not including dry cleaning plants);

•  Shoe shine stands;

•  Tailors;

•  Tanning salons;

•  Tattoo parlors;

•  A pharmacy that exclusively sells prescription drugs, non-prescription drugs, and other medical related products.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13042, § 4(Exh. A), 10-19-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.360 - Consultative and financial service commercial activities.

Consultative and Financial Service Commercial Activities include the provision of financial, mortgage, insurance, retail bank branch, consumer oriented tax services, and real estate brokerage services, other than the services classified as Civic Activities or described in Sections 17.10.330 (Medical Service), 17.10.400 (Business, Communication, and Media Service), and 17.10.420 (Research Service Commercial Activities). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.365 - Check cashier and check cashing activity.

Check cashier and check cashing activity includes:

A.

A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. A "check cashier" also includes the business of deferred deposits whereby the check cashier refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code Section 1789.33, as amended.

B.

"Check cashier" or "check cashing activity" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashier" or "check cashing activity" also does not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cashes checks or issues money orders for a minimum flat fee, not exceeding two (2) dollars, as a service to its customers that is incidental to its main purpose or business. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.370 - Consumer cleaning and repair service commercial activities.

Consumer Cleaning and Repair Service Commercial Activities include the cleaning or repair of household appliances, furniture, and similar items; but exclude establishments that include on-site dry cleaning or repair of motor vehicles and of structures. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.375 - Consumer dry cleaning plant commercial activities.

Dry Cleaning Plant Commercial Activities includes the on-site dry cleaning of personal apparel and similar items with or without consumer drop-off and pick-up. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.380 - Group assembly commercial activities.

Group Assembly Commercial Activities include the provision of instructional, amusement, or similar services of a nature to group assemblages of people. This classification does not include any activity classified in 17.10.160 Community Assembly Civic Activities, 17.10.170 Recreational Assembly Civic Activities, or 17.10.180 Community Education Civic Activities. Examples of activities in this classification include but are not limited to the following:

•  Yoga, martial arts, driving school, job training, and other instructional classes in facilities with two thousand (2,000) square feet or more of classroom or instructional space;

•  Drive-in theaters;

•  Theaters or venues with three thousand (3,000) square feet or more of floor area;

•  Temporary carnivals, fairs, and circuses;

•  Cabarets, night clubs, dance halls, and pool halls;

•  Banquet halls;

•  Fitness clubs with two thousand (2,000) square feet or more of floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.385 - Personal instruction and improvement and small scale entertainment commercial activities.

The provision of informational, instructional, personal improvement and similar services of a nature. This classification also includes theaters where less than three hundred (300) people are viewing an individual stage or screen. This classification does not include any activity classified as 17.10.180 Community Education Civic Activities or 17.10.380 Group Assembly Civic Activities. Examples of activities in this classification include but are not limited to the following:

•  Yoga, martial arts, driving school, job training, and other instructional classes in facilities with less than two thousand (2,000) square feet of classroom or instructional space;

•  Fitness clubs with less than two thousand (2,000) square feet of floor area;

•  Theaters or venues with less than three thousand (3,000) square feet of floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.390 - Administrative commercial activities.

Administrative Commercial Activities include the professional, executive, management, administrative, and clerical activities of private firms, other than public utility firms. This classification includes, but is not limited to, administrative corporate headquarter offices, business offices, and the offices of investment firms. Examples of activities in this classification include but are not limited to the following:

•  Cultural and advocacy offices;

•  Law firms;

•  Accounting;

•  Advertising;

•  Architectural and engineering consulting firms;

•  Management consulting firms;

•  Computer consulting;

•  Software design;

•  Data management and billing services offices;

•  Administrative offices of non-profit organizations.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.400 - Business, communication, and media service commercial activities.

Business, Communication, and Media Service Commercial Activities include the provision of services of a clerical, goods brokerage, communication, or minor processing nature such as digital and print production, photocopying, audio and video editing, and mailing services. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.410 - Broadcasting and recording service commercial activities.

Broadcasting and Recording Service Commercial Activities include the recording or broadcasting of music or video performed in studios. This category does not include transmission towers. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.420 - Research service commercial activities.

Research Service Commercial Activities include research of an industrial or scientific nature, other than medical testing and analysis and routine product testing, which is offered as a service or which is conducted by and for a private profit-oriented firm, other than a public utility firm. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.430 - General wholesale sales commercial activities.

General Wholesale Sales Commercial Activities include the storage and sale, from the premises, of bulk goods, as well as the storage of such goods on the premises and their transfer therefrom to other firms or individuals; but exclude sale or storage of motor vehicles, except for parts and accessories, and sale or storage of materials used in construction of buildings or other structures. This classification does not include hardware or paint stores. This classification also excludes activities under Section 17.10.345 (Large-Scale Combined Retail and Grocery Sales Commercial Activity). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.440 - Transient habitation commercial activities.

Transient Habitation Commercial Activities include the provision of lodging services to transient guests on a less-than-weekly basis, other than in the case of activities classified by Section 17.10.120 Semi-Transient Residential Activities or Section 17.10.125 Bed and Breakfast Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.450 - Building material sales commercial activities.

Building Materials Sale and Service includes the sale of bulk building and landscaping supplies. This classification includes but is not limited to sales of heating, air conditioning, electrical and plumbing equipment, soil, soil amendments, lumber, gravel, or other similar building materials. Landscaping and building materials are commonly stored outside. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.460 - Automobile and other light vehicle sales and rental commercial activities.

Automobile and Light Truck Sales, Rental, and Delivery Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of small passenger vehicles and light trucks that have a gross vehicle weight less than fourteen thousand (14,000) pounds such as cars, sports utility vehicles, motorcycles, pickup trucks, vans, light trucks, boats and RVs. This classification also includes the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle. Delivery activities that include use of more than two (2) on-site tow trucks are excluded from this classification and included in the Warehousing, Distribution and Storage or Outdoor Storage classification. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.470 - Automobile and other light vehicle gas station and servicing commercial activities.

Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities include the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles that have a gross vehicle weight less than fourteen thousand (14,000) pounds and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires, batteries, automotive accessories, and replacement items, lubricating services, and performance of minor repairs. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.480 - Automobile and other light vehicle repair and cleaning commercial activities.

Automobile and Other Light Vehicle Repair and Cleaning Commercial Activities include the major repair or painting of motor vehicles that have a gross vehicle weight less than fourteen thousand (14,000) pounds, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.485 - Taxi and light fleet-based service commercial activities.

Passenger transportation services, local delivery services, and other businesses that rely on fleets of three or more vehicles with a rated capacity of less than twelve thousand five hundred (12,500) pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, airport shuttles, medical transport, local messenger and document delivery services, janitorial services, and similar businesses. This classification does not include towing operations except for tow truck services where vehicles are taken to off-site locations. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.490 - Automotive fee parking commercial activities.

Automotive Fee Parking Commercial Activities include the parking and storage of motor vehicles on a fee basis, other than the operation of parking facilities by a Civic Activity. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.500 - Transport and warehousing commercial activities (does not apply to the CIX-1, CIX-2, IG, or IO zones).

Transport and Warehousing Commercial Activities include the provision of warehousing and storage, freight handling, shipping, and trucking services. This classification does not apply to the CIX-1, CIX-2, IG, or IO zones. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.505 - Animal boarding commercial activities.

Animal Boarding Commercial Activities include any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of dogs, cats, pets, or other domestic animals for profit, but exclusive of animals used for agricultural purposes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.510 - Animal care commercial activities.

Animal Care Commercial Activities include the provision of animal care and treatment wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.520 - Undertaking service commercial activities.

Undertaking Service Commercial Activities include the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 12939, § 4(Exh. A), 6-16-2009)