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A. Formula Business Uses. For purposes of this chapter, “formula business use” is a business which is required by contractual or other arrangement or affiliation to maintain a standardized (“formula”) array of services and/or merchandise, menu, employee uniforms, decor, facade design, signage, color scheme, trademark or service mark, name, or similar standardized features; and which causes it to be substantially identical to 25 or more other businesses in the United States regardless of ownership or location at the time that the application is deemed complete.

B. Other Definitions.

Color scheme” means selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

Decor” means the style of interior furnishings, which may include, but is not limited to, style of furniture, wall coverings or permanent fixtures.

Facade” means the face or front of a building, including awnings, looking onto a street or an open space.

Ground floor street front” means that portion of a building within 75 feet of a public street.

Service mark” means word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

Signage” means a sign pursuant to this title.

Standardized array of merchandise” means 50 percent or more of in-stock merchandise from a single distributor bearing uniform markings.

Standardized array of services” means a substantially common menu or set of services priced and performed in a consistent manner.

Trademark” means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

Uniform apparel” means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks, dresses, hats, and pins (other than name tags) as well as standardized colors of clothing. (Ord. 1111, 2018)