(a) âSmall businessâ means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services, transportation and warehousing, manufacturing, generation and transmission of electric power, or a health care facility, unless excluded in subdivision (b), that is both of the following: (1) Independently owned and operated. (2) Not dominant in its field of operation. (b) âSmall businessâ does not include the following professional and business activities: (1) A financial institution including a bank, a trust, a savings and loan association, a thrift institution, a consumer finance company, a commercial finance company, an industrial finance company, a credit union, a mortgage and investment banker, a securities broker-dealer, or an investment adviser. (2) An insurance company, either stock or mutual. (3) A mineral, oil, or gas broker. (4) A subdivider or developer. (5) A landscape architect, an architect, or a building designer. (6) An entity organized as a nonprofit institution. (7) An entertainment activity or production, including a motion picture, a stage performance, a television or radio station, or a production company. (8) A utility, a water company, or a power transmission company generating and transmitting more than 4.5 million kilowatt hours annually. (9) A petroleum producer, a natural gas producer, a refiner, or a pipeline. (10) A manufacturing enterprise exceeding 250 employees. (11) A health care facility exceeding 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts. (c) âSmall businessâ does not include the following business activities: (1) Agriculture, where the annual gross receipts exceed one million dollars ($1,000,000). (2) General construction, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000). (3) Special trade construction, where the annual gross receipts exceed five million dollars ($5,000,000). (4) Retail trade, where the annual gross receipts exceed two million dollars ($2,000,000). (5) Wholesale trade, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000). (6) Services, where the annual gross receipts exceed two million dollars ($2,000,000). (7) Transportation and warehousing, where the annual gross receipts exceed one million five hundred thousand dollars ($1,500,000).
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