Chapter 1

Business License Requirements

Articles

ARTICLE A - Business Licenses Generally

ARTICLE B - Going Out Of Business, Closing Out Sales

ARTICLE C - Excessive Price Increases During Emergency

ARTICLE A - Business Licenses Generally

3-1A-1: Legal Authority


Idaho Code sections 50-301 and 50-307 authorize the City to regulate occupations and businesses within the City. (Ord. 39-15, 8-25-2015)

3-1A-2: Purpose


The City finds that public health, safety and welfare require that certain occupations and businesses within the City be regulated without restraining, burdening or over regulating the businesses or occupations. The City issues a license pursuant to this article and the regulated business' pertinent licensing in this title, to assure, as is reasonably practicable, that each person and business licensed in accordance with this title is in substantial compliance with these minimum standards and procedures. The issuance of a license pursuant to this article, however, does not constitute a representation of any affirmance to any person who transacts business with a person or business licensed pursuant to this article that said licensee is free from risk. The City shall not be liable for nor shall a cause of action exist for any loss or damage based upon the failure of any person or business licensed under this article to meet the standards contained herein. (Ord. 39-15, 8-25-2015)

3-1A-3: Scope


This article sets forth policies, standards, requirements, and procedures applicable to all of the following persons, businesses, trades and occupations licensed or regulated by the City:

Topic Code Reference
Alarm installer and alarm installation service Title 3, chapter 12
Alcohol beverage catering Title 3, chapter 3
Alcoholic beverage Title 3, chapter 3
Auction house, auction sale, and auctioneer Title 3, chapter 8
Child care facility Title 3, chapter 6
Child care worker Title 3, chapter 6
Commercial driver Title 3, chapter 13, article B
Commercial vehicle Title 3, chapter 13, article B
Eating and drinking Title 4, chapter 3
Going out of business sale Title 3, chapter 1, article B
Immobilization agent Title 3, chapter 15
Immobilization service Title 3, chapter 15
Massage establishment Title 3, chapter 10
Non-aerial fireworks and public fireworks display Title 5, chapter 12
Non-commercial kennel Title 5, chapter 1
Non-consent towing services Title 3, chapter 16
Pawnbroker Title 3, chapter 7
Precious metal dealers Title 3, chapter 9
Private patrol agent Title 3, chapter 12
Private security service Title 3, chapter 12
Sidewalk cafe permit Title 3, chapter 4
Solicitor Title 3, chapter 2
Special events Title 3, chapter 17
Stationless shared mobility programs Title 3, chapter 14
Taxicab business Title 3, chapter 13, article A
Taxicab driver Title 3, chapter 13, article A
Taxicab vehicle Title 3, chapter 13, article A
Temporary merchant Title 3, chapter 2
Tree pruning and tree removal Title 7, chapter 2
Valet, both regular and special event Title 3, chapter 11
Vendor Title 3, chapter 2

(Ord. 35-19, 7-23-2019)

3-1A-4: Definitions


For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

APPLICANT: A person who applies for a license to engage in or operate a regulated business within the City.

CITY: The City of Boise City, Idaho.

CITY CLERK'S OFFICE: The Office of the City Clerk of the City or its designee.

CONVICTION: An individual is considered to have been convicted of a criminal offense for purposes of this title when:

A. A judgment of conviction, adjudication, or withheld judgment has been entered against the individual by any Federal, State, military, or local court;

B. There has been a finding of guilt against the individual by any Federal, State, military, or local court;

C. A plea of guilty or no contest by the individual has been accepted by any Federal, State, military, or local court; or

D. The individual has entered into or participated in first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld. This includes when the individual has entered into participation in a drug court, mental health court, domestic violence court, or other specialty court.

DIRECTOR: The Director of the Department of Finance and Administration or the Director's designee, who must be an employee of the City.

DISQUALIFYING CRIME: A conviction for a crime that results in a denial, revocation, or suspension of a license to an applicant or licensee.

DRIVING BUSINESS: A business where the primary nature of the business requires the applicant or licensee, his employees or agents to drive a motor vehicle in order to engage in or operate the business. The term "driving business" includes chapter 13, article B, "Commercial Transportation Vehicles"; chapter 16, "Nonconsent Towing Services"; chapter 13, article A, "Taxicabs"; and chapter 11, "Downtown Valet Parking", of this title.

GOOD CAUSE: A substantial reason that affords a legal excuse.

LICENSE: Written permission from the City to engage in or operate a business regulated by the City pursuant to this Code. The term "license" includes the word "permit".

LICENSEE: A person holding a valid license issued by the City Clerk's Office pursuant to this article.

LICENSING OFFICE OR OFFICER: The City Clerk's Office or its designee, who must be an employee of the City.

PERSON: Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity, including the State of Idaho and every political subdivision thereof.

PERTINENT LICENSE CHAPTER: The chapters in this Code specifically addressing the additional requirements, disqualifications, and substantive rules governing each regulated business listed in section 3-1A-3 of this article.

REGULATED BUSINESS: A business, trade, or occupation for which a license is required by this article.

REVOCATION: The permanent removal of a license.

SATISFACTORY DRIVING RECORD: A driving record that includes, but is not limited to, less than eight (8) points within twelve (12) months of applying for or renewing a license, and no suspensions or revocations of a driver's license within three (3) years of applying for or renewing a license.

SUSPENSION: The temporary removal of a license.

TIER 1 BUSINESS: The following are tier 1 businesses:

A. Alcoholic beverage;

B. Alcohol beverage catering;

C. Auction house, auction sale, and auctioneer;

D. Eating and drinking;

E. Going out of business sale;

F. Non-aerial fireworks, and public fireworks display;

G. Non-commercial kennel;

H. Sidewalk cafe permit;

I. Special events; and

J. Tree pruning and tree removal.

TIER 2 BUSINESS: The following are tier 2 businesses:

A. Immobilization agent;

B. Immobilization service;

C. Pawnbroker;

D. Precious metal dealers;

E. Non-consent towing services;

F. Temporary merchant;

G. Temporary merchant, seasonal; and

H. Vendor.

TIER 3 BUSINESS: The following are tier 3 businesses:

A. Alarm installer and alarm installation service;

B. Child care facility;

C. Child care worker;

D. Commercial driver;

E. Commercial vehicle;

F. Massage establishment;

G. Private patrol agent;

H. Private security service;

I. Solicitor;

J. Stationless shared mobility programs;

K. Taxicab business;

L. Taxicab vehicle;

M. Taxicab driver; and

N. Valet, both regular and special event. (Ord. 35-19, 7-23-2019)

3-1A-5: License Required


No person shall, wholly or in part, engage in or operate a regulated business within the City without first obtaining and maintaining, in full force and effect, all licenses required by the City in accordance with this Code. Every applicant or licensee must meet all of the qualifications and none of the disqualifications set forth in this article and in the pertinent license chapter or article. In the event of a conflict between this article and the pertinent license chapter or article, the stricter requirements shall govern. (Ord. 39-15, 8-25-2015)

3-1A-6: Application For License And Renewal


A. Manner, Form: Application for a license and application for renewal for a regulated business shall be made to the City Clerk's Office in such form and manner as may be prescribed.


B. Included Information: The written application for a license and application for renewal thereof shall include, at a minimum, the following:

1. The name and address of the applicant or licensee; and if a partnership, the name and address of the general partner; and if a corporation or association, the name and address of the agent for service of process; the name, physical and mailing address, e-mail address and phone number of the operating manager; and such other information as may be required.

2. The license desired, together with a description of the business, trade, occupation or profession.

3. Whether the applicant or licensee has had a similar license denied, suspended or revoked within the past five (5) years by the City, the State, or by any other city, county or state.

4. Whether the applicant or licensee has been convicted of any disqualifying crime, the type of offense, the location of the offense and the date of conviction.

5. The legal name of the proposed business, trade or occupation and any trade names, and the street address, if any, where the regulated business is to be undertaken.

6. Any other relevant information required by the pertinent license chapter or article and any other relevant information required by the City Clerk's Office.

7. A statement signed and sworn by the applicant or licensee, under penalty of perjury, that all information submitted is true and correct to the best of his knowledge.

8. Proof that the applicant or licensee is eighteen (18) years or older, unless otherwise specified in the pertinent license chapter or article.

9. If the proposed applicant or licensee is a corporation, proof that the corporation is registered and in good standing in the State.


C. Investigation: Upon receipt of an application for a license or application for renewal thereof, the City Clerk's Office shall cause an investigation to be made to the extent necessary to determine whether the applicant or licensee is qualified to be licensed in accordance with State law, this article and the pertinent license chapter or article.


D. Background Check: Persons who apply for a license included within a tier 2 or tier 3 business, as defined and set forth in section 3-1A-4 of this article, shall submit to a background check, which shall include fingerprinting. Pursuant to Idaho Code section 67-3008, the City Clerk shall forward fingerprints through the Idaho State Police to the Federal Bureau of Investigation (FBI) to conduct a national background investigation and criminal history check. Unless otherwise provided by law, criminal history records and the results of the background investigation received from the FBI are confidential and shall not be disseminated to any private person or entity. The criminal history and national background check may also include a check of the Idaho Department of Transportation driving records, and other states and jurisdiction records and findings. Criminal history checks on those persons under the age of eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the Magistrate Division of the District Court, County Probation Services, the Department of Health and Welfare and other records as may be required by the pertinent licensing chapter or article. The cost of taking and processing such fingerprints shall be borne by the applicant or licensee and is nonrefundable.


E. Change In Information: Every applicant or licensee must notify the City Clerk's Office in writing within ten (10) business days of any material change in information contained in his application for a license or application for renewal thereof, including, but not limited to, change of name, address, telephone number, employer, location of business office, registered agent, or addition or deletion of vehicles; provided, however, that if any of the individuals identified in sections 3-1A-10-1 through 3-1A-10-4 of this article is convicted of a disqualifying crime, the applicant or licensee shall notify the City Clerk's Office in writing within two (2) days of entry of such conviction.


F. Nonrefundable License Fee: Every application for a license required by this article or renewal thereof shall be accompanied by a nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule. The required license fee, and all other required costs and fees, shall be paid at the time of application for such license. (Ord. 39-15, 8-25-2015)

3-1A-7: Disposition Of Application And Renewal


The City Clerk's Office shall take action to approve or deny an application for a license, or application for renewal thereof, within sixty (60) days of the receipt of a completed application or completed application for renewal. (Ord. 39-15, 8-25-2015)

3-1A-8: Term Of License


A license issued by the City pursuant to this article is valid for one year from the date of issuance or renewal, unless stated otherwise in the pertinent license chapter or article, or on the license, or unless sooner revoked, suspended or relinquished. (Ord. 39-15, 8-25-2015)

3-1A-9: Failure To Disclose Information; Change Of Information


An applicant or licensee who knowingly omits, misrepresents or fails to provide any required information, or who fails to sign the application for a license or application for renewal, or who fails to disclose any material change in information, may be subject to denial, suspension or revocation of a license, or prosecution under this article, or a combination of any of the above. (Ord. 39-15, 8-25-2015)

3-1A-10: Disqualifying Crimes Or Circumstances

3-1A-10-1: Tier 1 Businesses


No applicant or licensee will be issued or renewed a license to engage in or operate a tier 1 business unless the applicant or licensee, or any of his employees, meets all of the qualifications and none of the disqualifications set forth in the pertinent license chapter or this article. (Ord. 39-15, 8-25-2015)

3-1A-10-2: Tier 2 Businesses


No applicant or licensee will be issued or renewed a license to engage in or operate a tier 2 business if, in addition to the disqualifiers listed in section 3-1A-10-1 of this article, the applicant or licensee, or any of his employees:


A. Revocation Of License: Has, within the five (5) years immediately preceding the date of application, had any license of the same or similar kind revoked by the City, the State or by any other city, county or state;


B. Warrant: Has an outstanding warrant for his arrest, detainment, extradition or deportment;


C. Felony Conviction: Has, within five (5) years prior to the date of making application for such license or application for renewal, been convicted of any felony; provided, however, that any applicant, licensee or any of his affiliates or employees, who has not had a prior conviction within the past five (5) years solely because he has been incarcerated shall be disqualified;


D. Specific Misdemeanors: Has, within the three (3) years immediately preceding the date of the application for such license or application for renewal, been convicted of any misdemeanor criminal violation involving theft, larceny or other dishonest act, including, but not limited to, misdemeanor forgery of and fraudulent use of a financial transaction card, misdemeanor forgery and counterfeiting, misdemeanor identity theft, misdemeanor insurance fraud, misdemeanor public assistance fraud in the State or in any other city or jurisdiction; provided, however, that any applicant, licensee or any of his affiliates or employees, who has not had a prior conviction within the past three (3) years solely because he has been incarcerated shall be disqualified; or


E. Probation, Parole: At the time of application is currently serving any term of felony probation or parole. (Ord. 39-15, 8-25-2015)

3-1A-10-3: Tier 3 Businesses


No applicant or licensee will be issued or renewed a license to engage in or operate a tier 3 business if, in addition to the disqualifiers listed in sections 3-1A-10-1 and 3-1A-10-2 of this article, the applicant or licensee, or his employees:


A. Sex Offender: Is required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8301 et seq., or the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8401 et seq.;


B. Specific Misdemeanors: Has, within three (3) years prior to the date of making application for such license or application for renewal, been convicted of any misdemeanor involving: the use of force against the person or property of another; the threat of force against the person of another; stalking, telephone harassment, or violations of protection orders or no contact orders; theft or larceny; the use, possession or sale of illicit drugs or drug paraphernalia; possession of a concealed weapon; or illicit sexual activity. Provided, however, that any applicant, licensee or any of his affiliates, or employees who has not had a prior conviction within the past three (3) years solely because he has been incarcerated shall be disqualified;


C. Specific Sexual Offenses: Has a conviction, whether felony or misdemeanor, involving the sexual battery of any person, sexual exploitation or sexual abuse of a minor or vulnerable adult, enticement of a minor, child pornography, kidnapping, lewd conduct with a minor, prostitution, rape or homicide; or


D. Domestic Violence: Is a respondent in a domestic violence protection order entered pursuant to Idaho Code title 39, chapter 63 after receiving notice of and an opportunity for hearing; provided, entry of an ex parte order pursuant to Idaho Code section 39-6301 et seq., shall not apply herein. (Ord. 39-15, 8-25-2015)

3-1A-10-4: Driving Businesses And Other Requirements


A. Suspended Or Invalid License: In addition to those disqualifications included within a license's tier, no applicant or licensee will be issued or renewed a license to engage in or operate a driving business while the applicant or licensee's driver's license is suspended or invalid.


B. Copy Of License And Driving Record: Each applicant or licensee must submit a copy of a valid State driver's license and a copy of that applicant's or licensee's driving record showing that the applicant or licensee has a satisfactory driving record. The driving record shall be dated not more than ten (10) days prior to the date the application is submitted.


C. Medical Certificate: Every two (2) years, each applicant or licensee for a driving business shall submit with the application a Department of Transportation medical card stating that the applicant or licensee has sufficient hearing, vision and general health such that the applicant or licensee is physically and mentally fit for the safe operation of a driving business. The medical card must be valid for at least eleven (11) months after the date the applicant or licensee submits his application.


D. Proof Of Insurance: No applicant or licensee shall be issued a license to operate a driving business until the applicant or licensee has provided proof of insurance as provided in the pertinent license chapter or article. (Ord. 39-15, 8-25-2015)

3-1A-11: Request For Exemption Review


A. Written Request: An applicant or licensee who is denied a license or whose license is not renewed may submit a written request for an exemption review.


B. Filing Time Limit: The request for an exemption review must be based upon good cause and filed with the City Clerk's Office at the time of application or within seven (7) business days upon denial of such application.


C. Information Required: The written request for an exemption review must state the applicant's or licensee's name, address and phone number, the remedy requested and must contain a concise written statement of the facts, circumstances and grounds for the requested exemption, and any supplemental information establishing suitability for licensure. Any decision to grant an exemption shall not be considered as precedent or be given any force or effect in any other proceedings. A request for an exemption review may be renewed annually.


D. Consideration: The City Clerk's Office shall consider the following factors or evidence in determining whether the applicant or licensee has shown good cause for granting an exemption:

1. The severity or nature of the crime or disqualifying circumstance;

2. The period of time that has passed since the crime or disqualifying circumstance under review;

3. The number or pattern of crimes or disqualifying circumstance or other similar incidents;

4. The circumstances surrounding the crime or disqualifying circumstance that would help determine the risk of repetition;

5. The relationship of the crime or disqualifying circumstance to the license;

6. The applicant's or licensee's activities since the crime or disqualifying circumstance under review, such as employment, education, participation in treatment, or any other factors which may be evidence of current rehabilitation;

7. The falsification or omission of information on the application form and other supplemental forms submitted; and

8. Any other information regarding rehabilitation or mitigating circumstances.


E. Applicant Bears Burden: The applicant or licensee shall bear the burden of establishing good cause for an exemption and his current suitability for a licensure.


F. Restrictions, Stipulations: When such an exemption is granted, the license may be issued with restrictions and stipulations. If the licensee does not fully comply with the restrictions, the license may be revoked or suspended. (Ord. 39-15, 8-25-2015)

3-1A-12: Notice Of Inability To Proceed


If, at the time of initial application or renewal, an applicant or licensee has a pending criminal action for a disqualifying crime or an outstanding warrant for his arrest, detainment, extradition or deportation, the City Clerk's Office shall issue a notice of inability to proceed. The applicant or licensee may submit documentation that the matter has been resolved and that the applicant or licensee qualifies for the license within sixty (60) days of notification. If the applicant or licensee fails to provide such notice, the application or renewal shall be deemed denied and the applicant must apply anew for the license. (Ord. 39-15, 8-25-2015)

3-1A-13: Transferability


A. Approval Required: A license to engage in or operate a regulated business shall not be transferred or leased without the written approval of the City Clerk's Office or unless authorized by the pertinent license chapter or article.


B. Nonrefundable Application Fee: A nonrefundable application fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule shall accompany the application for each transfer requested. (Ord. 39-15, 8-25-2015)

3-1A-14: Consent To Compliance Inspections


Every licensee consents to reasonable compliance inspections during its regular hours of business by the City Clerk's Office, Chief of Police or their respective designees to enter, free of charge, any place of business or to stop, in accordance with the law, any vehicle for which a license is required. The compliance inspections are solely for the purpose of determining whether the activity is being carried on in compliance with Federal and State laws and Municipal ordinances and to promote the public health, safety and welfare. (Ord. 39-15, 8-25-2015)

3-1A-15: Notice Of Violation


A. Issuance: Upon determining that a licensee is in violation of any Federal, State or local law, rule or regulation, but that the licensee does not pose an immediate threat of harm to the public health, safety or welfare, the City Clerk's Office may issue a notice of violation.


B. Notice Requirements: Every notice of violation issued pursuant to this article shall:

1. Conform to the same notice and service requirements as a notice of denial, suspension or revocation;

2. Include all of the information listed in a notice of denial, suspension or revocation;

3. Identify the corrective action that shall be taken to address the basis for the notice of violation;

4. State the date and time by which the required corrective action shall be completed;

5. State the date on which the license suspension or revocation will begin, and the length and terms of such a suspension, should the licensee fail to complete the required corrective action by the date and time specified in the notice of violation; and

6. Explain the licensee's opportunity to request an informal review, an administrative review hearing by the Director and a review hearing by a Hearing Officer to contest the proposed decision or action.


C. Failure To Correct; Suspension, Revocation: In the event a licensee, having received a notice of violation, fails to complete the corrective action stated in the notice of violation, his affected license shall be suspended or revoked as stated in the notice of violation without any further notice or action. The notice of suspension or revocation contained within the notice of violation shall suffice to provide notice of suspension or revocation.


D. Proof Of Completion: It shall be the duty of the licensee to provide proof of completion of the corrective action to the Licensing Officer. Failure to do so shall result in license suspension or revocation as stated in the notice of violation.


E. Rescind: Upon receipt of satisfactory proof of completion of the correction action, the Licensing Officer shall provide the licensee with written notice rescinding the possibility of the suspension or revocation as stated in the notice of violation. (Ord. 39-15, 8-25-2015)

3-1A-16: Notice Of Denial, Revocation Or Suspension


A. Registered, Certified Letter: If an application for a license is denied, suspended or revoked, a letter will be sent by registered or certified mail to the applicant's or licensee's address on file in the City Clerk's Office.


B. Included Information: Every notice of denial, suspension or revocation shall include a statement or description explaining:

1. The proposed decision or action, and if for suspension or revocation, the effective date of the proposed decision or action, which date shall not be less than ten (10) business days after the date of the notice unless the license is being suspended or revoked pursuant to section 3-1A-19 of this article; and for suspension, the time period for the suspension, which shall be no longer than six (6) months;

2. The reasons why the license is being denied, suspended or revoked;

3. That the applicant or licensee has the opportunity to request an informal review, an administrative review hearing by the Director and a review hearing by a Hearing Officer to contest the proposed decision or action;

4. If the applicant or licensee fails to request an informal review within ten (10) business days of the date of the notice, the licensee or applicant waives his opportunity to contest the proposed decision or action, and the action shall become final on the notice's effective date. (Ord. 39-15, 8-25-2015)

3-1A-17: Denial, Revocation Or Suspension Of License


In addition to any other penalty provided by this article, the pertinent license chapter or article, or by law, any license issued in accordance with this article may be denied, revoked or suspended for any of the following reasons:


A. Disqualifying Status; Driving Violations: Any one of the individuals identified in sections 3-1A-10-1 through 3-1A-10-4 of this article is convicted of a disqualifying crime; or any individual identified in section 3-1A-10-4 of this article fails to maintain a satisfactory driving record, fails to submit the required medical certificate, or fails to maintain and show proof of the requisite insurance coverages;


B. Failure To Comply: The licensee or applicant, or any of his partners, affiliates or employees fails to comply with any of the minimum standards, requirements, policies, or procedures set forth in this article or the pertinent license chapter or article;


C. Fraud Or Misrepresentation: The licensee obtained his license by fraud or misrepresentation;


D. Failure To Take Corrective Action: The licensee fails to take corrective action within the time frame specified in a notice of violation;


E. Contrary Use: The license is being or has been exercised contrary to the terms or conditions of the license;


F. Failure To Pay Fee: The licensee or applicant fails to pay any applicable fee imposed pursuant to this article or the pertinent license chapter or article;


G. Operation Detrimental: The licensee is operating the regulated business in such a manner as to be detrimental to the public health, safety and welfare. (Ord. 39-15, 8-25-2015)

3-1A-18: Stay Of Suspension Or Revocation


A. Effective Date: Absent an emergency as set forth in section 3-1A-19 of this article, the effective date of a proposed suspension or revocation shall be not less than ten (10) business days after the date of the notice, unless otherwise mutually agreed to between the City Clerk's Office and the licensee.


B. Denial: The decision of the City Clerk's Office to deny or not renew a license shall result in no stay and the decision shall become effective immediately. (Ord. 39-15, 8-25-2015)

3-1A-19: Emergency Suspension Or Revocation


A. Authority: Notwithstanding any other provision of this article, when, in the opinion of the City Clerk's Office, there is a clear and immediate threat to the health, safety or welfare of the public, there shall be no stay of the suspension or revocation. The City Clerk's Office shall prepare a written notice of suspension or revocation that includes a statement of the decision or action, an explanation of the reasons for the decision or action, the Code sections relied upon for the decision or action and an explanation of the licensee's rights to request an administrative review hearing from the Director and a review hearing by a Hearing Officer.


B. Administrative Review Hearing Request: The licensee shall have the right to request an administrative review hearing within ten (10) days of the emergency suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-20: Waiting Period Before Becoming Eligible To Reapply After Revocation


A licensee whose license was revoked may not reapply for a license until one year has elapsed from the date of notice of the revocation, the informal review, the written decision in an administrative review or the written decision following a hearing before a Hearing Officer, whichever is latest; such waiting period shall also apply to any applicant that is a partnership, association or corporation that includes a previously revoked licensee holding a ten percent (10%) or more interest in the partnership, association or corporation. A licensee's failure to accept, acknowledge or receive notice shall not invalidate the waiting period. (Ord. 39-15, 8-25-2015)

3-1A-21: Request For Informal Review By City Clerk's Office


A. Time For Filing: Upon receipt of a notice of denial, suspension, revocation or violation, an applicant or licensee may request an informal review by the City Clerk's Office within ten (10) business days after the date the decision is mailed or otherwise delivered to the applicant or licensee.


B. Information Required: A request for an informal review shall contain the following information:

1. The name of applicant or licensee;

2. If an existing licensee, the City applicant or license number; and

3. The reasons for which the review is requested set forth with specificity. (Ord. 39-15, 8-25-2015)

3-1A-22: Informal Review


A. Duty Of City Clerk's Office: If the City Clerk's Office receives a request for an informal review, the City Clerk's Office shall:

1. Review the decision or action and any information submitted by a licensee or an applicant; and

2. Communicate with the licensee or applicant if additional documentation or clarification is required.


B. Untimely Filing: The City Clerk's Office will refuse to consider any request for informal review that is not received within ten (10) business days of the date of the notice of denial, suspension, violation or revocation.


C. Licensee Failure To Respond: If the licensee fails to respond to communication requests, the decision or action shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.


D. Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the Licensing Officer was arbitrary or capricious.


E. Review Informal: The review shall be conducted informally. The City Clerk's Office shall review the decision or action and the reasons therefor with the applicant or licensee. The applicant or licensee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious.


F. Decision Time Limit: The City Clerk's Office decision with respect to a request for informal review will be issued within seven (7) business days of the receipt of the informal review request or upon receipt of additional documentation or clarification as requested.


G. Licensing Officer Not To Review: The informal review shall not be conducted by the Licensing Officer who issued the notice of violation, denial, suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-23: Request For Administrative Review By Director


A. Request For Review: If the applicant or licensee fails to obtain the relief requested in the informal review, or if the licensee's license is suspended or revoked pursuant to section 3-1A-19 of this article, the applicant or licensee may request an administrative review hearing by the Director.


B. Time Limit For Filing: A request for an administrative review must occur within seven (7) business days of the mailing or hand delivery of the final decision of the informal review to the applicant or licensee.


C. Information Required: A request for an administrative review shall contain the following information:

1. The name of applicant or licensee;

2. If an existing licensee, the City applicant or license number;

3. The reasons for which the review is requested set forth with specificity;

4. The applicant's or licensee's intent to be represented by legal counsel;

5. The remedy requested; and

6. The applicant's or licensee's availability for a hearing within the next seven (7) to fifteen (15) business days. (Ord. 39-15, 8-25-2015)

3-1A-24: Administrative Review Hearing


A. Duty Of Director: If the Director receives a request for an administrative review hearing, the Director shall:

1. Schedule a date for the hearing not more than fifteen (15) business days and not less than seven (7) business days after the Director receives the request;

2. Notify the licensee or applicant of the date, time and location of the hearing; and

3. State in the notice that the applicant or licensee must appear at and participate in the hearing in order to contest the violation, denial, nonrenewal, or the proposed suspension or revocation.


B. Untimely Filing: The Director will refuse to consider any request for review that is not received within seven (7) business days of the date of the mailing or hand delivery of final resolution of the informal review.


C. Failure To Appear: If the licensee fails to appear at the hearing, the decision or action shall become effective at twelve o'clock (12:00) midnight the day following the hearing.


D. Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the City Clerk's Office was arbitrary or capricious.


E. Informal Hearing: The hearings shall be conducted informally. The Director or his designee shall review the decision or action and the reasons therefor with the applicant or licensee. The applicant or licensee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious. The Director shall cause an audio or video recording to be made of the hearing.


F. Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the administrative review hearing, the Director shall enter a proposed decision of default upholding the denial, suspension or revocation. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Director finds substantial and reasonable.


G. Issuance Of Decision: The Director's written decision will be issued within seven (7) business days of the hearing. The Director's decision will include the reasons for his decision.


H. Effective Date: The Director's decision shall become effective ten (10) business days after the date the decision is mailed or hand delivered to the applicant or licensee. (Ord. 39-15, 8-25-2015)

3-1A-25: Review Of Director's Decision


A. Filing Time Limit: A licensee or applicant may request a review of the Director's decision by a Hearing Officer within ten (10) business days of the effective date of the Director's decision. (Ord. 39-15, 8-25-2015)


B. Information Required: A request for review of the Director's decision must be filed in writing and must include that information set forth in section 3-1A-23 of this article. In addition, the request for review must be accompanied by a copy of the decision or action that is the subject of the review, and identify all legal and factual basis of disagreement with the Director's decision. Requests for review must also include the applicant's or licensee's intent to be represented by legal counsel and include payment of a fee as established by the City Council. (Ord. 39-15, 8-25-2015; amd. 2019 Code)


C. Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the Licensing Officer was arbitrary or capricious.


D. Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the review hearing, the Hearing Officer shall enter a proposed decision of default. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Hearing Officer finds substantial and reasonable. (Ord. 39-15, 8-25-2015)

3-1A-26: Authority Of Hearing Officer


A. Consideration By Hearing Officer: The Hearing Officer will consider only information that was available to the Director at the time the decision was made. If a party shows with good cause that there is additional relevant information that was not presented to the Director, the Hearing Officer will remand the request for administrative review to the Director for reconsideration. No Hearing Officer has the jurisdiction to invalidate any Federal or State Statute, ordinance, rule or regulation, or court order. The Hearing Officer must defer to the Director's interpretation of statutes, ordinances, rules, regulations or policy unless the Hearing Officer finds the Director's interpretation to be contrary to the plain meaning of the statute or ordinance or an abuse of discretion.


B. Power To Regulate Proceedings: The Hearing Officer shall have and exercise the power to regulate the proceedings and to do all acts and to take all measures necessary or proper for the efficient performance of the Hearing Officer's duties under this article. The Hearing Officer shall have all powers of the City for the hearing of these matters, may issue subpoenas in the name of the City, may rule upon the admissibility of evidence, may put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath. (Ord. 39-15, 8-25-2015)

3-1A-27: Written Report


A. Required: The Hearing Officer shall make findings of fact and conclusions of law as appropriate and issue a written report. The order must either affirm the Director's action or reverse and remand the Director's action for further proceedings. The Hearing Officer does not have authority to modify the Director's action. The Hearing Officer shall file the report with the Director, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The Hearing Officer shall transmit a copy of the report to all persons entitled to notice. The Hearing Officer shall cause an audio or video recording to be made of the hearing.


B. Time Limit: The Hearing Officer's report will be issued within fifteen (15) business days of the hearing, and shall become effective three (3) business days after the date the decision is mailed or hand delivered to the applicant or licensee. Failure of the Hearing Officer to issue a report within fifteen (15) business days shall not invalidate any suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-28: Unlawful Acts


It shall be unlawful for any applicant or licensee, or any of his respective employees, agents or affiliates to:


A. Fraud, False Statements: Engage in fraud, misrepresentation or to make a false statement in an application for a license or an application for renewal of a license;


B. Failure To Obtain License Or Permit: Fail to obtain all required licenses and permits. Each day a person fails to obtain all required licenses shall constitute a separate violation;


C. Failure To Report: Fail to report a licensee's failure to maintain all of the qualifications and none of the disqualifications as required by this article or the pertinent licensing chapter or article;


D. Refusal Of Compliance Inspections: Refuse to allow the Chief of Police, City Clerk's Office or their designees to conduct compliance inspections; or


E. Violations: To violate any of the provisions of this article. (Ord. 39-15, 8-25-2015)

3-1A-29: Responsibilities Of Licensees


Every licensee is responsible for ensuring that his respective employees, agents and affiliates are familiar with the applicable policies, standards, laws and ordinances applicable to the license issued to him by the City. (Ord. 39-15, 8-25-2015)

3-1A-30: Penalty


The violation of any of the provisions of section 3-1A-28 of this article is punishable as a general misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this article may result in either the suspension or revocation of a license. (Ord. 39-15, 8-25-2015; amd. 2019 Code)

ARTICLE B - Going Out Of Business, Closing Out Sales

3-1B-1: Definitions


For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in article A of this chapter, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

APPLICANT: A person making application for a license or the renewal thereof.

COUNCIL: The Council of Boise City.

FIRE AND OTHER ALTERED GOODS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other like causes or means.

GOING OUT OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand the business will cease and be discontinued, such sale including, but not limited to, the following kinds of sales: adjustors; adjustment; alteration; administrators; assignees; bankruptcy; benefit of administrator or executor; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditors; end; executor; final days; force out; forced out of business; insolvency; insurance; last days; lease expires; liquidation; loss of lease; mortgage; receivers; trustees; and quitting business.

GOODS: Any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

LICENSE OFFICER: The City Clerk.

PERSON: A person, firm, partnership, association, corporation, company or organization of any kind.

REMOVAL OF BUSINESS OR CLOSING OUT SALE: A sale held in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City, or will then continue business from other existing locations in the City; provided, however, that the sale closing out of a line or type of goods not resulting in the cessation of the entire business shall not be deemed a removal of business or closing out sale. (1952 Code § 5-01-01; amd. 2019 Code)

3-1B-2: Applicability Of Regulations


Except as to an application for a fire and other altered goods sale made within thirty (30) days from the date such goods were damaged by fire, smoke, water or other like causes or means:


A. Persons Available To Apply: Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license, except that on the death of a person doing business in this City, his or her heirs, devisees or legatees shall have the right to apply for a license hereunder.


B. Sales Within One Year: Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year last past from the date of such application shall not be granted a license.


C. Branch Businesses: Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.


D. Persons Not Affected: The provisions of this article shall not apply to or affect the following persons:

1. Persons acting pursuant to an order or process of a court of competent jurisdiction;

2. Persons acting in accordance with their powers and duties as public officials;

3. Duly licensed auctioneers selling at auction; or

4. Any publisher of a newspaper, magazine or other publication, who publishes in good faith, any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this article have not been complied with. (1952 Code § 5-01-03)

3-1B-3: License Required


Except as to sales under judicial process and prior to obtaining a license to hold or conduct a sale pursuant to the provisions of this article, it shall be unlawful for any person to sell or offer to sell any goods at a sale to be advertised or held out by any means constituting any one of the following kinds:


A. Fire, distress and other altered stock sale;


B. Going out of business sale; and


C. Removal of business or closing out sale. (1952 Code § 05-01-02)

3-1B-4: Application For License


Application for a license to conduct a sale regulated by this article shall be made to the License Officer at least ten (10) days prior to such sale in such form and manner as prescribed by the Council, but containing at least the following information:


A. Personal Information: The name and address of the person for which an application is made and the name and address of the owner or owners (if a partnership or corporation, the names and addresses of partners, officers and managers) of the goods to be the object of the sale;


B. Length Of Time In Business: The length of time the person has been in business in the City and the length of time the person has been in business at the address at which the sale is to be held;


C. Previous Sales: Whether, and when, any sales enumerated by this article have previously been held by said applicant, including the date and location of said sales;


D. Manner Of Sale: A statement explaining the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;


E. Dates: The dates of the period of time within which the sale is to be held;


F. Location: A description of the place where said sale is to be held;


G. Inventory: An inventory describing generally the goods to be offered for sale at said sale. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, and any goods purchased within thirty (30) days before the filing of an application hereunder shall be deemed to have been goods ordered in contemplation of a sale regulated by this article. (1952 Code § 5-01-04)

3-1B-5: License Fee, Term And Bond


A. Application And Fee Submitted: An applicant for a license hereunder shall submit to the License Officer with his application a nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule.


B. Term Of License: The license, if the application is approved by the Licensing Officer, shall authorize the sale described in the application for a period of not more than sixty (60) consecutive days, Sundays and holidays excluded, following the date of issuance thereof.


C. Extension Of Term: Upon payment of an additional nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule, the License Officer may renew or extend a license for one period of time only, such period to be in addition to the period of time permitted in the original license, and such renewal shall not exceed thirty (30) consecutive days, Sundays and holidays excluded, when the Licensing Officer finds:

1. That facts existing justify the license renewal;

2. The licensee filed an application for renewal;

3. The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included on the original application and inventory;

4. The license or renewal thereof shall authorize only the type of sale described in the application at the location named therein;

5. The license shall authorize only the sale of goods described in the inventory attached to the application.


D. Bond Amount: The applicant for a license hereunder shall tender with the application a bond in the sum of one thousand dollars ($1,000.00) conditioned upon the observance of this article and for the indemnification of any purchaser at such sale who suffers a loss by reason of misrepresentation. (1952 Code § 5-01-05)

3-1B-6: Duties Of Licensees


A licensee hereunder shall have the duty to:


A. Additions Prohibited: Make no additions whatsoever during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.


B. Deceptive Advertising; Conduct Of Sale: Refrain from employing any untrue, deceptive or misleading advertising, and conduct the licensed sale in conformity with any advertising or holding out incident thereto.


C. Copy Of Inventory Available: Keep available at the place of sale a copy of the inventory submitted with the application and shall present such duplicate to the License Officer, his representative or any police officer upon request.


D. Other Goods Separate From Filed Inventory: Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction to the public by placing tags on all the inventoried goods in and about the place of sale apprising the public of the status of all such goods. Combining any additional or other goods with the goods inventoried shall cause the goods inventoried to lose its identity for the purposes of the sale and any such license issued shall cease to apply to the sale of such goods. (1952 Code § 5-01-06)

3-1B-7: Penalty


Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-01-07; amd. 2019 Code)

ARTICLE C - Excessive Price Increases During Emergency

3-1C-1: Excessive Price Increases Prohibited


Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, or for which a local disaster or emergency is declared by the President of the United States, Governor of Idaho, or the Mayor and/or Council, and for a period of thirty (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which exceeds ten percent (10%) of the highest price charged by such person, contractor, business or other entity for said goods or services in the ten (10) days immediately prior to the proclamation of emergency. Violation of this chapter is a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-37-01; amd. 2019 Code)