TITLE 3
LICENSES AND PERMITS

CHAPTER 1
BUSINESS LICENSE REQUIREMENTS

ARTICLE A. BUSINESS LICENSES GENERALLY

SECTION:

3-1A-1: Legal Authority

3-1A-2: Purpose

3-1A-3: Scope

3-1A-4: Definitions

3-1A-5: License Required

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

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

3-1A-8: Term Of License

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

3-1A-10: Disqualifying Crimes Or Circumstances

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

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

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

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

3-1A-11: Request For Exemption Review

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

3-1A-13: Transferability

3-1A-14: Consent To Compliance Inspections

3-1A-15: Notice Of Violation

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

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

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

3-1A-19: Emergency Suspension Or Revocation

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

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

3-1A-22: Informal Review

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

3-1A-24: Administrative Review Hearing

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

3-1A-26: Authority Of Hearing Officer

3-1A-27: Written Report

3-1A-28: Unlawful Acts

3-1A-29: Responsibilities Of Licensees

3-1A-30: Penalty

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 Planning and Development Services 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; and

   K.   Vendor.

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; and

   G.   Temporary merchant, seasonal.

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; amd. Ord. 9-24, 3-26-2024; Ord. 26-24, 10-1-2024)