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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
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)
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 |
Topic | Code Reference |
Alarm installer and alarm installation service | |
Alcohol beverage catering | |
Alcoholic beverage | |
Auction house, auction sale, and auctioneer | |
Child care facility | |
Child care worker | |
Commercial driver | |
Commercial vehicle | |
Eating and drinking | |
Going out of business sale | Title 3, chapter 1, article B |
Immobilization agent | |
Immobilization service | |
Massage establishment | |
Non-aerial fireworks and public fireworks display | |
Non-commercial kennel | |
Non-consent towing services | |
Pawnbroker | |
Precious metal dealers | |
Private patrol agent | |
Private security service | |
Sidewalk cafe permit | |
Solicitor | |
Special events | |
Stationless shared mobility programs | |
Taxicab business | |
Taxicab driver | |
Taxicab vehicle | |
Temporary merchant | |
Tree pruning and tree removal | |
Valet, both regular and special event | |
Vendor | |
(Ord. 35-19, 7-23-2019)
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)
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)
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)
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)
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)
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