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)