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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)
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)
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)
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)
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