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Boise, ID Code of Ordinances
CITY CODE of BOISE CITY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS, COMMISSIONS, COMMITTEES
TITLE 3 LICENSES AND PERMITS
CHAPTER 1 BUSINESS LICENSE REQUIREMENTS
CHAPTER 2 VENDORS, SOLICITORS, TEMPORARY MERCHANTS
CHAPTER 3 ALCOHOLIC BEVERAGES
CHAPTER 4 SIDEWALK CAFES
CHAPTER 5 [RESERVED]
CHAPTER 6 CHILDCARE FACILITIES
CHAPTER 7 PAWNBROKERS
CHAPTER 8 AUCTIONS AND AUCTIONEERS
CHAPTER 9 PRECIOUS METAL DEALERS
CHAPTER 10 MASSAGE ESTABLISHMENT LICENSING
CHAPTER 11 DOWNTOWN VALET PARKING
CHAPTER 12 PRIVATE SECURITY SERVICE
CHAPTER 13 TRANSPORTATION BUSINESSES
CHAPTER 14 [RESERVED]
CHAPTER 15 VEHICLE IMMOBILIZATION ON PRIVATE PROPERTY
CHAPTER 16 NONCONSENT TOWING SERVICES
CHAPTER 17 SPECIAL EVENTS
CHAPTER 18 NEWS RACKS
CHAPTER 19 FESTIVAL BLOCKS
CHAPTER 20 FILM PERMITS
CHAPTER 21 [RESERVED]
CHAPTER 22 SHORT-TERM RENTALS
TITLE 4 HEALTH AND SANITATION
TITLE 5 PUBLIC SAFETY
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 AIRPORT
TITLE 9 BUILDING CODES AND REGULATIONS
TITLE 10 PUBLIC UTILITIES
TITLE 11 DEVELOPMENT CODE
PARALLEL REFERENCES
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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)
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