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)

3-1A-11: REQUEST FOR EXEMPTION REVIEW:

   A.   Written Request: An applicant or licensee who is denied a license or whose license is not renewed may submit a written request for an exemption review.

   B.   Filing Time Limit: The request for an exemption review must be based upon good cause and filed with the City Clerk's Office at the time of application or within seven (7) business days upon denial of such application.

   C.   Information Required: The written request for an exemption review must state the applicant's or licensee's name, address and phone number, the remedy requested and must contain a concise written statement of the facts, circumstances and grounds for the requested exemption, and any supplemental information establishing suitability for licensure. Any decision to grant an exemption shall not be considered as precedent or be given any force or effect in any other proceedings. A request for an exemption review may be renewed annually.

   D.   Consideration: The City Clerk's Office shall consider the following factors or evidence in determining whether the applicant or licensee has shown good cause for granting an exemption:

      1.   The severity or nature of the crime or disqualifying circumstance;

      2.   The period of time that has passed since the crime or disqualifying circumstance under review;

      3.   The number or pattern of crimes or disqualifying circumstance or other similar incidents;

      4.   The circumstances surrounding the crime or disqualifying circumstance that would help determine the risk of repetition;

      5.   The relationship of the crime or disqualifying circumstance to the license;

      6.   The applicant's or licensee's activities since the crime or disqualifying circumstance under review, such as employment, education, participation in treatment, or any other factors which may be evidence of current rehabilitation;

      7.   The falsification or omission of information on the application form and other supplemental forms submitted; and

      8.   Any other information regarding rehabilitation or mitigating circumstances.

   E.   Applicant Bears Burden: The applicant or licensee shall bear the burden of establishing good cause for an exemption and his current suitability for a licensure.

   F.   Restrictions, Stipulations: When such an exemption is granted, the license may be issued with restrictions and stipulations. If the licensee does not fully comply with the restrictions, the license may be revoked or suspended. (Ord. 39-15, 8-25-2015)

3-1A-12: NOTICE OF INABILITY TO PROCEED:

If, at the time of initial application or renewal, an applicant or licensee has a pending criminal action for a disqualifying crime or an outstanding warrant for his arrest, detainment, extradition or deportation, the City Clerk's Office shall issue a notice of inability to proceed. The applicant or licensee may submit documentation that the matter has been resolved and that the applicant or licensee qualifies for the license within sixty (60) days of notification. If the applicant or licensee fails to provide such notice, the application or renewal shall be deemed denied and the applicant must apply anew for the license. (Ord. 39-15, 8-25-2015)

3-1A-13: TRANSFERABILITY:

   A.   Approval Required: A license to engage in or operate a regulated business shall not be transferred or leased without the written approval of the City Clerk's Office or unless authorized by the pertinent license chapter or article.

   B.   Nonrefundable Application Fee: A nonrefundable application fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule shall accompany the application for each transfer requested. (Ord. 39-15, 8-25-2015)

3-1A-14: CONSENT TO COMPLIANCE INSPECTIONS:

Every licensee consents to reasonable compliance inspections during its regular hours of business by the City Clerk's Office, Chief of Police or their respective designees to enter, free of charge, any place of business or to stop, in accordance with the law, any vehicle for which a license is required. The compliance inspections are solely for the purpose of determining whether the activity is being carried on in compliance with Federal and State laws and Municipal ordinances and to promote the public health, safety and welfare. (Ord. 39-15, 8-25-2015)

3-1A-15: NOTICE OF VIOLATION:

   A.   Issuance: Upon determining that a licensee is in violation of any Federal, State or local law, rule or regulation, but that the licensee does not pose an immediate threat of harm to the public health, safety or welfare, the City Clerk's Office may issue a notice of violation.

   B.   Notice Requirements: Every notice of violation issued pursuant to this article shall:

      1.   Conform to the same notice and service requirements as a notice of denial, suspension or revocation;

      2.   Include all of the information listed in a notice of denial, suspension or revocation;

      3.   Identify the corrective action that shall be taken to address the basis for the notice of violation;

      4.   State the date and time by which the required corrective action shall be completed;

      5.   State the date on which the license suspension or revocation will begin, and the length and terms of such a suspension, should the licensee fail to complete the required corrective action by the date and time specified in the notice of violation; and

      6.   Explain the licensee's opportunity to request an informal review, an administrative review hearing by the Director and a review hearing by a Hearing Officer to contest the proposed decision or action.

   C.   Failure To Correct; Suspension, Revocation: In the event a licensee, having received a notice of violation, fails to complete the corrective action stated in the notice of violation, his affected license shall be suspended or revoked as stated in the notice of violation without any further notice or action. The notice of suspension or revocation contained within the notice of violation shall suffice to provide notice of suspension or revocation.

   D.   Proof Of Completion: It shall be the duty of the licensee to provide proof of completion of the corrective action to the Licensing Officer. Failure to do so shall result in license suspension or revocation as stated in the notice of violation.

   E.   Rescind: Upon receipt of satisfactory proof of completion of the correction action, the Licensing Officer shall provide the licensee with written notice rescinding the possibility of the suspension or revocation as stated in the notice of violation. (Ord. 39-15, 8-25-2015)