3-1A-27: WRITTEN REPORT:

   A.   Required: The Hearing Officer shall make findings of fact and conclusions of law as appropriate and issue a written report. The order must either affirm the Director's action or reverse and remand the Director's action for further proceedings. The Hearing Officer does not have authority to modify the Director's action. The Hearing Officer shall file the report with the Director, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The Hearing Officer shall transmit a copy of the report to all persons entitled to notice. The Hearing Officer shall cause an audio or video recording to be made of the hearing.

   B.   Time Limit: The Hearing Officer's report will be issued within fifteen (15) business days of the hearing, and shall become effective three (3) business days after the date the decision is mailed or hand delivered to the applicant or licensee. Failure of the Hearing Officer to issue a report within fifteen (15) business days shall not invalidate any suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-28: UNLAWFUL ACTS:

It shall be unlawful for any applicant or licensee, or any of his respective employees, agents or affiliates to:

   A.   Fraud, False Statements: Engage in fraud, misrepresentation or to make a false statement in an application for a license or an application for renewal of a license;

   B.   Failure To Obtain License Or Permit: Fail to obtain all required licenses and permits. Each day a person fails to obtain all required licenses shall constitute a separate violation;

   C.   Failure To Report: Fail to report a licensee's failure to maintain all of the qualifications and none of the disqualifications as required by this article or the pertinent licensing chapter or article;

   D.   Refusal Of Compliance Inspections: Refuse to allow the Chief of Police, City Clerk's Office or their designees to conduct compliance inspections; or

   E.   Violations: To violate any of the provisions of this article. (Ord. 39-15, 8-25-2015)

3-1A-29: RESPONSIBILITIES OF LICENSEES:

Every licensee is responsible for ensuring that his respective employees, agents and affiliates are familiar with the applicable policies, standards, laws and ordinances applicable to the license issued to him by the City. (Ord. 39-15, 8-25-2015)

3-1A-30: PENALTY:

The violation of any of the provisions of section 3-1A-28 of this article is punishable as a general misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this article may result in either the suspension or revocation of a license. (Ord. 39-15, 8-25-2015; amd. 2019 Code)

ARTICLE B. GOING OUT OF BUSINESS, CLOSING OUT SALES

SECTION:

3-1B-1: Definitions

3-1B-2: Applicability Of Regulations

3-1B-3: License Required

3-1B-4: Application For License

3-1B-5: License Fee, Term And Bond

3-1B-6: Duties Of Licensees

3-1B-7: Penalty

3-1B-1: DEFINITIONS:

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 or in article A of this chapter, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

APPLICANT: A person making application for a license or the renewal thereof.

COUNCIL: The Council of Boise City.

FIRE AND OTHER ALTERED GOODS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other like causes or means.

GOING OUT OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand the business will cease and be discontinued, such sale including, but not limited to, the following kinds of sales: adjustors; adjustment; alteration; administrators; assignees; bankruptcy; benefit of administrator or executor; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditors; end; executor; final days; force out; forced out of business; insolvency; insurance; last days; lease expires; liquidation; loss of lease; mortgage; receivers; trustees; and quitting business.

GOODS: Any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

LICENSE OFFICER: The City Clerk.

PERSON: A person, firm, partnership, association, corporation, company or organization of any kind.

REMOVAL OF BUSINESS OR CLOSING OUT SALE: A sale held in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City, or will then continue business from other existing locations in the City; provided, however, that the sale closing out of a line or type of goods not resulting in the cessation of the entire business shall not be deemed a removal of business or closing out sale. (1952 Code § 5-01-01; amd. 2019 Code)