A. License Required: It shall be unlawful for any person to own, lease, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a commercial transportation vehicle within the City unless a valid business license pursuant to this article has been issued. (1952 Code § 5-03-02)
B. Application Required; Background Check: Application for such license shall be made to the Office of the City Clerk in such form and manner as may be prescribed, but the application shall include: the name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders or agent; the name of the operating manager; proof of a valid driver's license; a statement of the number of vehicles to be operated and each vehicle identification number; a listed telephone number; and such other information as may be required.
C. Investigation: Upon receipt of an application for a license, the Office of the City Clerk shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to hold a commercial transportation service business license and to own, lease, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a commercial transportation vehicle.
D. Persons Prohibited: No person shall be issued a license to engage in the business of owning, leasing, conducting, operating or maintaining a commercial transportation vehicle when that person:
1. Is under the age of eighteen (18) years;
2. 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., and the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8401, et seq.;
3. Has ever been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony involving the use or threat of violence against the person of another, or any felony involving the sexual enticement of minors;
4. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony not covered by subsection D3 of this section;
5. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, or sentenced to confinement (including options in lieu of confinement) for any misdemeanor involving:
a. The use of force against the person or property of another;
b. The threat of force against the person of another;
c. Stalking, telephone harassment or violations of protection orders or no contact orders;
d. Theft or larceny;
e. The use, possession or sale of illicit drugs;
f. Possession of a concealed weapon;
g. Illicit sexual activity; or
h. Driving under the influence of alcohol or drugs.
6. Has, at the time of such application, an outstanding warrant; or
7. Has had a similar license revoked by this City or any other city of this State, or of the United States, within the preceding three (3) years.
E. Drivers Required To Maintain Commercial Driver's License: In addition to obtaining a commercial transportation service business license, the licensee shall ensure that all drivers of the business' commercial transportation vehicles continually maintain and conspicuously place within the commercial transportation vehicle a commercial transportation service driver's license. The operation of a commercial transportation vehicle by a driver without a valid commercial transportation service driver's license shall subject the commercial transportation service business license to suspension or revocation.
F. Qualifications Of Partners, Members: The affirmative showing required with respect to the qualifications of an applicant shall also be required to be made with respect to each partner of a partnership application and to each incumbent officer, director or member of the Governing Board of a corporation or association application.
G. Qualifications Maintained: A commercial transportation service business license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application, and a licensee must continue to have and maintain all the qualifications and none of the disqualifications provided herein throughout the license period. It shall be the duty of the licensee to immediately notify the Licensing Office if any event, subsequent to the issuance of a commercial transportation service business license, renders the licensee ineligible or unqualified for such a license. Failure to continually maintain said requirements throughout the duration of the license may result in the suspension or revocation of the business license.
H. Telephone Number Required: The applicant must maintain a telephone number which is answered during the hours his commercial transportation service is in operation, and such telephone number must be provided to the Office of the City Clerk. Such telephone number may be an answering service.
I. Issuance Of License; Provisional License: If the applicant meets all of the qualifications and none of the disqualifications, the City Clerk shall issue, upon application and payment, a commercial transportation service business license. A provisional license may be issued pending completion of the required investigation.
J. Display Of License: A copy of the commercial transportation service business license must be conspicuously placed within each commercial transportation vehicle. (1952 Code § 5-03-02; amd. Ord. 38-15, 8-25-2015; Ord. 53-20, 1-12-2021)