CHAPTER 3
RESTAURANTS

SECTION:

4-3-1: Definitions

4-3-2: License, Fee Required; Transferability

4-3-3: Health Permit Required

4-3-4: Grading Of Restaurants

4-3-5: Inspections

4-3-6: Cleaning Materials

4-3-7: Communicable Disease

4-3-8: Penalty

4-3-1: DEFINITIONS:

The following definitions shall apply in the interpretation and the enforcement of this chapter:

HEALTH OFFICER: The duly appointed Health Officer or his deputy or a member or employee of the Central District Health Department.

LICENSE: A license issued by Boise City, which has not been suspended, or is not expired and which has been issued pursuant to the applicant having met, and continuing to meet, all of the requirements of this chapter.

LICENSING OFFICER: The City Clerk or designated appointee.

PERMIT: The duly issued permit, issued by the Central District Health Department, based on a inspection by a Health Officer of that department.

PERSON: Any individual, firm, corporation, partnership or association.

RESTAURANT: Any fixed facility at which any prepared, un-prepackaged food or drink are offered for consumption with or without charge on or off the premises, such as a sit-down eating and drinking establishment, coffee shop, cafeteria, short order cafe, luncheonette, tavern, soda fountain, grill, tea room, bar, cocktail lounge, night club, industrial feeding establishment, public or nonprofit organization or institution routinely serving food, catering kitchen, or commissary; provided, there shall not be included private clubs, fraternal and church organizations which do not serve or prepare meals more than once a week, or facilities operating solely as a vendor under title 3 of this Code.

UTENSILS: Any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving to the public.

(1952 Code § 8-05-01; amd. 2019 Code; Ord. 9-24, 3-26-2024)

4-3-2: LICENSE, FEE REQUIRED; TRANSFERABILITY:

It shall be unlawful for any person to operate a restaurant in the City who does not possess an unrevoked, unsuspended or unexpired license from the City Clerk's Office and in whose place of business such license is not posted in a conspicuous place. Licenses for fixed restaurants shall be issued by the City Clerk as of June 30 of the year in which issued, and shall remain in force for one year and no license shall be transferable. Licenses for mobile restaurants shall be issued by the City Clerk as of February 28 of the year in which issued, and shall remain in force for one year and no license shall be transferable. The annual nonrefundable fee for such license shall be in an amount established by the City Council and listed on the most current City Clerk license fee schedule. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such license. A license shall be suspended or revoked by the City Clerk upon receiving written confirmation from the Central District Health Department that the health permit has been suspended or revoked. (1952 Code § 8-05-02; amd. 2019 Code; Ord. 43-21, 10-5-2021)

4-3-3: HEALTH PERMIT REQUIRED:

It shall be unlawful to operate any restaurant, when not in possession of a valid health permit as provided by the laws of the State and this chapter, and every person so operating a "restaurant", as defined in section 4-3-1 of this chapter, shall have the health permit available to show the Health Officer, Licensing Officer or inspector of the State Department at any time when called for. A permit may be suspended by the Health Officer, or revoked after an opportunity for a hearing by the Health Officer, upon the violation by the holder of any of the terms of this chapter. (1952 Code § 8-05-06)