A. It is unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of any "auto transportation service", as the same is defined in section 5.20.020 of this chapter, within the city, unless a valid business license therefor has been issued by the city as provided in this chapter and said license is in current full force and effect.
B. Application for such business license shall be made to the city clerk on a form containing such information as the city may require, which information shall include, without limitation:
1. 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; the name of the operating manager; a statement of the number of vehicles to be operated; a listed telephone number;
2. Proof of insurance, as required by section 5.20.040 of this chapter;
3. A proposed schedule of fares; and the original certificate or certificates of inspection, executed by the chief of police, as required by section 5.20.080 of this chapter.
C. In order to determine an applicant's suitability for an auto transportation service business license, an applicant who has not been licensed, pursuant to this chapter, within the previous twelve (12) months shall be required to be fingerprinted by the Idaho bureau of criminal identification. Upon receipt of a satisfactory record check on the state level, fingerprints shall be forwarded to the federal bureau of investigation for a national criminal history record check. Pending the results of the fingerprint background check on the federal level and upon recommendation of the chief of police, and approval by the city, a temporary auto transportation service business license may be issued to the driver by the city clerk. A permanent license shall be issued upon satisfaction and completion of the background check. The cost of taking and processing such fingerprints shall be borne by the applicant. Where an applicant presents proof of a current records check submission with another local agency, within the same year that the application is filed, such applicant shall be exempt from the fingerprint requirement upon approval by the chief of police.
D. No person shall be issued a business license to engage in the business of operating and maintaining an auto transportation service when that person:
1. Is under the age of twenty one (21) years;
2. Is not the bona fide owner of such business;
3. Has been, within the three (3) years prior to the date of making application for said license, convicted of, or received a withheld judgment, probation or forfeited a bond for failure to appear for any felony or misdemeanor charge in this or any other state of the United States involving:
a. The use of force against the person or property of another;
b. The threat of force against the person of another;
c. Theft or larceny;
d. The use, possession or sale of illicit drugs;
e. Possession of a concealed weapon;
f. Illicit sexual activity;
g. Driving a motor vehicle under the influence of alcohol or drugs; or
h. Reckless driving;
4. Has, at the time of application, an outstanding warrant;
5. Has had a similar license revoked by this city or any other city of this state, or of the United States, within the past three (3) years;
6. No auto transportation service business license shall be granted to any applicant where satisfactory proof is submitted that such applicant operates motor vehicles in an unskillful, dangerous or reckless manner, or habitually uses liquor or drugs, or who repeatedly violates the laws of the city or state relating to traffic or to this chapter;
7. The city council may, in its discretion, waive the disqualification provided in this subsection upon a finding that by virtue of the nature of the crime committed by the applicant, the applicant's qualifications to engage in the business of operating an auto transportation service are not called into question.
E. 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 officer, director or member of the governing board of an applicant corporation or association.
F. The business license of any auto transportation service not operating for thirty (30) consecutive days shall be deemed abandoned, and such license shall revert to the city for reissue unless the owner or agent of such auto transportation service notifies the city clerk prior to the expiration of the thirty (30) days that such auto transportation service is not in service due to major mechanical or structural damage requiring in excess of thirty (30) days to repair. In the event that such notification is given, the licensee shall have a reasonable period of time to place said vehicle(s) back in service. In the event that said vehicle(s) is not placed back in service within a reasonable period of time, to be determined by the city, such auto transportation service license shall be deemed abandoned and shall revert to the city for reissue. Those auto transportation service owners who are sole operators, employ no employees, and do not lease their vehicle, or who operate a temporary limousine service, may in writing request permission from the city council to exceed the thirty (30) days not in service limit under special emergency circumstances.
G. The city clerk, with recommendation from the chief of police, and approval of the city council, shall issue an auto transportation service license to the applicant for such license as set forth in sections 5.20.040 through 5.20.060 of this chapter.
H. Upon denial of any auto transportation business license application under this chapter, the applicant shall have the right to appeal said denial in writing to the city council within fifteen (15) days of receipt of denial. The council may, upon findings of fact, grant or refuse such license.
I. At the time the holder of an auto transportation business license issued under this chapter shall apply for any renewal of said license, he must possess all of the qualifications and none of the disqualifications provided in this chapter. (Ord. 1252, 2019; Ord. 757 § 2, 2000; Ord. 586 § 1, 1991; Ord. 456 § 3, 1982)