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(A) Every person, acting as a "peddler" as defined in section 4.1.2 of this title, shall apply to the city for a peddler's license as required by this chapter. The application for such permit shall be filed with the city clerk not less than eight (8) weeks prior to the first day upon which sales are intended to occur. An application for such license shall be made to the city clerk in such form and manner as provided by the city clerk's office and will include the following:
1. Name and description of the applicant; if the applicant is an association, company, or corporation, then it shall submit a separate application for each natural person who will be acting as a peddler in the city, and each shall receive and maintain a separate permit;
2. Address, both legal and local;
3. A brief description of the nature of the business and of the goods or services to be sold or rented, or the goods to be purchased;
4. If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant; and, if the net income of the peddler's operations will be payable to someone other than the peddler, but not an employer, the name and address of that payee;
5. The date or dates for which the permit is requested;
6. If a vehicle is to be used, a description of the same, together with its registered license plate number and to whom it is registered;
7. The proposed method of operation;
8. State sales tax number, federal tax number, and driver's license number of applicant;
9. Submit to a photograph to be used as identification of the applicant, showing the head and shoulders of the applicant in a clear and distinguishable manner;
10. The license application fee.
(B) The fee for the license or permit shall be set from time to time by resolution of the city council, and shall provide for per diem and for per annum fees. Such fees shall be nonrefundable.
(C) Upon receipt of an application for a peddler's license under this chapter, the application shall be referred to the McCall police department which shall conduct an investigation to determine the suitability of the applicant to be licensed. The investigation shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police and the federal bureau of investigation pursuant to Idaho Code section 67-3008 and congressional enactment public law 92544. The McCall police department shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police bureau of criminal identification for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho state police. The McCall police department is authorized to receive criminal history information from the Idaho state police and from the federal bureau of investigation for the purpose of evaluating the fitness of an applicant for licensure. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. The applicant shall pay, in advance, the fees required by the Idaho state police bureau of criminal identification for the criminal records check.
(D) It is unlawful for any person to act as a "peddler" as defined in section 4.1.2 of this title within McCall city limits without first complying with the following requirements and obtaining a peddler's license. No person shall be issued a peddler's license 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 been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, or is currently on probation or parole, 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 a 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 five (5) years prior to the date of making application for such license, convicted of, paid any fine, placed on probation, or currently is on probation or parole, 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 misdemeanor, involving:
(a) The use of force against the persons or property of another;
(b) The threat of force against the persons of another;
(c) Theft or larceny;
(d) Stalking, telephone harassment, or violations of protection orders or no contact orders;
(e) The use, possession, or sale of illegal drugs; or possession of paraphernalia;
(f) Contributing to the delinquency of a minor;
(g) Possession of a concealed weapon; or
(h) Illegal sexual activity.
5. Has an outstanding warrant at the time of such application.
6. Has had a similar license revoked by the city or any other city of this state or of the United States within the preceding five (5) years. No license shall be granted to any applicant nor may a licensee maintain an existing license in good standing where satisfactory proof is submitted that such applicant violates the laws of the city while engaged in the business activity regulated by this chapter.
7. A peddler's 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 city clerk's office if any event, subsequent to the issuance of a peddler's license, renders the licensee ineligible or unqualified for such a license.
8. Fails or refuses to provide the information or fingerprints requested during the investigative portion of the process conducted by the McCall police department.
9. Fails the investigative portion of the process conducted by the McCall police department.
(E) The city, upon receipt of payment of the proper peddler's license fees, and other required information as specified, and upon compliance with the requirements of this chapter, shall issue a peddler's license.
(F) Those exempt from requiring a peddler's license are school age children selling various fundraising items including, but not limited to, Girl and Boy Scouts, school sponsored sporting or music events, school age clubs such as Optimists. Also exempt are those affiliated with religion and politics. (Ord. 938, 12-17-2015)