Loading...
CHAPTER 01 Title 4 Business Licenses CHAPTER 1 BUSINESS LICENSES SECTION: 4-1-1: License Required 4-1-2: Form of License 4-1-3: License Fees Payable in Advance 4-1-4: Application for License 4-1-5: Temporary License 4-1-6: Approval of License 4-1-7: License Nontransferable 4-1-8: Separate License Required 4-1-9: Licenses, Denial, Suspension or Revocation 4-1-10: Licenses to be Displayed 4-1-11: Expiration Date 4-1-12: Penalty 4-1-1: LICENSE REQUIRED: No person shall operate, conduct, or engage in any industry, vocation, occupation, trade, or other business subject to the provisions of this Title without first obtaining an appropriate license from the City. Licenses shall be issued upon payment of the fees, which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time and upon the applicant's compliance with the applicable provisions of this Title and upon approval of the City Council. All licenses shall be a personal privilege of the holder. Except as expressly provided in this Title, a license shall become null and void if the holder ceases to personally supervise, conduct, and operate the trade or business for which the license has been issued. Unless otherwise provided in this Title, no license fee or any part thereof may be refunded even though the licensee does not operate for the period or any portion of the period for which the license was issued. Prior to the issuance of a business license the City Clerk shall provide the application to the following departments for review; Building Department, Fire Department, Public Works Department and Zoning Department. No license shall be issued to any business or location that is out of compliance with any City Code. Under criteria following adopted policy which shall be approved by resolution, business license fees may be waived for certain not for profit organizations. EXCEPTION: Offices or businesses operated by the State of Idaho or the Federal Government shall be exempt from the business license fee. These businesses shall continue to be licensed and provide all required information required of a business license to the City Clerk. Title 4 Chapter 1 Page 1 of 4 Revised 07-2021 4-1-2: FORM OF LICENSE: The City Clerk shall prepare license forms for licenses issued under this Title. The license shall specify the holder's name, the type of business licensed, the principal place of business of the licensee and the expiration date of the license. The Clerk shall account for all licenses signed by the Mayor, shall countersign the licenses and deliver the licenses to licensees. The City Clerk shall collect all license fees and promptly deliver them to the City Treasurer. The City Treasurer shall issue a receipt for any license fees received from the Clerk. 4-1-3: LICENSE FEES PAYABLE IN ADVANCE: License fees shall be paid in advance at the office of the City Clerk. The applicable fees for the license applied for shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-1-4: APPLICATION FOR LICENSE: Any person desiring to obtain any license provided for in this Title shall submit an application as provided by the City Clerk. The application together with the license fee shall be delivered to the City Clerk. The City Clerk shall prescribe the form of the application. The application shall contain the following information: (A) Applicant's full name, form of doing business (i.e. sole proprietorship, partnership or corporation), and the name under which the business is to be conducted; (B) Applicant's state of residence and principal place of business; (C) Applicant's business and residential mailing addresses and telephone numbers; (D) The street address within the City where each place of business is to be conducted; (E) The nature of the business to be licensed; (F) Any other information required by this Title or by the Clerk in order to determine the applicant's fitness or qualifications for the license; and (G) In this ordinance wherein reference is made to the Chief of Police, if the City shall have contracted for law enforcement services, such term shall be deemed to include and refer to the officer in charge of the services provided for the City under the law enforcement contract. 4-1-5: TEMPORARY LICENSE: Upon receipt of the affirmative recommen- dation of the all applicable City Division Directors, the Clerk may approve a temporary license to any applicant. Such temporary license shall expire upon the issuance or denial of a license by the Clerk or at the expiration of ninety (90) days after the date such temporary license was approved, whichever is sooner. Temporary licenses shall not be issued for any license requiring a background check. Title 4 Chapter 1 Page 2 of 4 Revised 07-2021 4-1-6: APPROVAL OF LICENSE: Upon receipt of application for a business license the Clerk shall forward the application and any necessary documents to the Fire Department, Zoning Department and any other agencies or departments necessary for examination and inspections. No business license shall be issued to any business within the City that is in violation of any City or State Code until such violation has been corrected. In the event of denial, the Clerk shall return the license fee with a notice of denial to the applicant, unless otherwise specified by this code. 4-1-7: LICENSE NONTRANSFERABLE: Except as specifically provided by this Code or State law, licenses issued by the City shall not be assigned or transferred to any person other than the named holder. Issuance of a license by the City shall not authorize any person other than the person or entity named thereon to conduct such business; nor shall it authorize any business other than that named to be done or transacted. Issuance of a license shall not permit the named business to be conducted in any place other than the location or locations described in the application without prior approval of the Clerk. All licenses shall state the location of the business upon the face thereof. 4-1-8: SEPARATE LICENSES REQUIRED: A separate license and license fee shall be required for each business subject to the provisions of this Title, regardless of whether two (2) or more businesses are conducted or operated by the same person or entity or whether two (2) or more businesses are conducted within the same building or at the same location. 4-1-9: LICENSES, DENIAL, SUSPENSION OR REVOCATION: The Clerk may revoke any license issued under this Title, at any time, if the licensee does not comply with the applicable provisions of this Title or other provisions of the City Code. A license applied for or issued under this Chapter may be denied, suspended or revoked, if any criminal history investigation reveals, that the applicant or licensee does not comply with the applicable provisions or intent of this Title or other provisions of the City Code. If a criminal history check reveals that there is a pending criminal investigation or criminal charge that would result in the revocation or denial of a business license or if there is a conviction or withheld judgment entered for the charge, the City Clerk shall deny the application, until such time, as the applicant has been cleared of such charges. An applicant would then be allowed the opportunity to reapply after being cleared of said investigation or criminal charge. The City Clerk may revoke or suspend any license issued under this chapter upon giving ten (10) days’ notice to the license holder. Appeals of the City Clerk’s decision must be filed no later than fourteen (14) days after the revocation or suspension and shall be heard at the next available City Council meeting. Denials of licenses issued pursuant to this chapter shall be based on non-compliance to the stated provisions of this chapter. Appeals on denials shall be handled the same as revocations or suspensions. Failure to appeal shall be deemed as a final decision of the City. The ruling of the City Council shall be the final decision of the City. Title 4 Chapter 1 Page 3 of 4 Revised 07-2021 4-1-10: DISPLAY OF LICENSE: All licensees shall post their licenses in a place conspicuous to the public in each business location and shall produce the license whenever required by any officer or other person having the authority to examine it. 4-1-11: EXPIRATION DATE: Licenses shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk, with the exception of licenses for Childcare Facilities, Child Care Workers, Onsite Non-Providers, and Bartenders, which will expire two (2) years from the date of issue. 4-1-12: PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. In addition to the foregoing penalties, the City may seek an order of injunction from the Bonneville County Court prohibiting the business of engaging in business within the City. Said business shall be liable for any court costs and all attorney costs incurred by the City in relation thereto. Title 4 Chapter 1 Page 4 of 4 Revised 07-2021