Chapter 21
BUSINESS LICENSES1

Art. I.    General, §§ 21-121-15

Art. II.    Taxicabs, §§ 21-1621-23

Art. III.    Child Care, §§ 21-2421-34

Art. IV.    Pawnbrokers, Junk Dealers, and Secondhand Dealers, §§ 21-3521-43

Art. V.    Solicitors, §§ 21-4421-51

Art. VI.    Tree Pruners, §§ 21-5221-58

Art. VII.    Security Guard and Armored Car Delivery Services, §§ 21-5921-65

Art. VIII.    Temporary Vendors, §§ 21-6621-72

Art. IX.    Events, § 21-73

Art. X.    Shared Mobility Programs, §§ 21-8021-81

ARTICLE I. GENERAL

Sec. 21-1. Statutory authority; conflicts; license required; exemptions.

(a) The licensing of every business conducted within the city, except those excluded under this section, and the levying of a license fee on such businesses, is hereby declared to be justified, necessary, and required, pursuant to the statutory authority vested in the city by Idaho Code, Section 50-307.

(b) In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.

(c) Unless excluded under subsection (d) of this section, no person shall engage in any business in the city for which a license is required by this chapter without first having obtained a city business license.

(d) The provisions of this chapter shall not apply to:

(1) Any agency of the United States government; any state of the United States and their departments; or any political subdivision of the state of Idaho, including, but not necessarily limited to, counties, school districts, irrigation or sewer districts, fire districts, library districts, cemetery districts, port authorities, or urban renewal agencies;

(2) Domestic servants, paper carriers, and casual laborers not employed as temporary employees of a regularly conducted business;

(3) Financial portfolio and stock market investment activities by an individual for his or her benefit only;

(4) Yard sales conducted from any single location not exceeding three (3) such sales in a calendar year and not exceeding seventy-two (72) hours in duration for each such sale event;

(5) Employees of a remote business not located in the city, such as persons delivering but not selling products and/or services within the city and other persons otherwise doing work for a business not located within the city;

(6) Operators and providers of online or internet business services not located within the city;

(7) Nonprofit organizations with a current 501(c)(3) status; and

(8) Any business, person, or entity preempted by Idaho Code from municipal business licensing requirements. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-2. Definitions.

For purposes of this chapter, the following words shall have the meanings indicated, unless the context clearly requires otherwise:

Applicant means any person applying for a license, permit, or criminal history check or for the renewal thereof issued under this chapter.

Armored car delivery service means any person who accepts employment for hire, a fee, or reward to furnish delivery service of money or other valuables from any business location or private home to any bank or other depository.

Building means a structure having a roof supported by walls, posts, or columns, and built for the shelter of persons, animals, or property of any kind.

Business means commencing, conducting or continuing in all activities, occupations, trades, pursuits, or professions located or engaged in within the city for the purpose of financial gain, profit, benefit, or advantage, including any home occupation as defined in and regulated by Chapter 37 of this code; however, excluding those activities exempted in section 21-1 of this article.

Business day means any day on which the office of the city clerk is open to the general public. Thus, a “business day” shall specifically exclude any Saturday, Sunday, or city holiday. When calculating business days, the first day shall be excluded and the last day shall be included. If the last day of that calculation is not a business day, then the last day shall be the next business day.

Business licensing coordinator means the city of Lewiston business licensing coordinator or designee.

Business location means any physical location leased, rented, owned, or otherwise occupied by the licensee where business is conducted. Each business location shall be deemed a separate business, excluding job sites for construction projects, storage, and maintenance buildings where business is not conducted, and temporary locations for events and fairs.

Chief of police means the city of Lewiston chief of police or designee.

Child care means supervision and non-medical care provided on a regular basis during any twenty-four (24) hour period for children under the age of thirteen (13) years, not including the children or stepchildren of the provider, in return for compensation at a child care facility. The term “child care” shall be interchangeable with the term “day care.”

Child care employee or volunteer means a person who is sixteen (16) years of age or older and is utilized by a child care facility that has direct and regular contact with the children in such facility.

Child care facility means a premises owned and/or operated by a child care provider where child care is provided. There are three (3) classifications of child care facilities, provided the facility in question meets the ratios in section 21-27 of this chapter:

Family child care – A child care facility that provides care for six (6) or fewer children.

Group child care – A child care facility that provides care for seven (7) to twelve (12) children.

Child care center – A child care facility that provides care for thirteen (13) or more children.

City or the city means the city of Lewiston, Idaho.

City code or this code means the Lewiston City Code, including other codes adopted by the Lewiston City Code, as adopted and amended from time to time by the city council.

City council means the city council of the city of Lewiston, Idaho.

City forester means the city of Lewiston forester or designee.

Commercial tree pruner or tree pruner means any person hired to or engaged in a commercial business or trade to cut, prune, trim, and/or remove trees located in the public right-of-way in the city.

Community development director means the city of Lewiston community development director or designee.

Criminal history check means review of a report of an individual’s criminal history records, as authorized by law and made available by local, state, and/or federal police agencies. For purposes of this chapter, the terms “background check,” “FBI check,” “local check,” and “criminal records check” shall all mean criminal history check.

Employee means any person employed at any business location within the city and any person furnishing or performing services within the city. “Employee” shall include all persons who are: (1) self-employed, and (2) part-time employees. In determining the number of employees of any business subject to the provisions of this chapter, only those employees who perform any part of their duties within the city shall be counted.

Event means an in-person, nonvirtual gathering of people for a public, social, cultural, sporting, sales, display, solicitation, training, networking, or other occasion that is planned in advance to take place at a specific place at a specific time, including, but not limited to, such things as exhibitions, fairs, markets, conventions, conferences, reunions, festivals, parties, and weddings, except for those that are planned, hosted or conducted by a governmental entity.

FBI means the Federal Bureau of Investigation.

Goods means any product, merchandise, or commodity of any kind, or any other property capable of being the object of a sale regulated by this chapter.

ISP means the Idaho State Police.

Junk means worn out or discarded material that may be turned to some use.

Junk dealer means a person who is engaged in buying, selling, keeping, disposing of, or collecting junk.

License means a revocable permission granted by the city to operate or engage in business activities regulated by this chapter. License may also refer to a permit regulated by this chapter or to the certificate or document evidencing such permission, provided it is properly issued by the city.

Licensee means a person or entity to which a city business license has been issued.

LPD or police department means the city of Lewiston police department.

Nonprofit organization means an organization that has been granted 501(c)(3) tax-exempt status by the Internal Revenue Service.

Owner means any individual or entity who owns a business as defined herein and shall include, but is not limited to, any part owner, joint owner, partner, tenant in common, tenant in partnership, joint interest, or other fee interest in the whole or a part of such business operation.

Pawnbroker means a person, trust company, or bond broker, excluding a bank or credit union, who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds, and other certificates of value, who keeps a loan or pawn office or engages in or carries on the business of receiving jewelry, precious stones, valuables, firearms, clothing, personal property, or any other article in pledge for loans as security or in pawn for the repayment of moneys and exacts an interest for such loans.

Person means an individual, partnership, association, corporation, agency, entity, or organization of any kind.

Personal property means the same as defined in Idaho Code, Section 63-201, as may be amended from time to time.

Premises means all lands, structures, places, equipment, and appurtenances connected or used therewith in any business and also, any personal property, including any vehicle, which is either affixed to or is otherwise used in connection with any such business conducted on said premises.

Preschool facility means a home or place of structured instruction where educational sessions last no longer than four (4) consecutive hours per day, not governed by the State Board of Education, where learning and knowledge is imparted to children between the ages of three (3) and six (6) years in preparation for public and/or private education.

Property includes real and personal property.

Provider means a person who is directly responsible for the supervision and care of the children at a child care facility or preschool facility.

Real property means the same as defined in Idaho Code, Section 63-201, as may be amended from time to time.

Sale includes any sale, exchange, barter, or offer for sale.

Secondhand dealer means a pawnbroker or any person engaged in the business of purchasing, selling, trading, or otherwise transferring for value secondhand goods.

Secondhand goods means any item of personal property offered for sale not as new, including metals in any form, except coins that are legal tender, and precious metals in a non-identifiable form, but excluding books, magazines, and postage stamps.

Security guard service means any person who accepts employment for hire, a fee, payment, or other compensation to surveil, monitor, protect, and/or provide security for private property, including any other services incidental to and in connection with the protection of private property, except any person hired directly by an individual business as an employee of that business whose job is to provide security only for that place of business.

Services means any work, action, or activity performed for payment or compensation.

Solicitor means any individual, whether a resident of the city or not, traveling from house to house or street to street taking or attempting to take orders for or provide for the sale of goods or services of any nature whatsoever for compensation.

Substitute means an adult person who intermittently provides a service to a child care facility or preschool facility who is responsible for the supervision and care of the children at such facility during the absence of the licensee.

Taxicab or vehicle for hire means any motor vehicle engaged in the business of carrying passengers for hire having a seating capacity of not more than seven (7) people, but shall not include any vehicle operated by a transportation network company (TNC) driver to provide TNC services, as set forth in Idaho Code, Section 49-3703, as may be amended from time to time.

Temporary vendor means a vendor that operates intentionally and planned as a seasonal or otherwise temporary venture in accordance with the time limits set forth in article VIII of this chapter, on a lot, whether vacant or not; whether outside of an enclosed building in the open air or under a canopy, tent, or other temporary structure; from a mobile trailer, cart, or vehicle; or within a building, whether or not the building has another licensed business. A temporary vendor is subject to article VIII of this chapter.

Vendor means a person that offers a product or service for sale, rent, or hire. (Ord. No. 4760, § 2, 1-25-21; Ord. No. 4818, § 1, 6-14-21)

Sec. 21-3. Initial license application and review.

(a) An application for a license shall be completed and submitted to the business licensing coordinator on the applicable forms provided by the community development department. The application shall be accompanied by the applicable license fees and, when an inspection of the premises is necessary, the applicable inspection fees, as set by resolution of the city council. Every application shall be personally signed by the applicant or by a person with authority to sign on the applicant’s behalf and documented as such to the satisfaction of the business licensing coordinator.

(b) No person shall knowingly make a false license application or procure or seek to procure a license for another.

(c) When necessary, the inspection of the business premises for a license for compliance with applicable city codes shall be conducted within fifteen (15) business days of the receipt of a completed license application and applicable fees. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-4. Authority to approve or deny license applications.

(a) The business licensing coordinator shall have the authority to approve or deny all license applications and make decisions based upon recommendations from the police department, fire department, health department, the building and zoning divisions of the community development department, and other appropriate agencies, subject to the appeal provisions of section 21-9 of this chapter.

(b) Any license application under review may be denied based upon the following grounds:

(1) The applicant provides an incomplete application or false or misleading information; refuses to authorize an inspection or investigation deemed necessary to determine compliance with this code or applicable law; or fails to pay any required license, inspection, or investigation fee(s);

(2) The applicant refuses to carry out a plan acceptable to the city to eliminate any deficiencies identified by the city;

(3) The applicant pleads guilty to, or is found guilty of, criminal activity conducted while in the course of doing business, and the business licensing coordinator determines that such conduct presents a danger to the public health, safety, or welfare;

(4) The business licensing coordinator determines that the conduct or operation of a business is a public nuisance, as defined in this code, or presents a danger or threat to the public health, safety, or general welfare; or

(5) The applicant fails to meet the requirements listed in the following articles pertaining to taxicabs, child care, pawnbrokers, junk dealers, secondhand dealers, solicitors, tree pruners, or security guard and armored car delivery services, as applicable, or the applicant fails to comply with other applicable requirements of this chapter.

(c) If the business licensing coordinator denies an application for a license, then the business licensing coordinator shall explain, in writing:

(1) The reasons for denial;

(2) The actions, if any, that the applicant could take to obtain a license; and

(3) The applicant’s right to appeal, pursuant to section 21-9 of this chapter.

(d) No temporary license shall be issued; however, conditions of approval may be placed upon issuance of a license. The application for a license shall not be approved until such time that the business licensing coordinator determines that the application is in compliance with all applicable laws.

(e) A decision by the business licensing coordinator under this section may be appealed pursuant to the provisions of section 21-9 of this chapter. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-5. Criminal history checks.

(a) Licenses for a child care or preschool facility, taxicab company, security guard service, armored car delivery service, and solicitor/peddler shall require applicants and employees to submit to and pass a criminal history check.

(b) Renewal of licenses for a child care or preschool facility, taxicab company, armored car delivery service, and security guard service shall require all active employees to be fully in compliance with criminal history check requirements before the license will be renewed.

(c) Renewal of a license for a company that has held a solicitor license is not dependent upon the status of the solicitor license if they are not currently soliciting business.

(d) There are two (2) types of criminal history checks that may be required by the city in relation to applications for licenses:

(1) FBI criminal history check by fingerprint submission to ISP. FBI criminal history checks are conducted through the submission of fingerprints to obtain national criminal history information from the ISP and the FBI.

(2) Local criminal history check by application submission to LPD. Local criminal history checks are conducted through the submission of personal information provided on a local child care background study form, security guard background study form, taxicab driver background study form, and solicitor background study form. Completed forms are submitted to LPD for review of the applicant’s history in the local database.

(e) The exchange of such information to the city is authorized and pursuant to the following criteria of Public Law 92-544:

(1) The authorization exists based upon legislative enactment;

(2) The specific category(ies) of license applicants and employees falling within purview of this requirement is expressly stated herein;

(3) The license applicant and his or her employee(s) fingerprints shall be submitted to the ISP and the FBI for a national criminal history check;

(4) The criminal history check information shall be used for the screening of license applicants and his or her employees;

(5) The criminal history check information shall not be disseminated to a private entity or other entity unauthorized for receipt of such information; and

(6) Idaho Code, Section 67-3008 is the statutory authority permitting the city’s enactment of the ordinance adopting the requirement for a national background check.

(f) The business licensing coordinator is authorized to submit information and fingerprints for criminal history check records to the ISP for business licensing purposes pursuant to the official agreement between the city of Lewiston community development department and Lewiston police department, as required by ISP.

(g) The ISP shall conduct the criminal history check and transmit the records of the criminal history check to the business license coordinator who shall either render a determination of qualification or disqualification for licensure based upon criminal history check review, or transmit the criminal history check to LPD for LPD recommendation on rendering the determination based on LPD review of the criminal history check, if such consultation for recommendation is deemed necessary by the business license coordinator.

(h) LPD is hereby authorized to receive from the business license coordinator, for purposes of business licensing, criminal history check records to provide a recommendation on rendering the determination for qualification, if deemed necessary by the business license coordinator.

(i) In the event that the individual’s criminal history check reveals crimes or conduct not designated in the license-specific list of disqualifying crimes, but evidence exists indicating the individual may have committed an act or acts that meets the definition of a crime(s) listed in the license-specific list of disqualifying crimes, then the city shall initiate an administrative review, as follows:

(1) From the date of the return of the criminal history check records or receipt of information showing such evidence, whichever is later, such review shall begin within ten (10) calendar days and shall be completed no later than thirty (30) calendar days from that date.

a. During such time, if the person subject to the administrative review is the owner or sole operator of the business, and if the license has already been issued, then the license may be suspended for the duration of the administrative review in accordance with section 21-8 of this chapter.

b. If the person subject to the administrative review is an employee, the business shall be allowed to continue to operate; however, any individual who is the subject of the administrative review shall not be permitted to work unsupervised during such time.

(2) A written notice shall be transmitted to the person who is the subject of an administrative review upon determination that such a review is necessary. Such notice shall contain the date by which the administrative review shall be completed and the reason for the review.

(3) The administrative review shall be conducted by the chief of police, who shall make a recommendation to the business licensing coordinator regarding the individual’s suitability for a license. The chief of police shall consider factors and evidence including, but not limited to, the following in determining the suitability of the individual for a license:

a. The severity or nature of the offense or other findings;

b. The period of time since the incident(s);

c. The number and pattern of incident(s);

d. Circumstances surrounding the incident(s) to determine the risk of repetition;

e. Relationship of the incident(s) to the care of children, if applicable;

f. Activities since the incident(s) to determine evidence of rehabilitation;

g. Granting of a pardon by the Governor or the President of the United States of America;

h. The falsification or omission of information on the self-declaration form and other supplemental forms submitted;

i. Results of investigation by a law enforcement agency;

j. Results on investigation by Child Protective Services, if applicable;

k. Whether or not there is prosecution being pursued against the individual;

l. Whether the individual poses an imminent risk of harm;

m. Whether the individual poses an imminent risk of harm requiring continuous, direct supervision; and

n. Whether the individual does not pose an imminent risk of harm, but requires continuous, direct supervision in order to prevent any future risk of harm.

(4) After receiving the chief of police’s recommendation and determining the individual’s suitability for a license and risk of harm under this section, the following shall occur:

a. The community development department shall issue a notice of decision to the subject of the criminal history check. Such notice shall contain:

1. Details of any findings under subsection (3) of this section;

2. A determination of eligibility stating:

A. If the license was suspended and the administrative review comes back indicating that a ground for suspension no longer exists, and the community development director determines that a ground for suspension no longer exists, then the license suspension shall be lifted immediately.

B. If the administrative review for a current license holder who is the owner or sole operator of the company comes back and the community development director determines that a ground(s) for suspension or revocation exists, then such license shall be suspended or revoked upon completion of such review, in accordance with section 21-8 of this chapter.

C. If the administrative review for a current employee comes back showing that such person is ineligible due to a disqualifying criminal history check, then such person’s license shall be revoked in accordance with the procedures set forth in section 21-8 of this chapter. If such person were applying for an initial license, or a renewal of a preexisting license, then such application or renewal shall be denied in accordance with the procedures set forth in sections 21-4 and 21-8 of this chapter, as applicable.

3. The person’s right to appeal a decision made under this section, in accordance with section 21-9 of this chapter.

b. Where applicable, notice shall also be transmitted to the applicant or license holder. Any personal or confidential information that is considered as such or regulated under any applicable state or federal laws shall not be transmitted by the city to any third parties.

(j) Reviews conducted under this section may be appealed in accordance with section 21-9 of this chapter. (Ord. No. 4760, § 2, 1-25-21; Ord. No. 4812, § 1, 5-10-21)

Sec. 21-6. License fees, duration, renewal, contents, and display.

(a) A license fee for engaging in business is hereby levied upon and shall be collected from every business in the city not exempt from this chapter. An application fee shall be collected for location changes.

(b) Licenses for child care or preschool facilities, taxicab companies, pawnbrokers, junk dealers, secondhand dealers, tree pruners, and security guard and armored car services shall comply with all provisions of this article, as well as the conditions of renewal listed in their respective articles.

(c) License fees shall be in accordance with the fee schedule adopted by resolution of the city council, as may be amended from time to time.

(d) Unless otherwise provided, annual license renewal forms and applicable fees based upon the fee schedule shall be due and payable on the first day after the license expiration date.

(e) Any license issued or renewed by the city under this chapter shall be for a period of one (1) year from the date the license is issued, unless otherwise specified.

(f) A license may be renewed after thirty (30) days from the end of its expiration and up to a maximum of sixty (60) days after its expiration, subject to payment of the renewal fee plus fifty (50) percent of the renewal fee and submitting a completed renewal form, upon the business licensing coordinator’s approval of the renewal.

(g) A license shall be closed if the completed renewal form and renewal fee are not received within sixty (60) days after its expiration. After a license has been closed, continued operation of the business shall be a violation punishable pursuant to section 21-10 of this chapter. Submittal and approval of a new application and payment of the associated application fee shall be required to reopen a license.

In the event a license is closed for failure to renew, and the business licensing coordinator determines that the business continued to operate after the license was closed, the licensee shall be required to pay all license renewal fees that were not paid during the period of time that the business continued to operate after the license was closed prior to the license being reopened.

(h) Each license issued hereunder shall state upon its face the following:

(1) The name of the licensee and any other name under which business is to be conducted;

(2) The address of each business so licensed;

(3) The amount of the license fee;

(4) The dates of issuance and expiration thereof; and

(5) Such other information as the business licensing coordinator shall determine to be necessary.

(i) Every licensee shall display his or her license in a prominent location upon the licensed premises, and shall not operate the business on such premises after expiration of his or her license. No licensee shall allow any license to remain posted, displayed, or used after the period for which it was issued has expired, or when it has been suspended or revoked or for any other reason become ineffective. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-7. Nontransferability of license.

(a) No licensee shall loan, sell, give, transfer, delegate, or assign to any other person any license that has been issued pursuant to this chapter. Nor shall said licensee allow any other person to use, display, destroy, damage, remove, or have in his or her possession such license.

(b) Any change of owner, owners, or location of a business shall automatically void an existing license granted under this chapter and shall necessitate submittal of a license application with the applicable fee and issuance of a new license. An application fee shall be collected for location changes. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-8. License denial of renewal, license suspension, and license revocation.

(a) Grounds. The business licensing coordinator may deny renewal of a license issued pursuant to this chapter, and the community development director may suspend or revoke a license issued pursuant to this chapter, based upon the following grounds:

(1) The licensee provided false or misleading information in obtaining the license;

(2) The licensee refuses to authorize an inspection or investigation deemed necessary to determine compliance with this code or applicable law;

(3) The licensee fails to pay the required license, inspection, or investigation fee(s);

(4) The licensee refuses to carry out a plan acceptable to the city to eliminate any deficiencies identified by the city;

(5) The licensee pleads guilty to, or is found guilty of, criminal activity conducted while in the course of doing business, and the business licensing coordinator or community development director, as applicable, determines that such conduct presents a danger to the public health, safety, or welfare;

(6) The business licensing coordinator or community development director, as applicable, determines that the conduct or operation of the licensee’s business is a public nuisance, as defined in this code, or presents a danger to the public health, safety, or welfare; or

(7) The licensee fails to meet the requirements listed in the following articles pertaining to taxicabs, child care, pawn brokers, junk dealers, secondhand dealers, solicitors, tree pruners, or security guard and armored car delivery services, as applicable, or the licensee fails to comply with other applicable requirements of this chapter.

(b) Notice of intent to deny renewal, suspend, or revoke. Written notice of intent to deny renewal, suspend, or revoke a license shall be delivered to the licensee by hand-delivery or by mail and shall include, at a minimum, the reason for potential denial of renewal, suspension, or revocation; and the date, time, place, and purpose of the hearing before the business licensing coordinator or community development director, as applicable. If such written notice is hand-delivered, it shall be deemed delivered immediately. If such written notice is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered; postage prepaid; and addressed to the recipient’s last known post office address.

(c) Hearing. The business licensing coordinator or community development director, as applicable, shall hold a hearing within ten (10) calendar days from the date of receipt of the written notice of intent to deny renewal, suspend, or revoke. The licensee shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply during the hearing.

(d) Written decision. The business licensing coordinator or community development director, as applicable, shall issue a written decision within seven (7) calendar days after the hearing. Such decision may include conditions that, if satisfied to the business licensing coordinator or community development director’s satisfaction, as applicable, may allow for reinstatement of the license. Such written decision shall be delivered to the licensee by hand-delivery or by mail and shall include, at a minimum, the reasons for such decision; a notice of the right to appeal, as set forth in this chapter; and the date on which the decision was rendered; provided, however, that such written decision shall not include any criminal history information protected by law. If such written decision is hand-delivered, it shall be deemed received immediately. If such written decision is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered; postage prepaid; and addressed to the recipient’s last known post office address.

(e) Immediate suspension or revocation. In the event the community development director determines that the continued operation of a business creates an immediate danger to the public health, safety, or welfare, the community development director may summarily order the cessation of such business and the closing of the premises until the danger no longer exists by issuing a written notice of immediate license suspension or revocation. Such decision may include conditions that, if satisfied to the community development director’s satisfaction, may allow for reinstatement of the license. Notice of such immediate license suspension or revocation shall be communicated to the licensee as soon as possible after such determination has been made. Additionally, written notice of such immediate suspension or revocation shall be delivered to the licensee by hand-delivery or by mail and shall include, at a minimum, the reasons for immediate suspension or revocation; the date, time, place, and purpose of the hearing before the community development director; a notice of the right to appeal, as set forth in this chapter; and the date on which the decision was rendered.

(1) Hearing. The community development director shall hold a hearing within ten (10) calendar days from the date of receipt of the written notice of immediate license suspension or revocation for the purpose of determining whether the license suspension or revocation should continue or be lifted. The licensee shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply during the hearing.

(2) Written decision. The community development director shall issue a written decision within seven (7) calendar days after the hearing. Such written decision shall be delivered to the licensee by hand-delivery or by mail and shall include, at a minimum, the reasons for such decision; a notice of the right to appeal, as set forth in this chapter; and the date on which the decision was rendered; provided, however, that such written decision shall not include any criminal history information protected by law. If such written decision is hand-delivered, it shall be deemed received immediately. If such written decision is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered; postage prepaid; and addressed to the recipient’s last known post office address.

(f) Notice of appeal. A decision made by the business licensing coordinator under this section may be appealed to the community development director in accordance with section 21-9 of this chapter. A decision made by the community development director under this section may be appealed to the city manager in accordance with section 21-9 of this chapter. The city manager’s decision may be appealed to the city council in accordance with section 21-9 of this chapter.

(g) Posting. Upon suspension or revocation of a license, the city shall post a written notice of such suspension or revocation on the front entrance of the premises of the business for which the license was suspended or revoked in such a manner as to be clearly visible to the general public from the exterior of the business. Such notice of suspension or revocation shall not be defaced or removed by any person other than an authorized representative of the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-9. License decision appeal process.

An applicant, licensee, or person aggrieved by a written decision made pursuant to this chapter regarding the approval, denial, denial of renewal, suspension, or revocation of a license may appeal such written decision in accordance with the procedures set forth in this section.

(1) Initial appeal to the community development director.

a. An applicant, licensee, or person aggrieved by a written decision of the business licensing coordinator regarding the approval, denial, or denial of renewal of a license may appeal such decision to the community development director by filing a written notice of appeal, along with the appeal fee, as set by resolution of the city council, with the community development director within ten (10) calendar days of such written decision. The notice of appeal shall specify the grounds for appeal, which shall be based on the grounds for denial set forth in section 21-4(b) of this article or the grounds for denial of renewal set forth in section 21-8(a) of this article, as applicable, and explain why the appellant believes the decision was incorrect based upon such grounds and how the appellant is aggrieved by the decision. However, an applicant denied a license by reason of the fire marshal, building official, or city planner shall first exhaust all rights of appeal of such decisions as otherwise provided by this code.

If an appeal is not filed within ten (10) calendar days of the business licensing coordinator’s written decision, then the business licensing coordinator’s written decision shall be final.

b. The community development director shall hold a hearing on the appeal within ten (10) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. In the event the appellant is someone other than an applicant or licensee, the affected applicant or licensee shall be notified of such hearing and shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply during the hearing. The community development director’s review of the business licensing coordinator’s decision shall be de novo.

c. The community development director shall issue a written decision within ten (10) calendar days after the hearing. The community development director may affirm, reverse, or modify the business licensing coordinator’s decision. Such decision may include conditions that the community development director deems necessary to protect the public health, safety, or welfare. If the decision is to issue or reinstate a license, then the license shall be issued or reinstated, upon receipt of the applicable fee(s), on the next business day.

(2) Appeal to the city manager.

a. An applicant, licensee, or person aggrieved by a written decision of the community development director regarding an initial appeal or the revocation or suspension of a license may appeal such decision to the city manager by filing a written notice of appeal, along with the appeal fee, as set by resolution of the city council, with the city manager within ten (10) calendar days of such written decision. The notice of appeal shall specify the grounds for appeal, which shall be based on the grounds for denial set forth in section 21-4(b) of this article or the grounds for denial of renewal, revocation, or suspension set forth in section 21-8(a) of this article, as applicable, and explain why the appellant believes the community development director’s decision was incorrect based upon such grounds.

If an appeal is not filed within ten (10) calendar days of the community development director’s written decision, then the community development director’s written decision shall be final.

b. The city manager shall hold a hearing on the appeal within ten (10) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. In the event the appellant is someone other than an applicant or licensee, the affected applicant or licensee shall be notified of such hearing and shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply during the hearing. The city manager’s review of the community development director’s decision shall be de novo.

c. The city manager shall issue a written decision within ten (10) calendar days after the hearing. The city manager may affirm, reverse, or modify the community development director’s decision. Such decision may include conditions that the city manager deems necessary to protect the public health, safety, or welfare. If the decision is to issue or reinstate a license, then the license shall be issued or reinstated, upon receipt of the applicable fee(s), on the next business day.

(3) Final appeal to the city council.

a. An applicant, licensee, or person aggrieved by a written decision of the city manager made pursuant to subsection (2)(c) of this section may appeal such decision to the city council by filing a written notice of appeal with the city clerk within ten (10) calendar days of such written decision. The notice of appeal shall specify the grounds for appeal, which shall be based on the grounds for denial set forth in section 21-4(b) of this article or the grounds for denial of renewal, revocation, or suspension set forth in section 21-8(a) of this article, as applicable, and explain why the appellant believes the city manager’s decision was incorrect based upon such grounds.

If an appeal is not filed within ten (10) calendar days of the city manager’s written decision, then the city manager’s written decision shall be final.

b. The city council may either: (1) refuse to accept jurisdiction of the appeal, in which case the city manager’s decision shall be final; or (2) hold a hearing on the appeal within forty-five (45) calendar days of receipt of the notice of appeal.

If the city council holds a hearing on the appeal, then notice of such hearing shall be published at least once in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing. In the event the appellant is someone other than an applicant or licensee, the affected applicant or licensee shall be notified of such hearing and shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The appellant shall also have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply during the hearing. The city council’s review of the city manager’s decision shall be de novo.

c. If the city council holds a hearing on the appeal, then the city council shall issue a written decision within twenty (20) calendar days after the hearing, and such decision shall be final. The city council may affirm, reverse, or modify the city manager’s decision. Such decision may include conditions that the city council deems necessary to protect the public health, safety, or welfare. If the decision is to issue or reinstate a license, then the license shall be issued or reinstated, upon receipt of the applicable fee(s), on the next business day.

(4) A timely filed appeal (other than an appeal of a decision that an immediate danger to the public health, safety, or welfare exists) shall stay the enforcement of the initial decision to revoke, suspend, or deny renewal of a license until the appeal is heard and a final decision is rendered. A timely filed appeal regarding an initial decision to approve a license shall not delay issuance of such license or prevent the licensee from operating business pursuant to such license during the time when such appeal is heard. A timely filed appeal regarding an initial decision to deny a license shall not stay the enforcement of the initial decision to deny the license. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-10. Violation; penalty.

A violation of this chapter, including operation of a business without a license, shall be a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the Nez Perce County jail for not more than six (6) months, or both. Each day that a violation of this chapter occurs shall be deemed a separate offense. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-11. Record keeping.

The city shall keep a record of all licenses and violations under this chapter in accordance with the city’s record retention policy. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-12. Severability.

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. No. 4760, § 2, 1-25-21)

Secs. 21-1321-15. Reserved.

ARTICLE II. TAXICABS

Sec. 21-16. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all taxicab companies and all persons entering into or engaged in the business of operating a taxicab, as defined in Article I of this chapter, in the city; provided, however, that nothing in this article shall be construed to apply to transportation network company drivers providing transportation network company services, as defined in Idaho Code, Section 49-3703, as may be amended from time to time. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-17. License application, renewal, and fee required.

(a) An application for a taxicab license shall be subject to the requirements of Article I of this chapter, and shall include:

(1) A completed taxicab company addendum, including a list of vehicles to be operated as taxicabs identified by year, make and model, and license plate numbers;

(2) A completed taxicab inspection form for all vehicles listed on the taxicab company addendum;

(3) A taxicab driver criminal history check form for each owner, partner, and employee;

(4) Current proof of insurance for each vehicle; and

(5) All fees associated with the taxicab license application and criminal history checks.

(b) The annual renewal of a taxicab license shall require the following:

(1) All owners, partners, and employees have a current criminal history check on file;

(2) All owners, partners, and employees have a valid state issued driver’s license on file;

(3) All licensed vehicles have a current vehicle inspection report on file;

(4) Current proof of insurance for each vehicle is on file; and

(5) All fees associated with license renewal and criminal history checks have been paid. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-18. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application to operate a taxicab, and the community development director may suspend or revoke a license to operate a taxicab, for the following reasons:

(1) An applicant or licensee is ineligible due to a disqualifying criminal history check for any of the reasons listed in section 21-19 of this article;

(2) An applicant or licensee fails to maintain compliance with all standards outlined in section 21-19 of this article; or

(3) An applicant or licensee has violated a provision of this chapter or ordinance of the city with regard to the premises where the business is located.

(b) In addition to the provisions of sections 21-4 and 21-8 of this chapter, in determining whether to deny an application to operate a taxicab, or suspend or revoke a license to operate a taxicab, the business licensing coordinator or community development director, as applicable, shall consider the risk to the safety of passengers based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-19. Standards.

(a) To determine the suitability of prospective applicants for taxicab drivers, the business licensing coordinator shall require criminal history checks of the owners, partners, or operating managers of the taxicab business, as well as the individual operators of the taxicabs. Individual applicants shall be ineligible for licensure if such individual:

(1) Refuses to consent to the criminal history check;

(2) Knowingly makes a materially false statement in connection with such criminal history check;

(3) Has more than three (3) moving violations in the prior three (3) year period, or one (1) major violation, as determined by the chief of police, in the prior three (3) year period, including, but not limited to, attempting to elude a police officer, reckless driving, or driving with a suspended or revoked driver’s license;

(4) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(5) Has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; or

(6) Has a conviction within the last five (5) years of any crime involving: (a) a misdemeanor involving theft, robbery, burglary, assault, a sex crime, drugs, prostitution, or weapons; or (b) any misdemeanor or felony traffic crime, such as driving under the influence, reckless driving, attempting to elude a police officer, or leaving the scene of an injury accident.

(b) Except for felonies identified in subsection (a)(5) of this section, applicants with a felony conviction within the last ten (10) years, based on the conviction date, shall be subject to administrative review to determine their eligibility in accordance with the procedures set forth in section 21-5 of this chapter.

(c) No person shall be issued a license to own, lease, or maintain a taxicab business if such person:

(1) Is under the age of eighteen (18) years; or

(2) Is not the bona fide owner or lessee of vehicles to be used as taxicabs or vehicles for hire.

(d) State issued driver’s license required.

(1) It shall be unlawful for any person to drive, operate, or have charge of a taxicab unless a valid state issued driver’s license is held by the operator of the taxicab.

(2) Every taxicab licensee shall immediately notify the business licensing office and cease all operations if and when the operator’s driver’s license is canceled, suspended, expired, or terminated.

(e) Display of taxi driver ID card required. Every operator of a vehicle licensed under the provisions of this article shall display the city issued taxi driver ID card at all times when driving said vehicle and shall affix it in a conspicuous place in full view of the passengers of the vehicle.

(f) Insurance.

(1) Each taxicab operating within the city shall be insured under a motor vehicle liability insurance policy, issued by an insurance carrier licensed to do business in the state of Idaho, that provides minimum coverage in the amount of five hundred thousand dollars ($500,000.00).

(2) Every taxicab licensee shall tender to the business licensing coordinator a certificate of insurance for each vehicle being operated as a taxicab and certifying the insurance as provided above. Said certificate shall name the insured and shall name the city of Lewiston, its officers, officials, employees, and volunteers as additional insureds. Any vehicle noncompliant with this section shall not be used for business purposes until the insurance required herein is obtained.

(g) Vehicle inspection and display.

(1) No taxicab shall be offered for service to the public until such vehicle has been inspected by a licensed automotive repair facility and is found to be in acceptable condition. A request for inspection shall be issued to the applicant by the business licensing office and presented to the private automotive repair facility at the time of the inspection.

(2) The person making the vehicle inspection shall certify:

a. All systems are functioning according to industry standards and all federal and state laws;

b. The exterior is without broken windows or mirrors, without significant body damage or unpainted body panels, and has all legally required body parts and tires in safe condition with a tread depth of not less than 2-32";

c. The interior is clean and free of litter and offensive odor; seats and upholstery are clean and free of holes, tears, and stains; floorboards are complete and without holes and rust;

d. There is a spare tire in safe condition and a lug wrench and jack capable of tire change;

e. Compliance with identification and designated color scheme as provided in this article; and

f. There is no condition that would place users of the taxicab or the general public at risk.

(3) After the inspection, if the vehicle is in compliance with the standards set forth above, the vehicle shall receive a certificate of inspection compliance. Said certificate shall be displayed in a conspicuous place within the vehicle.

(4) Inspections required herein shall be performed prior to issuance of a taxicab license and shall be repeated semiannually thereafter.

(h) Common color scheme, name, and number.

(1) The body of each taxicab shall have, either painted upon or permanently affixed, the company name of the taxicab. All lettering shall be not less than three (3) inches in height.

(2) Each vehicle shall have the word “TAXI” painted in three (3) inch letters on the driver and passenger side door and trunk of each vehicle. Magnetic, removable signs shall not be allowed.

(3) An overhead, roof-mounted, illuminated “TAXI” sign shall be required for each vehicle. Such sign shall be yellow in color.

(4) If any of the identification markings is damaged, the same shall be restored within fourteen (14) business days after the damage occurs. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-20. Vehicles licensed in other jurisdictions.

Taxicabs licensed in jurisdictions other than the city may transport passengers from outside the city to a destination inside the city without a city business license. However, it shall be unlawful for the owner or operator of any such taxicab to seek or accept passengers within the city without a city business license. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-21. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-22 – 21-23. . Reserved.

ARTICLE III. CHILD CARE

Sec. 21-24. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all child care facilities and preschool facilities in the city and persons entering into or engaged in the business of operating a child care facility or preschool facility, as defined in Article 1 of this chapter, in the city; provided, however, that nothing in this article shall be construed to apply to:

(1) The occasional care of a child or children by neighbors, relatives, or friends not ordinarily engaged in child care;

(2) Private or parochial education facilities in which children kindergarten age or older are taught a curriculum approved by the State Board of Education within facilities with approved certificates of occupancy;

(3) Summer day camps, programs, religious schools, and other summer activities operating less than twelve (12) weeks during a calendar year with a documented certification of occupancy;

(4) Child care of up to two (2) hours duration while the parent or guardian is on premises, provided the building has a certificate of occupancy;

(5) Any arrangement whereby children receive care in their parents’ or guardians’ home;

(6) Any arrangement for the care of a child related by blood or marriage to the care provider, whether a niece, nephew, first or second generation cousin, grandchild, brother or sister, son or daughter, unless such care is at the same time being provided to unrelated children or the number of children in care exceeds three (3) children; or

(7) The care of a child or siblings of one (1) additional family in addition to the person’s own children, unless the number of children in care exceeds three (3) children. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-25. License application, renewal, and fee required.

(a) An application for a child care facility or preschool facility license shall be subject to the requirements in Article I of this chapter, and shall include:

(1) A completed child care preschool addendum, as provided by the city;

(2) A floor/site plan;

(3) A completed local emergency services information form;

(4) Notification of clearance letter issued by the Idaho Department of Health and Welfare for:

a. The applicant(s);

b. Their employees, including volunteers and substitutes;

c. All persons living at the child care facility or preschool facility or regularly on the premises who are thirteen (13) years of age or older; and

d. Any other persons who will have access to or are directly responsible for the care and treatment of children in care; and

(5) All fees associated with the license application and criminal history checks.

(b) The annual renewal of a child care facility or preschool facility license shall require the following:

(1) All owners, partners, employees, substitutes, volunteers, persons living at the child care facility or preschool facility, and persons regularly on the premises who are thirteen (13) years of age or older shall have a current criminal history check on file, in accordance with the following requirements:

a. Idaho Department of Health and Welfare clearance: Initial check and every five (5) years; and

b. Local criminal history check: Interim years.

(2) All employees engaged in the supervision of children shall have a current pediatric CPR and pediatric first aid card on file;

(3) Current passing annual health, safety, and fire inspections on file;

(4) Current proof of insurance and registration for each vehicle on file, if transportation is provided;

(5) Current state-issued driver’s license for each employee that operates a vehicle for child transportation; and

(6) All fees associated with license renewal and criminal history checks have been paid.

(c) Licenses shall have subscribed thereon the maximum number of children allowed in the place, home, building, or location wherein child care or preschool is provided. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-26. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application for a child care facility or preschool facility license, and the community development director may suspend or revoke a license to operate a child care facility or preschool facility, if an applicant or licensee:

(1) Has a disqualifying criminal history check or any person residing on or regularly on the child care facility or preschool facility premises has a disqualifying criminal history check due to a conviction or admission to any of the crimes listed in this section and/or section 21-27 of this article;

(2) Fails to maintain compliance with all standards outlined in section 21-27 of this article;

(3) Refused to allow entry of a parent or guardian having legal custody of the child or children at any time during the period of care of the child or children;

(4) Refused to allow entry of a city inspector or his or her designee at any time during the period of care of the child or children;

(5) Has violated this chapter; any ordinance of the city with regard to the premises where the child care facility or preschool facility is located; any other ordinance of the city; or any state or federal law involving controlled substances, child endangerment, or physical or sexual abuse involving children;

(6) Had his or her parental rights affected by a child protection action under Idaho Code, Section 16-1601 et seq., or child custody termination action under Idaho Code, Section 16-2001 et seq., excluding Idaho Code, Section 16-2005(4), or a similar provision in another jurisdiction; or

(7) Received a withheld judgment for any of the crimes listed in this section and/or section 21-27 of this article.

(b) In determining whether to deny, suspend, or revoke a childcare facility or preschool facility license, the business licensing coordinator and community development director, as applicable, shall consider the risk to the health and safety of the children in a childcare or preschool facility based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21; Ord. No. 4818, § 2, 6-14-21)

Sec. 21-27. Standards.

(a) All standards applicable to child care facilities and preschool facilities adopted by the state of Idaho, including, but not limited to, the child-staff ratio point system set forth in Idaho Code, Section 39-1109, as may be amended from time to time, the safety standards set forth in Idaho Code, Section 39-1109, as may be amended from time to time, the health standards set forth in Idaho Code, Section 39-1110, as may be amended from time to time, and other standards set forth in Idaho Code Title 39, Chapter 11, as may be amended from time to time, shall apply to all child care facilities and preschool facilities licensed herein, unless a more stringent standard is adopted by the city, in which case the city’s more stringent standard(s) shall apply. In addition, the following standards shall apply to child care facilities and preschool facilities in the city:

(1) Criminal history check.

a. All child care employees, volunteers, and individuals over the age of thirteen (13) residing or regularly on the child care facility or preschool facility premises shall submit to an annual criminal history check.

b. The initial preemployment FBI criminal history check shall be initiated by the applicant on the Idaho Department of Health and Welfare online background check system. Notification of a qualifying FBI criminal history check shall be made by providing an Idaho Department of Health and Welfare clearance letter to the business licensing coordinator before the individual’s license will be granted.

c. FBI criminal history checks shall be completed every five (5) years, and the notification of a qualifying or disqualifying FBI criminal history check shall be made by providing an Idaho Department of Health and Welfare clearance letter to the business licensing coordinator within thirty (30) days of the individual’s license expiration date.

d. Local criminal history checks shall be completed annually in the years between FBI checks. Local criminal history checks shall be requested by and submitted to the business licensing coordinator on forms provided by the community development department. The individual must complete and return the local criminal history check form to the business licensing coordinator within thirty (30) days of the individual’s license expiration date.

e. New child care employees and volunteers may begin work with supervision once an Idaho Department of Health and Welfare initial clearance letter is provided to the business licensing coordinator. The individual must be supervised at all times by an individual who received a qualifying criminal history check within the last five (5) years.

f. New child care employees and volunteers may begin work with no supervision once an Idaho Department of Health and Welfare final clearance letter is provided to the business licensing coordinator.

g. Any child care employee, volunteer, or individual over the age of thirteen (13) residing on the child care facility or preschool facility premises or regularly on the child care facility or preschool facility premises shall be disqualified for licensure or renewal when:

1. A completed criminal history check results in a notice of disqualification from the Idaho Department of Health and Welfare (FBI check) or LPD (local check) due to conviction or admission to any crimes listed in IDAPA 16.05.06, Criminal History and Background Checks, as may be amended from time to time;

2. The individual refuses to consent to the criminal history checks described in this section;

3. The individual knowingly makes a materially false statement in connection with such criminal history check;

4. The individual fails to submit an Idaho Department of Health and Welfare clearance letter within thirty (30) days of the expiration of their license; or

5. The individual fails to submit a completed local criminal history check form to the business licensing coordinator within thirty (30) days of the expiration of their license.

(2) Age and health of provider.

a. The provider shall be eighteen (18) years old or older. Persons sixteen (16) to seventeen (17) years of age may provide child care or preschool services if directly supervised by the provider.

b. A provider or employee of a child care facility or preschool facility shall not work when ill as per the rules and regulations governing Idaho reportable diseases.

(3) CPR/first aid.

a. All child care and preschool employees on the premises of a child care facility or preschool facility shall have a current certification in pediatric rescue breathing and pediatric first aid treatment from a certified instructor. Online CPR and first aid courses are not a valid form of certification.

(4) Child/staff ratios (not applicable to preschool facilities that are not also child care facilities).

a. Staff engaged in the supervision and care of the children shall be within sight and/or hearing of the children at all times and close enough to assist a child in an emergency.

b. For child-to-staff ratio purposes, all children on premises, including the provider’s own children, shall be counted. When children of the provider reside on the facility premises, points for provider’s children over the age of five (5) years shall equal one-half (1/2) point.

c. For the purpose of computing child/staff ratios, only staff sixteen (16) years of age or older primarily engaged in child care shall be counted as staff.

(5) Emergency and immunization record. Each owner or operator of a child care facility or preschool facility shall maintain a record for each child in attendance with all information as required by IDAPA 16.06.02, Child Record Content Requirements, as may be amended from time to time. The immunization requirements set forth in Idaho Code, Section 39-1118, as may be amended from time to time, shall apply to all child care facilities and preschool facilities in the city.

(6) Inspection of premises. Each child care facility or preschool facility premises shall submit to an initial scheduled inspection for compliance with health, safety, and fire standards, as well as annual unannounced inspections. The health inspection shall be conducted by the district health department, and safety and fire inspection shall be conducted by fire and/or building inspectors. A safety checklist with the minimum building, fire, and health requirements shall be available for each classification.

(7) Training requirements. The training requirements set forth in Idaho Code, Section 39-1119, as may be amended from time to time, shall apply to all child care facilities and preschool facilities in the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-28. Outdoor play area.

(a) Each child care facility, excluding preschool facilities, shall include a safe and sanitary outdoor play area that meets the following requirements:

(1) An outdoor play area of thirty-five (35) square feet of play area per child;

(2) A fence (minimum of forty-eight (48) inches in height) that encloses the play area with two (2) gates that can be secured;

(3) Exterior balconies, porches, or stairs are stable and space under porches is closed off;

(4) Vertical offsets, such as outside basement window wells, stairways, or retaining walls, are provided with guardrails;

(5) The area is free of electrical hazards (e.g., unfenced air conditioners, switchboxes, or power lines) and attractive hazards (e.g., vehicles, metal drums, pallets, tools, or wood piles);

(6) Swimming pools, ponds, wells, tool sheds, and other hazards are fenced or closed off;

(7) The area is free of animal feces and debris (e.g., broken glass, paint chips, or trash);

(8) There are no poisonous substances, such as cleaners; chemicals; gasoline; solvents; or poisonous plants, berries, or mushrooms;

(9) The sandbox or sand play area is covered when not in use;

(10) Play equipment is placed at least six (6) feet away from buildings, fences, trees, or other play equipment and is in good repair (e.g., free of sharp edges, protruding elements, broken parts, and toxic substances); and

(11) Meets the requirements of Chapters 10 (building and general building regulations) and 15 (fire protection and prevention) of this code, as such chapters currently exist and may from time to time be amended.

(b) Exception. An indoor play area allowing seventy-five (75) square feet of play area per child may be provided in lieu of an outdoor play area. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-29. Prohibited acts.

(a) The following acts by any person, whether directly or indirectly, on the child care facility or preschool facility premises during hours of operation and while the children being cared for are present shall be prohibited:

(1) Use or consumption of any alcoholic beverage or individuals under the influence of alcohol at or in the facility;

(2) Use, possession, or consumption of any unlawful drug or narcotic, including marijuana, or individuals under the influence of unlawful drugs or narcotics;

(3) Use, legal or illegal, of prescription or nonprescription drugs that would impair a person’s ability to supervise or transport children;

(4) Performing any work or activities that interfere with the care of the children;

(5) Smoking in the facility, outdoor areas, or in vehicles during child care hours;

(6) Any firearm, ammunition, or other weapon being located outside a locked cabinet. Ammunition must be kept in a locked container separate from firearms;

(7) Any person providing unsupervised care of the children who is under eighteen (18) years of age; and

(8) Continued presence of any person who has received a disqualifying criminal history check or is known to have a disqualifying criminal history check. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-30. Qualifications of substitutes.

(a) Except in emergencies, any person left alone with children in a child care facility or preschool facility shall:

(1) Be at least eighteen (18) years of age;

(2) Hold a current certificate in pediatric first aid and pediatric CPR;

(3) Have completed and passed a criminal history check;

(4) Have spent time with the children before being left in charge; and

(5) Have a good understanding of the child care routines; children’s special health and nutrition needs, including allergies; and emergency procedures. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-31. Transportation.

(a) Any child care facility or preschool facility employee or substitute who transports children shall:

(1) Possess a valid state-issued driver’s license;

(2) Have completed and passed a criminal history check;

(3) Use a vehicle that is registered and insured according to state of Idaho law;

(4) Not leave children unattended in the vehicle or unsupervised at any time; and

(5) Assure proper restraints are used for each child transported. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-32. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-33 – 21-34. Reserved.

ARTICLE IV. PAWNBROKERS, JUNK DEALERS, AND SECONDHAND DEALERS

Sec. 21-35. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all pawnbrokers, junk dealers, and secondhand dealers, as defined in Article I of this chapter, in the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-36. License application, renewal, and fee required.

(a) An application for a pawnbroker, junk dealer, or secondhand dealer license shall be subject to the requirements of Article I of this chapter and shall include all fees associated with the license application.

(b) The annual renewal of a pawnbroker, junk dealer, or secondhand dealer license shall require compliance with all reporting, inspection, and record keeping requirements of this article, and shall include all fees associated with the license renewal. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-37. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application for a pawnbroker, junk dealer, or secondhand dealer license, and the community development director may suspend or revoke an existing pawnbroker, junk dealer, or secondhand dealer license, if an applicant or licensee:

(1) Refuses to allow the inspections of premises and records as required by this article;

(2) Falsifies, obliterates, or removes from their place of business any record that is required to be maintained by this article within three (3) years from the date of the transaction;

(3) Fails to comply with the reporting requirements of this article;

(4) Receives property from a person less than eighteen (18) years of age; or

(5) Violates a provision of this chapter or any ordinance of the city with regard to the premises where the business is located. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-38. Standards.

(a) Every person managing, maintaining, or conducting the business of a pawnbroker, junk dealer, or secondhand dealer in the city shall keep or cause to be kept at the store or place of business, and shall, upon request, make readily available for inspection to LPD, the following:

(1) A chronological record of every purchase, pledge, pawn, or other transfer of possession to such pawnbroker, junk dealer, or secondhand dealer of any article or loan thereon;

(2) A description of such article received in such transaction that is sufficient to identify the same, including all particular or prominent marks or identification that may be found on the property; and the signature, address, age, sex, and description of the person receiving, delivering, or transferring the property or who is otherwise dealt with; and

(3) The date and time of the transaction.

(b) If any article received by a pawnbroker, junk dealer, or secondhand dealer is sold within forty-five (45) days from the date that it is so received, such pawnbroker, junk dealer, or secondhand dealer shall, on his or her copy of the record of its reception, write the name and address of the person to whom such sale is made and the date of such sale.

(c) Said records shall be kept in the English language and written in ink, indelible pencil, or in a digital database. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-39. Reports of transactions to police department.

(a) Every pawnbroker, junk dealer, and secondhand dealer shall, each day such business is open to the public, report any and all transactions for that day.

(b) Said report shall be completed on forms provided by the chief of police. It shall be preferred that these reports and records be kept and transmitted in an electronic format designated by the chief of police.

(c) Said report shall be forwarded to the police department at least once a week, no later than the close of business, on a schedule set by the chief of police, and must be received within seven (7) days of its calendar date.

(d) Upon receipt of such report, the same shall be retained in accordance with the city’s record retention schedule, and the same may be inspected by the police department. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-40. Records inspection.

(a) The record of transactions required by this article shall be open for inspection by the police department at any time during the business’s hours of operation.

(b) The police department shall also have the right to thoroughly inspect the premises, store, or place where the business so recorded is being conducted at any time in search of any lost or stolen property or to compare the entries kept in such records with articles located on such premises or place of business.

(c) All persons in charge of such business and the agents and employees thereof shall render to the police department such assistance as may be reasonably necessary in such inspection or search. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-41. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-42 – 21-43. . Reserved.

ARTICLE V. SOLICITORS

Sec. 21-44. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all solicitors, as defined in Article I of this chapter, in the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-45. License application, renewal, and fee required.

(a) Any solicitor shall be required to be licensed as such, pursuant to this article. An application for a solicitor license shall be subject to the requirements in Article I of this chapter, and shall include:

(1) A completed solicitor application;

(2) If a vehicle is to be used, a description of the same, together with the license number or other means of identification;

(3) A completed noncriminal justice applicant privacy statement;

(4) A completed fingerprint card;

(5) All fees associated with the license application and criminal history check; and

(6) A current city business license for the business being solicited for.

(b) The annual renewal of a solicitor license shall require the following:

(1) A current criminal history check for each soliciting employee;

(2) A current city business license for the business being solicited for; and

(3) All fees associated with license renewal and criminal history checks. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-46. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, solicitors shall be subject to the following:

(1) The business licensing coordinator may deny an application for a solicitor license, and the community development director may suspend or revoke an existing solicitor license, if an applicant or licensee:

a. Is ineligible due to a disqualifying criminal history check for any of the reasons listed in section 21-47 of this article;

b. Fails to maintain compliance with all standards outlined in section 21-47 of this article; or

c. Has violated this chapter or any ordinance of the city with regard to the premises where the business is located.

(b) In determining whether to deny, suspend, or revoke a solicitor license, the business licensing coordinator or community development director, as applicable, shall consider the risk of safety of the community based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-47. Standards.

(a) To determine the suitability of prospective applicants for solicitors, the business licensing coordinator shall require criminal history checks of employees engaged in soliciting. Individual applicants shall be ineligible for licensure if such individual:

(1) Refuses to consent to the criminal history check;

(2) Knowingly makes a materially false statement in connection with such criminal history check;

(3) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(4) Has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; or

(5) Has a conviction within the last five (5) years of any crime involving a misdemeanor involving theft, robbery, burglary, assault, a sex crime, drugs, prostitution, or weapons.

(b) Soliciting shall be conducted in a lawful manner so as not to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(c) Solicitors shall be allowed to engage in business within the city from the hours of 8:00 a.m. to 8:00 p.m., Monday through Saturday.

(d) In the event the city issues a license to a licensee under this article, such license shall be carried with the licensee at all times when he or she is engaged in the activity or business licensed pursuant to this article.

(e) Each solicitor shall wear a badge, nameplate, or tag, at least two (2) inches by three (3) inches in dimension, clearly stating the name of the organization he or she represents. Such badge shall be worn conspicuously on the front of his or her outer garment at all times when he or she is engaged in soliciting.

(f) Solicitors shall exhibit their licenses at the request of any person with whom the licensee seeks to do business, any citizen, law enforcement agent, or city employee or official. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-48. Use of sidewalks, parks, and city property.

Solicitors may take and conduct sales and solicitations in and upon the sidewalks, parks, and public property of the city; provided, however, that solicitors shall not impede any sidewalk, inconvenience any member of the general public, or interfere with the official duties of any city official or employee. For the purposes of this section, actions that would impede the general public include, but are not limited to, the following:

(1) Operating as a solicitor within the parks of the city, unless in conformance with directives and supervision of the director of parks and recreation.

(2) Solicitors conducting sales and solicitations within a city park wherein the city has contracted for a concessionaire within said park, or has reserved it for private use or other special events.

(3) No solicitor shall have any exclusive right to any location on sidewalks, nor shall any solicitor be permitted a stationary location, nor shall he or she be permitted to operate in any congested area where his or her operations might impede or inconvenience the public. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-49. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-50 – 21-51. . Reserved.

ARTICLE VI. TREE PRUNERS

Sec. 21-52. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all tree pruners, as defined in Article I of this chapter, in the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-53. License application, renewal, and fee required.

(a) An application for a license for a commercial tree pruner performing cutting, pruning, trimming, and/or removing of trees in the public right-of-way in the city shall be subject to the requirements in Article I of this chapter, and shall include:

(1) A completed tree pruner application, including:

a. Proof of arborist certification from the International Society of Arboriculture; and

b. Proof of training and experience as a tree pruner;

(2) A completed tree pruner company addendum;

(3) Certificates of liability and property damage insurance issued by an insurance carrier licensed to do business in the state of Idaho that provides minimum coverage in the amounts set forth in section 21-55 of this article; and

(4) All fees associated with the license application.

(b) The annual renewal of a commercial tree pruner license shall require the following:

(1) Current arborist certification from the International Society of Arboriculture;

(2) Current certificates of liability and property damage insurance issued by an insurance carrier licensed to do business in the state of Idaho that provides minimum coverage in the amounts set forth in section 21-55 of this article; and

(3) All fees associated with license renewal. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-54. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application for a commercial tree pruner license, and the community development director may suspend or revoke an existing commercial tree pruner license, if an applicant or licensee:

(1) Is ineligible due to lack of, or revocation of, arborist certification;

(2) Uses improper pruning practices, as determined by the city forester;

(3) Fails to obey direction by the city forester;

(4) Fails to meet conditions of a permit issued under Chapter 26 of this code;

(5) Fails to maintain compliance with all standards outlined in section 21-55 of this article; or

(6) Has violated this chapter or any ordinance of the city with regard to the premises where the business is located.

(b) In determining whether to deny, suspend, or revoke a license, the business licensing coordinator or community development director, as applicable, shall consider the risk to the safety of the community based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-55. Standards.

(a) So long as the requirements of this chapter are satisfied, a commercial tree pruner’s application shall be approved and the license issued upon successful completion of the International Society of Arboriculture’s certified arborist exam by the licensee. The licensee shall provide proof to the business licensing coordinator of successful completion of such certified arborist exam and certification by the International Society of Arboriculture before performing any work within the public right-of-way in the city.

(b) In regards to a business that performs tree pruning services, at least one (1) employee of such business shall be licensed in accordance with this article in order for the business to be authorized to prune trees within the public right-of-way in the city. In all cases, a person licensed in accordance with this article shall be physically present at the work site and either perform the pruning work himself or herself, or direct and supervise the pruning work at all times.

(c) All commercial tree pruner licensees shall satisfactorily pass the certified arborist exam every one (1) year or maintain their certification through continuing education credits, as required by the International Society of Arboriculture.

(d) There shall be on file with the city a certificate of liability and property damage insurance issued by an insurance carrier authorized to transact business in the state of Idaho. Said certificate shall name the city of Lewiston, its officers, officials, employees, and volunteers as additional insureds. Minimum coverage limits shall be:

(1) Five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence for property damage; or

(2) Five hundred thousand dollars ($500,000.00) combined single occurrence limits for both bodily injury and property damage. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-56. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article, except that the city forester shall take the place of the community development director. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-57 – 21-58. . Reserved.

ARTICLE VII. SECURITY GUARD AND ARMORED CAR DELIVERY SERVICES

Sec. 21-59. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to all security guard and armored car delivery services, as defined in Article I of this chapter, and all persons entering into or engaged in the business of operating an armored car, in the city. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-60. License application, renewal, and fee required.

(a) An application for a security guard or armored car delivery service license shall be subject to the requirements in Article I of this chapter, and shall include:

(1) A completed security guard/armored car company addendum, as provided by the city;

(2) A completed security guard/armored car delivery driver background study form for each owner, partner, and employee;

(3) Surety bond of five thousand dollars ($5,000.00) taken in the name of the people of the city; and

(4) All fees associated with the license application and criminal history check.

(b) The annual renewal of a security guard and armored car delivery service license shall require the following:

(1) All owners, partners, and employees have a current criminal history check on file;

(2) Surety bond of five thousand dollars ($5,000.00) taken in the name of the people of the city; and

(3) All fees associated with license renewal. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-61. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application for a security guard or armored car delivery service license, and the community development director may suspend or revoke an existing security guard or armored car delivery service license, if an applicant or licensee:

(1) Is ineligible due to a disqualifying criminal history check for any of the reasons listed in section 21-62 of this article;

(2) Fails to maintain compliance with all standards outlined in section 21-62 of this article; or

(3) Has violated this chapter or any ordinance of the city with regard to the premises where the business is located.

(b) In determining whether to deny, suspend, or revoke a license, the business licensing coordinator or community development director, as applicable, shall consider the risk to the safety of the community based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-62. Standards.

(a) To determine the suitability of individual applicants for security guard or armored car delivery positions, the business licensing office shall require criminal history checks of the applicants. Individual applicants will be ineligible for licensure if such individual:

(1) Refuses to consent to the criminal history check;

(2) Knowingly makes a materially false statement in connection with such criminal history check;

(3) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(4) Has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; or

(5) Has a conviction within the last five (5) years of any misdemeanor criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons.

(b) Except for felonies identified in subsection (a)(4) of this section, applicants with a felony conviction within the last ten (10) years, based on the conviction date, shall be subject to administrative review to determine their eligibility in accordance with the procedures set forth in section 21-5 of this chapter.

(c) No person shall be issued a license to own, lease, or maintain a security guard or armored car delivery service business if such person:

(1) Is under the age of eighteen (18) years; or

(2) Is not the bona fide owner or lessee of vehicles to be used as armored car delivery vehicles.

(d) No security officer or armored car delivery service employee licensed under this article shall impersonate or hold himself out as a peace officer, nor shall he operate or permit to be operated a motor vehicle with a siren, police lighting or any insignia thereon bearing a likeness to the insignia used by peace officers. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-63. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-64. – 21-65. . Reserved.

ARTICLE VIII. TEMPORARY VENDORS

Sec. 21-66. Applicability of article.

In addition to the provisions of Article I of this chapter, an applicant for a temporary vendor license shall comply with the provisions of this article. The provisions of this article shall not apply to vendors participating in an event licensed under Article IX of this chapter. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-67. License application and fee required.

(a) An application for a temporary vendor license shall be subject to the requirements in Article I of this chapter, and shall include:

(1) A completed temporary vendor application, including dates and times of operation and the proposed temporary vendor business;

(2) A completed temporary vendor addendum, which shall include written permission from the owner or manager of the property from which the business will operate;

(3) A completed floor/site plan; and

(4) All fees associated with the license application. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-68. Application denial and license suspension or revocation.

(a) In addition to the provisions of sections 21-4 and 21-8 of this chapter, the business licensing coordinator may deny an application for a temporary vendor license, and the community development director may suspend or revoke a temporary vendor license, for the following reasons:

(1) An applicant or licensee fails to maintain compliance with all standards outlined in section 21-69 of this article; or

(2) An applicant or licensee has violated a provision of this chapter or ordinance of the city with regard to the premises where the business is located.

(b) In addition to the provisions of sections 21-4 and 21-8 of this chapter and section 21-69 of this article, in determining whether to deny an application for a temporary vendor license, or suspend or revoke a temporary vendor license, the business licensing coordinator or community development director, as applicable, shall consider the risk to the safety of the community based on such factors as:

(1) Repeated violations of applicable city codes or state or federal law;

(2) A pattern of noncompliance;

(3) The type of violation;

(4) The severity of each violation;

(5) The number of violations; and

(6) Any other factors deemed appropriate to protect the public health, safety, and welfare. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-69. Standards.

(a) A temporary vendor shall not conduct business for more than sixteen (16) consecutive days and shall not conduct business for more than sixteen (16) days in any three (3) month period, and fireworks stands shall comply with the time limits set forth in sections 24-8 and 24-9 of this code. However, temporary vendors, except a fireworks stand, may exceed the sixteen (16) consecutive days or sixteen (16) days in any three (3) month period if:

(1) By conditional use permit approval pursuant to Chapter 37, Article IX of this code;

(2) The temporary vendor will operate within a building that has another licensed business that is not also a temporary vendor; provided that the allowable duration shall be not more than forty (40) days, from November 15th to December 25th;

(3) The temporary vendor is for the seasonal sale of produce (e.g., fruit, vegetables, flowers), in which case the allowable duration shall not be more than ninety (90) days per calendar year; or

(4) The temporary vendor is for the sale of Christmas trees, in which case the allowable duration shall be not more than forty (40) days, from November 15th to December 25th.

(b) Where the temporary vendor is not located within a building preexisting on the property, or on a property containing another use, the applicant shall provide a site plan showing that the operation of the business will not displace any parking required by Chapter 37 of this code and will be located so as not to interfere with or create a hazard for vehicular or pedestrian traffic in the parking lot or on a public street or sidewalk, as determined by the community development and public works departments, respectively.

(c) Where the temporary vendor is to be located where there is no paved parking lot, a gravel driveway and parking area shall be provided.

(1) Any such gravel driveway and parking area shall be constructed and maintained so as not to cause dust nuisance, including dust mitigation by application of dust palliative, and not track mud onto a public street or sidewalk, as subject to the requirements and approval of the public works department.

(2) Any such gravel driveway and parking area shall be of a size and configuration compliant with the standards of parking and vehicular movement dimensions pursuant to standard drawings 1-15 and 2-1 of the public works department.

(3) Any such gravel parking area shall be of sufficient size to accommodate the number of vehicles determined necessary by the community development department, based upon the type, operating characteristics, and scale of the particular temporary vendor business proposed, as described in a written statement provided by the applicant.

(4) Parking reserved for persons with disabilities and compliance with the Americans with Disabilities Act shall not be required, unless upon receipt of a request for reasonable accommodation.

(5) The depth and compaction of gravel of any such driveway and parking area shall be sufficient to meet the requirements of the public works and fire departments.

(6) Uncontrolled driveway access to/from a public street shall be subject to the requirements of the public works department as necessary to maintain traffic safety and physical street condition.

(d) No temporary building, structure, mobile cart, trailer, or vehicle used for temporary vendor sales shall be located closer than twenty (20) feet to a property with an established residential use.

(e) Signage for a temporary vendor shall be subject to the provisions of Chapter 30 of this code. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-70. Appeals.

The appeal process described in section 21-9 of this chapter shall apply to this article. (Ord. No. 4760, § 2, 1-25-21)

Sec. 21-71. – 21-72. . Reserved.

ARTICLE IX. EVENTS

Sec. 21-73. Applicability of article.

In addition to the requirements in Article I of this chapter, the regulations set out in this article shall apply to events, as defined in Article I of this chapter, in the city, as follows:

(1) Any person who promotes and/or organizes events as a business activity not exempted under the provisions of Article I of this chapter shall be required to obtain a business license pursuant to Article I of this chapter.

(2) Any event lasting seven (7) consecutive days or less at which two (2) or more vendors are present shall be required to be licensed by the promoter/organizer thereof, subject to submittal and approval of the following:

a. Submittal of a completed application form provided by the city;

b. Submittal of a site plan and/or floor plan identifying the property, building(s), room(s), area(s) to be used for and involved in the event, including identification of vendor spaces, bathrooms, entrances, exits, parking, and other information deemed necessary to determine code compliance;

c. Submittal of a completed hold harmless agreement provided by the city; and

d. Submittal of a vendor identification and contact list on a form provided by the city.

(3) Any vendor participating in an event licensed pursuant to this article shall be required to hold his or her own business license but shall not be required to obtain a temporary vendor license pursuant to Article VIII of this chapter to participate in the event. (Ord. No. 4760, § 2, 1-25-21)

ARTICLE X. SHARED MOBILITY PROGRAMS

Sec. 21-80. Definitions.

For purposes of this article, the following words shall have the meanings indicated:

Bicycle means a vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels, except scooters and similar devices.

Electric-assisted bicycle or e-bike means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements:

(1) Class 1 electric-assisted bicycle means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty (20) miles per hour.

(2) Class 2 electric-assisted bicycle means an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.

(3) Class 3 electric-assisted bicycle means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty-eight (28) miles per hour.

Electric power-assisted scooter or e-scooter means a two-wheeled vehicle that has handlebars, a floorboard that is designed to be stood upon when riding, and is powered by an electric motor that has a power output of not more than three hundred (300) watts that: (1) is incapable of propelling the device at a speed of more than fifteen (15) miles per hour, and (2) disengages or ceases to function when the vehicle’s brakes are applied.

Station-based shared mobility program means a system of self-service bicycles, e-bikes, e-scooters, or any combination thereof, for hire, operated by a station-based shared mobility program operator, which requires a bicycle rack and/or a bicycle, e-bike, and/or e-scooter sharing station.

Station-based shared mobility program operator means a person or organization that owns, manages, or operates a station-based shared mobility program.

Stationless shared mobility program means a system of self-service bicycles, e-bikes, e-scooters, or any combination thereof, for hire, operated by a stationless shared mobility program operator, which does not require a bicycle rack or a bicycle, e-bike, and/or e-scooter sharing station.

Stationless shared mobility program operator means a person or organization that owns, manages, or operates a stationless shared mobility program. (Ord. No. 4808, § 5, 3-22-21)

Sec. 21-81. Shared mobility programs prohibited.

Stationless and station-based shared mobility programs are prohibited in the city until this article is amended to set forth regulations governing such programs. (Ord. No. 4808, § 5, 3-22-21)


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State law reference – Power to levy license fees and taxes on businesses and occupations, Idaho Code, § 50-307.

Editor’s note – Ord. No. 4760, § 1, adopted Jan. 25, 2021, repealed former Ch. 21 and replaced it. The deleted chapter contained provisions relating to licenses. Ch. 21 derived from Code 1960, §§ 13A-1, 13A-3 – 13A-4, 13A-7, 16-38 – 16-44, 16-48 – 16-52, 20-1 – 20-16, 24-1 – 24-3, 24-6 – 24-10, 25-1 – 25-9, 25-11 – 25-13, 30B-6 and 30B-8; Ord. No. 2270, §§ 1 – 7, 9 – 12; Ord. No. 2386, § 12; Ord. No. 2879, § 1; Ord. No. 2892, §§ 2 – 6, 9-8-70; Ord. No. 3066, § 1 – 7, 11 – 15, 2-7-72; Ord. No. 3182, §§ 1 – 7, 11-19-73; Ord. No. 3243, §§ 1 – 25, 11-25-74; Ord. No. 3427, § 1, 2-6-78; Ord. No. 3530, §§ 1 – 4, 7-21-80; Ord. No. 3593, §§ 4 – 11 and 13 – 17, 10-26-81; Ord. No. 3744, §§ 1 – 7, 9-17-84; Ord. No. 3776, § 2, 7-1-85; Ord. No. 3842, §§ 1 – 3, 11-3-86; Ord. No. 3889, §§ 8 – 12, 14 – 40 and 42, 12-7-87; Ord. No. 3973, §§ 1 – 16, 18 – 20, 8-27-90; Ord. No. 3979, §§ 1 – 7, 9-10-90; Ord. No. 4222, §§ 2 – 5 and 7, 9-21-98; Ord. No. 4302, §§ 1, 3, 4-22-02; Ord. No. 4330, § 1, 4-28-03; Ord. No. 4339, § 3, 9-22-03; Ord. No. 4346, § 1, 11-17-03; Ord. No. 4374, §§ 1 – 3 and 7, 11-22-04; Ord. No. 4429, § 2, 1-9-06; Ord. No. 4435, § 1, 3-13-06; Ord. No. 4465, § 1, 3-12-07; Ord. No. 4470, §§ 1, 2, 4-9-07; Ord. No. 4506, § 1, 5-12-08; Ord. No. 4526, §§ 1 – 3, 2-9-09; Ord. No. 4560, §§ 1 – 4, 12-12-11; Ord. No. 4571, § 1, 12-12-11; Ord. No. 4590, § 1, 9-24-12 and Ord. No. 4634, § 1, 7-13-15.

Cross references – Alarm suppliers and alarm systems, Ch. 5.5; beer and wine, § 6-11 et seq.; liquor-by-the-drink, § 6-16 et seq.; dog licenses required, § 8-23 et seq.; street trees, § 26-39 et seq.; vegetation, Ch. 35.5; compliance with tree pruning practices, § 35.5-1.