Chapter 21
LICENSES1

Art. I.    In General, §§ 21-121-15

Art. II.    Wholesale and Retail Occupations and Businesses, §§ 21-1621-54

Art. III.    Temporary Vendors, §§ 21-5521-70

Art. IV.    Going-Out-of-Business and Similar Sales, §§ 21-7121-86

Art. V.    Security Officer Service and Armored Car Delivery Service, §§ 21-8721-112

Art. VI.    Pawnbrokers, Junk Dealers and Secondhand Dealers, §§ 21-11321-130

Art. VII.    Child Care, §§ 21-13121-151

Art. VIII.    Peddlers and Solicitors, §§ 21-15221-174

Art. IX.    Reserved, §§ 21-17521-198

Art. X.    Tree Pruners, §§ 21-19921-205

ARTICLE I. IN GENERAL

Secs. 21-121-15. Reserved.

ARTICLE II. WHOLESALE AND RETAIL OCCUPATIONS AND BUSINESSES

Sec. 21-16. Statutory authority; purpose.

The licensing of all wholesale and retail occupations and businesses within the city and the levying of a license fee, uniform to all classes imposed, pursuant to the statutory authority vested in the city by Idaho Code, Section 50-307, is hereby declared to be justified and necessary for the purpose of protecting and providing services to the citizens of the city and the businesses and occupations doing business therein. (Code 1960, § 16-38; Ord. No. 3066, § 1, 2-7-72)

Sec. 21-17. Definitions.

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

(1) Business or occupation means all activities, occupations, callings, trades, pursuits or professions located or engaged in within the city with the object of gain, profit, benefit or advantage. Each business location shall be deemed a separate business, unless it is a specific annex to the main location of the business.

(2) Employee means any person employed at any business location within the city and any person furnishing or performing services within the city. It shall include all persons who are self-employed and shall include part-time employees.

(3) Engaging in business means commencing, conducting or continuing in any business or occupation, the exercise of corporate and franchise powers and the liquidating of a business where the liquidators hold themselves out to the public as conducting such business. Any person shall be deemed to be engaged in doing business when he does one (1) act of:

a. Selling any goods or performing any services;

b. Soliciting business or offering or holding out goods or services for sale or hire;

c. Acquiring or using any vehicle or any premises in the city for business purposes;

d. Delivery of any goods, either at wholesale or retail unless licensed under another section of this code;

e. Sponsoring, organizing or promoting an exhibition, fair or market at which five (5) or more vendors will offer goods or services for sale.

(4) Person means any person doing business in the city.

(5) Premises means all lands, structures, places and 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.

(6) Year means the calendar year. (Code 1960, § 16-39; Ord. No. 3066, § 2, 2-7-72; Ord. No. 3593, § 4, 10-26-81; Ord. No. 3973, § 1, 8-27-90; Ord. No. 4339, § 3, 9-22-03)

Sec. 21-18. Fee levied; amount; effect upon other license fee provisions.

There is hereby levied upon and shall be collected from every person engaged in any business or occupation within the city a license fee for the privilege of engaging in business in an amount to be determined by the application of the rates hereinafter set forth. Such license fee shall be determined by the number of employees of each business employed on the first day of December preceding the calendar year in which the license fee is payable. The fee shall be in accordance with the fee schedule adopted by the city council during the annual budgetary process. The license fee levied hereunder is not intended to repeal any other license fee provision of this code or any ordinance of the city. (Code 1960, § 16-40; Ord. No. 3066, § 3, 2-7-72; Ord. No. 3593, § 5, 10-26-81; Ord. No. 3842, § 1, 11-3-86; Ord. No. 3973, § 2, 8-27-90; Ord. No. 3979, § 1, 9-10-90; Ord. No. 4222, § 2, 9-21-98; Ord. No. 4339, § 3, 9-22-03)

Sec. 21-19. Determination of number of employees.

In determining the number of employees of any person subject to the provisions of this article, only those employees who perform any part of their duties within the city shall be counted. (Code 1960, § 16-41; Ord. No. 3066, § 4, 2-7-72)

Sec. 21-20. Exemptions.

The provisions of this article shall not apply to:

(1) Any agency of the United States government, any state of the United States, any political subdivision of the state of Idaho, including, but not necessarily limited to, counties, school districts, irrigation or sewer districts, or fire districts.

(2) Domestic servants, paper carriers, or casual labor not included as temporary employees of a regularly conducted business. (Code 1960, § 16-42; Ord. No. 3066, § 5, 2-7-72; Ord. No. 3842, § 2, 11-3-86; Ord. No. 3973, § 3, 8-27-90; Ord. No. 3979, § 2, 9-10-90)

Sec. 21-21. Engaging in business without obtaining license prohibited; expiration of license.

No person shall engage in any business or activity in the city for which a license fee is imposed by this article, without first having obtained and being a holder of a valid and subsisting license to do so, to be known as a business and occupation license, issued under the provisions of this article, and without paying the license fee imposed by this article, which license fee shall accompany the application for the license. Such license shall expire one (1) year after the date from which it is issued. (Code 1960, § 16-43; Ord. No. 3066, § 6, 2-7-72; Ord. No. 4374, § 1, 11-22-04)

Sec. 21-22. Application for license; contents; license fee to accompany application.

The application for a license shall be made to the business license representative on a form provided by the city. The application shall set forth the name of the applicant, his residence, place of business, the nature of the business and the license fee prescribed by this article. When an examination of the premises as described in section 21-23 of this code is necessary, the application shall be accompanied by the license fee and inspection fee. Every application shall be personally signed by the applicant or his agent. (Code 1960, § 16-44; Ord. No. 3066, § 7, 2-7-72; Ord. No. 3593, § 6, 10-26-81; Ord. No. 3889, § 8, 12-7-87; Ord. No. 4506, § 1, 5-12-08)

Sec. 21-23. Examination of applications; business premises.

(a) The city shall cause any applicant for a new business license or the transfer of an existing business license to a new business premises to be investigated and examined for compliance with the laws of the state and of the city.

(b) The investigation and examination of the business premises for a new business license or the transfer of an existing license to a new business premises shall be conducted within fifteen (15) working days of the receipt of the complete license application.

(c) If it appears that all conditions requisite to the issuance of the license have been substantially met and that no life safety hazards exist, a provisional license shall issue. The license will be provisional until such time that the applicant is in total compliance with applicable laws. If the inspectors and the city determine that the applicant is not in compliance with applicable laws within the time period set forth and agreed to by the applicant at the time of the initial investigation and examination, the city shall rescind the license and shall notify the applicant of such decision.

(d) In the event any immediate danger to the public health or safety is found, unless the danger is immediately corrected, or the owner or operator of any such business shall have refused to allow inspection of his premises, an inspector or director of public health shall notify the community development director who may summarily order the cessation of the business and closing of the premises by issuing a written notice of suspension.

(e) In addition to the qualifications and requirements set forth in the city’s codes, no license shall be issued or renewed for any of the following reasons:

a. The applicant failed to provide the required identification of all persons having a direct or indirect interest in that which is to be licensed upon the application.

b. That which is to be licensed fails to conform to city codes, including, but not limited to, building, health, fire, and the state of Idaho and federal laws applicable thereto.

(f) No person shall knowingly make a false license application or procure or seek to procure a license for another. (Ord. No. 3182, § 1, 11-19-73; Ord. No. 3593, § 7, 10-26-81; Ord. No. 3889, § 9, 12-7-87; Ord. No. 4435, § 1, 3-13-06; Ord. No. 4470, § 1, 4-9-07)

Sec. 21-24. Appeal procedure.

Any applicant aggrieved by any decision of the city may appeal such decision to the city council by filing a written notice of appeal with the city within ten (10) days of such decision by the city. However, any applicant, if denied a license by reason of the fire marshal, the building official, the zoning officer or the city sanitarian, shall first exhaust all rights of appeal of such decisions as otherwise provided by the city code. The city shall transmit said notice of appeal to the council, which shall schedule a public hearing on said appeal, to be held at any regular meeting or special meeting of the council, not later than fifteen (15) days after the filing of such notice of appeal with the city. At such hearing, the applicant may appear and speak on his own behalf, be represented by counsel, call witnesses and cross-examine any witnesses of the city. The council shall proceed to determine said appeal; and if it decides in favor of the applicant, it shall pass a motion to that effect; and the city shall, on the next business day thereafter, and upon receipt of the proper fee, issue such license. The council may defer action upon said appeal for not longer than two (2) weeks from the date of the public hearing. (Ord. No. 3182, § 2, 11-19-73; Ord. No. 3593, § 8, 10-26-81; Ord. No. 3889, § 10, 12-7-87)

Sec. 21-25. Contents of license.

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 name and address of each business so licensed;

(3) The amount of license fee therefor;

(4) The dates of issuance and expiration thereof;

(5) Such other information as the city clerk shall determine to be necessary. (Ord. No. 3182, § 3, 11-19-73; Ord. No. 3593, § 9, 10-26-81)

Sec. 21-26. Display of license; operation of business after expiration of license prohibited; transfer of licenses.

Every licensee, under this article, shall display such license in a prominent location upon the licensed premises, and shall refrain from operating the licensed business on such premises after expiration of his 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. No licensee shall loan, sell, give, or assign to any other person or allow any other person to use or display, or to destroy, damage, or remove, or to have in his possession any license which has been issued to said licensee. (Code 1960, § 16-48; Ord. No. 3066, § 11, 2-7-72)

Sec. 21-27. Change in location or owner of licensed business.

Any change of owner or owners or location shall automatically void an existing license granted under this chapter and shall necessitate application and issuance of a new license. (Code 1960, § 16-49; Ord. No. 3066, § 12, 2-7-72; Ord. No. 3593, § 10, 10-26-81)

Sec. 21-28. Mailing of application forms; effect of failure to file license application.

The city may, but is not required, to mail to persons forms for applications for licenses; but failure of any person to receive any such forms shall not excuse the person from making application for and securing the license required and payment of the license fee when and as due hereunder. If any person fails, neglects or refuses to file his application and to pay any fee as and when required herein, the city will determine the amount of fee payable and by mail to notify such person of the amount so determined. The amount so fixed shall thereupon be immediately due and payable, subject to the person’s right to appear before the council and show cause why his fee should not be altered or reduced. (Code 1960, § 16-50; Ord. No. 3066, § 13, 2-7-72; Ord. No. 3593, § 11, 10-26-81; Ord. No. 3889, § 11, 12-7-87)

Sec. 21-29. When fees due and payable; penalty for late payment.

Each annual license fee herein provided shall become due and payable on the first day after the license expiration date to any business taxable hereunder and in existence on that date. Failure to pay any license fee within forty-five (45) days after the day upon which it is due and payable shall render the person subject to a penalty of fifty (50) percent of the amount of the license fee in addition to other penalties provided herein. (Code 1960, § 16-51; Ord. No. 3066, § 14, 2-7-72; Ord. No. 3889, § 12, 12-7-87; Ord. No. 3979, § 3, 9-10-90; Ord. No. 4374, § 2, 11-22-04)

Sec. 21-30. License fees, penalties thereon to constitute debt to city.

Any license fee, including penalties thereon, shall constitute a debt to the city and may be collected by court proceedings in the same manner as any other debt in like amount. No civil action or judgment shall bar or prevent a criminal prosecution for each and every violation of this article. (Code 1960, § 16-52; Ord. No. 3066, § 15, 2-7-72)

Sec. 21-31. Use of funds.

All funds received by the city under the terms of this article shall be paid into the general fund of the city and budgeted annually for general municipal purposes in the departments of police, fire, building, and health. (Ord. No. 3182, § 4, 11-19-73)

Sec. 21-32. Violation; penalty.

A person who violates any provision of this article or operates any business or occupation for which a license is required by this article without having first obtained a license as herein provided shall be guilty of a misdemeanor. Each day that a violation of this article occurs shall be deemed a separate offense. (Ord. No. 3182, § 5, 11-19-73)

Sec. 21-33. Suspension or revocation.

(a) Suspension. When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, shall constitute a nuisance or present a danger to the public health, safety or general welfare, the city shall summarily order the cessation of the business and the closing of the premises until the nuisance or danger no longer exists.

(b) Notice of suspension. A written notice of suspension shall be sent by certified mail and posted on the premises. The suspension shall become effective when the business owner or operator receives the notice personally or when the notice is posted on the business or residential address as shown on the application. The notice shall contain the grounds for the suspension, the effective period of the suspension, and shall inform the business owner or operator of the provisions for appeal.

(c) Revocation. Any license issued pursuant to this article may be revoked by the city council for violation of any law of the city, of the state, or of the United States, applicable to the business for which the license was issued.

(d) Notice of revocation. Such revocation must be preceded by notice in writing to the licensee from the city clerk, or designee, informing the licensee that the council has ordered the holding of a public hearing at a date and time certain, not less than ten (10) days from the date of such notice, at which hearing the licensee will be required to appear personally and show cause why the license should not be revoked. At such hearing the licensee may be represented by counsel, may testify personally, may call witnesses, and may cross-examine any witnesses called by the city. Should the council determine that such license should be revoked, it shall pass a motion to that effect, and such license shall thereupon be revoked; provided, however, that no such motion shall be deemed passed without the affirmative vote of one-half (1/2) plus one (1) of the members of the full council.

(e) Business premises posted. One (1) copy of the notice of suspension or revocation shall be posted upon the window of the front entrance door or upon the nearest window to the front entrance in such a manner as to be clearly visible to the general public from the exterior of such establishment. The notice shall contain the grounds for suspension, the effective period of the suspension, and shall inform the business owner or operator of the provisions for appeal. The notice of suspension or revocation shall not be defaced or removed by any person except an authorized representative of the city. (Ord. No. 3182, § 6, 11-19-73; Ord. No. 4470, § 2, 4-9-07)

Sec. 21-34. Operation without license declared a nuisance; injunction.

The operating or conducting of any business or occupation for which a license is required by this article without having a valid license as provided herein is hereby declared to be a public nuisance. In addition to any other remedy provided by this article, the city may bring an action in any court of competent jurisdiction to obtain an order enjoining any person from operating or conducting any business or occupation in violation of this article. (Ord. No. 3182, § 7, 11-19-73)

Secs. 21-3521-54. Reserved.

ARTICLE III. TEMPORARY VENDORS

Sec. 21-55. Definitions.

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

(1) Building means a structure completely enclosed by walls and covered by a roof, permanently affixed to a foundation and permanently attached to water and sewer utility services.

(2) Temporary vendor means the operation of a business on a vacant lot, outside of an enclosed building in the open air or under a canopy, tent or other membrane structure. This definition does not include those businesses operating in the open air or under a canopy, tent or other membrane structure on the premises of another licensed business, which licensed business is operating in a building as defined herein, or those businesses governed by section 37-127 of this code. (Ord. No. 4346, § 1, 11-17-03)

Sec. 21-56. Business license required.

All temporary vendors shall be required to obtain a temporary vendor’s business license prior to engaging in business within the city. The application process and fees for a temporary vendor’s business license shall be the same as for a standard business license as provided in Article I of this chapter. Temporary vendors are limited to operation in the C-3, C-4, C-5, C-6, M-1 and M-2 zones as defined by the city’s zoning ordinance and may not operate in any other zone within the city. (Ord. No. 4346, § 1, 11-17-03)

Sec. 21-57. Time limits.

Except as provided hereafter, no temporary vendor shall conduct a business for more than sixteen (16) consecutive days and shall not conduct business for more than sixteen (16) days in any three-month period. (Ord. No. 4346, § 1, 11-17-03)

Sec. 21-58. Conditional use permit.

A temporary vendor may operate a business in excess of sixteen (16) consecutive days upon approval of a conditional use permit by the planning and zoning commission following the procedures set forth in Chapter 37 of this code. (Ord. No. 4346, § 1, 11-17-03)

Sec. 21-59. Standards for issuance of conditional use permit.

Standards for the issuance of a conditional use permit for the operation of the temporary vendor business in excess of sixteen (16) days are found in this code at section 37-126.1. (Ord. No. 4346, § 1, 11-17-03)

Sec. 21-60. Violations.

Any person or entity found to be in violation of this article shall be determined to have committed a civil infraction and for each violation shall be assessed a civil penalty a sum not to exceed one hundred dollars ($100.00). Each day of violation shall constitute a separate offense. (Ord. No. 4346, § 1, 11-17-03)

Secs. 21-6121-70. Reserved.

ARTICLE IV. GOING-OUT-OF-BUSINESS AND SIMILAR SALES

Sec. 21-71. Purpose and definitions.

The purpose of this article is to allow legitimate going-out-of-business sales while minimizing the opportunity for a continuous going-out-of-business sale with its potential to mislead the public and negatively impact the city’s business climate.

The following words shall have the meanings indicated, unless the context clearly indicates otherwise:

Going-out-of-business sale is a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: adjuster’s; adjustment; alteration; assignee’s; bankrupt; benefit of administrators; benefit of creditors; benefit of trustees; building coming down; closing; creditor’s committee; creditor’s; end; executor’s; final days; forced out; forced out of business; insolvents’; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver’s; trustee’s; quitting business.

Goods is meant to include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder. (Code 1960, § 13A-1; Ord. No. 4526, § 1, 2-9-09)

Sec. 21-72. Notification to city required.

It shall be unlawful to operate, conduct or permit any going-out-of-business sale without notifying the city in writing. Written notification to the city shall be made to the business licensing office. (Code 1960, § 13A-1; Ord. No. 2892, § 2, 9-8-70; Ord. No. 3889, § 14, 12-7-87; Ord. No. 4526, § 1, 2-9-09)

Sec. 21-73. Application of regulations.

(a) Any person holding a valid city of Lewiston business and occupation license may conduct a going-out-of-business sale.

(b) Interval between sales. Any person or authorized agent who has held a sale, as regulated hereunder, at the location stated in the notice within the past twelve (12) months shall not be permitted to advertise to the public a going-out-of-business sale.

(c) Restricted location. Where a person operates more than one (1) place of business, the going-out-of-business sale shall only apply to the store(s) or branch(es) specified in the notice to the city and no other store or branch shall advertise the going-out-of-business sale on the exterior of their business premises and visible to the public. (Code 1960, § 13A-3; Ord. No. 2892, § 3, 9-8-70; Ord. No. 4526, § 1, 2-9-09)

Sec. 21-74. Duties of licensee.

(a) Written notification required. A person desiring to conduct a sale regulated by this chapter shall notify the city in writing, containing the following information:

(1) The true name and address of the owner of the goods to be the object of the sale;

(2) A description of the place where such sale is to be held;

(3) The dates of the sale to be conducted shall not exceed one hundred twenty (120) consecutive days;

In the absence of any such notification, the city shall use the first date of any advertisement of such sale as the beginning date of the one-hundred-twenty-day period.

(b) End of sale business closure. The end of the one-hundred-twenty-day period shall automatically void the city business and occupation license and any other license issued by the city for the business that is the subject of the sale. All business operations shall cease at the end of the one-hundred-twenty-day period and the business shall close. (Code 1960, § 13A-4; Ord. No. 2892, § 3, 9-8-70; Ord. No. 3889, § 15, 12-7-87; Ord. No. 3973, § 4, 8-27-90; Ord. No. 3979, § 4, 9-10-90; Ord. No. 4222, § 3, 9-21-98; Ord. No. 4339, § 3, 9-22-03; Ord. No. 4526, § 1, 2-9-09)

Sec. 21-75. Violation; penalties.

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Code 1960, § 13A-7; Ord. No. 2892, § 6, 9-8-70; Ord. No. 4526, § 3, 2-9-09)

Secs. 21-7621-86. Reserved.

Editor’s note – Ord. No. 4526, § 2, adopted Feb. 9, 2009, repealed §§ 21-75 and 21-76, pertaining to going-out-of-business sales, derived from the 1960 Code, §§ 13A-5 and 13A-6; Ord. No. 2892, §§ 4 and 5, adopted September 8, 1970; Ord. No. 3889, § 16, adopted December 7, 1987; and Ord. No. 3973, § 5, adopted August 27, 1990.

ARTICLE V. SECURITY OFFICER SERVICE AND ARMORED CAR DELIVERY SERVICE

Sec. 21-87. Definitions.

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

Armored car delivery service means any person who accepts employment for hire, 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 within the city.

Security officer service means any person who accepts employment for hire, fee or reward to protect private property, to furnish protection to private property by checking doors, windows and other exits of private property located within the city or to furnish any other services incidental to and in connection with the protection of private property within the city, except those persons hired directly as security officers by individual businesses and whose full-time duties consist of keeping watch over a single store or single place of business. (Code 1960, § 20-1; Ord. No. 2270, § 1; Ord. No. 3889, § 17, 12-7-87)

Sec. 21-88. License – Required.

No person shall operate as a security officer service or as an armored car delivery service in the city without first obtaining a license from the city. (Code 1960, § 20-2; Ord. No. 2270, § 2; Ord. No. 3889, § 18, 12-7-87)

Sec. 21-89. Same – Application.

Applications for licenses required by this article shall be made by each person acting as a security officer or an armored car delivery service upon forms prepared and made available by the city and shall state:

(1) The full name, age, residence, driver license number, birth date, social security number, present and previous occupation of the applicant.

(2) Whether the person signing the application is a citizen of the United States.

(3) A specific description of the location of the principal place of business of the applicant.

(4) The number of years’ experience the applicant has had as a security officer or as an armored car delivery service or in the related fields.

(5) The length of time the applicant has been a bona fide resident of the state immediately preceding the filing of the application.

(6) Such other information as the city shall find reasonably necessary to effectuate the general purpose of this article and to make a fair determination of whether the terms of this article have been complied with.

(7) Each application shall be accompanied by a full set of fingerprints and a recent photograph of the applicant.

(8) All criminal convictions, other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. (Code 1960, § 20-3; Ord. No. 2270, § 3; Ord. No. 3889, § 19, 12-7-87; Ord. No. 3973, § 6, 8-27-90)

Sec. 21-90. Same – Fees.

The annual license fee for a security officer service shall be in accordance with the fee schedule adopted by the city council during the annual budgetary process. Such fees shall accompany the application for the license. (Code 1960, § 20-4; Ord. No. 2270, § 3; Ord. No. 3889, § 20, 12-7-87; Ord. No. 3979, § 5, 9-10-90; Ord. No. 4222, § 4, 9-21-98; Ord. No. 4339, § 3, 9-22-03)

Sec. 21-91. Same – Standards for issuance.

(a) The city shall issue a license required by this article when it is found:

(1) That the applicant has never been convicted of any felony.

(2) That the applicant is a natural born or a fully naturalized citizen of the United States.

(b) All employees of any person having or applying for a license under this article shall meet the standards set forth above and shall be subject to all regulations of this article. (Code 1960, § 20-5; Ord. No. 2270, §§ 5, 6; Ord. No. 3973, § 7, 8-27-90)

Sec. 21-92. Same – Action by city; notice of rejection.

The city shall act upon the application for a security officer service or the application for an armored car delivery service license within thirty (30) days after the filing thereof. If the city disapproves the application, there shall be mailed to the applicant, within thirty (30) days after the date upon which the application was filed, a notice stating the reasons for the denial of the permit. (Code 1960, § 20-6; Ord. No. 2270, § 7; Ord. No. 3889, § 21, 12-7-87; Ord. No. 4302, § 1, 4-22-02)

Sec. 21-93. Same – Transferability.

Licenses issued under this article shall not be transferable. (Code 1960, § 20-7; Ord. No. 2270, § 9)

Sec. 21-94. Same – Revocation and suspension.

Licenses issued under this article shall be subject to revocation or suspension by the council for violation of any of the provisions of this article or misconduct by the licensee or his employees, after reasonable notice and an opportunity to be heard have been given the licensee. (Code 1960, § 20-8; Ord. No. 2270, § 9; Ord. No. 3889, § 22, 12-7-87)

Sec. 21-95. Same – Renewal.

The city shall issue renewal licenses to all licensees whose licenses have not been suspended at the time such licenses have expired, upon payment of the annual license fee. (Code 1960, § 20-9; Ord. No. 2270, § 9; Ord. No. 4302, § 1, 4-22-02)

Sec. 21-96. Same – Term.

All licenses issued under this article shall be for a term of one (1) year; license term beginning from the date which it is issued. (Code 1960, § 20-9; Ord. No. 2270, § 9; Ord. No. 3889, § 23, 12-7-87; Ord. No. 4374, § 3, 11-22-04)

Sec. 21-97. Bond required.

(a) No license shall be issued under this article, unless the applicant files with the city a surety bond, executed by such applicant with a surety company authorized to do business in the state, in the sum of one thousand dollars ($1,000.00).

(b) Such bond or approved security shall be taken in the name of the people of the city. Every person injured by the negligent, willful, malicious or wrongful act of the principal, his agent, servant or employee in the conduct of the business of security officer service or in the conduct of the business of an armored car delivery service may bring an action on the bond in his own name to recover damages for such negligent, willful, malicious or wrongful act. (Code 1960, § 20-11; Ord. No. 2270, § 10; Ord. No. 3889, § 24, 12-7-87)

Sec. 21-98. Investigation by chief of police.

Within fifteen (15) days after receipt of an application for a license, as required by this article, the chief of police shall cause an investigation to be made of the applicant and his proposed operation. To determine the suitability of prospective applicants for security guard and armored car delivery service, the business licensing office shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from Idaho State Police and the Federal Bureau of Investigation. Pursuant to the authority of Idaho Code Section 67-3008, and congressional enactment Public Law 92-544, the city shall submit the applicant’s personal information, fingerprints and required fees to appropriate state and federal agencies, including the Federal Bureau of Investigation, if applicable, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The business licensing office is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for security guard and armored car delivery service. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (Code 1960, § 20-12; Ord. No. 2270, § 4; Ord. No. 3889, § 25, 12-7-87; Ord. No. 4302, § 1, 4-22-02; Ord. No. 4330, § 1, 4-28-03)

Sec. 21-99. Reserved.

Editor’s note – Section 42 of Ord. No. 3889, adopted Dec. 7, 1987, repealed § 21-99, concerning fingerprints and photographs and deriving from the 1960 Code, § 20-13; and Ord. No. 2270, § 3.

Sec. 21-100. Reserved.

Editor’s note – Ord. No. 3973, § 8, adopted Aug. 27, 1990, repealed former § 21-100, relative to the promulgation of regulations by the chief of police, which derived from the 1960 Code, § 20-14; Ord. No. 2270, § 11; and Ord. No. 3889, § 26, adopted Dec. 7, 1987.

Sec. 21-101. Posting and carrying licenses.

Any licensed company under this article shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on his place of business described in such license. The individual licensee shall carry on his or her person, at all times when performing services as a security officer or as an armored car delivery service, a wallet sized certificate of the license issued under this article. (Code 1960, § 20-15; Ord. No. 2270, § 12; Ord. No. 3889, § 27, 12-7-87; Ord. No. 3973, § 9, 8-27-90)

Sec. 21-102. Impersonation of state police officers.

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. (Code 1960, § 20-16; Ord. No. 2270, § 12; Ord. No. 3889, § 28, 12-7-87; Ord. No. 3973, § 10, 8-27-90)

Secs. 21-10321-112. Reserved.

ARTICLE VI. PAWNBROKERS, JUNK DEALERS AND SECONDHAND DEALERS2

Sec. 21-113. Definitions.

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

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

Junk dealer means every person who shall be engaged buying, selling, keeping, disposing of or collecting junk except as hereinafter provided.

Pawnbroker means every person, other than banks, trust companies or bond brokers 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 articles in pledge for loans, as security or in pawn for the repayment of moneys and exacts an interest for such loans, except as hereinafter provided.

Recycler means any person or business that buys or collects salvageable material and sells the same, in bulk to manufacturers and not to individuals.

Secondhand goods are 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 nonidentifiable form, but excluding books, magazines and postage stamps.

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

Reprocessed goods means any item of personal property that is substantially rebuilt or remanufactured. (Ord. No. 3744, § 1, 9-17-84; Ord. No. 3973, § 11, 8-27-90)

Sec. 21-114. License required.

No person shall engage in, carry on, conduct or permit to be carried on, engaged in or conducted within the city the business of any pawnbroker, junk dealer or secondhand dealer, whether it is a separate business or in connection with any other business, or advertise the same by means of signs or notices on buildings or windows, by distribution of printed circulars, by public display or otherwise in any manner whatsoever without first obtaining a business and occupation license therefor, paying a license fee in accordance with the fee schedule adopted by the city council during the annual budgetary process and posting or displaying such license in a conspicuous place within the premises covered by such license. (Ord. No. 3744, § 2, 9-17-84; Ord. No. 3973, § 12, 8-27-90; Ord. No. 3979, § 6, 9-10-90; Ord. No. 4222, § 5, 9-21-98; Ord. No. 4339, § 3, 9-22-03)

Sec. 21-115. Applicability of article.

The provisions of this article shall not apply to the following dealers or transactions:

(1) Dealers in motor vehicles, the owners of which are required by state law to have certificates of title therefor.

(2) Dealers in furniture and household goods which are hereby defined as clothing except furs, beds, bedding, davenports, tables, desks, chairs, stoves, floor coverings, crockery, glassware, kitchen and cooking utensils, refrigerators, ranges, shades, blinds, and curtains, washing machines and power ironers.

(3) Recyclers.

(4) To give an allowance for the trade-in or exchange of used goods on the purchase of other merchandise of the same kind or greater value and to resell the trade-in.

(5) To engage in the business of reprocessing goods or selling reprocessed goods.

(6) For any secured party to dispose of his or her own collateral after default as provided by Idaho state law.

(7) To sell unredeemed or unclaimed goods repaired in the regular course of a repair service in order to satisfy mechanics’ liens.

(8) Garage, yard or similar sales not exceeding three (3) such sales in a calendar year and not exceeding seventy-two (72) hours in duration for each sale. (Ord. No. 3744, § 3, 9-17-84; Ord. No. 3973, § 13, 8-27-90; Ord. No. 4465, § 1, 3-12-07)

Sec. 21-116. Prohibited acts.

It is a misdemeanor for any pawnbroker, junk dealer or secondhand dealer to:

(1) Refuse to allow the inspections as required in this article.

(2) Falsify, obliterate, display, or remove 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) Fail to comply with the reporting requirements of this article.

(4) Receive any property from any person under eighteen (18) years of age. (Ord. No. 3744, § 4, 9-17-84; Ord. No. 3973, § 14, 8-27-90)

Sec. 21-117. Records of transactions – Required to be kept.

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, 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, a description of such article received in such transaction, sufficient to identify the same, including all particular or prominent marks or identification that may be found on the property, the signature, address, age, sex and description of the person receiving, delivering or transferring the property or who is otherwise dealt with, and the date and hour of the transaction. Said record shall be kept in the English language and written in ink. (Ord. No. 3744, § 5, 9-17-84; Ord. No. 3973, § 15, 8-27-90)

Sec. 21-118. Same – Reports to police department.

(a) Every pawnbroker, junk dealer or secondhand dealer shall, each day, excepting holidays, on forms provided by the chief of police, report transactions for that day.

(b) Said report shall be forwarded to the chief of police at least once a week. Report must be received by the police department within seven (7) days of its calendar date.

(c) The chief of police shall, upon receipt of such reports, cause the same to be filed in the office of the police department in accordance with city record keeping policy and the same shall be open for inspection only to the police department of the city or upon an order of the court duly made for that purpose.

(d) Auctioneers who maintain records pursuant to section 21-117 shall be exempt from daily reporting requirements as provided in this section. (Ord. No. 3744, § 6, 9-17-84; Ord. No. 3973, § 16, 8-27-90)

Sec. 21-119. Same – Inspections.

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

(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. 3744, § 7, 9-17-84)

Sec. 21-120. Record of sales.

If any article received by any pawnbroker or secondhand dealer shall be sold within forty-five (45) days from the date that it is so received, such pawnbroker or secondhand dealer shall, on his copy of the record of its reception, write in ink or indelible pencil the name and address of the person to whom such sale is made and the date of such sale. (Code 1960, § 24-10)

Secs. 21-12121-130. Reserved.

ARTICLE VII. CHILD CARE

Sec. 21-131. Definitions.

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

Applicant means any person making application for a license or background study or for the renewal of a license to operate a child care facility or act as a child care employee, volunteer, substitute or resident.

Child care means supervision and non-medical care provided on a regular basis during any twenty-four-hour period for children under the age of thirteen (13) years, not the children or stepchildren of the provider, in return for compensation at a child care facility.

Child care employee or volunteer means a person who is sixteen (16) years 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:

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

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

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

Licensee means a person who holds a current and valid license issued by the city for the operation of a child care or preschool facility.

Person means any individual, partnership, association, corporation, or organization of any kind, and any governmental entity, including the state of Idaho, and every political subdivision thereof.

Preschool facility means a home or place of structured instruction where educational sessions last no longer than four (4) consecutive hours, 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, where no meals are served and no sleeping area is provided.

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

Resident means any person who resides in a home or place where child care or a preschool is provided.

Substitute means an adult person who intermittently provides a service to a child care or preschool facility who is responsible for the supervision and care of the children at the facility during the absence of the licensee. (Ord. No. 4429, § 2, 1-9-06; Ord. No. 4560, § 1, 12-12-11)

Sec. 21-132. Applicability of article.

The regulations set out in this article shall apply to all child care or preschool facilities and persons entering into or engaged in the business of operating a child care facility or preschool as defined above, within the limits of the city, specifically including private nurseries, preschools, kindergartens or any other private facility caring for children during either the day or night; 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) Licensure shall not be required for child care of up to two (2) hours’ duration while the parent or guardian is on premises, providing 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;

(7) The care of a child or siblings of one additional family in addition to the person’s own children, unless the number of children in care exceeds three (3) children. (Ord. No. 4429, § 2, 1-9-06; Ord. No. 4560, § 2, 12-12-11)

Sec. 21-133. License required.

No person shall operate a child care or preschool facility within the city unless a license is first procured, prominently displayed in the place, home, building or location, and is maintained in effect and has not been revoked. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-134. Application.

Each applicant for a child care or preschool license shall complete an application form provided by the city. The application shall include authorizations for a background study for the prospective applicants, their employees, regular volunteers, substitutes, persons living at the facility who are thirteen (13) years of age or older, and any other persons who will have access to or are directly responsible for the care and treatment of children in care. The consent of all persons subject to a background study shall be under oath on forms provided by the city and shall accompany the application. Failure to provide the necessary information or authorizations shall be grounds to deny a license. (Ord. No. 4429, § 2, 1-9-06; Ord. No. 4560, § 3, 12-12-11)

Sec. 21-135. Fees.

The application for a license or a license renewal for the operation of a child care or preschool facility shall be accompanied by a license fee and appropriate fingerprint fee, as determined by the community development department. The fee schedule shall be set by the city council during the annual budgetary process. Renewal fees shall be determined by the community development department from the fee schedule set by the city council.

The fee schedule for fiscal year 2013 for a limited fingerprint based background check shall be twenty dollars ($20.00). (Ord. No. 4429, § 2, 1-9-06; Ord. No. 4590, § 1, ?-?-12)

Sec. 21-136. Issuance.

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. Such licenses are premises-specific and may not be used to provide childcare or preschool in any place, home, building or location other than the one named on the license. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-137. Term.

Licenses issued under this chapter shall be issued for a period of one (1) year, term beginning from the date which it is issued and shall be renewed annually. Upon renewal, the provider or employee must present a completed application accompanied by authorizations for background studies and fees, at least thirty (30) days prior to license expiration. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-138. Standards.

All standards applicable to child care or preschool facilities adopted by the state, including, but may not be limited to, Chapter 11, Title 39 of the Idaho Code, as it currently exists and as it may from time to time be amended, shall apply to all child care or preschool facilities licensed herein, unless a more stringent standard is adopted by the city. In addition, the following standards shall apply:

(1) Age and health of provider. The provider must be eighteen (18) years old or older. Persons sixteen (16) to seventeen (17) years of age may provide care if directly supervised by the provider. A provider or child care employee must not work when ill as per Rules and Regulations Governing Idaho Reportable Diseases.

(2) CPR/first aid. At least one (1) adult child care employee shall be on premises at all times who has a current certification in pediatric rescue breathing and first aid treatment from a certified instructor.

(3) Child/staff ratios. Staff engaged in the supervision and care of the children must be within sight and/or hearing of the children at all times and close enough to assist a child in an emergency. For child-to-staff ratio purposes, all children on premises shall be counted. Child-to-staff ratios for each classification shall be a maximum of twelve (12) points per child care employee based upon the following point system:

Family and group classifications:

Age of Child

Points per Child

Child-Staff Ratio

Birth to less than 2 years

3

4:1

2 years to less than 3 years

2

6:1

3 years to less than 7 years

1

12:1

7 years to less than 13 years

0.5

24:1

Children of the provider: when children of the provider reside on the facility premises, points for provider’s children over the age of five (5) years shall equal zero (0) points.

Center and preschool classifications:

Age of Child

Points per Child

Child-Staff Ratio

Birth to less than 2 years

2

6:1

2 years to less than 3 years

1.5

8:1

3 years to less than 7 years

1

12:1

7 years to less than 13 years

0.5

24:1

a. Family child care facility: one (1) adult child care employee or adult volunteer on duty during hours of operation.

Facility may increase from six (6) children up to two (2) additional children to include facility operator’s children and/or before and after school children (first grade and up) without affecting the classification of the facility. The maximum number of children is eight (8), unless restricted by point system or facility’s occupant load as determined by the International Building Code, as it currently exists and as it may from time to time be amended.

When public school is not in session (summer months, teacher in-service days, holiday breaks and early releases), family child care facilities may allow up to a maximum of twelve (12) children, including provider’s own children, without obtaining a city license for a group day care facility if there is at least one (1) additional child care employee or volunteer on duty.

b. Group child care facility: two (2) adult child care employees or adult volunteers on duty during hours of operation.

Facility may increase from twelve (12) children up to four (4) additional children to include facility operator’s children and/or before and after school children (first grade and up) without affecting the classification of the facility. The maximum number of children is sixteen (16), unless restricted by point system or facility’s occupant load as determined by the International Building Code, as it currently exists and as it may from time to time be amended.

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.

(4) Emergency and immunization record. Each child enrolled in a child care or preschool facility shall provide to the operator the name of the personal physician of the child, a health history of the child including childhood diseases, allergies and medication taken, an immunization record which shall record the immunizations the child has received, and the name, address and telephone number of a person other than the parent or guardian to contact in case of an emergency involving the child.

(5) Inspection of premises. Each child care or preschool facility premises shall be inspected in accordance with section 21-23 of this code, including a health inspection by the district health department. A safety checklist with the minimum building, fire and health requirements shall be available for each classification.

(6) Outdoor play area. Each child care facility, excluding preschools, shall include a safe and sanitary outdoor play area that meets the following requirements:

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

b. Exterior balconies, porches or stairs are stable and space under porches is closed off;

c. Vertical offsets such as outside basement window wells, stairways or retaining walls are provided with guardrails;

d. 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);

e. Swimming pools, ponds, wells, tool sheds, and other hazards are fenced or closed off;

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

g. There are no poisonous substances such as cleaners, chemicals, gasoline, solvents, poisonous plants, berries or mushrooms;

h. The sandbox or sand play area is covered when not in use;

i. 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);

j. There are no openings that can trap a child’s head (approximately four (4) to eight (8) inches).

Exception: An indoor play area allowing seventy-five (75) square feet per child may be provided in lieu of an outdoor play area.

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

a. Allow indecent, immoral or profane language or indecent, immoral or disorderly conduct;

b. Allow the use or consumption of any alcoholic beverage;

c. Allow the use, possession or consumption of any unlawful drug or narcotic, including marijuana;

d. Allow the use, legal or illegal, of prescription or nonprescription drugs that would impair a person’s ability to supervise or transport children;

e. Perform any work or activities that interfere with the care of the children;

f. Allow smoking in the presence of children or in child care areas during child care hours;

g. Allow any firearm, ammunition or other weapon outside a locked cabinet;

h. Allow any person to provide unsupervised care of the children in care who is under eighteen (18) years of age;

i. Allow the continued presence of any person who has received a disqualifying background study or is known to have a disqualifying background.

(8) Qualifications of substitutes. Except in emergencies, any person left alone with children shall:

a. Be at least eighteen (18) years of age;

b. Hold a current certificate in first aid and pediatric CPR;

c. Have completed a background study;

d. Have spent time with the children before being left in charge;

e. Have a good understanding of the child care routines, children’s special health and nutrition needs including allergies, and emergency procedures.

(9) Transportation. Any person who transports children shall:

a. Possess a valid state issued driver’s license;

b. Have completed a background study;

c. Use a vehicle that is registered and insured according to Idaho State law;

d. Not leave children unattended in the vehicle or unsupervised at any time;

e. Assure proper restraints are used for each child transported. (Ord. No. 4429, § 2, 1-9-06; Ord. No. 4560, § 4, 12-12-11)

Sec. 21-139. Background study.

The background study for persons who are eighteen (18) years of age or older shall include a fingerprint-based criminal history check. For persons under the age of eighteen (18) the background study shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department of health and welfare records authorized by the minor and the child’s parent or guardian. A background study shall be required annually and a fingerprint-based criminal history check shall be required every three (3) years.

To determine the suitability of prospective applicants for child care providers or employees, the business licensing office shall require each person subject to a background study to provide personal information to obtain local background history, and when necessary, fingerprints to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to the authority of Idaho Code, Section 67-3008, and congressional enactment Public Law 92-544, the city shall submit the applicant’s personal information, fingerprints and required fees to appropriate state and federal agencies, including the Federal Bureau of Investigation, if applicable, for a criminal history records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The business licensing office is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation and shall use the information solely for the purpose of evaluating the character, suitability, and competence of applicants, their employees, regular volunteers, substitutes or persons living or working at the facility who will have access to or are directly responsible for the care and treatment of children in care at the facility. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-140. Disqualifying crimes or conduct.

Any individual who is subject to a background study shall be disqualified from access to or direct contact, whether supervised or unsupervised, with children in care upon receipt of information showing, or when a background study completed under this chapter shows any of the following:

(1) The individual provided false or misleading information, refused to disclose any information required on the application form or refused to authorize the police investigation required by this chapter;

(2) A conviction of or admission to one or more of the following crimes, or any substantially similar provision in another jurisdiction, not withstanding the form of judgment(s): Idaho Code Sections 18-1505 (abuse, neglect or exploitation of a vulnerable adult); 18-801 through 18-805 (aggregated, first degree and second degree arson); 18-6605 (crimes against nature); 18-6608 (forcible sexual penetration by use of foreign object); 18-6602 (incest); 18-1501 (injury to a child, felony or misdemeanor); 18-4501 through 18-4503 (kidnapping); 18-1508 (lewd conduct with a minor); 18-5001 (mayhem); 18-4001, 18-4003 (murder in any degree); 18-4006 (voluntary manslaughter); 18-4015 (assault or battery with intent to commit serious felony); 18-4014, 18-5501 (poisoning); 18-1507A (possession of sexually exploitative material); 18-6101 (rape); 18-6501 (robbery); 18-7905 (felony stalking); 18-1511 (sale or barter of a child); 18-1506 and 18-1507 (sexual abuse or exploitation of a child); 18-1509 and 1509A (enticing of children); 18-1513 through 181515 (disseminating obscene material to minors); any felony punishable by death or life imprisonment; 18-306, 18-1701 and 18-205 (attempt, conspiracy, or accessory after the fact);

(3) A conviction of or admission to one or more of the following crimes, or any substantially similar provision in another jurisdiction, not withstanding the form of judgment(s) within seven (7) years of the application: Idaho Code Sections 14-1401 (burglary); 18-2407(1) (grand theft); 18-2403 (theft); 18-3123 and 18-3124 (forgery of and fraudulent use of a financial transaction card); 18-3601 through 18-3620 (forgery and counterfeiting); 41-293 and 41-294 (insurance fraud); 56-227 and 56-227A (public assistance fraud); Chapter 27 , Title 37, Idaho Code (Uniform Controlled Substances Act);

(4) The individual has been committed pursuant to Chapter 3 , Title 66, Idaho Code, or similar provision in another jurisdiction, unless:

a. Such individual has been released from, and no longer under, any form of treatment in relation to such commitment; and

b. Such individual has been examined at his own expense by at least two (2) professionals licensed to evaluate the mental health of individuals, at least one (1) of whom shall be a psychiatrist, and both professionals certify that the individual is no longer mentally ill and presents no threat or danger to any child;

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

(6) The individual received a withheld judgment entered for any of the above crimes. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-141. Administrative review.

In the event that the individual’s background study reveals crimes or conduct not designated in section 21-140 or a preponderance of evidence indicating the individual has committed an act or acts that meet the definition of any of the crimes listed, the city shall initiate an administrative review. The administrative review shall be conducted by the director of community development, the chief of police, the city attorney and the city manager, or their designee, and shall consider factors or evidence including, but not limited to, the following in determining the suitability of the individual:

(1) The individual’s attempt or conspiracy to commit any of the offenses listed in section 21-140, as each of these offenses is defined in Idaho Statues, disqualifies the individual;

(2) The severity or nature of the offense or other findings;

(3) The period of time since the incident(s);

(4) The number and pattern of incident(s);

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

(6) Relationship of the incident(s) to the care of children;

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

(8) Granting of a pardon by the Governor or the President; and

(9) The falsification or omission of information on the self-declaration form and other supplemental forms submitted. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-142. Findings.

After evaluating the information immediately available, the city shall consider the following:

(1) Whether the individual poses an imminent risk of harm and shall not be allowed access to or direct contact with children in care;

(2) Whether the individual poses an imminent risk of harm requiring continuous, direct supervision while having access to or direct contact with children in care;

(3) Whether the individual does not pose an imminent risk of harm or a risk of harm, but requires continuous, direct supervision while having access to or direct contact with children in care.

After determining an individual’s risk of harm under this section, the community development department shall issue a notice of decision to the subject of the background study and the applicant or license holder. Reviews conducted under this section may be appealed in accordance with section 21-145 of this article. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-143. Denial, suspension or revocation of a license.

The city may deny, suspend or revoke a license to operate a childcare or preschool facility if an applicant or licensee:

(1) Provided false or misleading information, refused to disclose any information required on the application form or refused to authorize the police investigation required by this chapter;

(2) Has a disqualifying background study under section 21-140 or any other persons residing or working in the facility have a disqualifying background study;

(3) Has been denied a certificate or license to operate a child care or preschool facility in any state, unless the denial was based upon the applicant’s failure to complete the certification or licensing process according to a required time-frame;

(4) Has had a certificate or license to operate a child care or preschool facility revoked or suspended in any state;

(5) Has failed to substantially comply with any provision in this article;

(6) Substantially complies with this article, but refuses to carry out a plan acceptable to the city to eliminate any deficiencies;

(7) Refused to allow entry of a parent or guardian having legal custody of the child or children, or a city inspector or his designee, at any time during the period of care of the child or children;

(8) Has violated this chapter, any ordinance of the city with regard to the premises where the child care or preschool facility is located, or any other ordinance of the city or statute of the state of Idaho or of the United States involving controlled substances, physical or sexual abuse involving children, or a crime of moral turpitude;

(9) Has had a conviction of or admission to any of the crimes listed in section 21-140. In determining whether to deny, suspend, or revoke a license, the city shall consider the risk to the health and safety of the children in a facility based on such factors as:

a. Repeated violations of applicable codes or ordinances;

b. A pattern of noncompliance;

c. The type of violation;

d. The severity of each violation; and,

e. The number of violations.

The denial, revocation or suspension of a license shall be accomplished by the director of community development. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-144. Notice; hearing.

(a) Notice. Prior to the revocation of any license or the denial of a license, application for a license or renewal thereof, written notice of reasons for such action shall be given to the applicant or licensee by the city. Such notice shall state that the applicant or licensee may request a hearing on such decision before the city manager within ten (10) days of receiving the notice.

(b) Hearing. Should the applicant or licensee request a hearing within such ten (10) day period, the applicant shall be notified in writing by the city of the time and place of the hearing. Should an emergency exist and the community development director shall certify that there is an immediate danger to the life or health of a child, the license may be summarily revoked pending the notice and hearing provided herein.

The director of community development may deny, suspend or revoke any child care or preschool license for violations of any of the terms of this chapter, or for other cause, after a hearing, upon not less than ten (10) days’ written notice to the licensee, such notice to specify the grounds for the proposed denial, revocation or suspension. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-145. Appeal procedures.

The applicant may appeal the decision of the community development director to the city manager. The community development director shall provide the city manager with findings of fact and conclusions of law. The city manager shall review the findings and conclusions to determine if there has been an abuse of discretion in the decision to deny, suspend or revoke any license. The licensee and the director of community development may submit oral or written argument to the city manager.

Upon hearing the appeal, the city manager shall transmit a decision on appeal and findings of fact and conclusion of law to the applicant or licensee. (Ord. No. 4429, § 2, 1-9-06)

Sec. 21-146. Violations; penalties.

(a) The violation of any provision of this article shall be a misdemeanor punishable by a fine of not to exceed three hundred dollars ($300.00). Each day the violation continues shall be considered a separate violation.

(b) Any violation of this chapter, which continues for more than twenty-four (24) hours, is hereby declared to be a public nuisance; and, in addition to any other civil or criminal remedies, the city may cause such condition to be abated in any manner provided by law. (Ord. No. 4429, § 2, 1-9-06)

Secs. 21-14721-151. Reserved.

ARTICLE VIII. PEDDLERS AND SOLICITORS

Sec. 21-152. Definitions.

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

A canvasser or solicitor means any individual, whether resident of the city or not, either traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property or personal services of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.

Peddler means any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place offering for sale any goods, wares, merchandise, farm products or provisions. A person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler subject to the provisions of this article. The word peddler shall include the definition of hawker and huckster. (Code 1960, § 25-1; Ord. No. 3530, § 1, 7-21-80)

Sec. 21-153. License and permit – Required.

No person shall engage in the business of a peddler or canvasser within the city without first obtaining a permit and license therefor as provided herein. Individual vendors who are participating in events or exhibitions sponsored by a person or entity separate and independent from any vendor are not required to obtain a permit or license hereunder to participate in the sponsored event or exhibition. Exhibition organizers shall comply with sections 21-16 through 21-34 of this code. (Code 1960, § 25-2; Ord. No. 3973, § 18, 8-27-90)

Sec. 21-154. Same – Charitable, etc., organizations.

(a) Nonprofit organizations, religious organizations, fraternal organizations or civic organizations and clubs, wishing to canvass for funds or sell from door to door to occupants of residences to raise funds to be used solely for the purpose for which the organization or club is created, and from which no individual receives a profit, shall apply to the city for a permit, which application shall contain the following information:

(1) The name of the organization or club.

(2) The names of individuals who will be soliciting.

(b) The city shall issue such permit to any such organization upon receipt of such application. Solicitation pursuant to such permit shall be conducted only between the hours of 8 a.m. and 8 p.m. 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, which badge shall be worn conspicuously on the front of his or her outer garment at all times while the permittee is engaged in soliciting.

(c) Each permit issued pursuant to this section shall expire on December 31st of the year it is issued.

(d) Such permit shall be issued without charge to the applicant.

(e) No person shall solicit for funds or sales for any such organizations or clubs from door to door or from occupants of residences within the city without first having obtained a current permit from the city; nor shall any person solicit during any hours other than those set forth above; nor shall any person solicit without wearing the badge, nameplate or tag set forth above. A violation of any provision of this section shall be a misdemeanor. (Code 1960, § 25-2.1; Ord. No. 3427, § 1, 2-6-78; Ord. No. 3889, § 29, 12-7-87)

Sec. 21-155. Same – Application.

Applicants for permits and licenses under this article must file with the city a sworn application in writing, on a form to be furnished by the city, which shall give the following information:

(1) The name and description of the applicant.

(2) His address, legal and local.

(3) A brief description of the nature of the business and the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.

(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(5) The length of time for which the right to do business is desired.

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

(7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

(8) Reserved.

(9) A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or violation of any provisions of this code or other ordinance, the nature of the offense and the punishment or penalty assessed therefor. (Code 1960, § 25-3; Ord. No. 3530, § 2, 7-21-80; Ord. No. 3889, § 30, 12-7-87)

Sec. 21-156. Reserved.

Editor’s note – Section 21-156, relative to bond for certain solicitors, derived from the 1960 Code, § 30B-8, was repealed by Ord. No. 3530, § 3, adopted July 21, 1980.

Sec. 21-157. Same – Investigation; issuance.

(a) Upon receipt of an application for a license and permit required by this article, the original shall be referred to the police department, who shall cause such investigation of the applicant’s business and moral character to be made as deemed necessary for the protection of the public good. Pursuant to the authority of Idaho Code Section 67-3008, and congressional enactment Public Law 92-544, the city shall submit the applicant’s personal information, fingerprints and required fees to appropriate state and federal agencies, including the Federal Bureau of Investigation, if applicable, for a criminal history records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The business licensing office of the city of Lewiston is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation and shall use the information solely for the purpose of evaluating the character of applicants who will be peddling or soliciting door to door within the city. As required by state and federal law, and by the city of Lewiston community development department policy, further dissemination or other use of the criminal history information is prohibited.

(b) If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the police department may endorse on such application disapproval and reasons for the same and shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(c) If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the police department shall endorse on the application approval. The city, upon payment of the prescribed license fee, shall deliver to the applicant the identification card and issue a license.

(d) Such licenses shall be on a form prepared by the city.

(e) The city shall keep a permanent record of all licenses issued. (Code 1960, § 25-5; Ord. No. 3889, § 31, 12-7-87; Ord. No. 4302, § 3, 4-22-02; Ord. No. 4571, § 1, 12-12-11)

Sec. 21-158. Same – Fees.

(a) All persons or entities desiring a license required by this article shall pay a fee in accordance with the fee schedule adopted by the city council during the annual budgetary process. Said license shall be valid for the calendar year in which it is purchased.

(b) No fee shall be charged a person selling products of the farm or orchard actually produced by the seller.

(c) The annual fees herein provided for shall be assessed on a calendar year basis. (Code 1960, § 25-4; Ord. No. 2879, § 1; Ord. No. 3842, § 3, 11-3-86; Ord. No. 3889, § 32, 12-7-87; Ord. No. 3973, § 19, 8-27-90; Ord. No. 3979, § 7, 9-10-90; Ord. No. 4222, § 7, 9-21-98; Ord. No. 4339, § 3, 9-22-03; Ord. No. 4571, § 1, 12-12-11)

Sec. 21-159. Same – Expiration date.

All licenses issued under the provisions of this article shall expire one year from the date when issued. (Code 1960, § 25-6; Ord. No. 3889, § 33, 12-7-87; Ord. No. 4374, § 7, 11-22-04)

Sec. 21-160. Same – Exhibition upon request.

Peddlers or canvassers shall exhibit their licenses at the request of any citizen. (Code 1960, § 25-7)

Sec. 21-161. Same – Revocation.

(a) Permits and licenses issued under the provisions of this article may be revoked by the council after notice and hearing, for any of the following causes:

(1) Fraud, misrepresentation or false statements contained in the application for a license.

(2) Fraud, misrepresentation or false statements made in the course of carrying on his business as peddler.

(3) Any violation of this article.

(4) Conviction of any crime or misdemeanor involving moral turpitude.

(5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.

(c) Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing. (Code 1960, § 25-8)

Sec. 21-162. Same – Appeals.

(a) Any person aggrieved by the denial of a permit or license, or the action of the council in the assessing of the fee, shall have the right of appeal to the council of the city.

(b) Such appeal shall be taken by filing with the council, within fourteen (14) days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds of appeal.

(c) The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant.

(d) The decision and order of the council on such appeal shall be final and conclusive. (Code 1960, § 30B-6; Ord. No. 2386, § 12; Ord. No. 3889, § 34, 12-7-87)

Sec. 21-163. License plates and badges.

The city shall issue a license to each licensee under this article, which license shall be carried with the licensee at all times that he is engaged in the activity or business licensed pursuant to this article and shall be produced and exhibited upon the demand of any person with whom the licensee seeks to do business or upon the demand of a police officer. (Code 1960, § 25-9; Ord. No. 3593, § 13, 10-26-81; Ord. No. 3889, § 35, 12-7-87)

Sec. 21-164. Use of streets, parks, etc.

(a) Peddlers and solicitors may take and conduct sales and solicitations in and upon the sidewalks, streets, parks and public property of the city; provided however, that peddlers and solicitors shall not intentionally impede or 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 which would impede the general public include but are not limited to the following:

(1) All operation of peddlers and solicitors within the parks of the city shall be within the direction and supervision of the director of parks and recreation. Peddlers and solicitors may take and conduct sales and solicitations and otherwise conduct their business only within city parks wherein the city has not contracted for a concessionaire within said park.

(2) No peddler shall have any exclusive right to any location in the public streets, nor shall any peddler be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.

(b) For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Code 1960, § 25-11; Ord. No. 3530, § 4, 7-21-80)

Sec. 21-165. Enforcement of article.

Any police officer of the city shall require any person seen peddling and who is not known by such officer to be duly licensed to produce his peddler’s license and enforce the provisions of this article against any person found to be violating the same. (Code 1960, § 25-12)

Sec. 21-166. Reports of violations; record of same.

(a) The chief of police shall report to the city clerk all convictions for violation of this article.

(b) The clerk shall maintain a record for each license issued and record the reports of violation therein. (Code 1960, § 25-13)

Secs. 21-16721-174. Reserved.

ARTICLE IX. RESERVED3

Secs. 21-17521-198. Reserved.

ARTICLE X. TREE PRUNERS4

Sec. 21-199. Tree pruner’s license.

It shall be unlawful for any person to engage in the commercial business, trade or for hire of cutting, trimming, pruning or removing trees located within the public right-of-way without first procuring a tree pruner’s license and complying with the provisions of Chapter 21, Article II of this code. (Ord. No. 3776, § 2, 7-1-85)

Sec. 21-200. License requirements.

Each applicant for a license or renewal of a license shall make application to the city upon a form provided by the city. Such application shall show:

(1) The name, business address, home address of the applicant, if the applicant is an individual or a sole proprietor;

(2) The business address and home address of each person employed in tree pruning, if the applicant be a firm, association or corporation;

(3) A statement of the qualifications of each person to be employed as a tree pruner to include length of time employed as a tree trimmer, training and experience as a tree pruner; and

(4) A certificate of issuance. (Ord. No. 3776, § 2, 7-1-85; Ord. No. 3889, § 40, 12-7-87)

Sec. 21-201. Tree pruner’s examination.

(a) The 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 forester of successful completion of the certified arborist exam and certification by the International Society of Arboriculture before performing any work within the public right-of-way.

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

(c) Each license shall be issued for a period of three (3) years.

(d) All licensees shall satisfactorily pass the certified arborist exam every three (3) years or maintain their certification through continuing education credits, as required by the International Society of Arboriculture. (Ord. No. 3776, § 2, 7-1-85; Ord. No. 4339, § 3, 9-22-03; Ord. No. 4634, § 1, 7-13-15)

Sec. 21-202. Certificate of liability and property damage insurance.

There shall be on file with the city a certificate of liability and property damage insurance executed by a surety authorized to transact business within the state of Idaho. Minimum limits shall be three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) per occurrence for property damage or three hundred thousand dollars ($300,000.00) combined single occurrence limits for both bodily injury and property damage. (Ord. No. 3776, § 2, 7-1-85)

Sec. 21-203. Appeals.

Any person aggrieved by the action of the forester or city in the denial of a license shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city, within fourteen (14) days after notice of the action complained of has been mailed to such persons’ last known address, a written statement setting forth fully the grounds of appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant. The decision and order of the council on such appeal shall be final and conclusive. (Ord. No. 3776, § 2, 7-1-85; Ord. No. 3889, § 31, 12-7-87)

Sec. 21-204. Revocation of license.

(a) A tree pruner’s license may be revoked by the council upon recommendation of the forester for any of the following causes:

(1) Improper pruning practices;

(2) Failure to obey direction of forester;

(3) Failure to perform conditions of a permit issued under Chapter 26;

(4) Any violation of this article or Chapter 26.

(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Notice of the hearing shall be mailed postage prepaid to the licensee at his last known address at least ten (10) days prior to the date set for the hearing. (Ord. No. 3776, § 2, 7-1-85)

Sec. 21-205. Violation made a misdemeanor.

Any violation of the provisions of this article is declared to be a misdemeanor punishable by a fine not to exceed three hundred dollars ($300.00), imprisonment not to exceed six (6) months, or both. (Ord. No. 3776, § 2, 7-1-85)


1

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

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.; gas installation license, § 18-5 et seq.; restaurant permit required, § 19-17; industrial development, Ch. 19.75; license to install oil burning equipment, § 25-6 et seq.; license to erect signs, § 30-30; vehicles for hire, § 34-20 et seq.; taxicab driver’s license, § 34-57 et seq.; operator’s license for other than taxicab, § 34-98 et seq.; license for public carrier, § 34-112 et seq.


2

Editor’s note – Ord. No. 3744, enacted Sep. 17, 1984, amended §§ 21-113 – 21-119 of Art. VI to read as herein set out. Prior to such amendment said sections were derived from the 1960 Code, §§ 24-1 – 24-3, 24-6 – 24-9.


3

Editor’s note – Ord. No. 3973, § 20, adopted Aug. 27, 1990, repealed former Art. IX, §§ 21-175 – 21-198, relative to massage and massage establishments, which derived from Ord. No. 3243, §§ 1 – 25, adopted Nov. 25, 1974; Ord. No. 3593 §§ 14 – 17, adopted Oct. 26, 1981; and Ord. No. 3889, §§ 36 – 39, adopted Dec. 7, 1987.


4

Cross references – Street trees, § 26-39 et seq.; vegetation, Ch. 35.5; compliance with tree pruning practices, § 35.5-1.