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0691 Occupational Licenses 2011CITY OF CHUBBUCK, IDAHO ORDINANCE NO. wq I AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 5.04.040 TO PROVIDE OCCUPATIONAL LICENSES BE ISSUED BY THE CITY CLERK WITH APPEAL TO THE CITY COUNCIL IF ISSUANCE IS DENIED, PROVIDING CRITERIA FOR DENIAL AND PROVIDING THAT ANY DOOR TO DOOR SOLICITORS MUST HAVE CRIMINAL HISTORY CHECKS, AMENDING SECTION 5.04.060 TO PROVIDE THE FORM OF LICENSE SHALL BE AS PROVIDED BY THE CITY; REPEALING SECTION 5.04.070 REGARDING APPLICATIONS THAT MUST BE REVIEWED BY THE CITY COUNCIL; AMENDING SECTION 5.04.080 TO PROVIDE FOR A DIFFERENT FORM OF LICENSE; AMENDING SECTION 5.04.090 TO PROVIDE FOR NEW LICENSES TO BE IN EFFECT FOR TWELVE MONTHS FROM THE MONTH OF ISSUANCE; AMENDING SECTION 5.05.050 TO PROVIDE LICENSE APPLICATIONS UNDER CHAPTER 5.05 SHALL BE REVIEWED BY THE CHIEF OF POLICE WHO SHALL MAKE RECOMMENDATIONS TO THE CITY CLERK ON WHETHER THE LICENSE SHOULD BE ISSUED AND, IF DENIED, TO PROVIDE FOR APPEAL TO THE CITY COUNCIL; AMENDING SECTION 5.44.090 TO PROVIDE A TEMPORARY VENDOR'S LICENSE SHALL BE ISSUED BY THE CITY CLERK AFTER REVIEW OF DEPARTMENT HEAD RECOMMENDATIONS AND, IF DENIED, TO PROVIDE FOR APPEAL TO THE CITY COUNCIL; ADDING SECTION 5.04.110 TO PROVIDE FOR THE REVOCATION OR SUSPENSION OF A LICENSE ISSUED UNDER CHAPTER 5.04 AND TO PROVIDE FOR THE TEMPORARY SUSPENSION BY THE CHIEF OF POLICE FOR VIOLATIONS OF THE CHUBBUCK CODE AND PROVIDING FOR THE OPPORTUNITY FOR NOTICE AND HEARING BEFORE THE COUNCIL TO CONSIDER WHETHER THE LICENSE TEMPORARILY SUSPENDED SHOULD BE REVOKED OR THE SUSPENSION CONTINUED; AMENDING CERTAIN SECTIONS OF TITLE 5, CHUBBUCK MUNICIPAL CODE TO PROVIDE THAT CERTAIN NEW LICENSEES ISSUED IN 2011 SHALL EXPIRE ONE YEAR FROM DATE OF ISSUANCE BUT LICENSES ISSUED PRIOR TO 2011 AND RENEWALS THEREON SHALL CONTINUE TO EXPIRE ON DECEMBER 31 OF EACH YEAR; AMENDING SECTIONS 5.07.060, 160 AND 170 TO CLARIFY LANGUAGE REGARDING A TAXICAB DRIVER'S LICENSE; PROVIDING IN SECTION 5.24.020 THAT APPLICATION FEES ARE NOT REFUNDED; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTERS 5.04, 5.05 5.07, 5.24, 5.36 AND 5.44 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 5.04.040 of the Chubbuck Municipal Code is amended as follows: 5.04.040: APPLICATION; REQUIRED: No person, persons, copartnerships, corporations or other association of individuals shall conduct or operate any activity or business within the corporate limits of the city nor shall any license provided for in section 5.04.030 of this chapter be granted or issued to any applicant therefor without the applicant having first signed and filed with the city clerk accompanied by the license fee required, a form of application provided by the city containing such information as may be required by the city in order to enable it to determine whether or not such licenses should be granted. AU business which conducts Ordinance - Page 1 ch ub b u ck 120710bus1 icord.wpd sales door to door must have any of its employees or contractors that will be conducting such solicitations licensed and the background checks required by this Chapter conducted on any such individuals, including any individuals that are subsequently employed after the issuance of the initial license or any renewals thereof. The application shall be reviewed by the city clerk or the clerk's designee as well as by the chief of nolice or the chief's designee and other denartment malonty vote of the governing body is sutticient to issue or deny said applicant a license after said hearing. Grounds for rejection of an application include but are not limited to a record of criminal drugs, history of aggressive solicitations or product misrepresentations, complaints with consumer protection agencies, better business bureaus or other similar agencies in other jurisdictions, has given false or misleading information on the application or in response to subsequent inquiries, or anv other facts or history that indicates an annlicant may engage in public with whom applicant may come in contact in the course of carrying out the enterprise for which the application is sought. Section 2. Section 5.04.060 of the Chubbuck Municipal Code is amended as follows: 5.04.060: APPLICATION; FORM: Application for a license for any business, trade or occupation enumerated in this chapter shall be made to the city clerk or the clerk's designee on an application form provided by the Cites blanks to be ffirnished for that pmpose, which sha verified tinder oath, and shaff be in the fbilowing . Ordinance - Page 2 ch u bb u ck 120710bus1 icord.wpd Section 3. Section 5.04.070 of the Chubbuck Municipal Code is repealed. Section 4. Section 5.04.080 of the Chubbuck Municipal Code is amended as follows: 5.04.080: FORM OF LICENSE: All licenses provided for under this chapter shall be in a form approved by the City Clerk or the Clerk's designee . Section 5. Section 5.04.090 of the Chubbuck Municipal Code is amended as follows: 5.04.090: EXPIRATION: All yearly licenses issued under this Chapter prior to January 1, 2011 shall be geed in effect from date of issuance to December 31 of the year of issuance, unless earlier revoked. All new licenses issued under this Chapter on or after January 1, 2011 shall be in any ncense issuea unaer tnts unapter to a business tnat also rias a beer, wine or liquor license issued under Title 5 of this Code shall have their license continue to be in effect until December 31 of the year of issuance. No refund shall be made of any part of a license fee for a business license that is revoked or granted for a period less than one year. Section 6. Section 5.05.050 of the Chubbuck Municipal Code is amended as follows: 5.05.050: RECOMMENDATION BY CHIEF OF POLICE: All applications for licenses or renewals thereof under this chapter, after review by the chief of police or the chief's designee, shall acted upon by the city clerk in accordance with the recommendation of the chief of police or the chief's designee. If the application is rejected by the city clerk or the clerk's designee the Ordinance - Page 3 chubbuck 120710buslicord.wpd Section 7. Section 5.44.090 of the Chubbuck Municipal Code is amended as follows: 5.44.090: PROCESSING OF APPLICATION: A Applications must be submitted not less than thirty (30) days prior to the operation and/or the special event; B. Upon receipt of the application, the city clerk shall forward the same to the police, fire, building and planning departments for their review, comment and such inspection as each deems appropriate; C. Submission of an application is deemed to be authorization to the police department to conduct background checks upon the applicant and applicant's employees or business as well as permission for the fire department and building department to conduct such inspection and a review of the premises of the proposed locations as may be deemed advisable to assure compliance with this code and other codes adopted by the city or any other governing body; D. Each department shall forward their recommendation on the license to the city clerk or the clerk's designee who shall review the application and the recommendations from the department heads to determine whether or not the license should be issued. If approved the city clerk or the clerk's designee shall issue the license. If the application is rejected and the license denied by the city surncient to issue or deny said applicant a license after said hearinla. who -shall submit the same to tit il fbr consideration at a regularly scheduled E - Section 8. The following section 5.04.110 is hereby adopted: 5.04.110 SUSPENSION PENDING HEARING. Any licensee under this Chapter or under any section of Title 5 of the Chubbuck Municipal Code who violates any provisions of said Code, including but not limited to the provisions of Chapter 9.34, "Aggressive Solicitation," may Ordinance - Page 4 ch u bbuck 120710 busl icord.wpd have the business licensed issued hereunder suspended or revoked by the City Council, after notice and a hearing. The chief of police or the chief's designee may temporarily suspend a license issued under this Chapter or any section of Title 5 for violation of the Chubbuck Municipal Code; provided however such temporary suspension shall expire on the 25`h day after issuance of the suspension by the chief of police or the chief's designee unless the suspension is affirmed by the City Council after providing the licensee with notice and a hearing before the Council prior to the 25`h day after issuance of the suspension. Section 9. The following sections of the Chubbuck Municipal Code are amended as follows to provide for the expiration date of licenses issued under the particular Chapter and to clarify language regarding taxicab driver licenses: 5.05.030: APPLICATION FOR LICENSE; FEE: The application shall state the name of the person, and in the case of a firm or corporation, the names of all of the partners in such firm, or of the directors, officers and stockholders of such corporation; also, the place, street and number where such business is to be carried on, and shall specify the amount of capital proposed to be used by the applicant in such business. At the time of filing such petition, the applicant shall deposit an amount of money equal to one year's charge for the license applied for. This sum of money shall be refunded to the applicant, upon demand, in case the license petitioned for shall not be granted. The license fee for said license, separate from and in addition to a business license fee otherwise required by this code, shall be as set from time to time by resolution of the city council for both a new license and renewal of an existing license. Any A license issued under this Chapter prior to the January 1, 2011 and renewals thereon shall expire December 31 of the year issued but may be renewed. All new licenses issued under this chapter in the year 2011 and thereafter shall be valid for one year from the date of issuance. 5.07.040: FEE: Any person operating a taxicab within the city shall be licensed as a taxicab operator. The fee for such a license shall be as set from time to time by resolution of the city council for both a new license and renewal of an existing license. Any license issued shall expire on the date set forth in Section 5.07.160 below December 3 i of the year issued but may be renewed. A business license under chapter 5.04 of this title shall also be required. If an application for a license under this Chapter is not approved, neither the application fee nor any fees related to criminal history checks or such other types of fees charged to reimburse the city for its out of pocket costs in its investigation shall be refunded. 5.07.060: DRIVERS: No person shall drive a taxicab, or be hired or permitted to do so, unless ire -i& -duly licensed as a taxicab driver under this Chapter. It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liquor or to use any profane or obscene language, to shout or call to prospective passengers, or to disturb the peace in any way. 5.07.160: FORM AND TERM OF TAXI CAB DRIVER'S LICENSE: On satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license which shall be in such form as to contain the photograph and signature of the licensee and blank spaces upon which a record may be made of any arrest or serious complaint against him. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of this license. All new taxicab driver licenses Ordinance - Page 5 chubbuck 120710buslicord.wpd issued under this chanter in the year 2011 and thereafter shall be valid for one year from the date of issuance. All yvarty licenses issued prior to the year 2010 and renewals thereon shall expire on December 31 of the year of issuance, unless earlier revoked. Driver's ficense shall be issued as of the date of issuance and shall be valid to and including Decen+ez 3 1, next succeeding, miless sooner !evoked. The driver of a taxicab shall display in a conspicuous manner within such taxicab his taxicab driver's license with photograph attached. 5.07.170: RENEWAL OF TAXICAB DRIVER'S LICENSE: The city clerk may renew a taxicab driver's license from year to year by appropriate endorsement thereon. A taxicab driver in applying for the renewal of leis the license shall make application upon a form to be furnished, which shall be filled out with the full name and address of the applicant, together with the statement of the date upon which his original license was granted and the number thereof. The license fee and license renewal fee in an amount of two dollars ($2.99) as set from time to time by resolution of the city council shall be paid for taxicab driver's licenses. 5.24.020: LICENSE AND FEE: Any person employed as a security guard or private investigator within the corporate limits of the city shall be licensed by the city as provided in this chapter. The fee for the license shall be submitted with the application in section 5.24.030 of this chapter and shall be as set from time to time by resolution of the city council for both a new license and renewal of an existing license and which shall be in addition to any other license fees imposed by the city. All new licenses issued under this chapter in the year 2011 and thereafter shall be valid for one year from the date of issuance. All licenses issued prior to the year 2010 and renewals thereon shall expire on December 31 of the year of issuance unless earlier revoked . The ficense shall expite Decen+er3f of the year issued but maybe renevved every yea Carrying of a firearm without authorization while acting as a security guard or private investigator shall be grounds for revocation of the license granted hereunder and shall constitute a misdemeanor. Any person licensed under this chapter shall immediately report to the chief of police any discharge of a firearm within the city which occurs in connection with employment as a security guard under this chapter. Nothing in this chapter shall constitute an authorization to carry a firearm in violation of any state or federal law, including, but not limited to, prohibitions on the carrying of a concealed weapon without a permit therefor. If a license is not issued, all license fees to the city submitted with the application shall be refunded to applicant, bat any nionies paid to reimburse the city f6r costs such as fingerprint check shall notberefinbarse retained by city to reimburse it for the cost of processing the application. These fees do not include a fee for fingerprinting. The chief of police shall periodically determine a reasonable charge for taking a set of fingerprints, which charge shall be imposed in addition to any of the foregoing. Any out of pocket costs to the city such as fingerprint checks shall be paid by the applicant and those costs shall be collected from applicant by city along with the license fee at the time of application for license. 5.36.080: EXPIRATION OF LICENSE: A. All new licenses issued under this chapter in the year 2011 and thereafter shall be valid r--- ---- --- --- r---- �1_ _ , . I .. _ Ordinance - Page 6 chubbuck120710bus1icord.wpd revoked. Each An expired license shall expiTe on December 31 of the year of issuance and -may be renewed only by making application as provided in section 5.36.040 of this chapter. An application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected. B. When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to the denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date that the denial became final. 5.44.100: ISSUANCE OF LICENSE: A. The applicant shall be notified in writing on the city's decision to issue or deny the temporary vendor's license not later than thirty (30) days after the applicant has filed a completed application with the city; B. Each license shall show the name and address of the licensee, the kind of goods to be sold, fee, the date of issuance, the license number, an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle registration number and a photograph of the licensee not less than two inches (2") square nor more than three inches (3") square. Each license shall also show the expiration date of the license; C. All new licenses issued ung for one year from the date of i revoked. All licenses issued under this chapter are valid nntil Decenibet -3-1 issuance miless suspended or revoked mid shall be both nonassignable and nontransferable. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapters 5.04, 5.05 and 5.44 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. Ordinance - Page 7 ch u bb uck 120710 bust i cord.wpd PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 25-' day o . teven M. England,or ATTEST: Richard Morgan, dAy Clerk Ordinance - Page 8 ch ub bu ck 120710busl icord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. 0)X 967 LAMONT JONES POCATELLO, IL'AHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 December 2, 2010 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: As promised, enclosed is the proposed rewrite of our business license ordinance that we'd actually been working on for over a year. This combines some cleaning up of the basic business ordinance and also deals with making any licenses issued in 2011 run from the date of issuance. I'm copying Paul, Steve Smart and the Mayor with this so they can look through it to make sure we're okay with it. If they're satisfied, I'd recommend the rule be waived and we pass this so that it's in effect at the first of the year. In anticipation of that, I'm also including a summary which I've not copied to everyone else since it only would go in the newspaper. Sill,cerely. Thomas J. Holmes TJH/ah chubbuck 120210.14. wpd Enclosure cc Mayor Steven England Steve Smart Paul Andrus LAMONT JONES JACK H. ROBISON THOMAS J. HOLMES Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 FAX: (208) 232-5962 E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 December 15, 2010 Enclosed is a revised business license ordinance taking into the account the discussions we had at the December 14 Council meeting. I changed the wording in 5.07.040 per Councilman England's discussion. The driver's license designation in 5.07.160 didn't make any sense taken out of the context of Chapter 5.07 but I went ahead and added 5.07.060 and 5.07.170 as well as rewording 5.07.160 to talk about a tax cab driver's license. That probably makes the whole Chapter 5.07 read better anyway. These are not such significant changes that we need to start over so we can get a second reading at the first Council meeting in January and hopefully adopt this at the first or second Council meeting in January. Sincerely, Thomas J. Holmes TJH/ah chubbuckl21510.il.wpd Enclosure cc Chief Randy Severe Steve Smart Paul Andrus LAMONT JONES JACK H. ROBISON THOMAS J. HOLMES Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 POCATELLO, IDAHO 83204-0967 January 3, 2011 TELEPHONE: (208) 232-5911 FAX: (208) 232-5962 E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 Enclosed is a Summary of Ordnance 691, the business license ordinance that was passed January 25, 2011. . Holmes TJH/ah chubbuck012611.il.wpd Enclosure SUMMARY OF ORDINANCE NO. 691 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending section 5.04.040 to provide occupational licenses be issued by the city clerk with appeal to the city council if issuance is denied, providing criteria for denial and providing that any door to door solicitors must have criminal history checks, amending section 5.04.060 to provide the form of license shall be as provided by the city; repealing section 5.04.070 regarding applications that must be reviewed by the city council; amending section 5.04.080 to provide for a different form of license; amending section 5.04.090 to provide for new licenses to be in effect for twelve months from the month of issuance; amending section 5.05.050 to provide license applications under chapter 5.05 shall be reviewed by the chief of police who shall make recommendations to the city clerk on whether the license should be issued and, if denied, to provide for appeal to the city council; amending section 5.44.090 to provide a temporary vendor's license shall be issued by the city clerk after review of department head recommendations and, if denied, to provide for appeal to the city council; adding section 5.04.110 to provide for the revocation or suspension of a license issued under chapter 5.04 and to provide for the temporary suspension by the chief of police for violations of the chubbuck code and providing for the opportunity for notice and hearing before the council to consider whether the license temporarily suspended should be revoked or the suspension continued; amending certain sections of title 5, Chubbuck Municipal Code to provide that certain new licensees issued in 2011 shall expire one year from date of issuance but licenses issued prior to 2011 and renewals thereon shall continue to expire on December 31 of each year; amending sections 5.07.060, 160 and 170 to clarify language regarding a taxicab driver's license; providing in section 5.24.020 that application fees are not refunded; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections of chapters 5.04, 5.05 5.07, 5.24, 5.36 AND 5.44 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 691 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 25th day of January, 2011. SUMMARY OF ORDINANCE . Page 1 chubbuck120210 sum bus lie ord.wpd Thomas J. Holmes, City Attorney