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0033 Business, Occupation, and Amusement License 1956k. LAW OFFICES OF CALDWELL & WHITTIER CARLSON BUILDING POCATELLO. IDAHO ORDINANCE NO. .Z AN ORDINANCE PROVIDING FOR OCCUPATIONAL LICENSES AND PERMITS AND BUSINESS LI- CENSES AND PERMITS; PROVIDING FOR THE RATES TO BE PAID FOR THE CARRYING ON OF CERTAIN OCCUPATIONS AND BUSINESSES; PROVIDING FOR THE FORM OF THE APPLI- CATION FOR LICENSE; PROVIDING THAT CERTAIN APPLICATIONS BE REFERRED TO THE BOARD OF TRUSTEES OF THE VILLAGE BEFORE GRANTING OR REVOKING OF SAID APPLI- CATION FOR LICENSE; PROVIDING THE FORM OF LICENSES; PROVIDING FOR THE TIMES OF EXPIRATION OF LICENSES; PROVIDING UNDER VIAT CONDITIONS THE LICENSES MAY BE REVOKED BY THE BOARD OF VILLAGE TRUSTEES AFTER THEY HAVE BEEN GRANTED UPC THE HAPPENING OF CERTAIN CONDITIONS; PROVIDING FOR CERTAIN RESTRICTIONS UPOI THE GRANTING OF CERTAIN LICENSES; REPEALING ORDINANCES IN CONFLICT THEREWITH AND DECLARING AN EMERGENCY. WHEREAS, the Board of Trustees of the Village of Chubbuck finds that have been a number of instances within the limits of the Village of Chubbuck where the citizens have been defrauded or damaged by certain irresponsible ps sons who hold themselves out to be possessed of certain qualities and engaged in certain businesses and, VHE1WAS, the Board of Trustees of the Village of Chubbuck finds that there is a need for regulating the businesses which are to be permitted within the limits of the said Village and unless the activities of certain businesses and professions are curtailed, limited and investigated before a permit is issued to do business within the Village of Chubbuck further harm will result to the citizens within said Village and, WHEREAS, the Board of Trustees of the Village of Chubbuck finds that the interests of the citizens of the said Village can be adequately, protected by the enacting of an ordinance providing for the licensing of persons and busi- nesses operating within the Village of Chubbuck; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE CHUBBUCK: (A) No persons shall, within the limits of the Village of Chubbuck, en- gage in any trade, occupation, or business or operate or conduct any peformanc or amusement not hereinafter specifically mentioned without first having ob- tained a license therefor from the Village Clerk of the said Village. Such licenses shall be issued only upon payment of the fees hereinafter specified a such licenses shall not be transferrable and if the licensee named therein sha cease to personally supervise, conduct and operate the trade or business and said license mentioned, said license shall thereby be terminated. No fee paid nor any, part thereof for any, license shall be refunded even though the licensee LAW OFFICES OF CALDWELL & WHITTIER CARLSON BUILDING POCATELLO,IDAHO I'may fail to operate for the period named therein nor for any oortion of such eriod. (i�) The business, trade, occu pat on, , erforP.uance or amusement or the pers(I from whom a licence shall be required and the amount which shall ie paid for license shall ire the sum of 5.00 er annum. (0) teach business, 3rade, occupation, performance or amusement referred to in the provisions of this act must have a license,providec, however, that a business shall defined as any activity conducted under one roof raving one mana,;ement and having access to ail parts of the business from the interior of said building and if a business shall be conducted in a building; having llore thZ one room and if all the above rewired unities are I-resent then one license will be sulfa- .cient. 1. \io person. persons, copartnerships, cor, oration, or other associa of individuals shall conduct or o4:;erate any activity or business within the cox porating limites of the Village of 3hu:bbuck nor shall any license rovi;ied for the preceding section be ,ranted or issued to any apc;l: -cant therefor without sa applicant having first signed ;anal filed with the Villa -;e clerk accompanied by t license fee required, a form of application provad.ed by the Village of ihu.bbuck taining such information as iliay ce required by said Village in order to enable to deterrliine whether or not such licenses should be grai tea. (D) A grant of any license as herein rrovided shall not be construed to mit the carrying on of an-r business, trade or occupation on unday which is pro hibited by any statute of the ;Mate of iaaho or by any ordinance or the Village Chubbuck. Any person to wzow l cense.is issued 4.ursuarlt to the provisions of t section shall displa,/ Gne sa:ue in i is -glace of business so that the sale can be readily observed or carry such icense wit l hi a at all ti.rrnes while erigaged in t. business to which the license r� lates and ;,roduce the save u-­on demand of a ;col: officer or any other off''icer of the Village cnargec with the duly of enforcing ordin hoes relating to such business. (E) FU!di U& application for a license for any ness, trade or occupation herein enumerated shall be .rude to the Village Clerk b --.ks to be furnished for tna.t pur:;ose, w`!iich sirall be verified under oath, s :all be in the f'ollowin - form: " iLL WL 01" �t ii t UCt_:tI AEPLIC iTI0i1 FOR LICLIdSE waose name is u:ndersi�ned hereby a.,nlies for a license to o�eraze aria :ondtuct at in the Uil off Chubbuuk, the business r_ai; ed below, to —wit; —2— _ LAW OFFICES OF CALDWELL B WHITTIER CARLSON BUILDING POCATELLO, IDAHO i"81� Fee with application returnable if license is not issued. The undersigned hereby represents that he is the owner or proprietor of the business mentioned in this application and for which a license is requested, that he accepts all the regulations, terms and conditions prescribed by ordin- ance pursuant to which said business is to be conducted. Dated this day of 19 . Applicant. STATE OF IDAHO, ) :: Be. County of Bannock ) , being first duly sworn, de- poses and says: That he is the person who signed the foregoing application; That he has read the same and knows the contents thereof, and all facts stated therein are true of his own knowledge. Subscribed and sworn to before me this day of .1 Notary Public. (E) CERTAIN APPLICATIONS TO BE REFERBED TO BOARD: No license shall be granted for any circus, menagerie, menagerie and circus combined, wild west sho merry -go- round, Ferris wheel, dance hall, skating rink, pawn broker, second- hand dealer, salary, loan agencies, rooming house, athletic club, fortune teller itinerant vendor and every person who peddles, hawks, or-sells by outcry or loudly proclaiming for sale in any building or room or upon any lot or enclosur or upon or along any street or alley, or public place or by soliciting sales fr� house to house within the city limits any jewelry, silverware, cutlery, shells, groceries, laces, dry, goods, clothing, books or any other goods, wares or mer- chandise whatsoever, unless the application therefor has been referred to the Village Police for investigation and by him returned to the Board of Trustees with his recommendation and the Board's approval given for the issuance of such license. (F) LICENSES: FORM OF: All licenses herein provided for except dog licenses, shall be in the followingform, to wit "VILLAGE LICENSE No ................ VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO From 19 to 19 License is hereby granted to carry on the business or occupation of at for the term of having paid therefor the s LAW OFFICES OF CALDWELL A WHITTIER CARLSON BUILDING POCATELLO. IDAHO r-'N sum of Dollars, Clerk By Deputy Clerk Date issued lg a (G) LICENSES AND TIMES OF EXPIRATION: Nothing in these ordinances con- tained shall in any wise invalidate any license now outstanding for the term fol which such license was issued. All yearly licenses shall be good from the date of issuance up to the first Tuesday of May next following the date of issuance thereof, and all quarterly licenses shall expire on the first day of May, Augur November and February as the case may be following the date of issuance, and no rebate or remission shall be made in any license fee for any, license that has be granted, (H) LICENSES: REVOCATION OF: Any license issued under authority of any, ordinance of the Village of Chubbuck shall be subject to revocation by the Board of Trustees for the vitiation of any, ordinance or regulation governing the manner or method of conducting the particular business to which such license re- lates., such revocation to be by resolution of the Board of Trustees after a hesa ing by the Board upon reasonable notice to the licensee or his agent in imx►edia charge of the business mentioned in such license, of any charge of misconduct o violation of the Village ordinances charged against him; Provided, However, that nothing herein contained shall in any, wise interfere with the effect of a judgme, of conviction by the Police Court operating to revoke any license when such judg of conviction is based upon the vb1ation of any ordinance relating to the onduct of the business mentioned in such license. When any person to whom a license has been issued pursuant to any, Village shall have been conVi.cted in the Police Court of a violation of any relating to the operation or conduct of the business to which such relates, such judgment of conviction shall without any, proceeding action taken by the Board of Trustees, have the effect of immediately revoki license of such person, and the person so convicted shall not be granted an r license to engage in the same business within the Village of Chubbuck duri; period covered by the license so revoked, except upon the unanimous vote of Board of Trustees; Provided, However, that in the event that the person so —4— LAW OFFICES OF CALDWELL & WHITTIER CARLSON BUILDING POCATELLO,IDAHO convicted shall duly perfect an appeal from said judgment of conviction, the operation of said judgment in revoking said license shall thereby be stayed until the determination of said appeal; Provided, Further, that nothing in t section shall be construed in any wayto prohibit the Board of Trustees from revoking such license upon proceedings before it as by ordinance provided. (I) REPEAL OF CONFLICTING ORDINANCES: All existing ordinances of the Village of Chubbuck are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance. (J) SEPARABILITY OF PROVISIONS: It is the intention of the Board of Trustees of the Village of Chubbuck that each separate provision of this ordi- nance shall be deemed independent of all other provisions herein and it is fur- ther the intention of the Board of Trustees that if any provisions of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. (K) FINDING OF FWgRGENCY: This ordinance is passed as an emergency mea- sure, and the Board of Trustees of the Village of Chubbuck and the Board does by the vote by which this ordinance is passed hereby declare that an emergency exists which makes it imperative that this ordinance shall become effective forthwith, the nature of said m argency being as follows: The increasing instances wherein residents of the Village of Chubbuck have been defrauded by irresponsible per- sons holding themselves out to be duly, qualified merchants or possessed of cer- tain qualifications. That the said increasing instances aforementioned have be- come so frequent that it is necessary to limit and control those persons holdind ves out to do business within the Village to preserve the public peace, safety, health, morals and welfare by making it a criminal offense to violate ny provisions of the ordinance aforementioned and as a means of curtailing the cts herein leg &ted against. (L) PEAALTIES: Every person violating the provisions of this section be fined not less than $25.00 nor more than $300.00 or confined in jail more than 30 days or punished by both said fine and imprisonment for each . -5- LAW OFFICES OF CALDWELL & WHITTIER CA.RLSON BUILDING POCATELLO. IDAHO Adopted this / b day o DQs�, 19 BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK J ATTEST: C. VINER, Clerk, Board of Trustees of the Village of Chubbuck lenty, Chairman df the Board of s of the Village of Chubbuck