Ada County Unincorporated
City Zoning Code
City Zoning Code
TITLE 4
BUSINESSES AND OCCUPATIONS
CHAPTER 4 EMERGENCY MEDICAL SERVICES
(Rep. by Ord. 680, 12-11-2007)
CHAPTER 5 PRIVATE INVESTIGATORS1
(Rep. by Ord. 423, 4-10-2001)
4-1-1: PURPOSE:
The purpose of this chapter shall be to minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise protect the health, safety and welfare of residents of the county by regulating, controlling and licensing door to door solicitors and peddlers. (Ord. 318, 10-19-1996)
4-1-2: DEFINITIONS:
The following words, terms, and phrases, and their derivations, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHARITABLE: Is defined as, and includes, the words philanthropic, benevolent, education, civic, cultural, religious or fraternal.
COUNTY CLERK: The office of the Ada County clerk.
PEDDLER: Any person who goes upon the premises of any private residence in unincorporated areas of Ada County, not having been invited by the occupant thereof, who sells or offers to sell any commodity or article of any nature. This definition includes, but is not limited to, any person who solicits orders and makes deliveries to purchasers.
PEDDLING: All activities ordinarily performed by a peddler as indicated under the definition of "peddler" in this section.
PERSON: Any natural person or any firm, corporation, association, club, group, society or other organization.
SOLICITATION: Includes all activities ordinarily performed by a solicitor as described in the definition of "solicitor" in this section.
SOLICITOR: Any person who goes upon the premises of any private residence in unincorporated Ada County, not having been invited by the occupant thereof, for the purpose of taking orders for, or offering to take orders for, goods, wares or merchandise, or any article for future delivery, or for services to be performed in the future, or for making, manufacturing or repairing of any article or thing whatsoever for future delivery. (Ord. 318, 10-19-1996)
4-1-3: LICENSE REQUIREMENTS AND EXEMPTIONS:
It shall be unlawful for any person to engage in peddling or soliciting within the unincorporated areas of Ada County without first securing a license issued by the county clerk; provided however, that the following are exempted from these provisions:
A. Any organization exempt from taxation under 26 USC 501;
B. Any political organization or group seeking funds or membership;
C. Any solicitation upon premises owned or occupied by an organization, group or person upon whose behalf the solicitation is made; and
D. Any solicitation in the form of a collection at a regular meeting of a charitable organization or group. (Ord. 318, 10-19-1996)
4-1-4: LICENSE APPLICATION; FEES; CRIMINAL HISTORY RECORD:
A. The applicant for a license under this chapter shall file with the county clerk an application on the form available through the county clerk's office, which application shall contain the following information:
1. A brief description of the business or activity the applicant intends to conduct;
2. Name, address, and phone number of the applicant;
If the applicant is a corporation or association, the applicant shall provide the above information and shall also provide the name or names of all persons requesting a license to solicit or peddle on its behalf and shall obtain a license for each such person;
3. If an employee or agent of a corporation, the name and address thereof, with written proof establishing the authority of the employee or agent;
4. Social security or driver's license numbers, if available;
5. A comprehensive listing of any and all convictions, guilty pleas, withheld judgments, or other sentences and other dispositions for any felony or misdemeanor for violation of an ordinance (other than traffic offenses), specifying the charge and the date and place of the criminal or other related proceedings; and
6. Two (2) photographs of the applicant, measuring two inches by two inches (2" x 2"), showing the head and shoulders of the applicant in a clear, distinguishable manner.
B. The application must be accompanied by a fee in the amount of fifty dollars ($50.00), for each individual requesting a license. Such fee may be paid by cash or check made payable to the county clerk.
C. The applicant shall submit to the Idaho state police, bureau of criminal identification, the information, fingerprints, and fees necessary to obtain the criminal history record of the applicant from the Idaho state police and the federal bureau of investigation. Pursuant to Idaho Code section 67-3008 and public law 92-544, the board of Ada County commissioners is authorized to submit fingerprints to the Idaho state police, bureau of criminal identification, and the federal bureau of investigation. The fingerprints of the applicant shall be taken by the Idaho state police, and such fingerprints and all information required by this section shall be on the forms prescribed by the Idaho state police. The county clerk or board of Ada County commissioners 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 a peddler's and solicitor's license. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (Ord. 318, 10-19-1996; amd. Ord. 771, 3-15-2011)
4-1-5: BONDS:
Before any license as provided herein shall be issued, each applicant shall file with the county clerk a bond in the amount of one thousand dollars ($1,000.00) in the form of a surety bond, cashier's check or a letter of credit from a financial institution running to the county clerk. Every business association, company or corporation which has one or more employees or agents acting in the capacity of peddler or solicitor shall file with the county clerk a bond covering all such employees or agents in the amount of one thousand dollars ($1,000.00) for each employee or agent to a maximum of five thousand dollars ($5,000.00).
An action on the bond, cashier's check or letter of credit may be brought by Ada County for a licensee's failure to comply with any provision of this chapter.
Upon expiration of the license, the county clerk shall return the bond, cashier's check or letter of credit within ninety (90) days after receipt of a written request for its return, unless the county clerk has been notified that any provision of this chapter has not been complied with or that Ada County has brought an action on the bond. If the county clerk receives such notice, the bond, cashier's check or letter of credit shall not be returned to the licensee, except as directed by a court. Forfeiture of the bond is a civil remedy and does not foreclose the possibility of criminal prosecution and punishment as otherwise provided in this chapter. (Ord. 318, 10-19-1996; amd. Ord. 754, 6-29-2010)
4-1-6: REVIEW; INVESTIGATION; LICENSE ISSUANCE; DENIALS:
Upon receipt of the application or license renewal and required fee, the county clerk will cause the application to be reviewed and conduct an investigation.
All approvals shall be made by the county clerk and the board of Ada County commissioners.
The county clerk or the board of Ada County commissioners shall deny an application for a license under this chapter where:
A. The application is incomplete or the required application materials or fees have not been submitted;
B. The application contains any misrepresentation or false statement;
C. The applicant has violated any provision of this chapter within the five (5) years preceding the date of submission of the application;
D. The applicant has been convicted of, pled guilty to, received a withheld judgment for, been subject to a deferred prosecution or prosecutor probation for, or otherwise sentenced or received a similar disposition for:
1. Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application;
2. A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application;
3. Any crime involving, or related to, firearms or other weapons;
4. Any crime or infraction related to peddling or solicitation in this or any other jurisdiction;
5. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons;
6. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity; or
7. Any crime involving, or related to, drugs or illicit substances.
E. The applicant is or at any time has been required by any law or court order to register as a sex offender.
Denial shall be noted on the application and the applicant shall be notified in writing sent to the address provided thereon. The county clerk shall also notify the applicant of the right to appeal on denial, pursuant to section 4-1-13 of this chapter. (Ord. 318, 10-19-1996; amd. Ord. 771, 3-15-2011)
4-1-7: LICENSE EXPIRATION:
All licenses issued pursuant to this chapter shall expire one year from the date of issuance. (Ord. 318, 10-19-1996)
4-1-8: LICENSE EXHIBITION:
The license issued pursuant to this chapter must be worn or otherwise exhibited in a conspicuous way during solicitation or peddling. (Ord. 318, 10-19-1996)
4-1-9: TRANSFER PROHIBITED:
It shall be unlawful for any license issued, pursuant to this chapter, to be transferred to a party other than the licensee. (Ord. 318, 10-19-1996)
4-1-10: RESTRICTIONS:
The following restrictions shall apply to peddling and soliciting in unincorporated Ada County:
A. Hours Restriction: Peddlers and solicitors shall only engage in their activities between the hours of nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. A special permit may be sought by licensed peddlers and solicitors, in which case the board of Ada County commissioners may grant an exception to this subsection.
B. Prohibited Areas: The board of Ada County commissioners may, from time to time, prohibit the activities allowed under this chapter if it determines such prohibitions are necessary to protect the public health, safety and welfare.
C. Child Labor Restrictions: Restrictions relating to minimum age as set forth in the child labor provisions of the fair labor standards act, 29 USC section 201 et seq. (1938), as amended, and the child labor law of Idaho, Idaho Code section 44-1301 et seq., as amended, are hereby adopted and constitute restrictions under this chapter.
D. Premises Restriction: Peddlers and solicitors shall not enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect.
(Ord. 318, 10-19-1996; amd. Ord. 754, 6-29-2010; amd. Ord. 987, 12-23-2024)
4-1-11: LICENSE REVOCATION:
Any license issued pursuant to this chapter may be revoked by the county clerk or board of Ada County commissioners on any of the following grounds:
A. Fraud, misrepresentation or false statement in the application;
B. Fraud, misrepresentation or false statement made by the licensee in the course of conducting solicitation or peddling activities;
C. Conducting peddling or solicitation activities contrary to the provisions of this chapter;
D. Conducting peddling or soliciting activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety, or general welfare of the general public;
E. The licensee has been convicted of, pled guilty to, received a withheld judgment for, been subject to a deferred prosecution or prosecutor probation for, or otherwise sentenced or received a similar disposition for:
1. Any charge involving theft or fraud;
2. Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order;
3. Any crime involving, or related to, firearms or other weapons;
4. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons;
5. Any crime or infraction related to peddling or solicitation in this or any other jurisdiction;
6. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity; or
7. Any crime involving, or related to, drugs or illicit substances; or
F. The applicant is or at any time has been required by any law or court order to register as a sex offender.
The board of county commissioners shall consider a petition for the revocation of a license submitted by any person claiming a violation of any provision of this chapter. If, after review of said petition for revocation of a license, the board of county commissioners determines that the allegations contained therein are true and correct, it may take the appropriate action to revoke that license. Notice and hearing on the revocation of a license pursuant to a petition shall be the same as provided in section 4-1-12 of this chapter. (Ord. 318, 10-19-1996; amd. Ord. 754, 6-29-2010; amd. Ord. 771, 3-15-2011)
4-1-12: NOTICE AND HEARING ON REVOCATION:
Notice of a hearing for revocation of a license issued pursuant to this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place for hearing. Notice shall be mailed to the licensee at the address shown on the license application or last known address.
The revocation hearing shall be before the board of Ada County commissioners who shall take evidence with regard to the grounds for a revocation. (Ord. 318, 10-19-1996)
4-1-13: APPEALS:
Any person aggrieved by any action of the county clerk or board of Ada County commissioners taken pursuant to this chapter, shall have the right to appeal such action or decision to the board of Ada County commissioners within fourteen (14) days after the notice of the action has been mailed to the person(s), corporation(s) or organization(s) addressed as shown on the application.
An appeal may be taken by filing a written statement setting forth the grounds for the appeal with the county clerk or board of Ada County commissioners.
A hearing shall be sent no later than twenty (20) days from the date of receipt of the party's written statement, with the notice and time of the hearing to be provided in the same manner as provided herein. (Ord. 318, 10-19-1996)
4-1-14: VIOLATIONS AND PENALTY:
A violation of the provisions of this chapter shall be treated as a misdemeanor and upon conviction shall be punished by a fine as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled or by imprisonment in the Ada County Jail for a period not to exceed thirty (30) days. Each day or violation of any provision of this chapter shall be considered a separate offense, punishable as described herein. (Ord. 318, 10-19-1996; amd. Ord. 603, 1-30-2006)
4-1-15: SEVERABILITY:
The provisions of this chapter are hereby declared severable. In the event any section is found to be invalid by a court of competent jurisdiction, such will not affect the validity of the remaining sections contained herein. (Ord. 318, 10-19-1996)
4-2-1: SHORT TITLE AND PURPOSE:
This Chapter shall be known and cited as the ADA COUNTY PRECIOUS METAL DEALER LICENSING ACT, and is intended to provide for the regulation of dealers buying used jewelry, money, silverware or precious metal in the course of business so as to provide protection for the private property of the citizens of Ada County. (Ord. 118, 8-28-1981)
4-2-2: DEFINITIONS:
MONEY: Items of numismatic value.
PRECIOUS GEMS: Gems such as diamonds, sapphires, rubies, pearls and emeralds.
PRECIOUS METAL: Gold, silver, platinum, or any combination thereof, whether in manufactured, alloyed or any other form.
PRECIOUS METAL DEALER: Any person, firm, partnership, corporation, and any principal, employee or agent thereof, regularly engaged in or conducting business for the purpose, sale, trade or exchange of precious metals, used jewelry, money, silverware, gems or semi-precious gems.
SEMI-PRECIOUS GEMS: Gems such as jade, tanzanite, tsavorite, garnets, aquamarines, turquoise, opals and other gems of lower value than those classified as precious.
SILVERWARE: Silver or silverplated flatware, trays, goblets, dishes or serving pieces.
USED JEWELRY: Previously owned articles of personal adornment including but not limited to watches, rings, pendants, chains, brooches and necklaces which are not purchased or sold as new and which are composed in whole or in part of precious metals and which may contain diamonds, sapphires, rubies, pearls, emeralds, other precious gems or semi-precious gems.
4-2-3: APPLICATION OF REGULATIONS:
A. This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chapter and to their agents and employees and to persons forming a partnership for the purpose of engaging in any activity subject to regulation by this Chapter. Every dealer regulated hereunder shall be liable for all the penalties provided herein for violation for any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee.
B. Exemptions: This Chapter shall not apply to:
1. Licensed pawnbrokers.
2. Any person who, solely as a hobby, collects coins or other money of numismatic value or any other item specified in Section 4-2-2 and who purchases, sells or exchanges such items in pursuit of that hobby.
3. Persons or transactions associated with bona fide trade shows or conventions where all transactions of purchase, sale or exchange are made in connection with such trade shows or conventions and within the confines of the trade show or convention site.
4. The purchase or receipt of any item regulated by this Chapter by one precious metal dealer from another, provided that the item, if originally obtained from one other than a dealer, has been registered and retained for the ten (10) day period as required hereunder.
4-2-4: LICENSE REQUIRED:
A. It shall be unlawful for any person to engage in the business of a precious metal dealer unless a valid license therefor has been issued as herein provided and said license is in full force and effect.
B. Upon receipt of an application for a license, the Sheriff shall cause an investigation to be made of the applicant or applicants. Such investigation shall be completed within thirty (30) days.
C. No person shall be issued a license to engage in the business of a precious metal dealer when that person:
1. Is under the age of eighteen (18) years;
2. Is not the bona fide owner of such business;
3. Has had a similar license revoked by this County or any other county of this State or of the United States or any other state of the United States within the five (5) years immediately preceding the date of the filing of the application;
4. Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; or
5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application.
D. An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corporation or association applicant.
E. Upon completion of the investigation, the Ada County Clerk shall notify the applicant whether his license request is approved and upon payment of the prescribed license fee shall issue a license. Such license shall show the name and address of said licensee, the amount of fee paid, the date of issuance and the date of expiration.
F. The Ada County Clerk shall notify the applicant if his license request is disapproved, the reasons thereof and advise him of the appeal procedure.
G. Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein.
4-2-5: LICENSE FEES, TERM:
The license fee for an established precious metal dealer shall be fifty dollars ($50.00) per year, except that any application submitted after July 1 of any year shall be accompanied by a license fee of twenty five dollars ($25.00). The license to conduct the business of an established precious metal dealer shall expire on December 31 of each year. Renewal of the license and payment of the license fee shall be made on or before January 1 of the year for which such renewal is desired.
4-2-6: RECORDS OF TRANSACTIONS:
Every precious metal dealer shall keep a tightly bound book, not looseleaf, with pages numbered in sequence, at his principal place of business. Entries shall be made at the time of any purchase, exchange or receipt of an item for sale or resale on consignment and shall be written in ink. This record shall be kept three (3) years after the date of each transaction recorded therein. The record shall contain the following information:
A. The date of the transaction;
B. The name of the person or employee conducting the transaction;
C. The name, age, sex, driver's license number, vehicle license number, street address and general description of the person with whom the transaction was made including race, height, color of hair and complexion;
D. The name and street address of the owner of the property;
E. A complete description of the property including, but not limited to, the type of item, the brand name, the type and approximate weight of the precious metals of which it is composed, the types of gems or stones in the item, their points, weight and/or carats, if available, any letters or other identifying marks inscribed thereon and such other information as may be necessary to distinguish the item from others of similar character;
F. The price paid by the dealer; and
G. The signature of the person selling or consigning the property. (Ord. 118, 8-28-1981)
4-2-7: HOLDING PERIOD:
Precious metal dealers acquiring precious metals not in the form of bulk or bullion shall be required to hold the precious metals at their business location for a period of not less than ten (10) days from the date of the acquisition. No dealer shall sell, melt, change the form of or dispose of any article received by him, of which he is required to make record and report under this chapter, within such time period. All such articles shall be retained in his possession at the location specified in the license required herein during the ten (10) day period. (Ord. 118, 8-28-1981)
4-2-8: INSPECTION OF PREMISES:
Every precious metal dealer shall admit to his premises, during regular business hours, the Ada County Sheriff or his authorized deputies to examine the record of transactions specified in section 4-2-6 of this chapter, as well as articles purchased or received. (Ord. 118, 8-28-1981)
4-2-9: JUVENILES, RESTRICTIONS CONCERNING:
In the event of a transaction with a person under eighteen (18) years of age, a cosignature of a parent or legal guardian, signed in the presence of the precious metals dealer, is required. (Ord. 118, 8-28-1981)
4-2-10: PROHIBITIONS:
A. It shall be unlawful for any precious metal dealer to:
1. Acquire, by purchase, barter, exchange or otherwise, goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any manner unless such person immediately contacts the Ada County Sheriff's Office.
2. Accept, buy or exchange any articles prior to examining the identifying credentials of the person pawning, selling or exchanging said articles.
3. Fail to maintain the record required under section 4-2-6 of this chapter or fail to make any entry of any information required under said section 4-2-6 of this chapter in the record of any transaction.
4. Make any false entry in the record required by section 4-2-6 of this chapter.
5. Falsify, obliterate or destroy the record required by section 4-2-6 of this chapter.
6. Refuse to allow the Ada County Sheriff or his authorized deputies to inspect the record required by section 4-2-6 of this chapter or any goods in his possession during regular business hours.
7. Fail to report to the Ada County Sheriff's Office the receipt of any property which he has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom, the property was received.
8. Report any material matter falsely to a law enforcement officer.
B. It shall be unlawful for any person to use a false name, a fictitious address, or any address other than the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by section 4-2-6 of this chapter. (Ord. 118, 8-28-1981; amd. Ord. 896, 5-21-2019)
4-2-11: REVOCATION OR SUSPENSION OF LICENSE:
A. The Ada County Commissioners shall have the power to revoke or suspend any license granted in accordance with this chapter for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for license;
2. Fraud, misrepresentation or false statement made in the course of carrying on the business of a precious metal dealer;
3. Any other violation of this chapter;
4. Conviction of any felony or misdemeanor involving fraud, theft, dishonesty, or receiving or possessing stolen property, or any other crime involving moral turpitude.
B. Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the Ada County Commissioners which hearing shall be held not later than fourteen (14) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify the date, time and place of hearing and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the County Commissioners determine that one or more of the grounds for revocation exists, they shall revoke the license. The decision of the County Commissioners shall be final. (Ord. 118, 8-28-1981)
4-2-12: PENALTIES:
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 118, 8-28-1981; amd. Ord. 603, 1-30-2006)
4-3-1: SHORT TITLE AND PURPOSE:
This chapter shall be known and cited as the ADA COUNTY ALCOHOLIC BEVERAGE ORDINANCE. The purpose of this chapter is to provide for the issuance of alcoholic beverage licenses and licensing fees; to provide regulations; and to establish procedures for renewal, suspension, revocation or termination of such licenses and issuance of alcohol beverage catering permits. (Ord. 107, 10-29-1980; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-2: DEFINITIONS:
ALCOHOLIC BEVERAGE:
Any beverage containing alcohol which is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including beer, wine, spirits, or any liquid containing alcohol, beer, wine or spirits.
BEER:
Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, and/or other ingredients in drinkable water, containing not more than four percent (4%) alcohol by weight.
BOTTLED BEER:
Beer sold or disposed of while securely, tightly and adequately sealed in a glass, metal or other container of a capacity not to exceed two (2) gallons.
DESSERT WINE: Wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume.
DRAFT BEER:
Beer sold or disposed of while securely, tightly and adequately sealed in a glass, metal or other container of a capacity exceeding two (2) gallons.
LICENSE:
A license issued by Ada County to a qualified person, under which it shall be lawful for the licensee to sell and/or dispense alcoholic beverages, as provided by this chapter.
LICENSEE:
The person to whom a license is issued under the provisions of this chapter.
LIQUOR:
Any alcoholic beverage other than beer or wine.
LIQUOR BY THE DRINK LICENSE:
License to sell liquor by the drink at retail under the provisions of this chapter.
PERSON:
Any individual, firm, copartnership, association, corporation or any other group or combination acting as a unit.
PREMISES:
The business place in which the sale of any alcoholic beverage is authorized under the provisions of this chapter.
RETAIL WINE LICENSE:
A license authorizing a person to sell wine at retail for consumption off the licensed premises.
RETAILER:
Any person engaged in the sale or distribution of alcoholic beverages to the consumer.
TABLE WINE: Any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.
WINE:
Includes table wine and dessert wine, unless the context requires otherwise.
WINE BY THE DRINK LICENSE:
A license to sell wine by the individual glass or open bottle at retail for consumption on the premises only.
WINERY: A place, premises, or establishment for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by law.
WINERY LICENSE: A license to maintain a winery.
All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary, commonly understood and accepted meanings. (Ord. 107, 10-29-1980; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-3: EXCEPTIONS TO REGULATIONS:
4-3-4: LICENSES REQUIRED:
Nothing in this chapter is intended to limit the board of Ada County commissioners' authority under the Idaho Code, title 23, chapter 9 or 10 as may from time to time be amended and/or retitled.
It shall be unlawful for any person to sell alcoholic beverages at retail for consumption on or off the premises within the boundary of Ada County until a license is granted by the board of county commissioners as provided by this chapter. It shall be unlawful to sell alcoholic beverages at retail for consumption on or off the premises within Ada County after a license has been revoked or during the suspension of such license. (Ord. 107, 10-29-1980; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-5: APPLICATION FOR LICENSE:
A. Prior to the issuance of a license, the applicant shall file with the county clerk a completed application in the form and in the manner prescribed by the county clerk, signed by the applicant and containing information and statements relative to the applicant and the premises (in existence or to be constructed in accordance with plans and specifications approved by the county) where the alcoholic beverages are to be sold. The applicant shall certify under penalty of perjury pursuant to the law of the State of Idaho that the contents of the application are true and correct and shall verify his or her identity to the satisfaction of the county clerk or his designee by providing a copy of the applicant's driver's license or other form of government-issued photo identification and through any other additional means that the county clerk or his designee may reasonable rely on. In addition to setting forth the qualifications required by other provisions of this chapter, the applicant must show:
1. A detailed description of the premises for which a license is sought, its location and street address.
2. The names and addresses of all persons who will have any financial interest in any business to be carried on, in or upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, trusts or any other basis other than open trade accounts incurred in the ordinary course of business, and the amounts of such interest.
3. If the premises to be licensed are not owned by the applicant, then a certified copy of a document showing that the owner consents to the sale of alcoholic beverages on such premises.
4. The name and address of the applicant, which shall include all members of a partnership or association, or the officers and members of the governing board and the principal stockholders of a corporation.
B. If, during the period of any license issued hereunder, any change shall take place in any of the requirements of this section, the licensee shall forthwith make a verified report of such change to the county clerk.
C. Applications for liquor by the drink, retail wine and/or wine by the drink licenses shall include a copy of the beer license issued by the county and by the director of the Idaho state police for the premises and for the time for which the application is made. Applications for a winery license do not require a beer license to sell wine on the winery's original licensed premises or at locations other than the winery's original licensed premises.
D. If any false statement is made in any part of an application, or any subsequent report, the applicant, or applicants, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled or imprisoned for not more than thirty (30) days or both.
E. Each application shall be accompanied by the required license fee, which shall be returned to the applicant if the board of county commissioners refuses to issue the license.
(Ord. 107, 10-29-1980; amd. Ord. 478, 1-14-2003; amd. Ord. 603, 1-30-2006; amd. Ord. 795, 2-21-2012; amd. Ord. 903, 10-15-2019; amd. Ord. 994, 1-27-2025)
4-3-6: ISSUANCE OF LICENSES:
The Board of County commissioners shall duly consider and evaluate all new applications and renewal applications for a license to sell or dispense alcoholic beverages at retail, and requests for license transfers, and after so evaluating, shall determine to grant or deny each application in accordance with the provisions of this chapter. New applications shall be submitted to the sheriff of Ada County for review, and its assessment of each application shall be considered by the board of county commissioners prior to its decision. Once a completed application, renewal, or request for a transfer has been submitted to the board of county commissioners, the board of county commissioners shall have no longer than one hundred twenty (120) days to make a decision on a complete application, renewal or request for a transfer. If the board of county commissioners so orders, the county clerk shall issue a license to the applicant, which license or licenses shall at all times be prominently displayed in the place of business of the licensee and shall be issued only for the particular premises therein described. Separate beer, retail wine, wine by the drink and liquor by the drink licenses shall be required for each premises, except that retailers holding valid licenses for the retail sale of liquor by the drink may sell wine for consumption on or off the licensed premises. Licensed wineries shall by considered as holding, for the purposes of selling a product processed and bottled by and for that winery, a valid retail wine and wine by the drink license for the licensed premises and for use at functions and events as permitted by state law. If the board of county commissioners denies an application for a new license, renewal or license transfer, it shall state, in writing, the statutes and/or ordinances used in evaluating the application, the reasons for the denial, and the actions, if any, that the applicant can take to obtain the license, renewal or transfer thereof. The applicant may, within twenty eight (28) days, appeal the board of county commissioners' determination, in writing, and request a due process hearing to reconsider the denial. The board of county commissioners may, upon a showing of good cause, after a public hearing on the matter, grant a license that would otherwise be prohibited under the provisions of this chapter. The applicant may appeal the decision of the board of county commissioners in accordance with chapter 15, title 31, Idaho Code.(Ord. 107, 10-29-1980; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; amd. Ord. 825, 5-20-2014; Ord. 903, 10-15-2019)
4-3-7: QUALIFICATIONS FOR ISSUANCE OF LICENSE:
A. No license shall be issued to:
1. Any applicant who, at the time of the application, is not twenty one (21) years of age or older, if the applicant is an individual.
2. Any applicant who is not the bona fide owner of such retail business.
3. Any applicant who is not a bona fide resident of the state of Idaho for at least thirty (30) days preceding the date of the application for a license and has documentation of his/her legal residence in the United States; provided, that if the applicant is:
a. A partnership, at least one of the partners shall have been a bona fide resident of the state of Idaho for thirty (30) days prior to the date of application, shall have documentation of his/her legal residence in the United States, and shall be twenty one (21) years of age or older.
b. A corporation or association, it must be organized under the laws of the state of Idaho or qualified under the laws of the state of Idaho to do business in the state and the person who is, or who will be, the manager of the corporation's or association's business of selling alcoholic beverages, shall have been a bona fide resident of the state of Idaho for at least thirty (30) days prior to the date of application, shall have documentation of his/her legal residence in the United States, and shall be twenty one (21) years of age or older.
4. Any applicant who, within three (3) years immediately preceding the date of filing the application, has been convicted or paid any fine, received a deferred sentence or withheld judgment, suffered the forfeiture of a bond for failure to appear, or completed any sentence of confinement for the violation of any law or regulation of the state of Idaho, any other local or state government, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors; or within three (3) years immediately preceding the date of filing the application, if the applicant is a partnership, corporation or association, any of its employees, officers or members of the governing board or body, have been or the entity itself has been convicted or paid any fine, has received a deferred sentence or withheld judgment, has suffered the forfeiture of a bond for failure to appear, or has completed any sentence of confinement for the violation of any law of the state of Idaho, any other state, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors.
5. Any applicant who, within five (5) years immediately preceding the filing of the application, has been convicted of any felony or completed any sentence of confinement therefor within said time, and who has not paid in full all court ordered fines and/or restitution in connection with said felony or any other court case within the jurisdiction of the 4th judicial district of Idaho.
6. Any applicant who, if an individual, within three (3) years immediately preceding the date of filing the application, has had any license provided for herein, or any license or permit issued pursuant to the laws of this state, or any other state, or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked.
7. Any individual applicant; or, if a partnership or association, any of its partners; or, if a corporation, any of its employees, officers or members of its governing board or body, engaged in the operation of, or having a financial interest in, any house or place for the purpose of prostitution, or convicted of any crime or misdemeanor opposed to decency or morality.
8. Any individual applicant who has had a license to sell alcoholic beverages at retail revoked by this county or any county of this state, any city of this state or the state of Idaho; or was a member of a partnership or association whose license to sell alcoholic beverages at retail was revoked by this county or any county of this state, any city of this state or the state of Idaho; or was an employee, officer or member of the governing board, or one of the principal stockholders of a corporation, whose license to sell alcoholic beverages at retail was revoked by this county or any county of this state, any city of this state or the state of Idaho, within three (3) years immediately preceding the date of filing the application.
9. Any applicant who does not possess a current beer license under this chapter, in the case of any application for a retail wine, a wine by the drink or a liquor by the drink license.
B. The affirmative showing required with respect to qualifications of an applicant shall be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant, and to each person then employed by an applicant whose duties include the serving or dispensing of alcoholic beverages or supervising the serving or dispensing of alcoholic beverages. (Ord. 107, 10-29-1980; amd. Ord. 142, 9-18-1985; amd. Ord. 172, 5-21-1987, eff. 6-17-1987; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-8: CONTINUANCE OF QUALIFICATIONS:
A retail licensee must continue throughout the license period to have all of the qualifications and none of the disqualifications provided for in this chapter. (Ord. 107, 10-29-1980; Ord. 903, 10-15-2019)
4-3-9: ISSUANCE OF ALCOHOL BEVERAGE CATERING PERMIT:
A. Prior to the issuance of an alcohol beverage catering permit, the applicant shall file with the county clerk an application, in writing, signed by the applicant, containing the following information:
1. The name and address of the applicant and the number of his/her state liquor, beer or wine license.
2. The dates and hours during which the permit is to be effective, not to exceed five (5) consecutive days.
3. The names of the organizations, groups or persons sponsoring the event.
4. The address at which the alcoholic beverage(s) are to be served, and if a public building, the rooms in which the alcoholic beverage(s) are to be served.
B. The county clerk, upon receipt of the application, and a nonrefundable fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective, shall forward to the sheriff for a recommendation. The sheriff shall consider issues of public safety relevant to the applicant's proposed event in making his recommendation. The board of county commissioners shall duly consider and evaluate the application and the sheriff's recommendation and shall approve, condition or deny the application in accordance with the provisions of this chapter, and indicate that decision, by a signed endorsement on the application. A copy of the endorsed application shall be delivered to the sheriff and the applicant and shall constitute a valid alcoholic beverage catering permit. (Ord. 903, 10-15-2019)
4-3-10: LOCATION RESTRICTIONS AND DISCRETIONARY CONDITIONS ON LICENSES:
A. A license to sell alcoholic beverages for consumption upon the premises of an establishment located within an unincorporated area of Ada County may not be granted unless the applicant obtains the written consent of at least seventy five percent (75%) of the resident owners of property, or if not occupied or inhabited by a resident owner, the occupant of such property, within a radius of one thousand feet (1,000') of any part of the premises upon which alcoholic beverages are to be sold for consumption. At the time the application is submitted to the county clerk, no signature may be over one hundred eighty (180) days old. The written consent shall be filed with the application for a license; provided, however, that the consent of owners or occupants of property shall not be required to renew or to transfer such license. Where the required written consent of at least seventy five percent (75%) of the resident owners/occupants of property within a radius of one thousand feet (1,000') of any part of the premises upon which alcoholic beverages are to be sold for consumption is not obtained, the board of county commissioners, upon a showing of good cause, and upon a finding that the applicant has met all other requirements for licensure under this chapter, may issue the license or condition the license in accordance with subsection D of this section.
B. No license shall be granted unless a certificate of zoning has been issued by the Ada County zoning department if the establishment is not within an incorporated city. The zoning certificate shall be filed with the application for a license; provided, however, that the zoning certificate shall not be required to renew or transfer a license, unless a zoning certificate was not obtained when the license was originally issued, in which case a zoning certificate is required prior to renewal or transfer of the license.
C. A license to sell alcoholic beverages for consumption upon the premises of an establishment located within an unincorporated area of Ada County may not be granted where the nearest entrance to the licensed premises is within three hundred feet (300') of any part of a public school or any church or other place of worship, measured in a straight line; provided that this limitation shall not apply to any duly licensed premises that, at the time of licensing, was not within a restricted area. Where the nearest entrance to the licensed premises is within three hundred feet (300') of any part of a public school or any church or other place of worship, the board of county commissioners, upon a showing of good cause, and upon a finding that the applicant has met all other requirements for licensure under this chapter, may issue the license or condition the license in accordance with subsection D of this section.
D. Licenses or an alcohol beverage catering permit may be conditioned, upon good cause, by the board of county commissioners in any reasonable manner that would benefit or protect the public safety, welfare or interest.
E. When the board of county commissioners is contemplating conditioning a license or an alcohol beverage catering permit, it will give notice to the applicant or licensee of the reason or reasons for the condition and the applicant or licensee shall have fourteen (14) calendar days to respond in writing informing the board of county commissioners of any reasons why such a condition should not be placed upon the license or alcohol beverage catering permit and providing any supporting information. No hearing shall be required unless the board of county commissioners chooses in its sole discretion to hold a hearing. (Ord. 107, 10-29-1980; amd. Ord. 142, 9-18-1985; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; amd. Ord. 810, 8-6-2013; amd. Ord. 825, 5-20-2014; Ord. 903, 10-15-2019)
4-3-11: RETAILERS' LICENSE FEES:
License fees, to be collected by the county clerk, shall be as follows:
Beer: | |
For bottled beer, none of which is consumed on the premises where sold - per annum | $25.00 |
For bottled beer, where such beer may be consumed on the premises where sold - per annum | $75.00 |
For draft beer and bottled beer, or draft beer only, for consumption on or off the premises - per annum | $100.00 |
Liquor by the drink: | |
For liquor by the drink, the fee shall be 25 percent of the amount of the license fee collected by the director of the Idaho state police pursuant to the provisions of Idaho Code, chapter 9, title 23 | |
Wine: | |
For a retail wine license, where wine is sold only in closed containers, with no consumption on the premises - per annum | $100.00 |
For a wine by the drink license, where wine is sold by the individual glass or open bottle at retail for consumption on the premises only - per annum | $100.00 |
For a retail wine license for wine sold in closed containers for consumption off premises or for wine by the drink or open bottle at retail for consumption on the premises - per annum | $100.00 |
Winery: | |
For a winery where wine is sold at retail or by the drink - per annum | $100.00 |
(Ord. 107, 10-29-1980; amd. Ord. 478, 1-14-2003; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-12: EXPIRATION, RENEWAL OF LICENSES:
All licenses issued pursuant to the provisions of this chapter shall expire at one o'clock (1:00) A.M. on May 31, unless a different designated renewal month is determined by the director of the Idaho state police pursuant to Idaho Code, chapter 9, title 23 as it may from time to time be amended and/or retitled. Renewal of the license shall be on forms prescribed and furnished by the county clerk. Renewal forms shall be submitted together with the required license fee and an affidavit verifying that the information contained in the original application is unchanged, or if there are material changes, indicating such changes. Renewal applications must be received by the board of county commissioners on or before the first day of the designated renewal month; provided, however, any licensee holding a valid license who fails to file an application for renewal of his current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty one (31) days in which to file an application for renewal of his license and during which time he shall not be permitted to sell or dispense alcoholic beverages. The board of county commissioners shall have no longer than one hundred twenty (120) days to make a decision on a complete license application, renewal or request for a transfer. Should the board of county commissioners be in the process of considering revocation, suspension, or refusal to renew any alcoholic beverage license, the board of county commissioners may, in its sole discretion, continue the applicant's current license or issue a temporary license until the board of county commissioners has made a decision on revocation or suspension of a license. (Ord. 107, 10-29-1980; amd. Ord. 142, 9-18-1985; amd. Ord. 478, 1-14-2003; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; amd. Ord. 903, 10-15-2019; amd. Ord. 906, 1-14-2020)
4-3-13: TRANSFER OF LICENSE:
A. No license may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the board of county commissioners to such transfer upon application containing substantially the same information required of an applicant for a license. If the transferee possesses all of the qualifications and none of the disqualifications for such a license, the board shall approve the transfer, which approval shall be attached and made a part of the license. Prior to a decision on a denial or approval of said transfer by the board of county commissioners, the sheriff of Ada County shall review the transfer application, and his assessment shall be considered by the board of county commissioners before they make their determination. The fee for the transfer of a beer license shall be five dollars ($5.00) which fee shall accompany the application for a transfer.
B. Application to transfer a license from one location to another shall be made to the board of county commissioners on forms prescribed and furnished by the county clerk. Such a transfer shall not be approved unless the application procedure for a new license has been complied with. In addition, before an existing license may be transferred to a new location, the applicant must satisfy all requirements of the Ada County zoning ordinance1. (Ord. 107, 10-29-1980; amd. Ord. 214, 1-29-1990; amd. Ord. 225, 7-19-1990; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-14: OPERATING HOURS:
A. Beer And Wine:
1. No beer or wine shall be sold, dispensed or given away on the licensed premises between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M.
B. Liquor:
1. It shall be unlawful to sell, offer for sale, give away or consume or permit or allow to be consumed, any liquor upon any licensed premises between the hours of two o'clock (2:00) A.M. and ten o'clock (10:00) A.M.
2. Sale of liquor by the drink on any Sunday which does not fall on Christmas Day, and sale of liquor by the drink on Memorial Day and Thanksgiving shall be allowed in Ada County. (Ord. 107, 10-29-1980; amd. Ord. 153, 6-25-1986; amd. Ord. 172, 5-21-1987, eff. 7-1-1987; amd. Ord. 478, 1-14-2003; amd. Ord. 663, 4-10-2007; amd. Ord. 698, 6-24-2008; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-15: INSPECTIONS, ACCESS TO PREMISES:
The sheriff and all deputy sheriffs of the County of Ada shall have the right at any time to enter in and upon such licensed premises, and it shall be unlawful to refuse any deputy sheriff admittance to or access to such premises for the purpose of police patrol, regulation and inspection of such premises. (Ord. 107, 10-29-1980; Ord. 903, 10-15-2019)
4-3-16: PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE:
If the board of county commissioners shall find that a licensee has made any false material statement in the application for a license, or did not have, or has not retained, the qualifications for a retailer, or has acquired a disqualification for a retailer, or is in violation of any of the provisions of Idaho Code, title 23, chapters 10 and/or 9, as may from time to time be amended and/or retitled, or any provision of the Idaho Code that permits revocation or suspension of a retailer's license, or the conditions placed upon that particular license, the board of county commissioners shall suspend or revoke such retailer's license; notice thereof shall be given, and proceedings to contest said determination allowed by filing an order to show cause addressed to the board of county commissioners, requiring the commissioners to appear in response thereto. Service of the order to show cause shall be made upon the chairman of the board of county commissioners, and proceedings for the suspension or revocation of a license shall be in accordance with the provisions of chapter 52, title 67, Idaho Code, as may from time to time be amended and/or retitled. Upon a final determination by the board of county commissioners to suspend or revoke any retailer's license, the board of county commissioners shall provide written notice of said suspension or revocation to any other licensing authority which has licensed the involved licensee. (Ord. 107, 10-29-1980; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-3-17: PENALTY:
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled or thirty (30) days in the county jail or by both such fine and imprisonment. (Ord. 107, 10-29-1980; amd. Ord. 603, 1-30-2006; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)
4-6-1: SHORT TITLE AND PURPOSE:
This chapter shall be known and cited as the ADA COUNTY ALARM ORDINANCE. The purpose of this chapter is to protect the law enforcement and emergency services of the County from misuse. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992)
4-6-2: DEFINITIONS:
All words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary, commonly understood and accepted meaning.
ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence and illegal entry or other activity requiring urgent attention, and to which law enforcement officers are expected to respond, provided this chapter is not applicable to audible alarms affixed to motor vehicles, nor to fire alarm systems.
ALARM USER: Any person, firm, partnership, association, corporation, company or organization of any kind in control of any residence, building, structure or facility wherein an alarm system is installed.
AUDIBLE ALARM: Any device designed for the detection of an unauthorized entry on the premises, and which, when activated, generates an audible sound on the premises.
AUTOMATIC DIALING DEVICE: Any device which is interconnected to a telephone line and is programmed to select a predetermined telephone number, and transmit by voice, message, or code signal, an emergency message indicating a need for emergency response.
FALSE ALARM: Any alarm signal eliciting a response by a law enforcement agency when a situation requiring such response does not, in fact, exist, but does not include an alarm signal caused by violent conditions of nature, or other extraordinary circumstances not reasonably subject to control by the alarm user.
INTERCONNECT: Any connection to an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
PRIMARY TRUNK LINE: A telephone line connected to the Ada County Law Enforcement Building housing the Sheriff's Office, Boise Police Department and Ada County Jail, or to any law enforcement agency designated to receive emergency calls.
SHERIFF: The Sheriff of Ada County, Idaho, or his designated representative. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992; amd. Ord. 896, 5-21-2019)
4-6-3: ALLOCATION OF REVENUES:
All service fees collected pursuant to this chapter shall be paid to the General Fund of Ada County. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992)
4-6-4: AUTOMATIC DIALING DEVICE RESTRICTIONS:
A. It is unlawful for any person to program an automatic dialing device to a primary trunk line; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within twelve (12) hours of receipt of written notice that it is so programmed.
B. Within thirty (30) days after the effective date of this chapter, all existing automatic dialing devices programmed to select a primary trunk line shall be reprogrammed or disconnected.
C. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to any law enforcement agencies of Ada County or the municipalities adopting this chapter; and it is unlawful for an alarm user to fail to disconnect or reprogram such device within twelve (12) hours of receipt of written notice that an automatic dialing device is so programmed. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992)
4-6-5: ALARM PROCEDURES AND REGULATIONS:
A. It shall be unlawful for any person to install or maintain any audible alarm system which creates a sound similar to that of a civil defense warning system.
B. Every person maintaining an alarm system shall provide to the Ada County 911 Communications Center at the Ada County Sheriff's Office, 7200 Barrister Drive, Boise, Idaho 83704, information containing the names and telephone numbers of the persons to be notified in order to render repairs or service and secure the premises during any hour of the day or night that the alarm system is actuated within fifteen (15) days of installation of the alarm system.
C. Every person maintaining an alarm system shall make readily visible, either on or immediately adjacent to the exterior of the device emitting the alarm, the name and telephone number of the responsible party to be notified in order to render repairs and service and secure the premises during any hour of the day or night that the alarm system is activated.
D. Every audible alarm system shall have a timing device which automatically shuts off the alarm within thirty (30) minutes after it has been activated.
E. It shall be unlawful for an alarm user or his representative to fail to respond to the alarm location within sixty (60) minutes after being requested to do so by a representative of the Sheriff's Office or the responding law enforcement agency. Such person responding to the alarm location shall take whatever action necessary to secure the property from further intrusion, or take whatever action is necessary to render service to the alarm or to provide response by another person who is able to render the necessary action after the responding law enforcement agency has rendered the area safe from possible entry by an intruder. Unless specifically requested, the law enforcement agency responding shall be under no obligation to remain at the location of the alarm for a period in excess of fifteen (15) minutes while waiting for the responding party to arrive unless illegal entry has occurred. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992; amd. Ord. 896, 5-21-2019)
4-6-6: INTENTIONAL FALSIFICATION PROHIBITED:
It shall be unlawful for any person to activate an alarm system for the purpose of summoning police except in the event of what is reasonably believed to be an unauthorized entry on the premises for the purposes of carrying out a robbery or burglary therein. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992)
4-6-7: FALSE ALARM, SPECIAL SERVICE FEE:
A. An alarm user whose alarm has elicited two (2) responses within one calendar year, which were subsequently shown to be false, will be assessed a service fee for each additional false alarm that occurs within that period of time.
B. If two (2) false alarms within one calendar year are received from any alarm system:
1. The Sheriff shall notify the alarm user by certified mail of such fact.
2. The sheriff will advise the alarm user that any additional false alarms within the calendar year will result in the assessment of a service fee for each additional false alarm that has been responded to, as determined by the following schedule:
Third false alarm | $ 25.00 |
Fourth false alarm | 50.00 |
Fifth false alarm | 75.00 |
Every successive false alarm over 5 | 100.00 |
C. A fifteen (15) day grace period will be extended to all alarm users after the initial installation of an alarm system. The official recording of false alarms will not commence until after the expiration of the fifteen (15) day grace period. (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992)
4-6-8: ENFORCEMENT AND PENALTIES:
A. Enforcement of this chapter may be by civil action or by criminal prosecution.
B. The failure or omission to comply with any section of this chapter shall be deemed a violation and may be so prosecuted, subject to the penalty provided in subsection C of this section.
C. Violation of this chapter shall be punished, upon conviction, by a fine not to exceed one thousand dollars ($1,000.00). (Ord. 123, 6-16-1982; amd. Ord. 249, 6-25-1992; amd. Ord. 629, 7-31-2006)
4-7-1: SHORT TITLE AND PURPOSE:
This Chapter shall be known as ADA COUNTY CABLE TELEVISION LICENSING ORDINANCE. The purpose of this Chapter shall be to regulate the installation and operation of a community antenna television system within the unincorporated portions of Ada County.
4-7-2: DEFINITIONS:
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not directory. All words and phrases not otherwise defined herein shall have their ordinary and customary meaning.
BOARD OF COUNTY COMMISSIONERS: The Ada County Board of County Commissioners.
COMMUNITY ANTENNA TELEVISION SYSTEM (CATV, CATV SYSTEM OR SYS TEM): A system of antennae, coaxial cables, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, FM radio, or other services by cable through its facilities as herein contemplated.
COUNTY: The County of Ada, Idaho.
EASEMENT: A grant of right to use a strip of land for specific purposes, including public utility easements granted for fa cilities providing service to and used by the public.
LICENSE AREA: The area within Ada County outside the corporate limits of any municipal corporation within Ada County.
LICENSEE: A grantee of rights under this licensing ordinance.
PERSON: Any person, firm, partnership, association, corpora tion, company or organization of any kind.
SUBSCRIBER: Any person or entity receiving for any purpose the CATV service of the licensee herein. (Ord. 113, 3-25-81)
4-7-3: LICENSE REQUIRED:
A. No person shall engage in the business of operating a CATV system without having obtained a license for such purpose from the Board of County Commissioners.
B. This license is nontransferable, unless so agreed to in writing by the Board of County Commissioners. (Ord. 113-1-85, 2-27-85)
4-7-4: APPLICATION FOR LICENSE:
Application for a license to engage in the business of operating a CATV system shall be made by the person or his duly designated agent by filing an application with the Clerk of the Board of County Commissioners. Such application shall contain the following information:
A. The name and address of the applicant, and should the applicant be a corporation, the names and addresses of all officers and directors of said corporation.
B. If the applicant be a corporation, the applicant shall file with the Clerk of the Board of County Commissioners its annual report of its operations during the preceding fiscal year.
C. Such information as may be required to determine the legal, character, financial, technical and other qualifications of the applicant.
Within thirty (30) days following receipt of the application, the Clerk shall submit said application to the Board of County Commissioners. The Board of County Commissioners shall, at a regular or special meeting, adopt a resolution to either approve the application as submitted, approve the application with modification or deny said application.
4-7-5: GRANT OF AUTHORITY:
Upon the approval by the Board of County Commissioners, of the legal, character, financial, technical and other qualifications of the applicant, the Board of County Commissioners may grant to the applicant the right and privilege to construct, operate and maintain a CATV system within the license area for the distribution of television signals, FM radio, or other services by cable subject to the terms, conditions, and provisions contained herein. Said grant of authority shall include the right and privilege to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public way or easement now laid out or dedicated and all extensions thereof and additions thereto in the license area such poles, wires, cable, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, attachments, and other properties as may be reasonably necessary and appurtenant to the CATV system.
4-7-6: NONEXCLUSIVE LICENSE:
The right to use and occupy the easements and public ways for the purposes herein set forth shall not be exclusive and the Board of County Commissioners reserves the right to grant similar rights, privileges, and licenses to any other person.
4-7-7: TERM OF LICENSE:
The license and rights herein granted shall be in force and effect for a term of five (5) years from the effective date of the license. The license shall be automatically renewed by the continued payment of the license fee stated below, unless written notice is given by the Board of County Commissioners within ninety (90) days of the expiration of the term of license. In such event, the licensee shall have the opportunity to appear before the Board of County Commissioners and present its reasons for renewal of the license.
4-7-8: LICENSE FEE AND INSPECTION OF RECORDS:
A. The licensee shall pay to the County an amount equal to two percent (2%) of the gross income from subscribers residing within the license area during the previous calendar year. Such payment for the previous calendar year shall be made to the Ada County Auditor, on or after January 1, but no later than March 1 of each year.
B. A licensee shall permit any duly authorized representative of the Board of
County Commissioners or the Ada County Auditor to inspect, examine and transcribe any and all records kept and maintained by the licensee regarding gross income from subscribers within the license area in order to verify the license fee tendered.
4-7-9: OPERATIONAL STANDARDS:
The licensee shall maintain and operate the system and render efficient service in accordance with such rules and regulations as are, or may hereinafter be promulgated by the Federal Communications Commission.
4-7-10: OCCUPANCY AND USE OF EASEMENTS AND PUBLIC RIGHTS OF WAY:
A. Use: All transmission and distribution structures, lines and equipment erected by the licensee within the licensed area shall be so located as to cause minimum interference with the proper use of public rights of way and easements and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said public rights of way or easements and not to interfere with existing public utility installations. In all areas of the licensed area where the cables, wires or other like facilities of both electrical and telephone utilities are placed underground, the licensee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits.
B. Restoration: In case of any disturbance of pavement, sidewalk, driveway, other surfacing or landscaping of said rights of way or easements, the licensee shall, at its own expense, replace and restore all paving, sidewalk, driveway, other surfacing or landscaping of any public rights of way or easements.
C. Tree Trimming: The licensee shall have authority to trim any trees upon and overhanging the public rights of way and easements so as to prevent the branches of such trees from coming in contact with wires and cables of the licensee. (Ord. 113, 3-25-81)
D. Notice: Before entering upon any property for any of the reasons stated in Section 4-7-10 A, B or C, the licensee shall first give written notice to the property owners at least forty eight (48) hours in advance. (Ord. 113-1-85, 2-27-85)
4-7-11: LICENSEE LIABILITY, INDEMNIFICATION:
The licensee shall at all times protect and hold harmless the County from all claims, actions, suits, liability, loss, expense or damages of every kind and description resulting from the construction, installation, operation or maintenance by the licensee of its CATV system within the licensed area. The licensee shall, concurrently with the filing of an application for license, file with the Clerk of the Board of County Commissioners and at all times thereafter maintain in full force and effect for the term of said license or renewal thereof, at the licensee's sole expense, a general comprehensive liability insurance policy, in protection of the County, its officers, boards, commissions, agents and employees, in a company authorized to do business in the State of Idaho and in a form satisfactory to the Prosecuting Attorney, protecting the County, its officers and employees against liability for loss or damage for personal injury, death and property damage occasioned by the operations of the licensee under said license in a minimum amount of:
$ 250,000.00 for property damage to any one person |
500,000.00 for property damage in any one occurrence |
500,000.00 for personal injury to any one person |
1,000,000.00 for personal injury in any one occurrence |
(Ord. 113, 3-25-1981)
4-7-12: LIMITATIONS ON LICENSE:
This license shall be a privilege to be held in personal trust by the original licensee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation, or otherwise without the consent of the board of county commissioners expressed by resolution. (Ord. 113, 3-25-1981)
4-7-13: LOCAL OFFICE COMPLAINTS:
The licensee shall maintain a local business office, or agent which the inhabitants of the licensed area may telephone during regular business hours without incurring added message or toll charges for any complaint regarding the installation of the CATV system, the quality of service, equipment malfunction or similar matters. (Ord. 113, 3-25-1981)
4-7-14: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES:
The licensee shall at all times during the term of this license be subject to all lawful exercise of applicable laws, ordinances, regulations, and statutes by the federal, local or state government including, but not limited to, the provisions and regulations of the Ada County highway district. (Ord. 113, 3-25-1981)
4-7-15: PROHIBITED ACTS OR CONDITIONS:
From and after the effective date of this chapter, it shall be unlawful for any person to construct, install or maintain within any easement or public right of way within the licensed area any equipment or facilities for distribution of any television signals or radio signals through a CATV system, unless a license authorizing such use has first been obtained, and unless such license is in full force and effect. In addition, it shall be unlawful for any licensee, its agents, servants or subcontractors to violate any provision of this chapter. Should a violation of this chapter be committed by an agent, servant or subcontractor of the licensee, prosecution of such violations may be commenced, pursuant to section 4-7-16 of this chapter, against the licensee or against the agent, servant or subcontractor, or against both. (Ord. 113-1-81, 5-6-1981)
4-7-16: PROCEDURE ON VIOLATIONS:
Upon knowledge by the board of county commissioners of any violation or belief that a violation is about to occur, the board of county commissioners may request the Ada County prosecuting attorney to commence action, criminal or civil, to correct the violation and to punish the same.
In the event any action is taken or any construction commenced in violation of the provisions of this chapter, the proper authorities of the county, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 113, 3-25-1981)
4-7-17: PENALTIES:
4-8-1: EXCESSIVE PRICE INCREASE PROHIBITED:
Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, or for which a local disaster or emergency is declared by the President of the United States, Governor of Idaho, or the Board of Ada County Commissioners, and for a period of thirty (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which exceeds ten percent (10%) of the price charged by such person, contractor, business or other entity for said goods or services in the ten (10) days immediately prior to the proclamation of emergency. Violation of this Section is a misdemeanor. (Ord. 304, 6-6-1996)