Bonners Ferry City Zoning Code
TITLE 3
BUSINESS AND LICENSING REGULATIONS
3-1-1: APPLICABILITY:
The provisions of this chapter shall be applicable to all wholesale and retail businesses and all activities, occupational callings, trades, pursuits or professions that conduct business from or at a location or locations within the city of Bonners Ferry, or engage in any business, trade, or profession within the geographic boundaries of the city of Bonners Ferry, with the object of gain, profit, benefit or advantage. Each business location shall be deemed a separate business unless it is a specific annex to the main location of the business. The permit is not intended to repeal any permit, license or franchise provisions of any other ordinance of the city of Bonners Ferry, nor is the permit to be considered a waiver of any other requirements of compliance with any federal, state and local laws. (Ord. 541, 5-20-2014)
3-1-2: PURPOSE:
The purpose of this chapter is to assist in providing the city information as to congestion, zoning, planning, street construction and utility distribution. (1959 Code § 5-1-7I)
3-1-3: PERMIT REQUIRED:
A permit is required for the maintenance, operation or conduct of any business. Any person or corporation shall be subject to the requirement if by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the city. (1959 Code § 5-1-7B)
3-1-3-1: EXEMPTIONS:
A. The permit provisions of this chapter shall not apply to:
1. Persons qualifying as a charity within the meaning of section 501(c)(3) of the United States internal revenue code. Possession of a certificate, letter, or other proof of such status from the internal revenue service shall be required to qualify for this exemption.
2. Any agency of the United States government and any political subdivision of the state of Idaho.
3. Persons who occupy space at a flea market or other similar type of temporary bazaar. However, the provisions of this chapter shall apply to the operator of the flea market or bazaar.
B. In addition, neither the fee nor the permit provisions of this chapter shall apply to:
1. Persons who make occasional sales of their own household property, including garage sales or yard sales, not more than twice each calendar year and children's lemonade stands or similar endeavors operated by children on an occasional and temporary basis;
2. Domestic servants, newspaper carriers or casual laborers not included as employees of a regularly conducted business;
3. Professionals, such as architects and lawyers, who are working in the city temporarily and have offices elsewhere;
4. Lessors of residential property who lease two (2) or fewer family units or properties. However, the provisions of this title shall apply to any commercial property lessor and any lessor who leases more than two (2) family units or properties within the city limits. (Ord. 541, 5-20-2014)
3-1-4: APPLICATION:
Application for the business permit shall be made, in writing, to the clerk. Each application shall state the name of the applicant, the permit desired, the location to be used and the nature of the business. (1959 Code § 5-1-7A)
3-1-5: FORMS:
Forms for all permits, and applications therefor, shall be prepared and kept on file by the clerk. (1959 Code § 5-1-7C)
3-1-6: SIGNATURES:
Each permit issued shall bear the signatures of the mayor and the clerk in the absence of any provision to the contrary. (1959 Code § 5-1-7D)
3-1-7: FEES:
In the absence of specific provisions to the contrary, all fees and charges for permits shall be paid in advance at the time application therefor is made to the clerk. All permit fees shall be deposited to the general fund. The fees, established by resolution of the mayor and city council, shall be an initial charge for each new business established, and an annual renewal fee for each now existing and hereafter established business, except that any business required to have a permit under another ordinance of the city is exempt from the requirement of having a permit under this chapter. Any change in name, location or status (e.g., without limitation, individual, partnership, corporation, trust) shall constitute a new business as does any newly created or established business. The permit fee levied hereunder is not intended to repeal any other permit fee provision of any ordinance of the city. (Ord. 538, 10-1-2013)
3-1-8: POSTING:
It shall be the duty of any person conducting a business in the municipality to keep his permit posted in a prominent place on the premises used for such business at all times. (1959 Code § 5-1-7G)
3-1-9: CHANGE OF LOCATION OR NATURE OF BUSINESS:
In the absence of any provision to the contrary, the location or nature of any permittee's business or occupation, or of any permitted act, may be changed provided ten (10) days' notice thereof is given to the clerk, subject to compliance with the other provisions of this code. (1959 Code § 5-1-7F)
3-1-10: PENALTIES FOR NONCOMPLIANCE:
A. Infraction: Unless otherwise provided, any person who shall commence or continue to carry on or transact any business or calling for which a permit is required by any provision of this title without first procuring the same or, once procured, fails to maintain the standards required to retain the permit or license shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined two hundred dollars ($200.00). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. Violation: The operating or conducting of any business or occupation for which a license is required by this chapter without having a valid permit as provided herein is hereby declared to be a public nuisance. In addition to any penalty provided by this chapter, the city may bring an action in any court of competent jurisdiction to obtain an order enjoining any person from operating or conducting any business or occupation in violation of this chapter.
C. Revocation Or Suspension: Any permit issued pursuant to this chapter may be revoked or suspended by the city council for violation of any law of the city, the state of Idaho, or of the United States Of America applicable to the business for which the permit was issued. Such revocation must be preceded by notice in writing to the permittee from the city clerk, informing the permittee that the council has ordered the holding of a hearing at a date and time certain, not less than forty five (45) days from the date of such notice, at which hearing the permittee will be required to appear personally and show cause why the permit should not be revoked. At such hearing the permittee may be represented by counsel, may testify personally, may call witnesses, and may cross examine any witnesses called by the city. Should the council determine that such permit should be revoked or suspended, it shall pass a motion to that effect, and such permit shall thereupon be revoked, provided however, that no such motion shall be deemed passed without the affirmative vote of one-half (1/2) plus one of the members of the full council. (Ord. 541, 5-20-2014)
3-3-1: BILLPOSTING, LICENSE REQUIRED:
It shall be unlawful for any person to engage in the distribution, posting, painting, pasting or tacking of signs, bills, pictures or advertising matter announcing the business or place or meeting of any entertainment, opera, theater, menagerie or other exhibition of whatsoever nature or kind, or any other advertising matter in any manner in the city except as hereinafter specified, unless the said person shall first have been licensed as hereinafter provided. (1959 Code § 5-2-1)
3-3-2: LICENSE; TERM:
Any person desiring a license shall be licensed by the clerk to engage in the business of billposting, handbill and sign advertising for the term of one year from the date of said license upon the payment of the sum, established by resolution of the mayor and city council, to the treasurer; provided, that such person shall perform such duties in a good, lawful and proper manner in compliance with the provisions of this chapter. (1959 Code § 5-2-2; amd. Ord. 477, 5-6-2003)
3-3-3: LITTERING STREETS AND ALLEYS:
It shall be unlawful for any person to scatter or throw upon the streets, sidewalks or alleys, handbills, posters, advertisement or papers. Nothing herein shall be construed to authorize any person to obstruct the public thoroughfares or create any nuisance therein. (1959 Code § 5-2-3)
3-3-4: POSTING ON FENCES, TELEGRAPH POLES:
It shall be unlawful for any person to post, paint, tack or otherwise attach any notice or other advertising matter to any fences, walls, buildings or other property, without first obtaining the consent of the owner of such property or his authorized agent or tenant. It shall be unlawful for any person to post, paint, tack or otherwise attach any notice or advertising matter to any of the telegraph, telephone, electric or other poles in the public thoroughfares. (1959 Code § 5-2-4)
3-4-1: AUTHORIZATION:
This chapter is enacted pursuant to the City's general police power and the authority granted to cities by article 12, section 2 of the Idaho Constitution and Idaho Code section 50-302. (Ord. 571, 11-7-2017)
3-4-2: PURPOSE:
The purpose of this chapter is to regulate the activities of door to door solicitors in order to protect against criminal activity, including fraud and burglary, to minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety and welfare of citizens of the City.
This chapter is not intended to prohibit or hamper speech which is protected by the First Amendment but merely to regulate specific activities which are commercial in nature. As such, the registration and background check provisions of this chapter do not apply to political or religious activities. (Ord. 571, 11-7-2017)
3-4-3: REGISTRATION REQUIRED:
It is unlawful for any person to solicit door to door without first registering with the City of Bonners Ferry and passing a background check, unless exempt by State or Federal law.
For the purposes of this chapter, "door to door solicitation" means any unsolicited contact by a person with any person at a residence or dwelling in the City of Bonners Ferry for the purpose of selling any product or service, or soliciting orders for any product or service. (Ord. 571, 11-7-2017)
3-4-4: REGISTRATION FEE:
A registration fee and background check fee in the amounts set by resolution of the City Council must be paid at the time the registration application is submitted. (Ord. 571, 11-7-2017)
3-4-5: REQUIRED INFORMATION:
Applicants for registration must present a current government issued photo identification to the City Clerk, allow the Clerk to take a photograph of the applicant, and fill out a registration application to be provided by the City Clerk, including the following information:
A. Name and permanent home address of the applicant;
B. A brief description of the nature of the business and the goods or services to be sold or provided;
C. Name and address of the person's employer, together with an explanation of the exact relationship between the person and the employer;
D. Length of time for which the door to door solicitation will occur;
E. A statement as to whether or not the person has been convicted of any crime or violation of any Municipal ordinance, the nature of the offense and where the offense was committed. (Ord. 571, 11-7-2017)
3-4-6: REQUIRED BACKGROUND CHECK:
Persons convicted of a felony within five (5) years prior to the date of application are prohibited from door to door soliciting within the City limits of Bonners Ferry.
To determine eligibility, each applicant for registration must provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Idaho Code section 67-3008, the City of Bonners Ferry will submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of State and national databases. The submission of fingerprints and information required by this section will be on forms prescribed by the Idaho State Police. The City of Bonners Ferry 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 licensing. As required by State and Federal law, further dissemination or other use of the criminal history information is prohibited. Fees required for the criminal history check must be tendered at such time as the application is made. (Ord. 571, 11-7-2017)
3-4-7: TERM AND UPDATING PRODUCT INFORMATION:
A. A new registration must be filed with the City Clerk annually.
B. Each registrant must submit a revised product and/or services description, on a form provided by the City Clerk, before selling door to door any products or services not listed on the original registration application. (Ord. 571, 11-7-2017)
3-4-8: IDENTIFICATION AND DISPLAY OF REGISTRATION:
All registrants must visibly display the City issued proof of registration on the outside of their clothing any time they are soliciting within the City limits of Bonners Ferry. (Ord. 571, 11-7-2017)
3-4-9: PROHIBITED CONDUCT:
A. No person, registered or not, shall solicit business at any home or business when such location has clearly posted any sign indicating that solicitation or peddling is prohibited.
B. No person, registered or not, shall continue with door to door solicitation at any home or business when requested to leave by the owner, authorized agent of the owner, or any other person that resides or works on the premises.
C. No person may provide false information on a registration or background check application.
D. No person, registered or not, may conduct door to door solicitations before nine o'clock (9:00) A.M. or after eight o'clock (8:00) P.M.
E. No person, registered or not, may misrepresent the purpose of or affiliation of those engaged in the solicitation, or make misrepresentations or false statements when conducting the solicitation.
F. No person, registered or not, may represent that the City of Bonners Ferry endorses the solicitation. (Ord. 571, 11-7-2017)
3-4-10: EXEMPTIONS:
A. The fee and background check provisions of this chapter do not apply to persons qualifying as a nonprofit business, including charitable activities, within the meaning of United States Internal Revenue Code. Possession of a certificate of such status from the Internal Revenue Service is required to qualify for this exemption.
B. Further, this chapter shall not apply to occasional sales or fundraisers conducted by local schools, local youth groups, and local service organizations. (Ord. 571, 11-7-2017)
3-4-11: VIOLATIONS AND PENALTIES:
Any person violating any of the mandatory provisions or requirements of this chapter is guilty of an infraction or misdemeanor as follows:
A. Initial violations of any provision are an infraction subject to a fine of one hundred dollars ($100.00).
B. Second and third violations of the same section are an infraction subject to a fine of three hundred dollars ($300.00).
C. Any additional violations of the same section are a misdemeanor punishable as provided in section 1-4-1 of this Code. (Ord. 571, 11-7-2017)
3-5-1: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
PAWNBROKERS: Every person who makes a business of lending money on the security of personal property deposited or pledged in his keeping.
SECONDHAND AND JUNK DEALERS: Every person who shall deal in secondhand furniture or secondhand household goods or who shall engage in the purchase of any used, old or discarded articles or things shall be termed a secondhand dealer and his place of business shall be known as a secondhand store or junk shop. (1959 Code §§ 5-9-1, 5-9-2)
3-5-2: LICENSE REQUIRED:
Every person who shall engage in the business of running and operating a secondhand store or junk shop or pawnbroker shall pay a license fee as set from time to time by council resolution. (1959 Code § 5-9-3; amd. 2003 Code)
3-5-3: PLACE OF BUSINESS DESIGNATED:
Every license granted to any secondhand dealer or pawnbroker shall designate the house or place, together with the street and number in which the person receiving such license shall be authorized to carry on such business; in case any licensee licensed as such shall desire to remove his store or place of business from the place designated in his license to another location he shall give notice to the clerk who will endorse on the license held by the licensee the designation of the new location in any other place than that designated in the license unless the new location shall have been endorsed upon his license by said clerk. (1959 Code § 5-9-4)
3-5-4: PURCHASES FROM MINORS:
No secondhand dealer or pawnbroker shall purchase any goods or articles whatsoever from any minor without first advising the chief of police and giving him an opportunity to inspect the goods offered for sale before the purchase. (1959 Code § 5-9-5)
3-5-5: INSPECTIONS:
Every secondhand dealer or pawnbroker shall, during reasonable hours, and upon request of any police or peace officer permit such officer to examine and inspect any merchandise, article or thing in stock in his place of business. (1959 Code § 5-9-6)
3-5-6: RECORD OF PURCHASES:
Every secondhand dealer and pawnbroker shall keep a book in which shall be written in the English language the time of the purchase of any article or thing, a description of the article or thing, and the name and address or the name and description of the person from whom such purchase was made, and such book, as well as every article or thing, shall, at all reasonable hours, be open for police inspection. (1959 Code § 5-9-7)
3-6-1: DEFINITIONS:
CARRIAGE: Any horse or other animal drawn cart, wagon, vehicle or attached apparatus used for the purpose of transporting persons for compensation.
LICENSING AUTHORITY: The City Council or its designee, herein referred to as the City.
LIMOUSINE: Any luxury motor vehicle driven by a chauffeur used for the purpose of transporting persons for hire.
OPERATION: The conducting of a general taxicab, limousine, pedicab or carriage business including, but not limited to, owning the business, contracting or leasing the business or an individual vehicle.
OPERATOR OR DRIVER: An individual, including a taxicab or limousine owner, authorized to operate, drive, or staff a taxicab or limousine upon and through the streets, avenues and alleys of the City.
PEDICAB: Any human powered vehicle that is able to be pedaled without any motor assistance, used for the purpose of transporting persons. A motor assist may be permitted so long as it does not replace or become the primary source of power in moving the unit and is seven hundred fifty (750) watts or less, is one (1) horsepower or less, and cannot exceed twenty (20) miles per hour.
TAXICAB: Any motor vehicle used for the purpose of transporting persons for hire, providing the "taxicab", as herein stated and defined, shall not include school buses or other motor vehicles used exclusively for the transportation of children to and from school, nor a motor bus with a seating capacity of over seven (7) passengers operated on a regular schedule over regularly designated streets, nor companies operating for the purpose of carrying United States mail or other United States property.
TAXICAB, LIMOUSINE, PEDICAB OR CARRIAGE OWNER: The person, firm, copartner, corporation, individual or association securing a license to operate a taxicab(s), limousine(s), pedicab(s) or carriage(s) upon and through the streets, avenues and alleys of the City. (Ord. 568, 9-5-2017)
3-6-2: LICENSES REQUIRED:
A. Application For Taxicab, Limousine, Carriage, Or Pedicab Business License: No person shall engage in the business of operating a limousine, taxicab or taxicabs, carriage or pedicab within the corporate limits of the City without first complying with all of the provisions of this chapter. Verified applications for a license for taxicabs and limousines shall be made by owner thereof upon forms to be furnished by the City Clerk. Such application shall contain the full name and address of the owner, the make, model, vehicle identification number (VIN) of the motor vehicle and the Idaho license number, if applicable, for the current year. All rules and regulations in this chapter pertaining to taxicabs shall likewise pertain to limousine, carriage and pedicab services unless otherwise stated.
B. Authority To License And Control: The City Council or its designee, hereinafter the "City" is hereby vested with complete authority to issue licenses for the operation of taxicabs and to alter, revoke or amend or suspend the said licenses in accordance with the provisions of this chapter and to regulate and limit the method of operation of taxicabs in accordance with this chapter, and to regulate taxicab operators, and is further vested with complete and full authority and responsibility to carry into effect all of the provisions of this chapter relative to the operation of taxicabs. The City reserves the right to do a complete background check on all owners and operators. The City shall have the authority to implement the requirements and restrictions of this chapter. Any license now issued, and which may be hereafter issued to engage in the business of operating taxicabs on or over the streets and public ways, shall mean and be construed to be only a license or privilege to use the streets and public ways for the business of operating taxicabs thereon. The Council or its designee may, where appropriate, reduce the conditions or limits established in this chapter if the license applicant is only operating a pedicab or carriage; otherwise, all requirements for a taxicab may apply.
C. Applicant; Conditions: No person shall be issued a license to engage in the business of owning and maintaining a taxicab, nor shall the owner authorize any person to operate a taxicab when that person:
1. Does not possess a valid U.S. driver's license;
2. Is under the age of eighteen (18) years;
3. Is not a bona fide owner of such business, if applying for taxicab owner license;
4. Has been convicted of a felony involving injury or threatened injury to another person or who is a registered sex offender;
5. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received any withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence for confinement for any felony or any misdemeanor or infraction which involves a moving traffic violation, except that the City may in its discretion waive the disqualification provided in this subsection upon finding that the nature of the crime committed by the applicant and the extent of the rehabilitation of the applicant does not pose a threat to the safety and health of the taxi passengers;
6. Has ever been convicted of, or pled guilty to, a felony case of driving under the influence of alcohol and/or drugs;
7. Has, at the time of such application, an outstanding warrant;
8. Has had a similar license revoked by the City or any other city of this State or of the United States.
D. Mayor And Council To Approve Application; Renewal: Before the City Clerk shall issue a license for any taxicab, the application must first be presented to the City Council for approval and upon such approval and the payment of the necessary fees and compliance with all other sections of this chapter, the City Clerk shall issue a license in such form as may be prescribed by the City Clerk. The Clerk is authorized to renew such licenses annually so long as the applicant complies with all provisions of this section.
E. License Card: Each taxicab shall carry a card issued by the Clerk verifying the license. Each card shall contain the name of the licensee, the date of its issuance, the date of its expiration, the official license number of the motor vehicle and the make and model thereof. (Ord. 568, 9-5-2017)
3-6-3: AUTHORIZED OPERATORS/DRIVERS:
Before any owner/licensee authorizes a person to drive a taxicab, the owner/licensee shall submit the completed application for taxicab driver form containing required information on the driver to the Chief of Police. All drivers must comply with the following standards and rules:
A. Applicant Conditions: All requirements of subsection 3-6-2C of this chapter.
B. Mandatory Drug Testing: Every person authorized to drive a taxicab under this chapter who is involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand dollars ($1,000.00) while providing taxicab service shall submit to one (1) or more tests as may be required to determine the amount of alcohol, narcotics, and prescription and nonprescription drugs present in such person. Any such required test(s) shall be at such authorized person's own expense.
C. Revocation; Denial: If any required test shows the presence of illegal drugs, alcohol in excess of the legal limit established in Idaho Code title 18, chapter 80, prescription drugs used other than as prescribed, or evidence of intoxicants, such person's authorization to drive a taxicab shall be immediately revoked. Refusal to submit to any test required shall result in the immediate revocation of the authorization to drive a taxicab. Following revocation under this subsection, no authorization to drive a taxicab shall be granted to that person until three (3) years immediately following the last violation of this subsection.
D. Dangerous Driving: No authorization to drive a taxicab shall be granted to any person where satisfactory proof is submitted that such person operates motor vehicles in an unskillful, dangerous or reckless manner, or who repeatedly violates the laws of the City relating to traffic or this chapter.
E. Medical Certificate: Every two (2) years each taxicab driver shall submit with the application a medical certificate from a licensed physician specifically stating that the applicant has good hearing, vision, and general health such that the person has no known physical conditions or disabilities which would impair the safe operation of a taxicab. The City's medical certificate form shall be completed and returned with the application for taxicab driver form.
F. Renewal: Authorization to drive a taxicab shall not be given to a person who, at the time of application for renewal of authorization issued hereunder would not be eligible or qualified for such authorization upon a first application, and a driver must continue to have and maintain all the qualifications. A renewal application will also include an annual background check and medical certification every two (2) years.
G. Owner Notification: The Chief of Police shall promptly notify the owner if he is aware a driver is not qualified to drive; however, the owner remains responsible to monitor drivers and ensure they meet the requirements of this chapter.
H. License Issuance, Transfer, Display: Authorized taxicab drivers will be issued an individual taxicab driver's license authorizing them to operate a taxicab under any taxicab company's license within the City of Bonners Ferry. The taxi driver may transfer this license to another taxicab company after review of the City of Bonners Ferry Police Department. A taxicab driver's license shall be displayed to the public or a law enforcement officer upon request. (Ord. 568, 9-5-2017)
3-6-4: INSURANCE REQUIRED:
A. Before any license is issued for any taxicab, the owners thereof shall be required to file with the City Clerk a certified copy of a policy of insurance executed by an insurance company authorized to do business within the State insuring the public against any loss or damage which may result to any person or persons from the operation of said taxicab, provided the limited amount of liability in such policy of insurance specified shall be as follows:
1. Property damage: Not less than one hundred thousand dollars ($100,000.00) except for carriages and pedicabs, which shall be not less than twenty thousand dollars ($20,000.00).
2. Public liability: Minimum five hundred thousand dollars ($500,000.00) per incident except for carriages and pedicabs, which shall be not less than one hundred thousand dollars ($100,000.00).
B. Owners to provide for notice to the City of nonrenewal or cancellation of insurance coverage.
C. The license to operate such taxicab business shall expire of itself or terminate upon the cancellation of said insurance for failure to pay premiums or for any other reason and no license shall be granted or be effective unless the taxicab for which said license is requested has been fully covered with insurance as hereinabove specified. (Ord. 568, 9-5-2017)
3-6-5: LICENSE FEES AND CARD:
Owners of taxicabs licensed hereunder shall pay to the City Clerk an annual license fee set by resolution adopted by the City Council. Taxicab drivers shall pay to the City Clerk an annual background check fee set by resolution adopted by the City Council. Such license shall expire on the last day of each year and must be renewed before the first day of the following year. Proof of the license provided for herein shall be plainly posted in said taxicab in such a manner that the same may be readily readable and legible to the passenger or passengers therein. It shall be printed and posted in such a manner and placed in said taxicab as shall be approved by the Chief of Police. It shall be unlawful for any taxicab to operate without such proof of license being so posted. (Ord. 568, 9-5-2017)
3-6-6: TRANSFER OF LICENSES:
Taxicab business owners' licenses issued under the provisions of this chapter shall be transferable subject to the consent and approval of the City Council; provided, however, that no license may be issued to another or to any other person until such licensee or person has applied for a license and has been found to be qualified to obtain such license under the provisions of this chapter; provided, further, that upon the approval of the transfer of any license as herein provided, the City Clerk shall charge and collect a fee set by resolution for transferring said license and issue a new license as provided for in this chapter. (Ord. 568, 9-5-2017)
3-6-7: SUSPENSION AND REVOCATION OF LICENSES:
In addition to other suspensions and revocations provided for in this chapter, the following procedures shall govern the suspension or revocation of licenses:
A. Any license granted under this chapter may be suspended at any time by the Chief of Police for any violation of the provisions of this chapter or of any other ordinance of the City, State or Federal law, or if such vehicle shall or has been used for any immoral, illegal, disorderly or improper purpose.
B. Any licensed owner or licensed operator of a taxicab vehicle within Bonners Ferry who violates any provision of the Idaho Code or this Code, in addition to: 1) the criminal or civil penalties prescribed by law for such violation, and 2) the suspension and revocation provisions of this chapter, shall be subject to a temporary suspension of their taxicab license for a period not to exceed one hundred eighty (180) days.
C. Notice of a temporary suspension may be personally served which suspension shall be effective upon such service. However, notice shall also be deemed properly served if sent by U.S. Postal Service certified mail to the address on file in the City Clerk's Office that was provided by the licensee. Such temporary suspension shall then be effective at one minute after twelve o'clock (12:01) A.M. on the third day following the date written notice is mailed to the licensed owner or licensed operator. A licensee's failure to accept, acknowledge, or receive notification of a temporary suspension shall not invalidate the temporary suspension, provided notice was served as provided in this subsection. Notice of a temporary suspension shall include grounds for the temporary suspension, and shall include a statement that informs the licensee of their right to appeal the temporary suspension. A license may be temporarily suspended for good cause even though no criminal charge or infraction is filed. Any operation of a taxicab during the period of a temporary suspension shall be deemed a separate offense for each day of such operation.
D. Any licensed owner or licensed operator of a taxicab within the City of Bonners Ferry whose license is temporarily suspended pursuant to this section may appeal the temporary suspension to the City Council by filing a written request with the City Clerk's Office within fifteen (15) working days of the start of the temporary suspension. Upon appeal, a temporary suspension shall be stayed pending a determination by the City Council, unless a separate finding is made by the Chief of Police that continued operation under the applicant's license would endanger the public, with the reasons for such finding being clearly stated. In the event an appeal of a suspension is denied by the City Council, the suspension period shall commence at one minute after twelve o'clock (12:01) A.M. on the day immediately following issuance of the denial by the City Council.
E. The City Council may revoke any license issued under this chapter for any cause which would have disqualified the applicant from receiving a license upon a first application. Further, if the City shall receive a complaint of deficiency or violation which, after investigation, proves to be valid, the licensee shall be served with a warning notice and citation providing five (5) working days to rectify. If the deficiency or violation is not corrected within said five (5) working days, the license shall be revoked for the remainder of the year. (Ord. 568, 9-5-2017)
3-6-8: VEHICLE INSPECTION:
It shall be unlawful for any person to operate and use or permit or allow the operation and use of any vehicle as a taxicab upon the streets of the City unless such vehicle has been inspected and approved. All vehicles shall be kept in good and proper mechanical order and of sanitary and good appearance, inside and outside. All taxicabs operated by one (1) taxicab company shall be easily distinguishable from taxicabs operated by other companies. Each taxicab shall have a lighted sign to indicate that the vehicle is in service or out of service. All vehicles (carriages and pedicabs excluded) shall be equipped with a taximeter which automatically registers the amount of the fare; such taximeter shall be installed so the taximeter and the amount of fare shall be plainly visible to the passengers riding in the taxicab. There shall be posted in a conspicuous place in each taxicab a rate card or sticker, of not less than four inches by six inches (4" x 6") in size, stating the rates of the taxicab, or rate policy of the pedicab or carriage. Inspection of the mechanical safety and sanitary condition of each vehicle shall be made by an ASE certified mechanic designated by the City Council or by the Police Chief for that purpose. Mechanical inspections shall certify the vehicle is equipped with, but not be limited to, properly working brakes (pedicabs must have 2 sets of operational brakes: 1 located on the front wheel and the other located on the back axle), lights, turn signals, tires, horn or bell, muffler, rear vision mirrors, seat belts, and windshield wipers in good condition. Windshields shall not have any defect which obstructs or impedes the view of the driver. Further, pedicabs shall only have a single frame; bike trailers or similar devices will not be permitted. Carriages must have appropriate braking systems and lights satisfactory to the City's designee. The mechanical inspection shall be reviewed by the Chief of Police. The Chief of Police shall inspect each taxicab concerning its sanitary condition. All taxicabs shall be so inspected on or before January 1 of each year. (Ord. 568, 9-5-2017)
3-6-9: OPERATING RULES:
A. The driver of any motor vehicle used within the City to transport passengers for hire shall be required to bring such vehicle to a complete stop before driving across any railroad crossing within the City.
B. No smoking shall be permitted in a taxicab, pedicab or carriage at any time.
C. It shall be unlawful for any person operating a taxicab to carry more passengers than the rated seating capacity of said motor vehicle as given by the manufacturer of said vehicle and not more than one (1) person shall occupy the front seat with the driver at the same time while the taxicab is in operation.
D. All occupants shall wear seat belts (except in carriages and pedicabs, which must be equipped with seat belts that may be worn at the occupants' discretion).
E. It shall be unlawful for any person driving a taxicab, pedicab, carriage or limousine to use a handheld cellphone while operating the vehicle, when vehicle is in motion.
F. Taxicab, pedicab, carriage and limousine companies and drivers are subject to all applicable Federal, State and local laws.
G. Horse or animal drawn carriages shall be equipped with a manure catching device which will capture and retain animal manure. All manure will be removed from the capture device as soon as is practical and stored in a covered metal container provided by the carriage operator. The carriage operator will be responsible for the disposal of animal manure at an approved location outside the City limits. Any manure deposited on a City roadway must be cleaned up and disposed of by the carriage operator as soon as practical.
H. All pedicabs and carriages operating at night must use headlights and taillights. (Ord. 568, 9-5-2017)
3-6-10: PENALTY:
In addition to being subject to license revocation or suspension, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable according to the provisions of Idaho State Code. (Ord. 568, 9-5-2017)
3-7-1: FINDINGS AND INTENT:
A. The Bonners Ferry city council finds that special events which take place in the city of Bonners Ferry which are offered to the general public or a substantial segment of the public have the potential to attract large gatherings of people which may cause adverse public health and safety conditions requiring municipal involvement and regulation to ensure adequate protection of public health and safety.
B. It is the intent of the Bonners Ferry city council that this chapter be enacted to protect and promote the health, welfare, and safety of citizens and visitors to the city of Bonners Ferry and to regulate special events for the benefit and protection of the public health and safety. Special event applicants, promoters, and sponsors whose special events require the use of extraordinary city resources as a result of anticipated attendance, heightened security concerns, or other logistical situations should pay for those extraordinary resources in order to alleviate the cost to the public taxpayer. (Ord. 557, 9-20-2016)
3-7-2: DEFINITIONS:
As used in this chapter:
APPLICANT, PROMOTER, OR SPONSOR: The person making an application for a permit to plan and operate a special event within the city of Bonners Ferry. As used herein, the applicant, promoter, and sponsor may be used interchangeably and the requirements of this chapter and any administrative regulations shall be enforced against the applicant, promotor, or sponsor.
EXTRAORDINARY RESOURCES: Government, public health and safety personnel, equipment, or other resources which would not, in the absence of the special event, be required or expended.
INSURANCE: A general liability policy for each permitted event in the amount designated within this chapter written by an insurer authorized by the state of Idaho to write insurance policies and kept continuously in force for the full term of the permit.
PERMITTEE: A person having a city issued permit in full force and effect issued hereunder to plan and operate a special event within the city of Bonners Ferry.
PERSON: Any person, firm, partnership, association, corporation, company, or organization of any kind.
PROJECTED ATTENDEES AND PARTICIPANTS: The estimated number of persons who will attend or participate, are reasonably likely to attend or participate, or are expected to attend or participate in a special event. The number estimate should consider the type and format of the special event, the size and location of the event, any prior events which were similar, including the special event history itself if it is an annual event or part of a series of gatherings or events, and the entertainment, if any, planned.
SIDEWALK: Any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.
SPECIAL EVENT: A preplanned gathering, event, or series of related consecutive events of an entertainment, cultural, recreational, educational, political, religious, or sporting nature, or any other nature that:
A. Is expected to draw fifty (50) or more persons at any session as participants or spectators;
B. Impacts city streets, sidewalks, parks, common areas, or utilizes city resources;
C. Requires special city services beyond normal functions including, but not limited to: street closure, increased police or fire protection; or
D. Intends to broadcast amplified sound or generate unusual noise.
Examples of special events include, by way of illustration and without limitation, the following types of events: concerts, dances, assemblages, processions, parades, circuses, fairs, festivals, block parties, community events, mass participation sports such as running events, bicycle races, or sports tournaments, or other organized activity conducted for a common and collective use.
STREET: Any place or way set aside or open to the general public for purposes of vehicular traffic including any berm or shoulder, right of way, or median strip thereof. (Ord. 557, 9-20-2016)
3-7-3: SPECIAL EVENT PERMIT REQUIRED:
A. No person shall stage, promote, or conduct any "special event", as defined above, in the city without first obtaining a special event permit approved by the chief of police, fire department chief, and city administrator.
B. The requirements for permitting under this chapter shall not apply to the following (unless closure of city streets is requested, in such case, the organizer must complete an application, but fees shall be waived):
1. Funeral processions;
2. Spontaneous events for the purpose of expressive activity that occur in response to breaking news or events;
3. Government sponsored functions;
4. Venues that are permitted to hold such activities by the property's zoning or an approved special use permit;
5. Private functions held on private property; and
6. School district functions.
In determining whether an event is exempt, no consideration shall be given to the content of any constitutionally protected expression connected with the planned activity. No permit shall be required under this chapter, nor any condition imposed on any permit if requiring so would violate the rights protected by the constitution of the United States or by the constitution of the state of Idaho. (Ord. 557, 9-20-2016)
3-7-4: PERMIT APPLICATION, FEES, INSURANCE AND INDEMNIFICATION:
A. All applicants for a special event permit shall submit an application for a special event permit to the city clerk no later than thirty (30) days prior to the commencement of the special event.
B. The application for a special event permit shall require and contain information as determined by application approved by the city council and the chief of police.
C. The council shall establish by resolution, a nonrefundable fee amount to be submitted with a permit application, the amount of which shall cover the expenses incident to processing the application. This may include an additional fee for applications not submitted in a timely manner as determined by this chapter.
D. All applicants shall submit, with the application, and maintain at least until the conclusion of the event, a comprehensive general liability insurance policy in the amount of one million dollars ($1,000,000.00), naming the city of Bonners Ferry as a coinsured party. If alcohol is to be served at the event, the insurance policy must also contain an alcohol rider. Applicants must also execute indemnification and hold harmless provisions contained within the application.
E. A cleanup fee, which shall be established by resolution of the city council shall be required at the time of application, all, a portion of, or none of which shall be returned upon recommendation of the chief of police after his inspection of the premises after the event has concluded and the premises have been vacated. Cleanup shall include removal of all signs and advertising materials posted on public property to advertise the event.
F. Upon application to the council and good cause shown, the council may, reduce or waive part or all of the financial requirements for issuance of a permit where the proceeds of the performance or parade are to be donated to a charitable or community organization or for a purpose to benefit the residents, business, or purpose of the city. (Ord. 557, 9-20-2016)
3-7-5: ISSUANCE OF PERMIT; EXTRAORDINARY RESOURCES; CONDITIONS OF APPROVAL; GROUNDS FOR DENIAL:
A. Upon submission of the application and any supporting documents required by this chapter, the chief of police or his designee may approve, approve with conditions, or deny a permit. If additional information is required by the chief of police the applicant shall have five (5) business days to submit all requested information.
B. Special event applicants, promoters, or sponsors whose special events require the use of extraordinary city resources as a result of their anticipated attendance or heightened security concerns shall be required to pay for those resources as determined by the chief of police. Full recovery for extraordinary expenses shall be required no later than sixty (60) days following the conclusion of the event.
C. The chief of police shall seek advice of other relevant staff members when the review and coordination of a specific event application is deemed necessary including the street department, clerk's office, and fire department. The applicant may be required to attend a meeting with the relevant parties during the review of the application.
D. An application for a permit may be denied if the chief of police determines:
1. The applicant has made any false, material representation in the application;
2. The applicant fails to provide any items or information required by this chapter;
3. In the opinion of the chief of police, the proposed event fails to provide a safe and secure venue or puts at risk the safety and well being of citizens in the community, or if the applicant fails to gain required licenses, permits, or permissions;
4. The special event will substantially interfere or conflict with any other special event for which a permit has already been granted or activity already scheduled with the provision of public safety or other city services in support of such other previously scheduled event.
5. The special event will:
a. Substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in area of the special event;
b. Close streets so as to cause unsafe conditions for the public;
c. As a result of the expected attendance at the event, the lawful capacity of the facility or area will be exceeded;
d. The parking available at the facility will be inadequate to accommodate the expected attendance; or
e. The event coordinator, applicant, promotor, or sponsor has failed to pay for a previously permitted event.
E. If a permit is denied or if the permit is approved with conditions to which the applicant objects, the chief of police or his designee shall provide the applicant with a written decision to deny or approve the conditions within ten (10) business days. The applicant, within ten (10) business days of the denial may appeal the decision to the city council for a final review based upon the documents and circumstances presented. The applicant's appeal will be scheduled for consideration by the city council during a regularly scheduled council meeting within fifteen (15) business days. (Ord. 557, 9-20-2016)
3-7-6: REVOCATION OR SUSPENSION OF A PERMIT:
The chief of police or his designee may summarily suspend or revoke a special event permit issued under this chapter for violation by the applicant of federal, state, or local laws or ordinances during the event, for violations of conditions of the permit, or for making any material false representations in an application for a permit. In deciding whether to suspend or revoke a permit, the chief of police or his designee may consult with other members of city staff. In the event of a suspension or revocation, the appeal provisions above shall apply commencing upon the date of the suspension or revocation notice. (Ord. 557, 9-20-2016)
3-7-7: PROHIBITIONS AND PENALTIES:
A. At special events, it shall be unlawful for any person to:
1. Conduct, present, stage, or promote a special event without a permit;
2. Violate any provision of this chapter;
3. Serve or cause to be served alcohol in violation of Idaho Code; and/or
4. Violate any condition of a special event permit.
B. Any person violating any provision of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be fined in an amount not to exceed the statutory maximum established by Idaho Code. (Ord. 557, 9-20-2016)
3-8-1: DEFINITIONS:
For the purposes of this chapter, the following terms, phases, words and derivations shall have the meaning given herein.
CITY OF BONNERS FERRY: | Within the municipal boundaries of the City of Bonners Ferry, Boundary County, Idaho. |
INDIVIDUAL TRANSACTION: | Any sale of tangible personal property reflected on a single invoice, receipt, or statement for which the aggregate sale transaction has been completed between the buyer and the seller. |
PERSON: | Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, or any other group or combination acting as a unit. |
PURCHASE: | Any transfer, rental, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration. A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price is a purchase. A transfer for consideration of any publication or of tangible personal property which has been produced, fabricated, or printed to the special order of the customer is also a purchase. |
RETAIL SALE/SALE AT RETAIL: | A sale of tangible personal property for any purpose other than resale of that property in the regular course of business or lease or rental of that property in the regular course of business where such rental or lease is taxable under Section 63-3612(2)(h), Idaho Code. 1. All persons engaged in constructing, altering, repairing or improving real estate, which includes construction of prefabricated buildings as defined in Title 63, Chapter 36 Idaho Code, are consumers of the material used by them; all sales to or use by such persons of tangible personal property are taxable whether or not such persons intend resale of the improved property. 2. The delivery in this State of tangible personal property by an owner or former owner thereof or by a factor, or agent of such owner, former owner or factory, if the delivery is to a consumer or person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this State, is a retail sale in this State by the person making the delivery. He shall include the retail selling price of the property in his total sales subject to tax under this Chapter. 3. For the purposes of this Chapter as enacted, the sale or purchase of a prefabricated building is deemed a sale or purchase of real property and not a sale or purchase of tangible personal property. |
RETAILER: | The term "retailer" means and includes: 1. Every seller who makes any retail sale or sales of tangible personal property and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others. 2. Every person engaged in the business of making sales for storage, use, or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption. 3. Every person making more than two (2) retail sales of tangible personal property during any twelve (12) month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy, or every person making fewer sales who holds himself out as engaging in the business of selling such tangible personal property at retail. 4. When the City Clerk determines that it is necessary for the efficient administration of this Chapter to regard any salesmen, representatives, peddlers, or canvassers as agents of the dealers, distributors, supervisors, or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors, or employers, the City Clerk may so regard them and may regard the dealers, distributors, supervisors, or employers as retailers for the purpose of this Chapter. |
SALE: | Any transfer of title, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration and shall include any transfer of possession through incorporation or any other artifice found by the State Tax Commission to be in lieu of, or equivalent to, a transfer of title, an exchange or barter. "Sale" shall also include: 1. Producing, fabricating, processing, printing, or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting. 2. Furnishing, preparing, or serving for a consideration food, meals, or drinks. 3. A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price. 4. A transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated, or printed to the special order of the customer, or of any publication. 5. Admission charges. 6. Receipts from the use of or the privilege of using tangible personal property or other facilities for recreational purposes. |
SALES PRICE: | The total amount for which tangible personal property including services agreed to be rendered as a part of the sale, is sold, rented or leased, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following: |
1. The cost of the property sold. However, in accordance with such rules and regulations as the State Tax Commission may prescribe, a deduction may be taken if the retailer has purchased property for some purpose other than resale or rental, has reimbursed his vendor for tax which the vendor is required to pay to the State or has paid the use tax with respect to the property, and has resold or rented the property prior to making any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property. 2. The cost of materials used, labor or service cost, losses, or any other expense. 3. The cost of transportation of the property prior to its sale. The term "sales price" does not include any of the following: 1. Discounts allowed and taken on sales, but only to the extent that such discounts represent price adjustments as opposed to cash discounts offered only as an inducement for prompt payment. 2. Any sums allowed on merchandise accepted in part payment of other merchandise. 3. The amount charged for property returned by customers when the amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned. 4. The amount charged for labor or services rendered in installing or applying the property sold, provided that said amount is stated separately and such separate statement is not used as a means of avoiding imposition of this tax upon the actual sales price of the tangible personal property. |
5. The amount of any tax (not including, however, any manufacturers' or importers' excise tax) imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer. 6. The amount charged for finance charges, carrying charges, service charges, time price differential, or interest on deferred payment sales, provided such charges are not used as a means of avoiding imposition of this tax upon the actual sales price of the tangible personal property. 7. Charges for transportation of tangible personal property after sale. | |
SALES TAX ACT: | The Idaho Sales Tax Act, Idaho Code section 63-3601, et. seq., including subsequent amendments thereto, which is hereby adopted by reference. |
SELLER: | Every person making sales at retail or retail sales to a buyer or consumer, whether as agent, broker, or principle. |
TANGIBLE PERSONAL PROPERTY: | Personal property which may be seen, weighed, measured, felt or touched, or which is in any other manner perceptible to the senses. |
TAXPAYER: | Any person subject to or liable for any taxes imposed by this Chapter. |
TRANSACTION: | A completed agreement between a buyer and a seller to exchange goods. (Ord. 609, 6-6-2023) |
3-8-2: IMPOSITION AND RATE OF CERTAIN NON-PROPERTY SALES TAXES, TO WIT: A ONE PERCENT (1%) TAX ON THE SALES PRICE OF ALL PROPERTY SUBJECT TO TAXATION, EXEMPTING THOSE SALES IN EXCESS OF $1,000.00, IN ONE INDIVIDUAL TRANSACTION:
The City of Bonners Ferry, hereby imposes and shall collect certain non-property taxes, as follows:
A municipal sales tax is hereby imposed upon each sale at retail within the city of Bonners Ferry, at the rate of one (1%) of the sales price of all property subject to taxation under Idaho Code sections 63-3601 et. seq., Idaho Sales Tax Act, including subsequent amendments thereto, excepting those purchases or sales in excess of one thousand dollars ($1,000.00), completed in a individual transaction.
A. All monies collected and/or retained under the provisions of this chapter shall be held in trust for the City of Bonners Ferry and for payment thereof to the City Clerk in the manner and at the times provided in this chapter.
B. This section, as well as Idaho State Law, provides that when there is a retail sales transaction within the city of Bonners Ferry, a local option is imposed. For a sale of goods, a sale is made in the city when title passes to the buyer in the city. When delivery of goods occurs in the city, title passes at the time of delivery. If goods are shipped from outside the city into the city, the seller must obtain a city of Bonners Ferry local-option tax permit pursuant to the terms of section 3-8-7 of this chapter. Alternatively, when goods are delivered by a seller within the city to a location outside the city, then title generally passes outside the city and no sales tax is owed to the city. (Ord. 609, 6-6-2023)
3-8-3: DURATION OF TAXES:
The non-property sales taxes authorized and collected under this chapter are hereby imposed commencing on July 1, 2023, and ending on December 31, 2033. (Ord. 609, 6-6-2023)
3-8-4: PURPOSES FOR WHICH THE REVENUES DERIVED FROM SAID NON-PROPERTY TAXES SHALL BE USED:
The non-property tax revenue derived from and collected under this chapter shall be used for the following purposes:
A. Fire protection, including capital and operating expenses.
B. Law enforcement, including capital and operating expenses.
C. Streets, sidewalks, buildings and grounds, including capital and operating expenses, such as road construction and maintenance and snow removal.
D. Property tax relief (per Idaho Code, any excess revenue received will be placed in a designated property tax relief fund).
E. Direct costs to the city to collect and enforce the tax. (Ord. 609, 6-6-2023)
3-8-5: CREATION OF A PROPERTY TAX RELIEF FUND:
There is hereby created in the office of the City Clerk a fund to be designated as the "Municipal Property Tax Relief Fund." All monies collected under this chapter, and not otherwise budgeted by the City Council (excluding the current fiscal year which has already been budgeted ending September 30, 2023) shall be placed by the City Clerk into the municipal property tax relief fund. All monies collected and placed into said fund shall be used to replace City property taxes in the ensuing fiscal year. (Ord. 609, 6-6-2023)
3-8-6: AUTHORIZATION FOR CITY CLERK TO ADMINISTER, REGULATE AND COLLECT SAID NON-PROPERTY TAXES:
The City Clerk of the City of Bonners Ferry is hereby authorized and empowered to administer, regulate and collect payment of all non-property taxes adopted and imposed by this chapter. Said Clerk shall have all of the powers set forth in this chapter together with those additional powers necessary and proper to carry out the provisions of this chapter. (Ord. 609, 6-6-2023)
3-8-7: PERMITS REQUIRED AND ISSUANCE OF PERMITS:
A. Every person desiring to engage in or conduct business of retail sales, within this City shall file with the City Clerk an application for a municipal non-property sales tax permit for each place of business. A separate permit is required for each place of business within the City. Every application for said permit shall be made upon a form prescribed by the City Clerk and shall set forth the name under which the applicant transacts or intends to transact business, the location of the business or places of businesses, and such other information as the City may require. The application shall be signed by the owner, if he is a natural person; or in the case of an association or partnership, by a member or partner, in the case of a corporation, by an executive officer or other person authorized by. the corporation to sign the application.
B. Upon filing an application meeting the requirements set out above, the City Clerk shall issue to each applicant a permit for each place of business. A permit shall not be assignable and shall be valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the location for which it was issued. Issuance of a permit may be subject to additional requirements as set forth in this Chapter.
C. On the face of the permit shall be fixed a municipal non-property tax number which shall be used by the applicant as an identifying number on all filing, payment and correspondence with regard to the non-property tax imposed under this chapter. (Ord. 609, 6-6-2023)
3-8-8: METHOD FOR PAYMENT OF TAXES:
A. The taxes imposed by this chapter shall be computed and paid for each calendar month. Said taxes are due and payable to the City Clerk on or before the twentieth day of the succeeding month. The amount of tax paid shall be computed on all sales subject to taxation under this chapter. Each person required to hold a municipal non-property sales tax permit and number shall file a municipal non-property sales tax return and a copy of their Idaho State Sales Tax Return for the month at the same time said taxes are paid to the City Clerk, unless said person has been permitted in writing by the Idaho State Tax Commission to file quarterly sales or use tax returns. Persons who have been permitted to file other than monthly returns shall notify the City Clerk in writing and the City Clerk thereupon may require reporting of State Tax Returns over some other period.
B. The first payment of taxes under this chapter shall be due and payable together on the twentieth day of August 2023, for that period beginning July 1, 2023, and ending July 31, 2023, thereafter all payments shall be made monthly.
C. A municipal non-property sales tax return shall be filed each and every month by every person engaging in sales subject to taxation under this chapter regardless of whether or not any tax is due. Returns shall be signed by the person required to file the return or by a duly authorized agent.
D. A valid sales tax exemption certificate issued by the Idaho State Tax Commission upon filing a copy thereof with the City Clerk shall have the same effect to exempt the sale from the taxes imposed hereunder as in the Idaho Sales Tax Act. (Ord. 609, 6-6-2023)
3-8-9: AUDITS DEFICIENCY DETERMINATION:
A. The City Clerk may order an audit of any taxpayer under this chapter for the purpose of ascertaining the correctness or completeness of any return or payment.
B. If any error or omission is discovered in such audits or in any other way, the City Clerk may compute and determine the amount of tax due upon the basis of facts obtained from such information within its possession and assert a deficiency. One or more deficiency determinations may be made for the amount due for one or for more than one period. In making such a determination, the City Clerk may offset over payments against amounts due. Further, said determinations shall be made for the period or periods in respect to which the person fails to make a return and shall be based upon any information which is in the City Clerk's possession.
C. The City Clerk shall give written notice of its determination and the amount of its deficiency, including interest, at the rate of twelve percent (12%) per annum from the date due, to the person from whom such deficiency amount is due. Such notice may be given personally or mailed to the person at the address furnished to the City Clerk in the non-property tax permit application. (Ord. 609, 6-6-2023)
3-8-10: REDETERMINATION OF DEFICIENCY:
A. Any person against whom a deficiency determination is made under this Chapter, or any person directly interested, may petition in writing for a redetermination within thirty (30) days after service upon the person of notice thereof. If the petition for redetermination is not filed within the thirty (30) day period, the determination becomes final at the expiration of the period.
B. If a petition for redetermination is filed with the thirty (30) day period the City Clerk shall reconsider the determination and, if the person so requests in the petition, grant the person an oral hearing and give said person ten (10) days' notice of the time and place of the hearing personally or by mail addressed to the person at the address furnished to the City Clerk in said person's application for a non-property tax permit. (Ord. 609, 6-6-2023)
3-8-11: APPEALS, INTEREST ON DEFICIENCY:
A. When a redetermination is made, the City Clerk shall give notice to the taxpayer against whom the redetermination is made. Within thirty (30) days of the date upon which such notice of redetermination is mailed or served, the taxpayer may file an appeal with the City Council or may file a complaint with the District Court for review of the City Clerk's redetermination. There shall be no right of review to the City Council nor to the District Court on the determination of taxes due made by the City Clerk unless a redetermination has been timely filed. No assessment of a deficiency in respect to the tax imposed by this chapter or proceeding to collect for its collection shall be made, begun or prosecuted until such notice has been mailed to the taxpayer and expiration of such thirty (30) day period after notice of redetermination, nor if a protest is filed until a decision on the protest becomes final. If the taxpayer does not protest to the City Council or file an action in District Court within the time prescribed in this section, the deficiency shall be assessed and shall become due and payable upon notice and demand from the City Clerk.
B. Interest upon any deficiency shall be assessed at the same time as the deficiency and shall become due and payable upon notice and demand from the City Clerk and shall be collected as part of the tax at the rate of twelve percent (12%) per annum from the date prescribed for payment of the tax. (Ord. 609, 6-6-2023)
3-8-12: COLLECTIONS AND ENFORCEMENT:
As soon as practical after monthly municipal non-property sales tax return and payment is filed, the City Clerk shall examine the same and determine the correct amount of the tax. For the purpose of ascertaining the correctness of any payment determining the amount of tax due where none has been made, determining liability of any person for any tax payable under this chapter, or the liability at law or in equity of any person in respect to any tax provided by this chapter or collecting any such liability, the City Clerk, or duly authorized deputy, is authorized (1) to examine the books, papers, records, or other data which may be relevant or material to the inquiry; (2) to summon the person liable for the tax or any officer, agent or employee of such person, or any person having possession, custody or care of books of accounting containing entries relating to the business of the person liable for the tax, to appear before the City Clerk, or deputy, at a time and place named in its summons to produce such books, papers, records or other data and/or give such testimony under oath as may be relevant or material to such inquiry. (Ord. 609, 6-6-2023)
3-8-13: REFUNDS AND LIMITATIONS:
A. If the City Clerk determines that any amount due under this chapter has been paid more than once or has been erroneously or illegally collected or computed, the City Clerk shall set forth that fact in its records and the excess amount paid or collected may be credited on any amount due or payable to the City Clerk for non-property taxes from that person, and any balance refunded to the person by whom it was paid or to his successors, administrators or executors.
B. No such credit or refund shall be allowed or made after one (1) year from the time the payment was made unless before the expiration of such period a claim therefore is filed by the taxpayer.
C. Appeal from the City Clerk's decision denying in part or in whole a claim for refund shall be made in accordance with the laws of the State of Idaho with regard to claims against municipalities. (Ord. 609, 6-6-2023)
3-8-14: RESPONSIBILITY FOR PAYMENT OF TAXES:
Every person with a duty to account for or pay over any tax imposed by this chapter on behalf of a corporation, as an officer employee of the corporation, or on behalf of a partnership, as a member employee of the partnership shall be personally liable for payment of such tax, plus penalties and interest. (Ord. 609, 6-6-2023)
3-8-15: PERIOD OF LIMITATION UPON ASSESSMENT AND COLLECTION:
A. The amount of taxes imposed under this chapter shall be assessed within three (3) years of the time the return upon which the tax asserted to be due was or should have been filed, whichever is later; provided, however, if a deficiency determination or assessment has been made within the prescribed time, such tax may be collected within a period of six (6) years after assessment. The running of limitations provided by this section shall be suspended for the period during which the City Clerk is prohibited from making the assessment or from collecting or proceeding in Court due to a petition for redetermination or an appeal therefrom, and for thirty (30) days hereafter.
B. In the case of taxes due during the lifetime of a decedent, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within six (6) months after written request therefor (filed after the return is made) by the executor, administrator, or other fiduciary representing the estate of such decedent unless the assessment is stayed by a petition for redetermination or any appeal therefrom.
C. In the case of a false or fraudulent return with intent to evade tax, or of a failure to file a return, the tax may be assessed, or a proceeding in Court for collection of such tax may be begun without assessment, at any time within three (3) years after the date of the discovery of the facts constituting the fraud. (Ord. 609, 6-6-2023)
3-8-16: SUCCESSORS’ LIABILITY:
A. If a vendor liable for any amount of tax under this chapter sells out his business or stocks and goods, the vendee shall make an inquiry to the City Clerk and withhold from the purchase price any amount of tax that may be due under this Chapter until such time as the vendor produces receipt stating that no amount is due.
B. If the purchaser of business or stock of goods fails to withhold from the purchase price as above required, he is personally liable for the payment of the amount required to be withheld by him. (Ord. 609, 6-6-2023)
3-8-17: GENERAL ADMINISTRATION BY CITY CLERK:
A. The City Clerk shall enforce the provisions of this chapter and may prescribe, adopt, and enforce rules and regulations relating to its administration and enforcement. The City Clerk may employ qualified auditors for examination of taxpayers' books and records, and shall also employ such accountants, investigators, assistants, clerks, and other personnel as are necessary for the efficient administration of this Chapter and may delegate authority to its representatives to conduct hearings, or perform other duties imposed by this Chapter.
B. Taxpayers in the City of Bonners Ferry shall keep such records, receipts, invoices, and other pertinent papers as the City Clerk may require. Each such taxpayer who files tax payments required under this Chapter shall keep all such records for not less than four (4) years after making such payments unless the City Clerk in writing authorizes their destruction.
C. The City Clerk, or any person authorized in writing by the Clerk, may examine the books, papers, records, and equipment of any taxpayer or any person liable for any tax, and may investigate the character of the business of the person in order to verify the accuracy of any return made, or if no return is made by the person, to ascertain and determine the amount required to be paid. Any taxpayer whose pertinent records are kept outside of the City must bring the records to the City for examination by the City Clerk upon request of the latter, or by agreement with the City Clerk permit an auditor designated by the City Clerk to visit the place where the records are kept, and there audit such records. (Ord. 609, 6-6-2023)
3-8-18: PENALTIES:
A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by up to one (1) year in the county jail, and/or three hundred dollar ($300.00) fine, or both. Furthermore, each month in which a person fails to report, or intentionally fails to accurately compute, or intentionally fails to accurately disclose the total amount of sales or rentals or the amount of tax to be paid, as imposed under this chapter, shall be considered a separate offense.
B. Any person who violates any provision of this chapter shall have his municipal non-property sales tax permit and tax number revoked. The City Clerk shall send written notice of revocation of said permit and tax number to the permit holder by mailing the same by certified mail to the address given on the permit application. The permit holder shall have ten (10) days from the date said notice is mailed to file a written request of appeal with the City Council, challenging said revocation. If no appeal is timely made said revocation becomes final. Whenever a person subject to this chapter has had said permit and tax number revoked, the City Clerk shall not reissue said permit nor issue a new permit to said person until said person places with the City Clerk a bond or other sufficient security in the amount equal to three (3) times the actual, determined, or estimated average monthly amount of tax payable by such person pursuant to this chapter.
C. The City Clerk, whenever it is deemed necessary to ensure compliance with this chapter, may require any person subject to this chapter to place with it such security as it may determine. The amount of said security shall not be greater than three (3) times the estimated average monthly amount payable by such persons pursuant to this chapter. The amount of the security may be increased or decreased by the City Clerk at any time, subject to the limitations set forth above.
D. Any person who violates any provision of this chapter shall have all municipal non-property sales tax permits, municipal beer license(s), and wine license(s), and retail liquor by the drink license(s) revoked.
E. Any amount of tax due under this chapter for which a person fails to report or accurately compute, shall became a lien upon the property of said taxpayer on the date that the same becomes due, and the City may seek to enforce said lien and collect all taxes and interest due, together with the reasonable costs of collection, including attorney 's fees, in a Court of competent jurisdiction.
F. For the purposes of proper administration of this chapter, and to prevent evasion of said non-property sales taxes, the burden of proving that a sale or rental is not a sale under this chapter is upon the person who makes the sale or rental in question. (Ord. 609, 6-6-2023)
3-8-19: PENALTY CHARGES:
A. Any person who is required to collect and pay over any tax imposed by this chapter and fails or refuses to pay over to the City the same when due in accordance with section 3-8-9, hereinabove, shall be liable and pay a penalty change equal to five percent (5%) of the tax not paid, or a minimum of ten dollars ($10.00) (whichever is greater). The City Clerk shall assess and collect said fee at the time any delinquent tax payment is tendered. The permit holder shall have ten (10) days from the date payment is made to file a written appeal with the City Council challenging said penalty determination. If no appeal is timely made as herein provided, said penalty determination shall be final.
B. Any person who is required to collect, truthfully account for, and pay over any tax imposed by this chapter and who willfully fails to collect such a tax or truthfully account for or pay over such a tax, or willfully attempts in any manner to evade or defeat such a tax or payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the amount of the tax evaded, or not collected, or not accounted for or paid over. The City Clerk shall determine and assess such penalties, and the same shall become due and payable upon notice and demand from the City Clerk. The City Clerk shall send written notice of such penalty charge to the permit holder by mailing the same by certified mail to the address given on the permit application. The permit holder shall have ten (10) days from the date said notice is mailed to file a written request of appeal with the City Council challenging said penalty charge determination. If no appeal is timely made as herein provided, said penalty charge determination shall be final. (Ord. 609, 6-6-2023)
3-8-20: EXEMPTIONS:
All transactions by the State of Idaho, otherwise subject to imposition of said taxes, are exempt from the provisions of this chapter. (Ord. 609, 6-6-2023)
3-8-21: CONFIDENTIALITY OF INFORMATION:
A. No City Clerk of the City of Bonners Ferry, Boundary County, Idaho, nor any duly authorized Deputy City Clerk, agent or employee shall divulge or make known to any persons, in any manner, any information whatsoever submitted or obtained, directly or indirectly, pursuant to this chapter, or to permit any non-property tax return or information supplied with regard thereto, or any copy thereof, or any paper or book so obtained, to be seen or examined by any person except as provided by law; provided that in any action or proceeding brought for the collection, remission, cancellation, or refund of the whole or any part of a tax imposed under this chapter, or for enforcing the penalties prescribed for making false or fraudulent returns, any and all information contained in or provided with said returns may be made accessible to the elected and appointed officials, officers, and representatives of said City charged with enforcing or defending the same, all such returns, information, statements and correspondence relating thereto may be produced into evidence in any action, civil or criminal, directly pertaining to such returns or the tax imposed on the basis of such returns.
B. The Bonners Ferry City Council, under such rules and provisions as it may prescribe, may permit, notwithstanding the provisions of this chapter as to secrecy, the Commission of Internal Revenue of the United States or his delegate or the proper officer of any state imposing a tax to inspect the non-property tax returns or information provided or obtained in connection therewith, or may furnish to such officer, or his authorized agent, copies or an abstract thereof.
C. Nothing in the chapter shall prohibit a taxpayer, or authorized representative upon proper identification, from inspecting and copying his own non-property tax returns and information supplied therewith. (Ord. 609, 6-6-2023)
3-2A-1: LICENSE REQUIRED:
It shall be lawful to sell liquor by the drink as provided in title 23, chapter 9, Idaho Code, as amended, provided a license shall first be obtained as provided in this article and the rules and regulations and provisions concerning the licensing and operation of a place of business for the sale of liquor are adhered to as provided. (1959 Code § 5-11-1)
3-2A-2: APPLICATION:
A. Form: Before there shall be any lawful sale of liquor by the drink, an application by the proposed licensee must be made for such license and filed with the clerk in form and manner herein provided.
B. Required Information: Such application shall provide for the name of the applicant, the location of the proposed business, and such other information as may be prescribed and required by the mayor and city council.
C. State License Required: At the time said application is filed, the applicant shall also present a copy of an application for a state license and also the license issued by the state for the sale of liquor by the drink at retail. No license will be issued until a license is first obtained from the state.
D. Approval: All applications filed with the clerk shall be referred to the mayor and city council for final approval. The clerk shall receive the license fee hereinafter provided at the time of filing of the application. Upon approval of the application by the mayor and council, the license will be issued and delivered to the applicant. (1959 Code § 5-11-2; amd. 2003 Code)
3-2A-3: LICENSE REQUIREMENTS:
No license shall be issued for the sale of liquor by the drink to any person not qualified for a license under title 23, chapter 9, Idaho Code, as amended, nor upon any premises in any neighborhood which is predominantly residential nor within three hundred feet (300') of any school, church or other place of public worship. (1959 Code § 5-11-3)
3-2A-4: FEES:
The license fee, established by resolution of the mayor and city council, required of an applicant for the sale of liquor by the drink shall be payable in advance. The first payment shall be made with said application for the calendar year in which the license is issued. All licenses issued shall expire at twelve o'clock (12:00) midnight on December 31 in each year. Renewals may be granted upon application, if the record of the applicant is satisfactory to the council and in accordance with the provisions of the law and this article and upon payment of the license fee for the ensuing year. Any operation under an expired license shall constitute a misdemeanor for each day of operation. (1959 Code § 5-11-4; amd. 2003 Code; Ord. 477, 5-6-2003)
3-2A-5: PREMISES REQUIREMENTS:
Every licensee must conform to all regulations and laws of the state of Idaho and the provisions of this article. Liquor by the drink shall not be sold by any person except one duly licensed. All premises shall be adequately lighted and subject to periodic sanitary inspection. No gambling of any kind or character shall be operated upon said premises and no gambling devices shall be maintained thereon. (1959 Code § 5-11-8)
3-2A-6: HOURS OF SALE:
No liquor shall be sold, offered for sale or given away upon any licensed premises during the following hours:
On any other day between two o'clock (2:00) A.M. and ten o'clock (10:00) A.M. (1959 Code § 5-11-10) (Ord. 582, 11-6-2018)
3-2A-7: ACCESS TO PREMISES:
All peace officers appointed by the state, the city, or the county shall have free access at all times to the licensed premises. Any information touching the manner and method of the operation of said premises or the sale of liquor may be submitted to the council upon any investigation made of said licensee. (1959 Code § 5-11-7)
3-2A-8: PROHIBITED SALES; CONDUCT:
No sale of liquor shall be made to any person under the age of twenty one (21) years nor to any intoxicated person or persons who may engage in disorderly or improper conduct. No disorderly or improper entertainment shall be permitted upon such premises. Any violation of the provisions of this article shall be considered as a misdemeanor and shall likewise be grounds for the cancellation of the license. (1959 Code § 5-11-9)
3-2A-9: TRANSFERABILITY:
Any license issued under the provisions of this article shall be transferable, provided the transferee must be qualified to hold such a license as such "qualifications" are defined by the other sections of this article. Any licensee may, at any time, move from the place of business to some other place which may meet the requirements of this article; provided application therefor be made to the council and permitted by it. There shall be no additional license fee, but there will be a transfer fee as set from time to time by resolution of the city council. (1959 Code § 5-11-5)
3-2A-10: REVOCATION:
A. Authority To Revoke: If any licensee, or employee, of a liquor by the drink establishment violates any of the provisions of this article or is convicted of the violation of any of the provisions of title 23, chapter 9, Idaho Code, as amended, the mayor and council are hereby authorized and empowered to revoke the license issued to said licensee.
B. Notice Required: Provided, however, that in the event it is brought to the attention of the council that a violation has taken place, before revoking such license, the mayor and council shall cause notice to be served upon the licensee, setting forth in general terms the violation or violations claimed to have been committed.
C. Hearing: Such notice shall provide a time for hearing thereon by the mayor and council which date of hearing shall be not less than five (5) days nor more than ten (10) days from the date of the service of said notice.
D. Council Decision: Upon or following said hearing, the mayor and council, if they shall find that the provisions of this article or the provisions of the laws of the state of Idaho have been violated, shall revoke such license theretofore issued, and no refund of any unused portion of the license fee shall be made to the licensee.
E. Revocation Of State License: A revocation by the director of law enforcement of the state of Idaho of any license theretofore issued, said licensee shall automatically revoke the license issued by the city, and no refund of any fee therefor paid shall be made. (1959 Code § 5-11-6)
3-2A-11: AUTHORIZED SALE WITHOUT LICENSE:
An applicant that has complied with all provisions of section 3-2A-2 of this article except for presenting a license, may lawfully sell liquor by the drink under this article for so long as the applicant has a valid authorization to so serve liquor by the drink from the Idaho department of law enforcement. It shall be prima facie evidence of such authorization to present to the council a written statement signed by the issuing investigator of the department of law enforcement. (1959 Code § 5-11-11)
3-2B-1: DEFINITIONS:
As used in this article, the following words and terms shall have the meanings ascribed to them in this section:
BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water.
RETAILER: Any person engaged in the sale or distribution of beer to the consumer. (1959 Code § 5-8-1; amd. Ord. 424, 2-6-1996)
3-2B-2: LICENSE REQUIRED:
It shall be unlawful for any person to dispose of beer without first obtaining a proper license. (1959 Code § 5-8-2)
3-2B-3: APPLICATION:
Application for a retail beer license shall be made, under oath, to the clerk and the application shall show that the applicant possesses all of the qualifications required by this code. Each application shall be forwarded, after proper and adequate investigation by the chief of police, to the governing body for approval or disapproval. The mayor and city council shall grant or deny the application within thirty (30) days of the time it is filed with the city clerk. (1959 Code § 5-8-3; amd. 2003 Code)
3-2B-4: QUALIFICATIONS OF LICENSEE:
No retail license shall be issued to any applicant who:
A. Owner; Residency: Is not the bona fide owner of such business, or
1. Individual: Is not a citizen of the United States, or has not been a bona fide resident of the state of Idaho for a period of one year prior to the date of application;
2. Partnership: If the applicant is a partnership, all partners shall be such citizens, and at least one thereof, or the actual active manager therefor, shall have been such resident;
3. Corporation: If the applicant is a corporation, such corporation shall be qualified to do business within the state of Idaho, and the manager of such business place shall be such citizen and shall have been such resident;
B. Violation Of Liquor Law: Has, or any partner or actual manager or officer or employee, or spouse of which, has been convicted of a violation of any law of the state, or of the United States regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or has within two (2) years forfeited, or suffered the forfeiture of, a bond for his appearance to answer charges of any such violation;
C. Felony Conviction: Has, or any partner or actual active manager or officer of which has, been convicted of any felony within five (5) years or has paid any fine or completed any sentence of confinement therefor within five (5) years.
A retailer licensee must continue throughout the license period to have all of the foregoing qualifications and none of the foregoing disqualifications, and for failure therein, upon proof thereof to an issuer of a license, such issuer shall revoke the license issued; and, in writing, sent by United States registered mail, notify each of the other issuers of a retailer's license to such license (licensee) stating sufficient facts for identification of the licensee and the grounds and date of revocation. (1959 Code § 5-8-4)
3-2B-5: FEES:
The fees for the sale of beer shall be as follows:
A. Consumption Off Premises: Where the retailer sells only bottled or canned beer, none of which is consumed on the premises where sold, the license fee shall be established by resolution of the mayor and city council.
B. Consumption On Premises: Where the retailer sells only bottled or canned beer to be consumed on the premises where it is sold, the license fee shall be established by resolution of the mayor and city council.
C. Draught, Bottled Or Canned: Where the retailer sells draught and bottled and canned beer, or draught only, the license fee shall be established by resolution of the mayor and city council. (1959 Code § 5-8-6; amd. Ord. 477, 5-6-2003)
3-2B-6: LOCATION RESTRICTION:
(Rep. by Ord. 581, 10-16-2018)
3-2B-7: TERM:
Each license issued shall expire on December 31 of the year following the date of issuance. (1959 Code § 5-8-6)
3-2B-8: HOURS OF SALE:
It shall be unlawful for any person to sell beer between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M. (1959 Code § 5-8-5)
3-2B-9: REGULATIONS:
It shall be unlawful for any person to offer beer to any person under twenty one (21) years of age and it shall be unlawful for any person under the age of twenty one (21) years to frequent, loiter in or about or patronize any beer dispensary, excepting that any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his/her employment. (Ord. 468, 7-2-2002)
3-2B-10: TRANSFERABILITY:
Any license issued under the provisions of this article, and article C of this chapter, shall be transferable, provided the transferee must be qualified to hold such a license as such "qualifications" are defined by the other sections of these articles. Any licensee may, at any time, move from the place of business to some other place which may meet the requirements of these articles; provided application therefor be made to the council and permitted by it. There shall be no additional license fee, but there will be a transfer fee as set from time to time by resolution of the city council. (Ord. 476, 5-6-2003)
3-2B-11: REVOCATION:
The governing body of the municipality shall retain the right at all times to revoke and cancel any license for just cause. When any license is revoked the licensee shall have the privilege of appearing before the governing body to appeal such revocation. Any conduct or act on the part of the licensee which may be sufficient cause for revocation of the license must be brought to the attention of the governing body. (1959 Code § 5-8-8)
3-2C-1: DEFINITIONS:
The following terms as used in this article are hereby defined as follows:
DIRECTOR: The director of law enforcement of the state of Idaho.
PERSON: Includes an individual, firm, copartnership, association, corporation or any group or combination acting as a unit and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used.
RETAIL WINE LICENSE: A license to sell wine at retail for consumption off the licensed premises.
RETAILER: A person to whom a retail wine license has been issued.
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 ingredients are added.
WINE BY THE DRINK LICENSE: A license to sell wine by the individual glass or opened bottle at retail, for consumption on premises only. (1959 Code § 5-14-1; amd. 2003 Code)
3-2C-2: LICENSE REQUIRED:
It shall be lawful for any person to sell wine at retail or by the drink within the corporate limits of the city after having first procured a license therefor. (1959 Code § 5-14-2)
3-2C-3: APPLICATION:
Application for license shall be in writing, signed and sworn to by the applicant upon application forms furnished by the clerk. Such application shall be filed by the clerk and presented to the mayor and council at the next meeting of the council for their approval, rejection or further consideration. (1959 Code § 5-14-3)
3-2C-4: QUALIFICATIONS:
The applicant for a license shall possess all of the qualifications necessary to obtain a license from the director of law enforcement of the state as prescribed by the laws of the state, and maintain such qualifications throughout the period for which such license is issued. The possession of licenses regularly issued by the department of law enforcement and the county in addition to a city beer license shall be prima facie evidence of the applicant's qualifications to receive a license hereunder. (1959 Code § 5-14-4; amd. 2003 Code)
3-2C-5: FEE; TERM:
The license fee imposed and collected shall be established by resolution of the mayor and city council. Such license year shall be from one minute past twelve o'clock (12:01) A.M. January 1 through December 31, provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance. Separate licenses are required for retail sale of wine and for sale of wine by the drink. (1959 Code § 5-14-5; amd. Ord. 477, 5-6-2003)
3-2C-6: ISSUANCE:
Upon filing the application for a license and production of evidence as required by section 3-2C-4 of this article as to the qualifications of the applicant and by the payment of the required license fee, the clerk shall, upon approval of the mayor and city council, issue to the applicant a license to sell wine at retail within the municipality for such calendar year or the remainder thereof. (1959 Code § 5-14-6; amd. 2003 Code)
3-2C-7: LICENSE RESTRICTIONS:
The assignment or transfer of a wine license shall be the same as provided by article B of this chapter for the assignment or transfer of a beer license. (1959 Code § 5-14-7)
3-2C-8: CONSUMPTION ON PREMISES:
Persons who do not possess a valid license shall neither sell wine at retail or by the drink. Wine sold for consumption on the retailer's premises may be sold only during hours that liquor by the drink may be sold pursuant to the laws of this state. Wine sold by the retailer for consumption off the premises of the retailer may be sold only during the hours that beer may be sold pursuant to the laws of this state. (1959 Code § 5-14-8)
3-2C-9: POSSESSION:
No person may, while operating or riding in or upon a motor vehicle upon a public highway of this state, have in his possession any wine in an open or unsealed container of any kind. (1959 Code § 5-14-9)
3-2C-10: MISREPRESENTATION OF AGE:
A. No person under the age of twenty one (21) years may purchase, consume or possess wine.
B. No person shall give, sell or deliver wine to any person under the age of twenty one (21) years.
C. No person under the age of twenty one (21) years shall by any means represent to any retailer or distributor or to any agent or employee of such retailer or distributor that he or she is twenty one (21) years or more of age for the purpose of inducing such retailer or distributor, or his agent or employee, to sell, serve or dispense wine to such person.
D. No person shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty one (21) years or more of age, when in fact such other person is under the age of twenty one (21) years, for the purpose of inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve or dispense wine to such other person. (1959 Code § 5-14-10)
3-2C-11: REVOCATION OF LICENSE:
A. Power To Revoke: The right shall be and remain at all times vested in the mayor and council, and the mayor and council may, as hereinafter provided, revoke or cancel any license for fraud or misrepresentation in its procurement, for a violation of any of the provisions of this article, for any conduct or act of the licensee or his employees or any conduct or act permitted by him or them on the premises where such business is conducted, or in connection therewith or adjacent thereto, tending to render such business or such premises where the same is conducted as a public nuisance or a menace to the health, peace, safety or general welfare of the city.
B. Revocation Of State License: The revocation or suspension of the state license by the director of law enforcement shall be deemed prima facie evidence for revocation or suspension of the license issued herein. (1959 Code § 5-14-11; amd. 2003 Code)
3-2C-12: PENALTY:
Any person who violates any of the provisions of this article or fails to comply with any of the terms and conditions of this article shall be guilty of a misdemeanor. (1959 Code § 5-14-12)