Twin Falls City Zoning Code
TITLE 3
BUSINESS REGULATIONS
CHAPTER 2 HOTELS AND ROOMING HOUSES
(Rep. by Ord. 2017-007, 2-6-2017)
CHAPTER 3 PUBLIC DANCE HALLS
(Rep. by Ord. 2132, 12-17-1984)
CHAPTER 12 DRIVE-IN RESTAURANTS
(Rep. by Ord. 2132, 12-17-1984)
CHAPTER 13 MISCELLANEOUS LICENSES
(Rep. by Ord. 2132, 12-17-1984)
3-1-1: LICENSE REQUIRED; TERM:
It shall be unlawful for any person to conduct or permit the conducting or permit the playing of any game of cards or any game in which playing cards are used, in any place of business, place of amusement or in any room or place open to the public, in his possession or control, without first obtaining from the City a license therefor, signed by the City Clerk.
The license mentioned above shall be a yearly license and must be obtained on July 1 of each year; provided, that when said first day shall fall upon Sunday or a legal holiday, then it shall be obtained on the day following such holiday. The person desiring such license shall file a written application for such license with the City Clerk and pay the license fee hereinafter required. (Ord. 2197, 3-16-87)
3-1-2: LICENSE FEE:
The applicant for a card room license shall pay a license fee at the time of his application of ten dollars ($10.00) for each card table or other paraphernalia, per month, upon which may be conducted a continuous game of cards or game played by means of cards. (1958 Code, Ch. VI, Art. 1)
3-1-3: DENIAL OF LICENSE:
Whenever the person making application for such license has been convicted of a crime involving moral turpitude, or the reputation of such applicant in the City is such that the City Clerk shall believe that such applicant will conduct or permit the conducting of a gambling game or gambling games under such license, either openingly or surreptitiously, the City Clerk shall refuse to issue such license. (Ord. 2197, 3-16-87)
3-1-4: INSPECTION:
Any person conducting or who shall permit the conducting of any game or games under license issued as aforesaid, shall permit any member of the Council and any police officer or officers and any executive officer of the City, or any or either thereof, to freely visit and view such game or games and to remain and view the same at will, and any person or any person acting as an officer or agent thereof or any person having immediate control or conduct of such business, place of amusement, room or place where said game is being carried on, or is being permitted to be carried on, under such license, shall answer in writing any question or questions which may be propounded to him or them by any of the officers aforesaid in regard to such game or games, and shall make a statement in writing under oath when required by any such officer setting forth such information as shall be required by said officer in regard to such game or games and the conduct thereof, and shall exhibit when and as often as required any matter or thing in the possession or under the control of such person conducting or permitting the conduct of such game or games, which is in any way connected with said game or games or which, in the opinion of such officer, would be evidence of the conducting of a gambling game or any improper conduct of said game, and if such person shall refuse or fail, either individually or by or through its officers or agents or person having charge or control, to answer the inquiries or make the statement or statements or exhibit matters and things aforesaid, in the manner and to the extent aforesaid, then the Council may, at a regular meeting or any special meeting called for that purpose, revoke the license issued to such person so offending and the licensee shall forfeit all fees paid thereunder, and the Council shall refuse to issue any further license to the person so offending and when such licensee so offending shall have been notified of the revocation of such license, it shall be unlawful for him to conduct or permit the conducting or permit the playing of any such game or games as in this Chapter mentioned in his place of business or amusement, or any place or room under his possession or control.
3-1-5: LIQUOR PROHIBITED:
No beer, wine, hard liquor or any liquor of any alcoholic content whatsoever, shall be served to anyone at said card tables, and no person shall drink or be permitted to drink such liquor at said tables. (1958 Code, Ch. VI, Art. 1)
3-1-6: APPEAL OF CITY CLERK'S DECISION:
If the applicant is aggrieved by the decision of the City Clerk, the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the City Clerk. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the City Council shall be final.
3-1-7: REVOCATION OF LICENSE:
The City Council may revoke any license issued under this Chapter for violation of any of the provisions of this Code or ordinance of the City or laws of the State of Idaho. Prior to revocation by the City Council, the City Clerk or City Council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-87)
3-4-1: DEFINITIONS:
PAWNBROKER: Every person, firm, association or corporation engaged in conducting, managing or carrying on the business of loaning or advancing money, check or draft for money, for himself or for another, upon deposit or purchase of personal property, personal security, pawns, pledges, bailment or other valuable thing, excluding firearms, or who deals in purchasing articles of personal property or other valuable thing, excluding firearms, on condition of reselling or agreeing to resell such articles to the vendors or their assigns at a stipulated price, or who loans money secured by chattel mortgage or personal property, having possession of the property, or any portion or part thereof mortgaged or who advertises by use of pawnbroker's sign, or by advertising "unredeemed pledges", or by any other expression designating pawnbroker's business, shall, for all intents and purposes under this chapter, be declared to be a pawnbroker within the meaning of this chapter. This section shall only apply to Type 02 Federal Firearms License holders.
FIREARMS: The term "firearms" includes any weapon designed to expel a projectile by explosive action, the frame or receiver of such a weapon, firearm silencers, and destructive devices, excluding antiques 18 U.S.C. § 921(a)(3). This definition shall also include any legal firearm accessory attached to the weapon, regardless of whether it is serialized.
PAWNSHOP: Any room, store or place in which any such business of "pawnbroker" as defined herein is engaged in, carried on or conducted.
SECONDHAND DEALER: Any person, firm, association or corporation who buys, accepts as trade, or otherwise deals in secondhand tools, goods, wares, merchandise or other articles and things usually found in a secondhand store, other than recording media. The following are specifically excluded from the definition of secondhand dealer:
(A) Dealers in new merchandise who do not pay in cash for used property, but allow their patrons an exchange value when making a sale of new goods of the same type.
(B) Dealers in antique goods who do not purchase electronic equipment, tools, coins or precious jewelry.
(C) Rummage sales, garage sales and yard sales conducted on a temporary basis (not more than ten (10) days).
(D) Any person, firm, association or corporation that accepts or receives, as donation only, and does not pay in cash for any property, clothing, furniture, or any other valuable thing.
SECONDHAND STORE: Any room, store or place in which any such business of "secondhand dealer" as defined herein is engaged in, carried on or conducted.
(Ord. 2591, 9-8-1998, eff. 10-1-1998)
3-4-2: LICENSE, APPLICATION AND PROCEDURE:
(A) License Required: It shall be unlawful for any person to engage, conduct, keep, manage or operate any pawnshop or secondhand store without having first obtained a license therefor as provided for in this chapter and which is in full force and effect.
(B) Application: An application for such license shall be made in writing to the city clerk in such form and manner as may be prescribed.
(C) Partnership, Corporation Or Association: When application for a license is made by or on behalf of a partnership, corporation or association, such application shall be made by the manager, officer, agent or other person who will have the direct charge and management of such pawnshop or secondhand store.
(D) Investigation: Upon receipt of an application for a license, the police department shall cause an investigation to be made of the applicant.
(E) Issuance Of License: Upon completion of such investigation, if the police department finds that the license applicant complies with the required qualifications set forth in this chapter, the city clerk shall issue a license. Licenses shall not be transferable either as to person or place.
(F) License Fees:
1. Regular License: The city clerk shall collect before the issuance of any license or renewal thereof an annual fee of five hundred dollars ($500.00). If a license is granted pursuant to an application filed after June 30 of any year, the license fee for the balance of such year shall be two hundred fifty dollars ($250.00).
Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. Every licensee, on or before each January 31, shall pay the city clerk five hundred dollars ($500.00) for each license held by him/her as the annual fee for the succeeding calendar year.
2. Limited License: For those secondhand dealers who purchase not more than ten (10) transactions of secondhand goods per month, the annual license fee shall be fifty dollars ($50.00).
(G) Age Requirement: No license shall be issued to any person who is not eighteen (18) years of age or older.
(H) License Denial; Refund: If any license applicant is denied a license for any reason, the required license fee shall be refunded to the applicant. No license fee shall be refunded as result of any suspension, revocation or for any license that is voluntarily surrendered by the holder of such license.
(I) Location Requirements: No license shall be issued to any person for any proposed location that does not comply with the planning and zoning regulations and fire codes established by the city, county and the state.
(J) Criminal History: To determine the suitability of prospective applicants for pawnshop, pawnbroker and secondhand dealer licenses, the police department shall require an applicant to provide information necessary to perform a local Twin Falls city background check, warrant check and a check of the Idaho Courts online records system.
(Ord. O-2025-001, 1-27-2025)
3-4-3: QUALIFICATIONS:
Every applicant and every employee of an applicant shall meet the following minimum qualifications:
(A) Must be over the age of eighteen (18) years.
(B) Must not have had a city pawnbroker's business license or similar permit or license revoked or suspended by the city or any other state or local agency within three (3) years prior to the date of the application.
(C) Must not have been convicted within the preceding five (5) years of:
1. Any felony or crime that would be deemed a felony according to the laws of the state.
2. Theft in any degree.
3. Obscene or lewd conduct.
(D) Must provide all information needed by the police department to perform a background investigation.
(E) The police department shall investigate the aforementioned qualifications pursuant to this chapter and shall report to the city clerk its recommendations. The city clerk shall, if the applicant complies with the licensing requirements, issue a license to the applicant upon the payment of the proper fee.
(Ord. O-2025-001, 1-27-2025)
3-4-4: RECORDS:
(A) Every pawnbroker or secondhand dealer, except dealers of secondhand clothing, shall keep a record of every article pledged, consigned, or traded with him/her, sold to him/her, or received by him/her. The requirements of this provision do not include firearms, though pawnbrokers or secondhand dealers may keep such records of firearms.
(B) This record shall be open to the inspection of any city police officer at any time during the hours of business. Such record shall be completed on a form specified by the city.
(C) Upon the purchase, pledge or receipt of any property or article said record shall be completed. One copy of said record shall be retained by said pawnbroker or secondhand dealer for a period of twelve (12) months from the date said form is completed. One copy of said record shall be provided to the seller, pledger, trader or consignor. No entry on such record shall be altered, erased, obliterated, or defaced, and all property described in the record shall be open to the inspection of any city police officer during business hours. Original records shall be free of any staples, tape or other items that may deface, obliterate, or damage said record. A complete and accurate description of the property shall be reported to "LeadsOnline.com" within twenty-four (24) hours of receipt. While not mandatory, submitting details of firearms transactions into LeadsOnline is highly encouraged. This voluntary submission helps enhance public safety by aiding in the recovery of lost or stolen firearms.
(D) Each record of purchase, pledge, trade, consign or receipt of property or articles shall contain an accurate description of the property or article and the person from whom it was received. Said record shall also contain the following information:
1. Name, address and telephone number of the pawnshop or secondhand store.
2. Last name, first name and middle initial, complete residence address, phone number, date of birth, height, weight, sex, hair color and eye color of the seller, pledger, or any person from whom any property or article was received.
3. The driver's license number and the state of issue, or official state of Idaho identification, or official United States military identification, or passport, with photograph and signature block of the seller, pledger, trader, consignor.
4. The date of the transaction; the amount of loan, purchase, pledge, trade or consign; the interest amount and terms of any loan or pledge.
5. A complete description of the property or article purchased, pledged, traded or consigned, to include, brand name or make, model, serial number, model number, owner applied number or other engravings, vehicle identification number, type and color. (No record shall contain more than six (6) article or property entries).
6. Signature lines or space for the execution by pawnbroker, secondhand dealer and the seller, pledger, trader or consignor, or any person from whom property was received.
7. A space shall be provided and shall bear a legible ink, chemical, or other acceptable impression of the right or left thumbprint of the seller, pledger, trader, consignor, or any person from whom property was received.
(E) Every record shall be completed and signed by the pawnbroker, secondhand dealer or employee and the seller, pledger, trader, or consignor at the time of execution. The pawnbroker or secondhand dealer shall compare the signature upon the required identification with that upon the record. The signature by the seller, pledger, trader, or consignor shall be a certification that the described property or article has not been obtained by illegal means and is free and clear of any encumbrances.
(F) This Section shall apply to all secondhand merchandise, pledges, articles or property for trade or resale, but shall not apply to articles of new merchandise purchased directly from the manufacturers, wholesale dealers or distributors having established places of business or of any purchase in the open market or secured from any persons doing business and having an established place of business in the City. Such goods, however, shall be accompanied by a bill of sale or other evidence of legitimate purchase and must be shown to any City police officer upon request.
(G) Each record issued shall be numbered consecutively, and if stubs are used in connection with such records, such stubs shall be numbered consecutively to conform to the tickets.
(H) Any pawnbroker or secondhand dealer receiving in pledges or otherwise any article, shall affix to said article a tag, and upon such tag shall be written a number in legible characters. Such number shall correspond to the number in the record required to be kept by him/her.
(Ord. O-2025-001, 1-27-2025)
3-4-5: SALES:
No personal article, property or other valuable thing, pledged to, purchased by, received in trade by or deposited with any pawnbroker or secondhand dealer at this place of business shall be sold from such place of business for a period of at least thirty (30) days after being so acquired; provided, this Section shall not apply to firearms or new merchandise purchased from manufacturers or wholesale dealers having established places of business or any purchase in the open market or secured from any person doing business and having an established place of business in the City. Such goods, however, shall be accompanied by a bill of sale or other evidence of legitimate purchase and must be shown to any City police officer upon request.
(Ord. O-2025-001, 1-27-2025)
3-4-6: RESTRAINMENT OF SALES; NOTICE FROM POLICE DEPARTMENT:
(A) Whenever the Chief of Police or any City police officer shall notify any pawnbroker or secondhand dealer in writing that certain property is alleged to be stolen, such property (excluding firearms) shall not be sold or permitted to be redeemed or otherwise released for a period of thirty (30) days from the date of such notice, but such notice may be renewed for an additional thirty (30) day period or periods.
(B) Written notice of hold shall bear the date, accurate description of held property, requesting agency case number, name of business where questioned item is held, amount owed to pawnbroker or secondhand dealer, name of person property was received from and the requesting officer's name and agency. A duplicate copy of this information shall be left with the pawnbroker or secondhand dealer at the time an item is placed on hold.
(Ord. O-2025-001, 1-27-2025)
3-5-1: AUCTIONEER'S LICENSE:
It shall be unlawful for any person to engage in the work of an auctioneer unless said person shall first obtain an auctioneer's license from the City Clerk. The fee for such license shall be twenty five dollars ($25.00) per annum from date of issue, and no such license shall be issued for a period less than one year. (Ord. 2197, 3-16-1987)
3-5-2: JEWELRY AUCTIONS:
(Rep. by Ord. 2132, 12-17-1984)
3-5-3: AUCTION SALES:
(A) It shall be unlawful for any person to sell or offer for sale at public auction any personal property unless said person shall first make application for and obtain an auction sale permit from the City Clerk. (Ord. 2197, 3-16-1987)
(B) Said application shall give the name of the business, business address, owner or manager of business, residence address of the owner or manager, expiration date, name of the applicant along with other pertinent information as prescribed by the City Clerk.
(C) Applicant must post with the City Clerk at the time of application a bond in the amount of twenty thousand dollars ($20,000.00) issued by a surety company authorized to do business in this State assuring that the sale will be conducted in compliance with the requirements of this Chapter and indemnify any person purchasing any personal property at said auction sale against loss or damage occurring by reason of violation of this Chapter, misrepresentation of merchandise sold or breach of warranty of merchandise sold. (Ord. 2203, 6-1-1987)
(D) It shall be unlawful to hold any auction sales in any section of the City zoned for residential purposes; except churches, schools and service organizations may hold auction sales for charitable purposes, and individuals selling at their own home, their own personal belongings, for one day only may conduct auction sales in the residential areas of the City. No fees shall be collected for holding charitable auctions; no fee shall be charged for individuals selling at their own home their personal belongings.
It shall be unlawful to hold any auction sale upon any City property, sidewalks, streets, alleys, parks or highways.
(E) It shall be unlawful to hold any auction sale heretofore provided for, before nine o'clock (9:00) A.M. and after ten o'clock (10:00) P.M. (Ord. 2132, 12-17-1984)
3-5-4: EXCLUSIONS AND EXEMPTIONS:
This Chapter shall not apply to migratory livestock; the sale at auction under or by virtue of any order of court, Idaho statute or City ordinance; the sale of real property. (1958 Code, ch. VI, art. 7)
3-5-5: FEES FOR AUCTIONS:
At the time of making application for a jewelry auction sale permit or any other auction sale permit, the applicant shall pay a twenty five dollar ($25.00) fee which shall also be the permit fee, and if the permit be not granted, the applicant shall be refunded fifteen dollars ($15.00). The fees provided herein are for preparing the application and policing the auction. (1958 Code, ch. VI, art. 7)
3-5-6: APPEAL OF CITY CLERK'S DECISION:
If the applicant is aggrieved by the decision of the City Clerk, the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the City Clerk. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the City Council shall be final. (Ord. 2197, 3-16-1987)
3-5-7: REVOCATION OF LICENSE:
The City Council may revoke any license issued under this Chapter for violation of any of the provisions of this Code or ordinance of the City or laws of the State. Prior to revocation by the City Council, the City Clerk or City Council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-1987)
3-6-1: FINDINGS AND INTENT:
(A) The Twin Falls city council finds that special events which are offered to the general public or a substantial segment of the public often attract large gatherings of people which may cause adverse public health and safety conditions requiring municipal regulation to ensure adequate protection of public health and safety.
(B) It is the intent of the Twin Falls city council that this chapter be enacted to protect and promote the health, welfare and safety of the citizens of and visitors to the city of Twin Falls 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 their anticipated attendance or heightened security concerns should pay for those extraordinary resources. It is the further intent of the Twin Falls city council that this chapter be construed liberally in favor of protecting and promoting the health, welfare and safety of the citizens of, and visitors to the city of Twin Falls. (Ord. 2986, 6-21-2010)
3-6-2: DEFINITIONS:
As used in this chapter:
APPLICANT, PROMOTER OR SPONSOR: The person making application for a permit to plan and operate a special event within the city of Twin Falls. 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, promoter and 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 and, if necessary, an automobile 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.
LICENSING OFFICER: The chief of police or his/her designee.
PARADE: Any parade, march, ceremony, show, exhibition, pageant, walk-a-thon or procession of any kind consisting of persons, animals or vehicles, or a combination thereof, or any similar display, in or upon any street, park or other public place in the city.
PARK: Any and all lands, buildings, reserves, sports complexes, swimming pools, golf courses, trails and other special places that are publicly owned, operated or maintained.
PERMITTEE: A person having a city permit in full force and effect issued hereunder to plan and operate a special event within the city of Twin Falls.
PERSON: Any person, firm, partnership, association, corporation, company or any 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 single gathering, event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, educational, political, religious or sporting nature, or of any other nature that:
(A) Is expected to draw five hundred (500) or more persons at any session as participants or spectators and is proposed to be held at a park;
(B) Impacts city streets, sidewalks, parks and common areas, or city resources;
(C) Unless otherwise permitted to do so, propose to sell or serve alcohol publicly; or
(D) Intends to broadcast amplified sound or generate unusual noise.
Examples of special events include, by way of illustration and without limitation, these types of events: concerts, dances, assemblages, processions, parades, circuses, fairs, festivals, block parties, community events, mass participation sports (such as, marathons and running events, bicycle races or tours, sports tournaments), other organized activity conducted for a common or collective use.
Excluded from this requirement are venues that are permitted to hold such activities by the property's zoning or through an approved special use permit.
STREET: Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right of way, or median strip thereof. (Ord. 2986, 6-21-2010; amd. Ord. 3092, 3-16-2015)
3-6-3: SPECIAL EVENT PERMIT REQUIRED:
(A) No person shall stage, promote, or conduct any special event in the city without first obtaining a special event permit from the chief of police or his/her designee. With the exception of events at which alcohol is served or sold publicly and events intending to generate amplified sound or excessive noise, no special event permit under this chapter will be required for events to be attended by fewer than five hundred (500) people.
(B) The requirements for permitting under this chapter shall not apply to:
1. Funeral processions;
2. Spontaneous events for the purpose of expressive activity that occur in response to breaking or emerging news;
3. Lawful picketing on sidewalks; and
4. Venues that are permitted to hold such activities by the property's zoning or through an approved special use permit.
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 a permit or imposing the condition would violate rights protected by the constitution of the United States or by the constitution of the state of Idaho. (Ord. 2986, 6-21-2010)
3-6-4: 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 chief of police or his/her designee no later than forty five (45) days and no earlier than one year prior to the date of commencement of the special event.
(B) The application for a special event permit shall contain and require information as determined by the chief of police or his/her designee.
(C) Separate application is required for licenses and permits related to, or necessary for the special event, including licenses or permits to sell alcoholic beverages in parks or on streets or sidewalks, as required by Idaho law and this code.
(D) Any event that includes the sale and/or service of alcoholic beverages on public property or public right of way shall require the use of ID bracelets identifying the legal drinking age of anyone purchasing alcoholic beverages, a designated sales area and security approved by the chief of police or his/her designee. Alcohol service and consumption is absolutely prohibited in all city parks during the operating hours of an event except that which is sold, served and consumed in an area specifically designated for such activity.
(E) All applicants shall submit, with the application, and maintain, at least until the conclusion of the special event, a comprehensive general liability insurance policy in the amount of five hundred thousand dollars ($500,000.00) with the city of Twin Falls or Twin Falls County highway district (or both, depending upon the location of the special event) named as a certificate holder, and written by a company authorized to write insurance policies within the state of Idaho, and filed with the chief of police or his/her designee. Applicants must also execute indemnification and hold harmless provisions contained within the application.
(F) A twenty five dollar ($25.00) administrative application fee will be required upon submitting each special event application.
(G) All applications must be completed in their entirety. (Ord. 3092, 3-16-2015)
3-6-5: ISSUANCE OF PERMIT; EXTRAORDINARY RESOURCES; CONDITIONS OF APPROVAL; GROUNDS FOR DENIAL:
(A) Upon submission of the application and items required by this chapter, the chief of police or his/her designee shall review the application for completeness. Chief of police or his/her designee may approve, approve with standard or special conditions, or deny a permit. If additional information is needed by the chief of police or his/her designee, the applicant shall have five (5) business days to submit to the chief of police or his/her designee all requested information.
(B) Special event applicants, promoters and 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 extraordinary resources, as determined by the chief of police or his/her designee. Full cost recovery for extraordinary resources shall be required no later than sixty (60) days following the conclusion of the event. Any extraordinary resources for which there are additional costs shall be solely dedicated to the special event.
(C) The chief of police or his/her designee shall seek the advice of other relevant city staff members when the review and coordination of a specific special event application is deemed necessary. The applicant may be required, when notified by the chief of police or his/her designee, to attend the meeting and participate in the review of the permit application.
(D) An application for a permit may be denied if the chief of police or his/her designee determines:
1. The applicant has made any false, material representation in the application;
2. The applicant fails to provide any of the items or information required by this chapter;
3. In the opinion of the chief of police or his/her designee, 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 applicant fails to gain required licenses, permits, or permissions from the fire chief, parks and recreation director and chief of police or his/her designee;
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 for a park or 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 the area of the special event;
(b) Cause irresolvable conflict with construction or development in public rights of way or at the park or public facility where the special event is held;
(c) Close streets during peak commuter hours on weekdays between seven o'clock (7:00) A.M. to nine o'clock (9:00) A.M. or between four o'clock (4:00) P.M. to six o'clock (6:00) P.M. so as to cause unsafe conditions for the public;
(d) As a result of the expected attendance at the event, the lawful capacity of the facility will be exceeded; and
(e) The parking available at the facility will be inadequate to accommodate the expected attendance at the event; or
(f) The event coordinator, applicant, promoter, or sponsor failed to pay for a previously permitted event. (Ord. 2986, 6-21-2010)
(g) The application packet is incomplete. (Ord. 3092, 3-16-2015)
(E) If a permit is denied, or if the permit is approved on conditions with which the applicant contests, the chief of police or his/her designee shall provide the applicant with the written decision to deny or approve with conditions within ten (10) business days. The applicant, within ten (10) business days after denial or approval with conditions, 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 at a regular meeting within fifteen (15) business days. (Ord. 2986, 6-21-2010)
3-6-6: REVOCATION OR SUSPENSION OF PERMIT:
The chief of police or his/her designee may summarily suspend or revoke a permit issued under this chapter for violation of any provision of this chapter, for violation by the applicant of any federal, state or local laws or ordinances during the special event, for a violation of the conditions of the permit or for making any material false representation in an application for a permit or for an exemption certificate. In deciding whether to suspend or revoke a permit, the chief of police or his/her designee may consult with other relevant members of the 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. 2986, 6-21-2010)
3-6-7: PROHIBITIONS AND PENALTIES:
At all special events, it shall be unlawful for any person to:
(A) Conduct, present, stage or promote a special event without a permit;
(B) Violate any provision of this chapter;
(C) Serve or cause to be served alcohol in violation of Idaho Code; and
(D) Violate any condition of a special events permit.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars ($1,000.00) or be imprisoned in the Twin Falls County Jail for a period not exceeding one year, or be both so fined and imprisoned.
When a large party or gathering otherwise not requiring a special events permit occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. If police department personnel respond to a second disturbance call to the same premises within twenty four (24) hours, the person or persons in charge of the premises and the persons responsible for the event, or if either of those persons is a minor, then the parents or guardians of said minors shall be jointly and severally liable for a civil penalty in the amount of five hundred dollars ($500.00) for said incident. The city reserves its legal options to elect any other legal remedies when such costs or damages exceed five hundred dollars ($500.00). The accounting and billing procedures are set forth above. (Ord. 2986, 6-21-2010)
3-6-8: ATTENDANCE AND PARTICIPANT GOOD FAITH ESTIMATE:
The attendance and participant good faith estimate provided by the applicant, promoter, or sponsor shall accompany the special event application. The applicant shall provide a short written statement explaining the basis upon which the estimate is made. The statement shall include all the relevant factors known at the time, including, without limitation, past attendance at similar functions having the same and similar performers, both in Twin Falls and comparable communities, the price of admission and the extent of advertising and promotion contemplated. (Ord. 2986, 6-21-2010)
3-7-1: INTENT OF CHAPTER:
This Chapter shall be deemed an exercise of the police powers of the City for the protection of the public health, peace and morals, and all of its provisions shall be liberally construed for the attainment of that purpose. (1958 Code, ch. VI, art. 15)
3-7-2: DEFINITIONS:
The terms used herein shall have the same definitions and meanings as said terms are set forth in chapter 10 of title 23, Idaho Code. (1958 Code, ch. VI, art. 15)
3-7-3: LICENSE REQUIRED:
It shall be unlawful for any retailer to sell, trade, barter or dispose of beer without first having obtained a license therefor from the Board of Commissioners as hereinafter provided. (1958 Code, ch. VI, art. 15)
3-7-4: APPLICATION AND QUALIFICATIONS FOR LICENSE:
(A) Applications for a beer license shall be in writing, signed and sworn to by the applicant upon application forms furnished by the City Clerk. Such application shall be filed by the City Clerk and presented to the Mayor and Council at the next meeting of the Council for their approval, or rejection or further consideration.
(B) The applicant for a beer license shall possess all of the qualifications necessary to obtain a license from the Director of the Department 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 shall be prima facie evidence of the applicant's qualifications to receive a license hereunder. (Ord. 2540, 11-18-1996)
3-7-5: PROCEDURE FOR PROCESSING AND ACTING ON APPLICATIONS FOR BEER LICENSES, TRANSFERS OR RENEWALS:
(A) The City Council shall grant or deny an application for a new license or request for transfer of a license within thirty (30) days of the time it is filed with the City Clerk. The applicant shall provide to the City Clerk a current copy of the County and State beer license prior to issuance of the Municipal license.
If the request is for a renewal of a license, the City Clerk's office may forward a notice of the renewal date of the license to the applicant, informing the applicant that the license is due to be renewed, along with other relevant information. Upon the request of the applicant to renew the license and receipt of the license fee by the City Clerk's office, the City Clerk shall immediately forward the application to the City Council. The City Council shall either approve or disapprove the license in accordance with this Chapter. If the City Council approves the application for the renewal of a license, the license shall not be issued by the City Clerk until the applicant shall provide to the City Clerk a current copy of the County and State beer license.
Prior to any revocation or suspension, the licensee shall be afforded a hearing according to section 23-1016, Idaho Code. Whenever the Mayor and City Council denies an application, they shall specify in writing:
1. The statutes, ordinances and standards used in evaluating the application;
2. The reason for the denial; and
3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof. (Ord. 2194, 12-15-1986)
(B) In all cases where the city council is considering applications for licenses, transfers, or renewals thereof, a transcribable, verbatim record of the proceeding shall be made. If the applicant for a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter.
Upon written request and within the time period provided for retention of the record, any person may have a record transcribed at his expense. The city council shall also provide for the keeping of the minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.
(C) Retailers' licenses shall be granted only for a certain room or building designated in said license, which said room or building shall be well lighted and the view thereof not obstructed by any curtain, blind or partition, and the place of business shall not be changed or moved without the consent of the city council in regular session. (Ord. 2089, 12-19-1983)
3-7-6: INSPECTION; DISPLAY AND TRANSFER OF LICENSE:
Every person to whom a license shall be granted to sell, barter, trade or dispose of beer shall at all times conduct a quiet and orderly place of business which shall be open to the inspection at all times of any police officer or officer of the United States, and that the said officers shall have the right at any and all times to make an examination of the said licensed premises to ascertain if the licensee of such premises is conforming to the provisions of this chapter, the laws of the state, or the laws of the United States applicable thereto, and to check the alcoholic contents of any beer being kept on said premises; all permits or licenses shall be posted in a conspicuous place on the premises and kept so posted during the full period for which said license is issued, and said license shall not be transferred without the consent of the city council. Transfer may be approved after transferee has filed an application for beer license as heretofore provided and has paid to the city a transfer fee of five dollars ($5.00). Transferee shall meet all requirements for issuance of a beer license as is heretofore provided in this chapter; no license transferred by process of law or otherwise shall authorize the transferee, including any executor, administrator or trustee in bankruptcy of the estate of the licensee, to retail beer thereunder until the transferee shall have filed under oath applications therefor containing substantially the same information required of an application for a license, and if the transferee possesses the qualifications and none of the disqualifications for a license as herein provided, the city council shall approve such transfer and amend the licenses to show same. Such transferee shall accompany each such application for transfer with, and shall pay the sum of five dollars ($5.00). (1958 Code, ch. VI, art. 15)
3-7-7: TERMINATION DATE OF LICENSE AND FEES:
(A) All licenses issued under this chapter shall terminate at twelve o'clock (12:00) midnight on June 30 of each year. (Ord. 2708, 12-3-2001)
(B) Retailers' license fees for the sale of beer shall be as follows:
1. Where such retailer sells only bottled or canned beer, none of which is consumed on the premises where sold, the license fee shall be equal to twenty five percent (25%) of the license fee exacted under subsection (B)2 of this section relating to draught beer and bottled or canned beer or draught beer only; and where such bottled or canned beer is consumed on the premises where sold, the license fee shall be seventy five percent (75%) of the fee exacted under said subsection (B)2 of this section. (1958 Code, ch. VI, art. 15)
2. Where such retailer sells draught beer and bottled or canned beer, or draught beer only, the sum of two hundred dollars ($200.00) per year. (Ord. 2027, 9-8-1981)
3-7-8: HOURS OF SALE:
It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises whether conducted for pleasure or profit, to sell or permit to be consumed on the premises beer as the same is defined by law, between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M. (1958 Code, ch. VI, art. 15)
3-7-9: MINORS, SALES RESTRICTED:
(A) Controlling Sale To Minors: It shall be unlawful for any person to sell beer to any person under the age of twenty one (21) years. It shall be unlawful for any minor under the age of twenty one (21) years to frequent, loiter in or about or patronize any beer dispensary and it shall likewise be unlawful for any owner of any such beer dispensary or his employee to permit any such minor under twenty one (21) years of age to frequent, loiter in or be employed in such beer dispensary.
(B) Procuring For Or Purchase, Consuming Or Possessing Beer Prohibited: It shall be unlawful for any person to procure beer for any person under twenty one (21) years of age or for any person under twenty one (21) years of age to purchase, attempt to purchase or otherwise procure or to consume or to possess beer. This subsection does not apply to possession by a person under the age of twenty one (21) years making a delivery of beer pursuant to the order of his parents or pursuant to his employment, or when said person under the age of twenty one (21) years is in a private residence accompanied by his parent or guardian and with such parent's or guardian's consent.
(C) False Representation Of Age Prohibited: No person under the age twenty one (21) years shall by any means represent to any person licensed to sell beer at retail or to any agent or employee of such retail licensee, that he is twenty one (21) or more years of age for the purpose of inducing such retail licensee, his agent or employee, to sell, serve or dispense beer to him.
No person shall by any means represent to any such retail licensee, his agent or employee, that any other person is twenty one (21) or more years of age when in fact such other person is under the age of twenty one (21) years, for the purpose of inducing such retail licensee, his agent or employee, to sell, serve or dispense beer to such other person. (Ord. 2400, 1-4-1993)
3-7-10: DETERMINATION TO REVOKE, SUSPEND OR REFUSE REMOVAL OF LICENSE:
In the event of a conviction of any licensee under the provisions of this chapter, or any law of the state or of the United States, or any ordinance of the city regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors 1 , or if the city council shall determine that any such licensee has violated any of the provisions of this chapter or any of the regulations of the director of the department of law enforcement, state of Idaho or of the city council promulgated under the authority of the laws of the state or ordinances of the city, the council may, in its discretion, or in addition to any other penalty imposed, determine to revoke the license of any such licensee, to suspend the same for a period not in excess of six (6) months, or to refuse to grant a renewal of such license after the date of its expiration. (1958 Code, ch. VI, art. 15)
3-7-11: NOTICE OF COUNCIL DETERMINATION TO REVOKE:
When the city council shall make a determination to revoke, to suspend or to refuse grant of renewal of license by reason of a licensee's conviction or violation of any law or regulation referred to in section 3-7-10 of this chapter, the city council shall give the licensee involved written notice thereof, which shall be served upon such licensee personally, or by certified mail addressed to such licensee at the premises for which license was issued. If the council's determination is made upon the basis of the licensee's conviction, the notice shall refer to and identify the judgment of conviction, and when made upon any other basis said notice shall contain a statement of the acts with which the licensee is charged and upon which the council's determination is based, which statement shall be in ordinary and concise language so as to enable a person of common understanding to know what is intended, and, in the case of a determination to suspend license, the period of such suspension. In cases where the council has determined to revoke or suspend a license, revocation or suspension shall become effective fifteen (15) days after notice shall have been personally served on or mailed to such licensee, and the notice shall so state. In cases where the council has determined to refuse grant of renewal of license, notice thereof shall be served or mailed not less than fifteen (15) days before the date the license shall expire. (1958 Code, ch. VI, art. 15)
3-7-12: KEG BEER IN THE CITY PARKS:
The use of keg beer in city parks shall be on a permit basis only. Such permit may be issued upon the deposit of fifty dollars ($50.00). This deposit is refundable and shall be refunded unless it is determined by the superintendent of parks that city property was littered or damaged as a result of activity related to the keg beer, in which case the deposit shall be considered payment to the city for repairing and/or cleaning up the city property. It shall be unlawful for any person to possess or use keg beer in city parks without a permit. (Ord. 2074, 7-18-1983)
3-8-1: DEFINITIONS:
The following terms as used in this chapter are hereby defined as follows:
DIRECTOR: The director of the department of law enforcement of the state of Idaho.
PERSON: Includes an individual, firm, corporation, association, copartnership 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 issued by the city council, authorizing a person to sell wine within the city 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 fourteen percent (14%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar.
WINE BY THE DRINK LICENSE: A license to sell wine within the city by the individual glass or opened bottle at retail, for consumption on the premises only. (1958 Code, ch. VI, art. 21)
3-8-2: LICENSE REQUIRED:
It shall be unlawful for any person to sell wine at retail for consumption off the premises without first having issued to said person a "retail wine license" as herein provided. It shall be unlawful for any person to sell wine by the individual glass or opened bottle at retail for consumption on the premises without first having issued to said person a "wine by the drink license" as herein provided excepting for a person having a liquor by the drink license 1 . The license or licenses shall be at all times prominently displayed in the place of business of the licensee. A separate "retail wine license" and "wine by the drink license" shall be required for each premises, provided nothing shall prohibit a retailer or wine by the drink licensee from possessing licenses for more than one premises. (1958 Code, ch. VI, art. 21)
3-8-3: APPLICATION FOR LICENSE:
Application for retail wine license and wine by the drink license shall be in writing, signed and sworn to by the applicant upon application forms furnished by the city clerk. Such application shall be filed by the city clerk and presented to the mayor and council at the next meeting of the council for their approval, rejection or further consideration. (Ord. 2194, 12-15-1986)
3-8-4: QUALIFICATIONS:
The applicant for a retail wine license and wine by the drink license shall possess all the qualifications necessary to obtain a license from the director of the department 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. (1958 Code, ch. VI, art. 21)
3-8-5: LICENSE FEE:
The license fee imposed and collected shall be the sum of two hundred dollars ($200.00) per year for each retail wine license and the sum of two hundred dollars ($200.00) per year for each wine by the drink license. Such license year shall be from one minute after twelve o'clock (12:01) A.M. July 1 through June 30 of the following year; provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated on a quarterly basis. (Ord. 2708, 12-3-2001)
3-8-6: ISSUANCE OF LICENSE:
Upon filing the application for a license and production of evidence as required by section 3-8-4 of this chapter as to the qualifications of the applicant and by the payment of the required license fee, the city clerk shall, upon approval of the city council, issue to the applicant a license to sell wine at retail or wine by the drink, as the case may be, within the city for such calendar year or the remainder thereof. (Ord. 2194, 12-15-1986)
3-8-7: LICENSE RESTRICTIONS:
The assignment or transfer of a wine license shall be the same as provided by section 3-7-6 of this title for the assignment or transfer of a beer license. (1958 Code, ch. VI, art. 21)
3-8-8: CONSUMPTION ON PREMISES:
Retailers holding valid licenses for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, may sell wine for consumption on or off the licensed premises. Persons holding a valid wine by the drink license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor by the drink, or retailers who do not have a valid wine by the drink license, shall not permit consumption of wine on the licensed premises and may sell the wine only in its original unbroken container. Wine sold for consumption on the licensed premises may be sold only during hours that beer can be sold pursuant to the laws of this city 1 . 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 city 2 . (1958 Code, ch. VI, art. 21)
3-8-9: POSSESSION:
No person may, while operating or riding in or upon a motor vehicle upon a public highway in this city, have in his possession any wine in an open or unsealed container of any kind. (1958 Code, ch. VI, art. 21)
3-8-10: 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 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 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. (Ord. 2400, 1-4-1993)
3-8-11: REVOCATION OF LICENSE:
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, or for a violation of any of the provisions of this chapter, or 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; provided, that revocation or suspension of the state license by the director of the department of law enforcement shall be deemed prima facie evidence for revocation or suspension of the license issued herein. (1958 Code, ch. VI, art. 21)
3-9-1: INTENT OF CHAPTER:
This chapter shall be deemed an exercise of the police power of the city for the protection, health, welfare and safety of the people of the city, and for the purpose of promoting and encouraging temperance in the use of alcoholic beverages within the city. (1958 Code, ch. X, art. 2)
3-9-2: DEFINITIONS:
Except as otherwise provided by this chapter, all words and phrases shall be given the same interpretation as is provided by section 23-902, Idaho Code. (1958 Code, ch. X, art. 2)
3-9-3: LICENSED LIQUOR SALE:
It shall be lawful within the city to sell liquor by the drink, as provided in title 23, chapter 9, Idaho Code as amended; provided, that a license shall first be obtained as herein provided, and the rules and regulations and provisions concerning the license and operation of a place of business for the sale of liquor by the drink are adhered to as provided. (1958 Code, ch. X, art. 2)
3-9-4: PROCEDURE FOR PROCESSING AND ACTING ON APPLICATIONS FOR LIQUOR LICENSES, TRANSFERS AND RENEWALS; FEE:
Before there shall be a license for the sale of liquor by the drink issued by the city council, applications therefor by the proposed licensee must be filed with the city clerk, which application shall be verified by the affidavit of the person making the same, before a person authorized to administer oaths. Such application shall provide the name of the applicant, the location of the proposed business, and such other information to show the qualification of applicant for a license as hereinafter provided.
The city clerk shall forthwith cause a thorough investigation to be made of the applicant pertaining to the qualifications for a license and advise the city council of the application and investigation, and if the city council shall find that the applicant complies with all requirements of this chapter and that all qualifications and premises requirements are met, the city council shall issue a license to the applicant.
The city council shall grant or deny an application for a new license or request for transfer of a license within thirty (30) days of the time it is filed with the city clerk. The applicant shall provide to the city clerk a current copy of the county and state liquor by the drink license prior to issuance of the municipal license.
If the request is for a renewal of a license, the city clerk's office may forward a notice of a renewal date of the license to the applicant, informing the applicant that the license is due to be renewed, along with other relevant information. Upon the request of the applicant to renew the license and receipt of the license fee by the city clerk's office, the city clerk shall immediately forward the application to the city council. The city council shall either approve or disapprove the license in accordance with this chapter. If the city council approves the application for the renewal of a license, the license shall not be issued by the city clerk until the applicant shall provide to the city clerk a current copy of the county and state liquor by the drink license.
Every application, except a renewal application for the same premises, shall be accompanied by an application fee in the sum of fifty dollars ($50.00), which said fee shall be retained by the city for the investigation and expense for said license and shall not be returned to the applicant.
The applicant shall also pay to the city clerk the license fee hereinafter provided at the time of filing the application.
In addition to the requirements herein contained, the application must show the date of issuance and license number of a retail beer license issued for said premises by the city. (Ord. 2194, 12-15-1986)
3-9-5: QUALIFICATIONS:
The applicant for a liquor license shall possess all of the qualifications necessary to obtain a license from the director of the department 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 shall be prima facie evidence of the applicant's qualifications to receive a license hereunder. (Ord. 2540, 11-18-1996)
3-9-6: LICENSE FEE:
The license fee hereby imposed and required to be paid to the city clerk shall be a sum equal to the maximum liquor license fee allowed by state law per annum; provided, however, that the license fee for any license issued for only a portion of a year shall be prorated from the date that said licensee commences to operate to the end of the calendar year, but in no event for less than six (6) months. All licenses shall expire at one o'clock (1:00) A.M. on July 1 of the following year. No refund of license fee shall be allowed. Renewals may be granted upon application duly filed accompanied by a true copy of the application for the state license and the license issued by the state for the sale of liquor by the drink at retail if the record of applicant meets the requirements of this chapter and upon payment of the license fee for the ensuing year. Any operation under an expired license shall constitute a violation thereof.
In the event a licensee who has previously been issued a license on a prorated basis under the provisions hereof desires to have such license renewed for the same period for the next succeeding year, he shall file his intention to so apply for such license with the city clerk, accompanied by the required fee and other requirements for renewals herein provided, on or before June 30 of the year preceding. (Ord. 2708, 12-3-2001)
3-9-7: FORM OF LICENSE; AUTHORITY; LIMITATIONS:
Every license issued under the provisions of this chapter shall set forth the name of the person to whom issued, the location by street and number, or other definite designation of the premises. If issued to a partnership, the names of the persons constituting said partnership shall be set forth. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth. Such license shall be signed by the licensee. Every license issued under this chapter is separate and distinct and no person except the licensee therein named, except as herein provided otherwise, shall exercise any of the privileges granted thereunder. A license may be transferred to another licensee who shall meet all qualifications hereunder provided. To transfer said license to another person, partnership, corporation or association, the licensee shall file application therefor, which application shall contain the same requirements as provided in section 3-9-4 of this chapter and shall be accompanied by an application fee of fifty dollars ($50.00) and the city council shall make the same investigation and determination as in this chapter provided for any other licenses, and if all conditions required of a licensee under this chapter have been met by the proposed transferee, then consent to said transfer shall be endorsed upon said license by the city council, and the said transferee shall be entitled to the rights and privileges granted under this chapter for retail sale of liquor by the drink under said license transferred. In all other cases if licensee shall cease to properly supervise, control, conduct and operate said business described in said license, the same shall be terminated and no part of the fee paid therefor shall be refunded. (1958 Code, ch. X, art. 2)
3-9-8: UNLAWFUL PRACTICES:
(A) It shall be unlawful and punishable as herein provided for any person to sell, deliver or give away, or cause or permit to be sold, delivered or given away any liquor to:
1. Any person under the age of twenty one (21) years.
2. Any person actually, apparently or obviously intoxicated.
3. A habitual drunkard.
4. An interdicted person as defined by the laws of the state.
(B) Any person under the age of twenty one (21) years or other persons who, and any person who shall aid or abet such person to knowingly misrepresent his qualifications for the purpose of obtaining liquor from any licensee shall upon conviction thereof, be guilty of a misdemeanor.
(C) It shall be unlawful for any licensee to sell, keep for sale, dispense or give away or otherwise dispose of any liquor in the original container or otherwise than by retail sale by the drink.
(D) It shall be unlawful for any person to keep or maintain any room or premises in or upon which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought for consumption therein by the public or by members of any club, corporated or unincorporated, or a corporation or association unless such person and the premises are licensed under this chapter.
(E) It shall be unlawful for any licensee to sell, give away, vend or deliver any liquor in any way or manner or device except upon the licensed premises. (Ord. 2400, 1-4-1993)
3-9-9: CLOSING HOURS AND DAYS:
It shall be unlawful to sell, offer for sale, give away, consume or permit or allow to be consumed, any liquor upon any licensed premises during the following days and hours:
(A) Christmas from one o'clock (1:00) A.M. to ten o'clock (10:00) A.M. the following day.
(B) On any other day between one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. (Ord. 3110, 12-14-2015)
3-9-10: PREMISES REQUIREMENTS:
Every licensee must conform to all regulations and laws of the state of Idaho and the provisions of this chapter relating to the sale of liquor by the drink. Liquor by the drink shall not be sold by any person except the one duly licensed. All premises shall be subject to periodic sanitary inspection. The general lighting of the interior of every premises shall be a minimum of five (5) foot-candles. The principal entrance to every room within which liquor by the drink is sold or served shall have an area of at least one foot (1') square with a minimum of twelve inches (12") in any direction at approximately eye level through which an unobstructed view of the interior may be had. All entrances shall be located on the street side excepting for emergency and service entrances. No gambling devices shall be maintained thereon. Every premises shall be maintained and controlled by the licensee so that the provisions contained in sections 6-2-3 and 6-2-13 of this code shall not be violated. (1958 Code ch. X art. 2)
3-9-11: POLICE ACCESS TO PREMISES:
The police officers, health officers and city officials of the city and their duly appointed deputies or assistants shall have the right at any time to enter in and upon any licensed premises for the purpose of police control, regulation and inspection. (Ord. 2194, 12-15-1986)
3-9-12: RIGHT OF REVOCATION:
The city council shall have the right to revoke the license of any person for any violation by the licensee or any employee of said licensee of any provisions of this chapter or for any violation of the laws of the state of Idaho as contained in title 23, Idaho Code, and any amendments thereto, or if said licensee shall fail to maintain any of the qualifications for a license or obtains any of the disqualifications herein provided at any time during the license period, and upon any written or oral complaint the city council shall cause notice to be served personally or by mail upon said licensee or by leaving said notice with an adult person employed or apparently employed in the premises, requiring said licensee to appear before said board to be heard upon said complaint and if it shall appear at said hearing that cause exists and there has been a violation by the licensee or any employee of said licensee, of any provisions of this chapter and any amendments thereto or said licensee has failed to maintain any of the qualifications for a license or has obtained any of the disqualifications, said license shall be revoked without further process of law, and no refund of any unused portion of the license fee shall be made. Any revocation by the state of Idaho of the state license for retail sale of liquor by the drink shall automatically revoke the city license. (1958 Code ch. X art. 2)
3-10-1: PURPOSE:
It is the intent of the city council to regulate taxicabs within the city of Twin Falls to promote safety, reliability and cost effectiveness of taxicab services, as well as preserve and enhance access to these important transportation options for residents and visitors. (Ord. 2017-008, 2-13-2017)
3-10-2: DEFINITION:
"Taxicabs or motor vehicles used for hire", for the purposes of this chapter, shall be defined to be any vehicle used for transporting passengers for hire within the corporate limits of the city. (Ord. 2017-008, 2-13-2017)
3-10-3: AGENT:
All owners of taxicabs must maintain an agent for service of process in the state of Idaho. (Ord. 2017-008, 2-13-2017)
3-10-4: FARE CHARGED FOR SERVICES:
A taxicab operator shall disclose to passengers the fare calculation, and the option to receive an estimated fare before the passenger enters the taxicab. (Ord. 2017-008, 2-13-2017)
3-10-5: TAXICAB COMPANY AND DRIVER INSURANCE REQUIREMENTS:
Taxicab owners and their drivers shall comply with all applicable requirements for insurance imposed by Idaho statutes pertaining to automobile liability insurance. (Ord. 2017-008, 2-13-2017)
3-10-6: ZERO TOLERANCE FOR DRUG OR ALCOHOL USE:
(A) The owner of the taxicab shall implement a zero tolerance policy on the illegal use of drugs or the use of alcohol while a driver is providing services, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(B) Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the taxicab owner shall immediately suspend such driver, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(C) The taxicab owner shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger complaint is received. (Ord. 2017-008, 2-13-2017)
3-10-7: TAXICAB DRIVER REQUIREMENTS:
(A) Prior to permitting an individual to act as a taxicab driver on its digital platform, the owner shall:
1. Require the individual to submit an application to the owner, which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the owner;
2. Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(a) Multistate/multijurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(b) National sex offender registry database;
3. Obtain and review a driving history research report for such individual.
(B) The owner shall not permit an individual to act as a driver who:
1. Has had more than three (3) moving violations in the prior three (3) year period, or one major violation in the prior three (3) year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license);
2. Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror;
3. Is a match in the national sex offender registry database;
4. Does not possess a valid driver's license;
5. Does not possess proof of registration for the motor vehicle(s) used to provide TNC services;
6. Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC services; or
7. Is not at least nineteen (19) years of age. (Ord. 2017-008, 2-13-2017)
3-10-8: NO DISCRIMINATION; ACCESSIBILITY:
(A) The owner shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify drivers of such policy;
(B) Drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers;
(C) Drivers shall comply with all applicable laws relating to accommodation of service animals;
(D) Taxicabs shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities; and
(E) Taxicabs shall provide passengers an opportunity to indicate whether they require a wheelchair accessible vehicle. If a taxicab cannot arrange wheelchair accessible service in any instance, it shall direct the passenger to an alternate provider of wheelchair accessible service, if available. (Ord. 2017-008, 2-13-2017)
3-10-9: RECORDS:
Owners of taxicabs shall maintain:
(A) Individual trip records for at least two (2) years from the date each trip was provided; and
(B) Driver records at least until the one year anniversary of the date on which a taxicab driver's employment has ended. (Ord. 2017-008, 2-13-2017)
3-11-1: DEFINITIONS:
SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
SOUND TRUCK: Any motor vehicle, or other vehicle having mounted thereon, or attached thereto, any sound amplifying equipment. (1958 Code ch. VI art. 17)
3-11-2: REGISTRATION REQUIRED:
No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation in the city before filing a registration statement with the city clerk in writing, in duplicate, which shall state the following:
(A) Name and home address of the applicant;
(B) Address of place of business of applicant;
(C) License number and motor number of the sound truck to be used by applicant;
(D) Name and address of person who owns the sound truck;
(E) Name and address of person having direct charge of sound truck;
(F) Names and addresses of all persons who will use or operate the sound truck;
(G) The purpose for which the sound truck will be used;
(H) A general statement as to the section or sections of the city in which the sound truck will be used;
(I) The proposed hours of operation of the sound truck;
(J) The number of days of proposed operation of the sound truck;
(K) A general description of the sound amplifying equipment to be used in or on the sound truck. State the following:
1. The wattage to be used.
2. The volume in decibels of the sound which will be produced.
3. The approximate maximum distance for which sound will be thrown from the sound truck. (1958 Code ch. VI art. 17)
3-11-3: REGISTRATION AND IDENTIFICATION:
The city clerk shall return to each applicant under section 3-11-2 of this chapter, one copy of the registration statement duly certified by the city clerk as a correct copy of the application. The certified copy of the application shall be in the possession of any persons operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation and the copy shall be promptly displayed and shown to any policeman of the city upon request. (Ord. 2197, 3-16-1987)
3-11-4: REGULATIONS FOR USE:
Use of sound trucks in the city with sound amplifying equipment in operation shall be subject to the following regulations:
(A) The only sounds permitted are music or human speech.
(B) Operations are permitted for four (4) hours each day, except Sundays and legal holidays when no operations shall be authorized. The permitted four (4) hours of operation shall be between the hours of eleven thirty o'clock (11:30) A.M. and one thirty o'clock (1:30) P.M., and between the hours of four thirty o'clock (4:30) P.M. and six thirty o'clock (6:30) P.M.
(C) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten (10) miles per hour except when said truck is stopped or impeded by traffic.
(D) Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches or courthouses.
(E) No sound truck with its amplifying device in operation shall be operated in the city except in the business and industrial districts as defined by the zoning ordinance 1 .
(F) The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(G) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet (100') from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (1958 Code ch. VI art. 17)
3-11-5: LICENSE REQUIRED; APPLICATION; ISSUANCE:
No person shall operate or cause to be operated any sound truck in the city for advertising purposes with sound amplifying equipment in operation unless a license has been obtained from the city clerk. The fee for the license shall be five dollars ($5.00) per month or five dollars ($5.00) for a fraction of a month or twenty dollars ($20.00) per year if for more than a month.
Persons applying for such license shall file with the city clerk an application in writing setting forth in the application the information required in the registration statement pursuant to section 3-11-2 of this chapter.
If the city clerk determines that the applicant complies with the requirements of this section, the application for the license shall be approved. (Ord. 2197, 3-16-1987)
3-11-6: APPEAL OF CITY CLERK'S DECISION:
If the applicant is aggrieved by the decision of the city clerk, the applicant may appeal such decision to the city council within seven (7) days of notice of the decision of the city clerk. The applicant must, in writing, appeal to the city council and set forth the reasons therefor why the applicant should not be denied a license. The city council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the city council shall be final. (Ord. 2197, 3-16-1987)
3-11-7: REVOCATION OF LICENSE:
The city council may revoke any license issued under this chapter for violation of any of the provisions of this code or ordinance of the city or laws of the state of Idaho. Prior to revocation by the city council, the city clerk or city council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-1987)
3-14-1: DEFINITIONS:
PEDDLER: Any person, whether a resident of the City or not, traveling by foot, motor vehicle or any other type of conveyance, however propelled, drawn, pushed or moved, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place shall sell or offer the same for sale from a wagon, vehicle, railroad car, or any other type of conveyance. The word "peddler" shall include the words "hauler" and "hucksters".
SOLICITOR OR CANVASSER: Any person, whether a resident of the City or not, traveling either by foot, motor vehicle or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take, in person, orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether he is collecting advance payments on such sales or not. Such definitions shall include any person who, for himself, or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: For the purpose of this Chapter a "transient merchant, itinerant merchant or itinerant vendor" is defined as any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City and who, in furtherance of such purpose, hires, leases, uses or occupies any public or private place, building, motor vehicle, tent, railroad boxcar, public room in a hotel, lodging house, apartment, shop or any street or other place within the City for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
A "temporary business" is one which is expected to be in operation for six (6) months or less within the City. This definition shall not include nor be construed to include:
(A) Public or private auction for the disposal by an established business of its assets or an individual for items of personal and household use.
(B) Any person, partnership or corporation selling or dealing only with retail merchants within the City, and being exclusively wholesale sellers and dealers.
(C) Any religious or charitable corporation or organization engaging in any one or more of the above activities for strictly nonprofit purposes.
(D) Any arts or crafts shows or fairs where the items for sale are exhibited by the person producing the items; and, the exhibitor was invited by the sponsoring party; the names of participants are accumulated by the sponsoring party to be made available to the City Council or Clerk.
(E) Any sales pursuant to court order.
(F) The sale of farm or garden products by the persons producing such products.
(G) The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper.
(H) Political groups seeking funds or memberships.
(I) Sales of Christmas trees and wreaths.
The person, partnership or corporation so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
Any person, partnership or corporation wishing to engage in any one or more of the activities described above, and not specifically excluded from the definition of the itinerant merchant, peddler, or solicitor as set forth above, may petition the City Council and upon good cause shown, the City Council may exempt the person, partnership or corporation from application of this Chapter.
Notwithstanding the foregoing, any person or business intending to conduct business continuously for at least one year in the City, or having conducted business in the City continuously for the previous year, and can provide proof by way of a written lease, contract or other proof satisfactory to the City Clerk, shall be exempt from the application of this Chapter. (Ord. 2431, 12-6-1993; amd. Ord. 2645, 2-28-2000)
3-14-2: LICENSE REQUIRED:
It shall be unlawful for a transient merchant, itinerant merchant, itinerant vendor, peddler or solicitor, as defined in Section 3-14-1 of this Chapter, to engage in such business within the City without first obtaining a license therefor in compliance with the provisions of this Chapter. (Ord. 2197, 3-16-1987)
3-14-3: APPLICATION:
Application for license under this Chapter, whether a person, firm or corporation, shall be made by filing with the City Clerk a written, sworn application signed by the applicant, if an individual, by all partners if a partnership, and the president if a corporation, showing:
(A) The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act; (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.
(B) Idaho State sales tax license number and, if applicable, Idaho corporation license number.
(C) The place or places in the City where it is proposed the goods or property is to be sold, or orders taken for the sale of such goods or property, the place where such goods are manufactured or produced, where such goods are located at the time the application is filed, the proposed method of delivery, and the length of time during which it is proposed that the business shall be conducted, together with written permission of the property owner, agent or employee.
(D) The place or places other than the permanent place of business of the applicant within six (6) months next preceding the date of the application conducting the transient business, stating the nature thereof and giving the post office and street address of the location thereof.
(E) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the city.
(F) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers.
(G) Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of any crime, misdemeanor or felony, and the place where the conviction occurred, including a statement as to the nature of the offense, the date, the penalty and punishment assessed for the crime. (Ord. 2197, 3-16-1987)
(H) A two inch by two inch (2" x 2") photograph showing the head and shoulders in a clear and distinguishable manner of the applicant and the person selling, delivering, conveying, carrying, transporting goods, wares, merchandise, food or like merchandise of the applicant or offering to perform services in the present or future for applicant. (Ord. 2203, 6-1-1987)
(I) When the applicant proposes to peddle any food or product for human consumption, a certification by the South Central health district shall be required prior to issuance of a license.
(J) Such other reasonable information as the city clerk may deem proper to fulfill the purpose of this chapter in the protection of the public good.
The city clerk shall prepare a suitable application in compliance with this chapter. (Ord. 2197, 3-16-1987)
3-14-4: INVESTIGATION AND ISSUANCE; CONTENTS OF LICENSE:
(A) Investigation And Issuance: Upon receipt of an application for any license under this chapter, the application shall be referred to the Twin Falls police department which shall conduct an investigation to determine the suitability of the applicant to be licensed. The investigation shall require an applicant to 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 67-3008 and public law 92-544 (28 CFR part 20). The Twin Falls police department shall 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 shall be on forms prescribed by the Idaho state police. The Twin Falls police department 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 an applicant for licensure. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. The applicant shall pay, in advance, the fees required by the Idaho state police bureau of criminal identification for the criminal records check.
As a result of the investigation, if the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the city clerk shall so certify in writing and license shall be issued if all of the requirements of this chapter have been met.
(B) Record: The city clerk shall keep a full record in his office of all licenses issued, and each such license shall contain the number of the license, the date the same was issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, and the place where such business may be carried on under said license, the name or names of the person or persons authorized to carry on the same. (Ord. 2016-6, 4-18-2016)
3-14-5: SERVICE OF PROCESS:
Before any license herein provided for shall be issued for engaging in the business of an itinerant merchant, as herein defined, such applicant shall file with the city clerk an instrument nominating and appointing the city clerk his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent. Said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the license under this chapter, according to the law of this or any other state, and waiving any claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service or process upon the city clerk, as herein provided, the city clerk shall send to the licensee at his last known address, by registered mail, a copy of said process. (Ord. 1945, 8-20-1979)
3-14-6: FEES, TERMS OF LICENSE:
The license fee for any peddler, solicitor, canvasser, transient, itinerant merchant or vendor shall be twenty five dollars ($25.00), payable in advance. This license shall be valid for three (3) months and renewable once for an additional three (3) months for an additional fee of twenty five dollars ($25.00). Upon the expiration of the initial license or renewed license, a licensee shall not be eligible to apply for a new license for a period of six (6) months. (Ord. 2016-6, 4-18-2016)
3-14-7: BOND REQUIREMENT:
Before any license as provided herein shall be issued for engaging in the business of "transient merchant, itinerant merchant or itinerant vendor", "peddler", "solicitor or canvasser", as defined in this chapter, each applicant shall file with the city clerk a surety bond or a cashier's check in the amount of five hundred dollars ($500.00). The bond is to be conditioned upon saving the city harmless from any and all liabilities or causes of action or expenses arising due to any claims which might arise by virtue of a grant of a license to applicant and conditioned further that no dirt, paper, litter or other debris will be permitted to remain upon the streets or upon any private property. Every business firm, company or corporation, which has one or more employees or agents acting in the capacity of peddler, solicitor, canvasser or transient merchant, shall file with the city clerk a surety bond covering all such employees or agents and running to the city or a cashier's check in the amount of five hundred dollars ($500.00) for each employee and/or agent.
Every bond for those engaging in a business as a "peddler", "solicitor or canvasser", or transient merchant as defined in this chapter shall be executed by the applicant as a principal and at least one surety upon which service of process may be made in the state of Idaho, said bond to be approved by the city attorney, conditioned that the said applicant and all of the applicant's agents and employees, shall comply fully with all of the provisions of this chapter.
Based upon written justification and letters of reference from local citizens, local business firms, local companies or local corporations, or being licensed for one year, the above bonding requirements may be waived when specifically approved by the city council.
Action on the surety bond or cashier's check may be brought directly by any person damaged by a licensee's violation of any provision of this chapter.
After expiration of a license, the city clerk shall, upon application of the licensee, return the bond or cashier's check within six (6) months after receipt of application for return, unless the city clerk has been notified of the pendency of any claim or cause of action by any person upon the bond or cashier's check or that any of the provisions of this chapter have not been complied with. (Ord. 2203, 6-1-1987)
3-14-8: EXHIBITION OF LICENSE:
The license issued under this chapter shall be conspicuously posted at the place of business named therein or exhibited in a conspicuous place if applicant is using a motor vehicle and otherwise kept by applicant and exhibited upon request by a police officer or citizen. In the event that the applicant shall desire to do business in more than one place within the city, separate licenses may be issued for each place of business and shall be conspicuously posted in each place of business. (Ord. 2197, 3-16-1987)
3-14-9: DUTY OF POLICE TO ENFORCE:
It shall be the duty of the police officers of the city to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 1945, 8-20-1979)
3-14-10: RECORDS KEPT:
The city clerk shall deposit a copy of the license with the chief of police who shall report to the clerk any complaints against any person licensed under the provisions of this chapter and any conviction for violation of this chapter; the city clerk shall keep a record of all such licenses and such complaints and violations. (Ord. 1945, 8-20-1979)
3-14-11: LETTING OF PRIVATE PROPERTY RESTRICTED:
No property owner, nor his agent or employee, shall sublet, lease, sublease or otherwise permit his property, or property of which he is in charge, to be used by an itinerant merchant or itinerant vendor, as herein defined, unless specifically excluded from application of this chapter or unless the itinerant vendor or itinerant merchant has obtained a license as provided herein. (Ord. 1945, 8-20-1979)
3-14-12: UNLAWFUL CONDUCT:
No licensee hereunder shall:
(A) Make physical contact with the person being solicited unless that person's permission is obtained;
(B) Misrepresent the purpose of the solicitation;
(C) Misrepresent the affiliation of those engaged in the solicitation;
(D) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;
(E) Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;
(F) Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or other words to such effect;
(G) Knowingly make any false statement on an application for a license hereunder;
(H) Fraud, misrepresentation or false statement made in the course of carrying on the business. (Ord. 2197, 3-16-1987)
3-14-13: APPEAL OF CITY CLERK'S DECISION:
If the applicant is aggrieved by the decision of the city clerk, the applicant may appeal such decision to the city council within seven (7) days of notice of the decision of the city clerk. The applicant must, in writing, appeal to the city council and set forth the reasons therefor why the applicant should not be denied a license. The city council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the city council shall be final. (Ord. 2197, 3-16-1987)
3-14-14: REVOCATION OF LICENSE:
The permits and licenses issued pursuant to this chapter may be revoked by the mayor, after notice and hearing, for any of the following causes:
(A) Any fraud, misrepresentation or false statement contained in the application for license;
(B) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
(C) Any violation of this chapter;
(D) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
(E) Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
The city council may revoke any license issued under this chapter for violation of any of the provisions of this code or ordinance of the city or laws of the state of Idaho. Prior to revocation by the city council, the city clerk or city council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-1987)
3-14-15: PENALTY:
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code. (Ord. 2132, 12-17-1984)
3-15-1: DEFINITIONS:
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
APPLICANT: The person making application for a license or the renewal of a license for:
(A) Private security service; or
(B) Private security officer.
PERSON: Any individual, firm, copartnership, corporation, company, association or joint stock association.
PRIVATE SECURITY OFFICER: Any person employed by a private security service, or who performs individually the functions of a private security officer or private security service.
PRIVATE SECURITY SERVICE: Any service which purports to furnish, or does furnish, for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the city, or to guard or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain peace and order at any public function, or any other place of public business, amusement or entertainment open to and frequented by the general public. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-2: LICENSES REQUIRED AND EXEMPTIONS:
(A) It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation, maintenance or monitoring of, a private security service or private security officer, unless a valid license therefor has been issued as provided for in this chapter and which is in full force and effect.
(B) It shall be unlawful for any person to act or to offer to act as a private security officer within the city unless a valid license therefor has been issued as provided for in this chapter and which is in full force and effect.
(C) It shall be unlawful for any private security service to employ or hire the services of a private security officer until and unless said private security officer has been duly licensed as required by this chapter.
(D) This chapter shall not apply to or include: regularly appointed police officers of Twin Falls city or to any regularly appointed police officer or law enforcement agent of the United States and of this state, or any political subdivision thereof while acting as their agent, or persons who are directly employed by a business, other than a private security service, and who perform the functions of a "security officer" or "loss prevention officer" solely on the premises of their employer.
(E) Any owner/operator of a validly licensed private security service may act as a private security officer for their private security service without additional bond or fee and be issued a license accordingly. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-3: UNIFORMS AND EMBLEMS:
(A) Uniform And Identification Required: It is unlawful for any private security service, or for any private security officer, to omit the use of a uniform with insignia, badge, or identification emblem which has stitched, printed, or screen printed thereon words such as "private security", "security", "security officer", or other title indicia of security services to be affixed upon the uniform or clothing worn when engaged in the performance of private security service duties.
(B) Uniform Distinct From City Police Uniform: It shall be unlawful for any private security service, or for any private security officer, to use or authorize the use of any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape making any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the Twin Falls city police department.
(C) Approval Of Uniforms And Emblems: Every private security service and every private security officer who performs individually the functions of a private security service, prior to being licensed under this chapter, shall obtain approval and authorization of any color, design or shape of any uniform, clothing, uniform emblems, badges and/or shoulder patches to be utilized by such licensee.
Application for such approval shall be made to the chief of police, or his/her designee. Approval and authorization, if any, shall be made by that officer in writing, in accordance with guidelines issued by the Twin Falls city police department. The written approval and authorization shall be attached to the application for license and shall describe the color, design and shape of the uniform, patches, badges and/or emblems, as the case may be.
(D) Photographs: Every private security service, and every private security officer who individually performs the functions of a private security service, prior to being licensed under this chapter, shall submit color photographs of a size no less than three and one-half inches by three and one-half inches (31/2" x 31/2") depicting the following:
1. A full figure view showing:
(a) The entire uniform, front side facing without coat to depict badge, emblem, or other identifying insignia worn.
(b) The entire uniform, left side or right side facing without coat to depict shoulder patches or other identifying insignia worn.
2. If a coat or other outer garment is to be worn at any time:
(a) The entire uniform, front side facing with coat or garment to depict badge, emblem, or other identifying insignia worn.
(b) The entire uniform, left side or right side facing with coat or garment to depict shoulder patches or other identifying insignia worn.
3. A close up view of each and every badge, patch, or emblem to be worn by a private security officer, of sufficient clarity and detail to permit reading all wording on the badge, patch, or emblem from the photograph.
These photographs shall be filed with the application.
(E) Frequency Of Approval: Approval and authorization of uniform clothing, uniform emblems, badges, and/or patches shall be obtained from the chief of police, or his/her designee, before the addition, deletion, or change of any previously approved and authorized item, or every three (3) years whichever comes first.
(F) Grandfather Rights: Every private security service, and every private security officer, licensed and operating within the corporate city limits of Twin Falls as of December 31, 2007, shall be granted grandfather rights in the use of only the uniform, patches, badge, and emblems approved for each company as of that date, and allowed until June 1, 2008, to meet the guidelines set forth by the Twin Falls city police department.
(G) Uniform Requirement Exemption: Any private security service, and every private security officer, licensed and operating within the city limits of Twin Falls engaged in a covert or "undercover" private security service in which the use of a uniform would compromise the operations thereof shall be provided an exemption from the uniform requirement provided the following provisions are satisfied:
1. All covert or undercover operations shall be reported to the Twin Falls police department prior to engagement in such operations.
2. The report shall include the date(s), location, and hours of such operation and the names of such private security service personnel, or private security officer(s), to be engaged in such activity.
3. Private security service personnel, or any private security officer, engaged in a covert or undercover operation shall have identification in his/her possession at all times while engaged in such operation and shall, upon demand, surrender the identification into the hands of a peace officer for inspection. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-4: VEHICLE IDENTIFICATION:
(A) Vehicle Identification Required: It is unlawful for any private security service and every private security officer utilizing a vehicle in the performance of such duties to omit the use of an insignia, label, emblem, or placard displaying thereon the words "private security", "security", "security officer", or other title indicia of security services. Such insignia shall be displayed horizontally, in a minimum font of four inches (4"), of a reflective material, upon the right, left, and rear side of such vehicle.
(B) Vehicle Distinct From City Police Vehicles: It shall be unlawful for any private security service, or for any private security officer, to use or authorize the use of:
1. Any vehicle having a painted design, insignia, label, emblem, or placard making any of them individually, or some or all of them in the aggregate, appear indistinguishable from any vehicle painted design, insignia, label, emblem, or placard of the Twin Falls city police department.
(C) Vehicle Approval: Every private security service, or every private security officer, prior to being licensed, shall obtain approval and authorization of any paint design, insignia, label, emblem, or placard to be utilized by such licensee. Application for such approval shall be made to the chief of police, or his/her designee. Approval and authorization, if any, shall be made by that officer in writing, in accordance with guidelines issued by the Twin Falls city police department. The written approval and authorization shall be attached to the application for license and shall describe the paint design, insignia, label, emblem, or placard, as the case may be.
(D) Photographs: Every private security service, and every private security officer who individually performs the functions of a private security service, prior to being licensed under this chapter, shall submit color photographs of a size no less than three and one-half inches by three and one-half inches (31/2" x 31/2") depicting the following:
1. A full figure view showing:
(a) The entire vehicle, left side, or right side facing.
(b) The entire vehicle, rear side facing.
2. A close up view of each and every insignia, label, emblem, or placard to be utilized by a private security service, or private security officer, of sufficient clarity and detail to permit reading of all wording on the insignia, label, emblem, or placard from the photograph.
These photographs shall be filed with the application.
(E) Frequency Of Approval: Approval and authorization of any painted design, insignia, label, emblem, or placard shall be obtained from the chief of police, or his/her designee, before the addition, deletion, or change of any previously approved and authorized design or insignia, or every three (3) years, whichever comes first.
(F) Grandfather Rights: Every private security service, and every private security officer, licensed and operating within the corporate city limits of Twin Falls city as of December 31, 2007, shall be granted grandfather rights, in the use of only the paint design, insignia, label, emblem, or placard approved for each company as of that date, and allowed until June 1, 2008, to meet the guidelines set forth by the Twin Falls city police department.
(G) Vehicle Identification Exemption: Any private security service, and every private security officer, licensed and operating within the city limits of Twin Falls engaged in covert or "undercover" private security services in which the use of "marked", labeled, or placarded vehicle would compromise the operations thereof shall be provided an exemption from the vehicle identification requirement provided the following provisions are satisfied:
1. All covert or undercover operations shall be reported to the Twin Falls police department prior to engagement in such operations.
2. The report shall include the date(s), location, and hours of such operation, vehicle make, model, color, and license plate number, and the names of such private security service personnel, or private security officer(s), to be engaged in such activity.
3. Private security service personnel, or any private security officer, engaged in a covert, or undercover operation shall have identification in his/her possession at all times while engaged in such operation and shall, upon demand, surrender the identification into the hands of a peace officer for inspection. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-5: APPLICATION FOR LICENSE:
An application for a license, whether for private security service or private security officer, shall be made to the chief of police, or his/her designee. Applications for such licenses may be made by mail. At the time of filing an application, a nonrefundable application fee of twenty five dollars ($25.00) shall be paid to the city of Twin Falls. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-6: QUALIFICATIONS:
No person shall be issued a license who:
(A) Is not over eighteen (18) years of age.
(B) Has been convicted in any jurisdiction of a felony offense, or equivalent offense, for which the tenth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.
(C) Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, or completed any sentence of confinement for a misdemeanor offense, or equivalent offense, involving theft or dishonesty, for which the fifth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.
(D) Has any outstanding warrants issued for their arrest.
(E) Is required by law to register as a sexual offender.
(F) Has been found by a court to be incompetent by reason of mental defect or disease and has not been restored to competency. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-7: INVESTIGATION:
The chief of police, or his/her designee, shall examine all applications and shall make, or cause to be made, such further investigation of the application and the applicant as it shall deem necessary. An applicant who was not licensed by this chapter for the year immediately preceding the current application shall be required to be fingerprinted and photographed by the Twin Falls police department, or an appropriate agency designated by the chief of police, or his/her designee. Cost of taking and processing such fingerprints and photographs shall be borne by the applicant. The chief of police, or his/her designee, is authorized to perform or request criminal history checks of any applicant, including a national background check by the federal bureau of investigation. Pursuant to Idaho Code section 67-3008, the chief of police, or his/her designee, may forward an applicant's fingerprints through the Idaho department of law enforcement to the federal bureau of investigation identification division for a national background check. Unless otherwise provided for by law, criminal history records shall not be disseminated to a private entity. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-8: STANDARDS:
(A) The chief of police, or his/her designee, shall approve the issuance of a license whenever the chief of police finds that the applicant has complied with the provisions of this chapter and is otherwise qualified. In the event an application is denied, the chief of police, or his/her designee, shall notify the applicant in writing, specifying the reason(s) said application is denied.
(B) A provisional license may be issued for a period not to exceed sixty (60) days pending completion of the required investigation.
(C) Denial of license may be appealed to the city council provided the request for appeal is made, in writing, to the chief of police within sixty (60) days of denial. The chief of police, or his/her designee, shall submit a staff report requesting the appeal be placed upon the city council agenda and shall notify the applicant of the date and time the appeal is to be heard. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-9: INSURANCE REQUIRED:
Before any license shall be issued to any applicant:
The applicant shall carry general and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights. The minimum limits for such insurance shall be two hundred fifty thousand dollars ($250,000.00) per incident or occurrence. Said policy shall be issued by an insurance carrier duly authorized to do business in the state of Idaho, and a current certificate of insurance shall accompany each application. (Ord. 3071, 5-27-2014)
3-15-10: LICENSE FEES:
The licensing officer, or his/her designee, shall collect, before the acceptance of an application for a private security service, or private security officer, the annual license fee of fifty dollars ($50.00). The license fee shall be refunded to the applicant if no license is issued. The license fee shall not be refunded upon the revocation of any issued license. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-11: LICENSE EXPIRATION:
Licenses issued under the provisions of this chapter shall expire on the issuance date of the following year. Any person holding a license under the provisions of this chapter must renew such license for the following succeeding year by making payment to the city of Twin Falls for the license fees required by this chapter on or before the expiration date. (Ord. 3011, 9-19-2011)
3-15-12: LICENSE FORM:
The license for a private security service shall be in the form of a certificate. The license shall bear the private security service name and numerals designating the year in which such license is in force and effect. Any loss, theft, or damage of any license shall be reported immediately to the chief of police, or his/her designee.
The license for a private security officer shall be in the form of an identification card which shall contain the words "Private Security Officer" and shall also bear personal identifying information, a photograph of the license holder, and numerals designating the year in which such license is in force and effect. Any loss, theft, or damage of any license shall be reported immediately to the chief of police, or his/her designee. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-13: LICENSE REVOCATION:
Any license issued under this chapter may be revoked by the chief of police, or his/her designee, for any of the following reasons:
(A) A violation of any provision of this chapter.
(B) Failure to maintain compliance with the qualifications for license.
(C) Obtaining the license under any false or fraudulent pretense or statement.
(D) Cancellation or termination of the bond or insurance required by this chapter, unless the licensee posts a new comparable bond or obtains comparable insurance and files a certificate of such insurance with the chief of police, or his/her designee, prior to the original bond or insurance being canceled or terminated.
Revocation of license may be appealed to the city council provided the request for appeal is made, in writing, to the chief of police within sixty (60) days of revocation. Upon receipt of written request for appeal, the chief of police, or his/her designee, shall submit a staff report requesting the appeal be placed upon the council agenda and shall notify the applicant of the date and time appeal is to be heard. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-14: SURRENDER AND RETURN OF LICENSE:
(A) Upon cancellation or revocation of a license, the chief of police, or his/her designee, shall require that the license be surrendered to and be retained by the Twin Falls city police department.
(B) If any person shall fail to return to the chief of police, or his/her designee, the license as required, the department may direct any peace officer to secure its possession and return the license to the chief of police, or his/her designee. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-15: DISPLAY OF LICENSE:
Every private security officer shall have his/her license in his/her immediate possession at all times when acting in the capacity of a private security officer and shall, upon demand, surrender the license into the hands of a peace officer for inspection. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-16: UNLAWFUL DISPLAY OF LICENSE AND PROHIBITED CONDUCT:
(A) It shall be unlawful for any person to wear or display any license required or provided for by this chapter unless such person is duly licensed therefor.
(B) It shall be unlawful for any person or license holder:
1. To display or cause or permit to be displayed or possess any mutilated or illegible, canceled, revoked, disqualified, fictitious or fraudulently altered license;
2. To lend a license to any other person or knowingly permit the use of a license by another;
3. To display or represent as one's own a license not issued to him/her;
4. To fail or refuse to surrender to the chief of police, or his/her designee, upon his/her lawful demand, any license which has been revoked, disqualified or canceled;
5. To use a false or fictitious name in any application for a license, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application;
6. To permit any unlawful use of an issued license;
7. To manufacture, produce, sell, offer for sale or transfer to another person any document purporting to be a license;
8. Use a title, an insignia, a security license, or identification card, or wear a uniform, or make a statement with the intent to give an impression that the person is connected with the federal government, a state government, or a political subdivision of a state government, employed by the city of Twin Falls; or
9. Use a title, an insignia, a security license, or identification card or wear a uniform containing the designation "police".
Subsection (B)9 of this section does not prohibit private security officers, private security services, or other persons employed by the federal government, a state government, or a political subdivision thereof from using a title, insignia, license, or identification card, wearing a uniform, or making a statement indicating the employment of that individual by such entity. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-17: AUTHORITY:
The granting or issuance of any license under the provisions of this chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the statutes of the state and the provisions of this code, nor shall the provisions of this chapter be construed in any manner as authority or power to carry weapons contradictory to the statutes of the state. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-15-18: PENALTIES:
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and shall be assessed a fixed penalty of one hundred dollars ($100.00) excluding court costs and fees. A second and any subsequent conviction for a violation of the provisions of this chapter within five (5) years shall constitute a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 2924, 12-17-2007, eff. 1-1-2008)
3-16-1: DEFINITIONS:
For the purposes of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
APPLICANT: A person making application for a license or the renewal thereof.
COUNCIL: The City Council of Twin Falls.
FIRE AND OTHER ALTERED GOODS SALES: A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other like causes or means.
GOING-OUT-OF-BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand the business will cease and be discontinued, such sale including but not limited to the following kinds of sales: adjuster's; adjustment; alteration; administrator's; assignee's; bankruptcy; benefit of administrator or executor; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditors; end; executor; final days; force out; forced out of business; insolvence; insurance; last days; lease expires; liquidation; loss of lease; mortgage; receivers; trustees; and quitting business.
GOODS: Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
REMOVAL OF BUSINESS or CLOSING-OUT SALE: A sale held in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City or will then continue business from other existing locations in the City; provided, however, that the sale closing out of a line or type of goods not resulting in the cessation of the entire business shall not be deemed a removal of business or closing out sale.
3-16-2: LICENSE REQUIRED:
Except as to sales under judicial process and prior to obtaining a license to hold or conduct a sale pursuant to the provisions of this Chapter, it shall be unlawful for any person to sell or offer to sell any goods at a sale to be advertised or held out by any means constituting any one of the following kinds:
(A) Fire, distress and other altered stock sale;
(B) Going-out-of-business sale; and
(C) Removal of business or closing out sale. (Ord. 2197, 3-16-87)
3-16-3: APPLICATION OF REGULATIONS:
Except as to an application for a fire and other altered goods sale made within thirty (30) days from the date such goods were damaged by fire, smoke, water or other like causes or means.
(A) Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license, except that on the death of a person doing business in this City, his or her heirs, devisees or legatees shall have the right to apply for a license hereunder. Proof of ownership may be required before issuance of the license.
(B) Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year last past from the date of such application shall not be granted a license.
(C) Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale. (Ord. 2385, 7-6-92)
3-16-4: APPLICATION FOR LICENSE:
Application for a license to conduct a sale regulated by this Chapter shall be made to the City Clerk at least ten (10) days prior to such sale in such form and manner as prescribed by the City Clerk, but containing at least the following information:
(A) The name and address of the person for which an application is made and the name and address of the owner or owners (if a partnership or corporation, the names and addresses of partners, officers and managers) of the goods to be the object of the sale;
(B) The length of time the person has been in business in the City of Twin Falls and the length of time the person has been in business at the address at which the sale is to be held;
(C) Whether, and when, any sales enumerated by this Chapter have previously been held by the applicant including the date and location of such sales;
(D) A statement explaining the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;
(E) The dates of the period of time within which the sale is to be held;
(F) A description of the place where said sale is to be held; and,
(G) An inventory describing generally the goods to be offered for sale at the sale. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, and any goods purchased within thirty (30) days before the filing of an application hereunder shall be deemed to have been goods ordered in contemplation of a sale regulated by this Chapter.
3-16-5: LICENSE FEE, TERM AND BOND:
(A) An applicant for a license hereunder shall submit to the City Clerk with his application a license fee of twenty five dollars ($25.00).
(B) The license, if the application is approved by the City Clerk, shall authorize the sale described in the application for a period of not more than sixty (60) consecutive days, Sundays and holidays excluded, following the date of issuance thereof.
(C) Upon payment of an additional license fee of twenty five dollars ($25.00), the City Clerk may renew or extend a license for one period of time only, such period to be in addition to the period of time permitted in the original license, and such renewal shall not exceed thirty (30) consecutive days, Sundays and holidays excluded, when the City Clerk finds:
1. That the facts existing justify the license renewal;
2. That the licensee filed an application for renewal;
3. That the licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included on the original application and inventory.
4. The license or renewal thereof shall authorize only the type of sale described in the application at the location named therein.
5. The license shall authorize only the sale of goods described in the inventory attached to the application.
6. The applicant for a license hereunder shall tender with the application a bond in the sum of one thousand dollars ($1,000.00) conditioned upon the observance of this Chapter and for the indemnification of any purchaser at such sale who suffers a loss by reason of misrepresentation.
3-16-6: APPEAL OF CITY CLERK'S DECISION:
If the applicant is aggrieved by the decision of the City Clerk, the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the City Clerk. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the City Council shall be final.
3-16-7: DUTIES OF LICENSEE:
A licensee hereunder shall have the duty to:
(A) Make no additions whatsoever during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.
(B) Refrain from employing any untrue, deceptive or misleading advertising, and conduct the licensed sale in conformity with any advertising or holding out incident thereto.
(C) Keep available at the place of sale a copy of the inventory submitted with the application and shall present such duplicate to the City Clerk, his representative or any police officer upon request.
(D) Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction to the public by placing tags on all the inventoried goods in and about the place of sale apprising the public of the status of all such goods. Combining any additional or other goods with the goods inventoried shall cause the goods inventoried to lose its identity for the purpose of the sale and any such license issued shall cause to apply to the sale of such goods.
3-16-8: REVOCATION OF LICENSE:
The City Council may revoke any license issued under this Chapter for violation of any of the provisions of this Code or Ordinance of the City or laws of the State of Idaho. Prior to revocation by the City Council, the City Clerk or City Council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for the hearing.
3-16-9: PENALTIES:
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more three hundred dollars ($300.00), or by imprisonment in the City jail for not more than six (6) months, or by both such fine and imprisonment. (Ord. 2197, 3-16-87)
3-17-1: DEFINITIONS:
For the purposes of this chapter, the following terms shall have the meaning given herein:
CHILD: Any person less than twelve (12) years of age.
DAYCARE: Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's or children's own home.
DAYCARE FACILITY: A place or facility providing daycare for compensation for more than six (6) children. (Ord. 2229, 3-7-1988)
3-17-2: PURPOSE:
The purpose of this chapter is to protect the safety of children cared for in daycare facilities while, at the same time, relieving daycare facilities from certain potentially prohibitive requirements of the international building code which are not related to life safety issues. This chapter is not intended to replace the state daycare license law contained in Idaho Code section 39-1101 et seq., but is intended to supplement that law and to exempt certain daycare facilities from certain provisions of the international building code that are not related to life safety issues. (Ord. 2229, 3-7-1988; amd. Ord. 2765, 11-10-2003)
3-17-3: APPLICATION, INSPECTION, ISSUANCE OF LICENSES:
(A) Application For License: Applications for licenses issued hereunder shall be made upon forms prepared and made available by the public safety department.
(B) Inspections: Upon receipt of a completed application, the public safety department shall inspect the facility for compliance with the requirements of this chapter, and shall issue such license upon establishing compliance and upon payment of a fee of twenty five dollars ($25.00).
(C) Continued Compliance: Daycare facilities shall at all times maintain compliance with the requirements identified in this chapter, and shall consent to reinspection at any time during any license period.
(D) Renewal: The license shall be valid for two (2) years and shall be posted in a conspicuous place at the main entrance of the daycare facility.
(E) Appeal Of Denial Of License: If an applicant is denied a license under this chapter, the applicant may appeal the decision to the city council by filing an appeal in writing with the city of Twin Falls, setting forth the basis for the appeal. The city council, upon receipt of the written notice of appeal, shall set a time and place for a hearing on the appeal, which notice shall be served personally on the applicant or mailed postage prepaid to the applicant at the last known address, at least three (3) days prior to the hearing. (Ord. 2229, 3-7-1988)
3-17-4: INTERNATIONAL BUILDING CODE AND INTERNATIONAL FIRE CODE:
(A) New Construction: New construction for use as a daycare facility shall comply with all requirements of the international building code and international fire code as adopted by the city of Twin Falls.
(B) Existing Approved Daycare Facilities: All daycare facilities in existence on January 1, 2003, with prior approved fire inspections issued by the city of Twin Falls shall comply with all codes under which they were approved. (Ord. 2765, 11-10-2003)
3-17-5: FIRE SAFETY STANDARDS:
In addition to the fire safety standards set forth in Idaho Code section 39-1109, and regulation 55 promulgated by the state fire marshal pursuant to Idaho Code section 39-1111, the following additional items will be inspected and shall be complied with by daycare facilities:
(A) If there is a private garage attached to the facility, the common wall between the garage and the facility shall be protected by at least one hour, fire resistive materials on the garage side; and any door within the same wall shall be self-closing, tight fitting, solid wood core, and a minimum of one and three-eighths inches (13/8") in thickness or equivalent. For daycare use in conjunction with other occupancy classifications, consult the international building code for specific occupancy separation. (Ord. 2765, 11-10-2003)
(B) Oil and gas unvented room heaters are not permitted. All fuel burning appliances are to be vented.
(C) Chimneys and heating equipment are to be in good condition and installed properly.
(D) If a stove or combustion heater is installed, it shall be so located that it will not block escape in case it malfunctions.
(E) Flammable liquids storage is prohibited except for quantities not exceeding ten (10) gallons for maintenance purposes and operation of equipment if stored in a private garage or other approved locations in approved containers.
(F) All electrical appliances, fixtures, panel boxes, receptacle outlets, switches, and wiring shall appear to be in good condition. All electrical violations shall be reported to the state electrical inspector.
(G) Extension cords are permitted only with short term use and shall not be used as a substitute for permanent wiring.
(H) The facility shall be free of an excess of readily combustible materials such as oily rags, wastepaper, boxes, rubbish, or other waste materials.
(I) The landing on required exits shall not be more than four and one-half inches (41/2") lower than the threshold of the doorway.
(J) The occupant load of the facility shall be posted along with a statement that daycare is prohibited on any upper floor beyond the first floor or on a story below the level of exit discharge (basement) unless there is an exit directly to the outside. (Ord. 2229, 3-7-1988)
3-17-6: REVOCATION OF LICENSE:
The city council may revoke any daycare license issued under this chapter for violation of any of the provisions of this code or chapter or laws of the state of Idaho. Prior to revocation, the licensee shall be notified in writing, setting forth the grounds for the revocation and the time and place of the hearing. Such notice shall be personally served on the licensee or mailed postage prepaid to the licensee at his last known address at least three (3) days prior to the date set for hearing. (Ord. 2229, 3-7-1988)
3-17-7: PENALTIES:
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Each day of violation of the provisions of this chapter shall be a separate violation and punishable as such. (Ord. 2229, 3-7-1988)
3-18-1: PURPOSE:
The creation and intent of this chapter is to promote and ensure the public health, safety, and welfare of the residents and visitors of the City of Twin Falls. Specifically, this chapter provides proper regulations and best practices for operating and maintaining a safe, clean, and appealing temporary business operation within the City. (Ord. 2020-017, 10-19-2020)
3-18-2: DEFINITIONS:
The following words are defined as follows for this chapter only:
ADJOINING PROPERTY: | Any property immediately adjacent to the Vending Area, as measured from the right-of-way centerline towards shall be the dividing line in determining adjacency. |
COMMERCIAL VENDING: | Peddling, vending, selling, displaying, or offering an item or items for sale from a temporary location. "Parking lot sales" approved per Twin Falls City Code, and temporary children's vending stands are excluded from this definition. |
DISCHARGE LOCATION: | The location where graywater/wastewater from the vending cart/vehicle is taken to for discharge or treatment. |
FOOD PREPARATION AREA: | Any area or location where food is prepared for human consumption. |
PRIVATE PROPERTY VENDING: | Commercial vending where all aspects of the activity take place on property that is not public property. |
PUBLIC PROPERTY: | Parks, parking lots, rights of way, and sidewalks owned or maintained by the State of Idaho, the City of Twin Falls, or any political subdivision thereof. |
SIDEWALK VENDING: | Commercial vending from a vending cart or vending area to persons on the public right-of-way, any sidewalk, or pedestrian access. |
STREET VENDING: | Commercial vending from a vending vehicle situated on the public right-of-way between the curb lines, or edges of pavement, to persons within the right-of-way or the public sidewalk. |
VENDING AREA: | Any area used or anticipated to be used for commercial vending, including preparation, display, transactions, customer queuing, customer seating areas, and other associated activities. |
VENDING CART: | A movable push-cart that is operated by a vendor standing on public property. |
VENDING VEHICLE: | A vehicle operated by a vendor standing on or within the frame of the vehicle. |
(Ord. 2020-017, 10-19-2020)
3-18-3: LICENSE REQUIRED:
It is unlawful for any commercial vendor, or licensee, agent, or employee of that Vendor to operate in an unauthorized location; without a City license; without a valid health department permit; and/or in violation of health department regulations. A violator of any section of this chapter may be subject to criminal prosecution, revocation of the license, and/or denial of a future license for a period of up to three (3) years. (Ord. 2020-017, 10-19-2020)
3-18-4: GENERAL REGULATIONS:
SECTION:
3-18-1: Purpose
3-18-2: Definitions
3-18-3: License Required
3-18-4: General Regulations
3-18-5: Commercial Vending On Public Property
3-18-6: Commercial Vending On Private Property
3-18-7: License Issuance Process
3-18-8: License Revocation Process
The following words are defined as follows for this chapter only:
ADJOINING PROPERTY: | Any property immediately adjacent to the Vending Area, as measured from the right-of-way centerline towards shall be the dividing line in determining adjacency. |
COMMERCIAL VENDING: | Peddling, vending, selling, displaying, or offering an item or items for sale from a temporary location. "Parking lot sales" approved per Twin Falls City Code, and temporary children's vending stands are excluded from this definition. |
DISCHARGE LOCATION: | The location where graywater/wastewater from the vending cart/vehicle is taken to for discharge or treatment. |
FOOD PREPARATION AREA: | Any area or location where food is prepared for human consumption. |
PRIVATE PROPERTY VENDING: | Commercial vending where all aspects of the activity take place on property that is not public property. |
PUBLIC PROPERTY: | Parks, parking lots, rights of way, and sidewalks owned or maintained by the State of Idaho, the City of Twin Falls, or any political subdivision thereof. |
SIDEWALK VENDING: | Commercial vending from a vending cart or vending area to persons on the public right-of-way, any sidewalk, or pedestrian access. |
STREET VENDING: | Commercial vending from a vending vehicle situated on the public right-of-way between the curb lines, or edges of pavement, to persons within the right-of-way or the public sidewalk. |
VENDING AREA: | Any area used or anticipated to be used for commercial vending, including preparation, display, transactions, customer queuing, customer seating areas, and other associated activities. |
VENDING CART: | A movable push-cart that is operated by a vendor standing on public property. |
VENDING VEHICLE: | A vehicle operated by a vendor standing on or within the frame of the vehicle. |
(Ord. 2020-017, 10-19-2020)
(A) Exclusive Rights: No commercial vendor shall have exclusive right to any location on public property. Special event permits, or any other permit issued by the City, for the use of any public property will take precedence for the duration of The event, or time, associated with the use of public property.
(B) Location And Site Restrictions:
1. Commercial vending is prohibited within fifty (50) feet of residential uses, unless otherwise permitted within this city code.
2. Commercial vending activities are prohibited in any congested area where their operations might impede or inconvenience the public
3. Commercial vending activities are prohibited on public property adjacent to Main Avenue between Fairfield Street and Idaho Street, unless approved through the special event permit process.
4. Commercial vending activities shall not be located in the following areas:
(a) Where clear pedestrian passage on the public sidewalk is five (5) feet wide or less;
(b) Crosswalk areas;
(c) Within the clear vision triangle area (TFCC 9-9-16) on corners of intersections, alleyways or driveways;
(d) Within ten (10) feet of any doorway, except that this distance may be decreased to five (5) feet with written consent of property owner or agent of the affected permanent business or residence.
(e) In any area which obstructs the movement or visibility of vehicles or bicycles using the appropriate public right-of-way, access easement, or drive aisle.
(f) Within five (5) feet of utility boxes and/or vaults, handicap ramps, emergency call boxes, or fire hydrants
(g) Within any area that impedes, endangers, or interferes with pedestrian or vehicular traffic.
5. Unless otherwise provided in this chapter, or through a special event permit obtained under Twin Falls City Code, vending areas shall be spaced a minimum of ten (10) feet apart.
6. Vendors shall not use or attach any items to public amenities (trees, street lights, street furniture, railings, etc.) for any reason, without prior authorization.
7. The area within twenty-five (25) feet of the vending area shall be kept free of discarded beverages, debris, food, and trash at all times.
8. All food vendors shall operate in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public property. The food vendor shall be responsible for the cleaning and/or repair of any public property which is soiled, stained, or damaged by the placement or operation of the commercial vending business.
(C) Operating Hours And Other Time Limitations:
1. Permitted operating hours shall be between 7:00 a.m. and 10:00 p.m.
(a) Commercial vendors associated with special event permits may be open for the approved hours of the event.
(b) Commercial vendors on private property may be open for the approved hours of the primary business, including locations with extended hours approved through the special use permit process.
2. No vending area shall be unattended for more than fifteen (15) consecutive minutes.
3. All items associated with commercial vending shall be removed from public property when not in operation. Special event permit holders may request for this requirement to be waived during multi-day events.
(D) General Operation Restrictions And Requirements:
1. Each person or entity intending to engage in commercial vending shall submit a site plan and/or declaration of operation location meeting the requirements of a license application provided by the City Clerk.
2. Drive-thru operations shall not be permitted.
3. City water and sewer service connections are not permitted.
4. Audio amplification of any kind is prohibited, unless otherwise permitted within this City Code.
5. Overhead electrical lines are not permitted. Electrical lines shall not lay across any pedestrian access portion of the sidewalk. Any permanent electrical fixtures shall be approved prior to use by the City Electrical Inspector.
6. Each food preparation area shall be required to contain a fire extinguisher approved by the Fire Marshal.
7. Each vending cart/vehicle containing a food preparation area shall provide a discharge location approvable by the City Engineer.
8. Commercial vendors shall display, in a readily visible location, the following items at all times when in operation:
(a) City license
(b) Health permit
(c) "Open Sign" no smaller than 4x6 inches and no larger than 12x12 inches.
9. Signage: Vendors may receive a permit for one (1) temporary sign, with a maximum size of four (4) square feet. Temporary signage shall be wholly located within the vending area. All other signage is subject to regulations found in Title 10.
10. The dumping of any ice, trash, gray or wastewater, or any other items associated with commercial vending, into public waste receptacles, private dumpsters, public planter boxes, gutters, or the street is prohibited without prior authorization from the City or private property owner.
11. Each commercial vendor shall provide proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000.00), with expiration no less than one (1) year from the date of application approval, and shall agree in writing to hold the City harmless from any injury or damage resulting from the operation of the commercial vending operation. Additionally, each commercial vendor shall carry workers' compensation insurance as required under Idaho law.
12. The use of any tent, structure, or building, whether permanent or temporary, may require separate licenses or permits from a separate authority (i.e. tents over 400 square feet require a tent permit from the Fire Department). (Ord. 2020-017, 10-19-2020)
3-18-5: COMMERCIAL VENDING ON PUBLIC PROPERTY:
The following regulations apply to all commercial vending operations which take place on public property.
(A) Each commercial vendor operating on public property shall receive written permission from the appropriate governing authority. For public property owned by the City of Twin Falls, the City Manager or its designee shall make decisions on authorization.
(B) Each commercial vendor operating on public property shall carry a commercial general liability policy naming the City as an additional insured entity for any damage to public property. The policy shall be in the minimum amount of five hundred thousand dollars ($500,000.00). Expiration shall be no less than one (1) year from the date of application approval.
1. If the damage exceeds this amount the City may use any and all means to collect the amount needed to clean, repair, or replace the damaged property.
(C) In addition to the general regulations set forth in CC 3-18-4, the following regulations shall also apply:
1. Sidewalk And Street Vending:
(a) Each commercial vending operation shall obtain written consent of each adjoining property owner or agent of the owner (business manager, property manager) prior to operation.
2. Street Vending:
(a) Vending vehicles shall follow all traffic regulations, including but not limited to: speed limits, parking locations, parking time limits, obstructing traffic, and noise limitations.
(b) Vending vehicles shall carry additional insurance coverage for the vehicle in case of accident or damage to property. The policy shall be in the minimum amount of five hundred thousand dollars ($500,000). Expiration shall be no less than one (1) year from the date of application approval. (Ord. 2020-017, 10-19-2020)
3-18-6: COMMERCIAL VENDING ON PRIVATE PROPERTY:
Commercial vendors may operate on private property under the following conditions and are subject to the following standards:
(A) Commercial vending on private property is not permitted in residential zones, or on residential property.
(B) Each applicant intending to establish a private property vending operation shall provide to the City written permission from the property owner or authorized agent prior to beginning operation. (Ord. 2020-017, 10-19-2020)
3-18-7: LICENSE ISSUANCE PROCESS:
(A) All licenses shall be issued on an annual basis. Application for such license shall be made upon a form supplied by the City Clerk. The City Clerk shall charge the appropriate fee identified on the City fee schedule.
(B) Licenses shall be issued or denied within ten (10) business days after receipt of a complete application. (Ord. 2020-017, 10-19-2020)
3-18-8: LICENSE REVOCATION PROCESS:
Any public safety officer, city licensing officer, or other city staff member authorized by the City Manager is authorized to enforce this chapter.
Prior to the revocation or denial of any license, or renewal thereof, written notice of the reason(s) therefor shall be served on the applicant or licensee in person or by certified mail at the address on the license application. Revocation shall become final within ten (10) days of service unless the applicant or licensee appeals the action to the City Council. The applicant or licensee shall make his appeal in writing to the City Council within ten (10) days of receipt of the notice.
Should the applicant or licensee request an appeal within such ten (10) day period, the applicant shall be notified in writing by the City Clerk of the time and place of the public meeting where the appeal will be heard. Should an emergency exist that constitutes an immediate danger to life or health, a license may be summarily revoked pending the notice and public meeting herein provided. (Ord. 2020-017, 10-19-2020)
3-19-1: PERMIT; APPLICATION:
An alcohol beverage catering permit is a permit issued pursuant to this section which authorizes the permittee to serve and sell liquor by the drink, beer and wine, or beer, or wine, at a party or convention, and not to exceed five (5) consecutive days, with an option to request one permit extension on the same terms and conditions as the original permit, which extension may be issued or denied at the sole and absolute discretion of the original issuing entity, or at a party for a time period not to exceed two (2) consecutive days. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses. Applications for such permit shall be made to the city clerk, on such form as prescribed by the city, which shall contain at a minimum, but not limited to, the following information:
(A) The name and address of the applicant and the number of his state liquor, beer or wine license.
(B) The dates and hours during which the permit is to be effective, not to exceed five (5) consecutive days.
(C) The names of the organizations, groups, or persons sponsoring the event.
(D) The address at which the liquor, beer or wine is to be served, and if a public building, the rooms in which the liquor, beer or wine is to be served. A catering permit will not be issued without written approval of the premises by the fire inspector.
The application shall be verified by the applicant and filed with the city clerk. A filing fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the treasury of the city which shall not be refunded in any event. Any alcohol beverage catering permit shall be valid only within the city. (Ord. 2017-002, 1-9-2017)
3-19-2: FILING OF APPLICATION; APPROVAL:
Upon the filing of an application for an alcohol beverage catering permit, the city clerk receiving the application shall, upon the advice and recommendation of the chief of police, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the clerk. Copies of the application with signed endorsements thereon shall be mailed or delivered immediately to the chief of police and the applicant, and a signed copy retained by the clerk. An application approved in this manner shall constitute a permit. (Ord. 2617, 6-21-1999, eff. 7-1-1999)
3-19-3: WINERY LICENSE:
Any person who is the holder of an Idaho winery license shall be eligible to obtain an alcohol beverage catering permit. (Ord. 2617, 6-21-1999, eff. 7-1-1999)