3-1A-4: DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders.

APPLICANT: A person who applies for a license to engage in or operate a regulated business within the City.

CITY: The City of Boise City, Idaho.

CITY CLERK: The director of the Department of City Clerk, or his/her designee.

CITY CLERK'S OFFICE: The Department of the City Clerk for the City of Boise, Idaho or its designee.

CODE COMPLIANCE AND COMMUNITY RESOURCES OFFICER (OR "CCCR OFFICER"): A City employee, who is authorized to enforce portions of City and state code, including but not limited to the provisions of Title 3. This term is interchangeable with "code enforcement officer."

CONVICTION: An individual is considered to have been convicted of a criminal offense for purposes of this title when:

   A.   A judgment of conviction, adjudication, withheld judgment, or informal adjustment has been entered against the individual by any Federal, State, military, or local court;

   B.   There has been a finding of guilt against the individual by any Federal, State, military, or local court;

   C.   A plea of guilty or no contest by the individual has been accepted by any Federal, State, military, or local court; or

   D.   The individual has entered into or participated in first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld. This includes when the individual has entered into participation in a drug court, mental health court, domestic violence court, or other specialty court.

DIRECTOR: The Director of the Department of Planning and Development Services or the Director's designee, who must be an employee of the City.

DISQUALIFYING CRIME: A conviction for a crime that results in a denial, revocation, or suspension of a license to an applicant or licensee.

DRIVING BUSINESS: A commercial operation in which the applicant or licensee, or their employees or agents drive motor vehicles in order to engage in or operate an essential function of the business. The term "driving business" includes chapter 13, article B, "Commercial Transportation Vehicles"; chapter 16, "Nonconsent Towing Services"; chapter 13, article A, "Taxicabs"; and chapter 11, "Downtown Valet Parking", of this title.

GOOD CAUSE: A substantial reason that affords a legal excuse.

LAW ENFORCEMENT OFFICER: Any police officer, peace officer, sheriff, or deputy sheriff whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of the state of Idaho or any political subdivision.

LICENSE: Written permission from the City to engage in or operate a business regulated by the City pursuant to this Code. The term "license" includes the word "permit".

LICENSEE: A person holding a valid license issued by the City Clerk's Office pursuant to this article. The term "licensee" includes the word "permittee".

LICENSING OFFICER: The City Clerk or his/her designee, who must be an employee of the City.

PERSON: Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity, including the State of Idaho and every political subdivision thereof.

PERTINENT LICENSE CHAPTER: The chapters in this Code specifically addressing the additional requirements, disqualifications, and substantive rules governing each regulated business listed in section 3-1A-3 of this article.

PLANNING AND DEVELOPMENT SERVICES (OR "PDS"): The Planning and Development Services Department for the city of Boise City, Idaho, or its designee.

POLICE CHIEF: The Chief of Police for the city of Boise City, Idaho, or his/her designee.

POLICE DEPARTMENT: The Police Department for the city of Boise City, Idaho.

REGULATED BUSINESS: A business, trade, or occupation for which a license is required by this article.

REVOCATION: The permanent removal of a license.

SATISFACTORY DRIVING RECORD: A driving record that includes, but is not limited to, less than eight (8) points within twelve (12) months of applying for or renewing a license, and no suspensions or revocations of a driver's license within three (3) years of applying for or renewing a license.

STATE: The state of Idaho.

SUSPENSION: The temporary removal of a license.

TIER 1 BUSINESS: The following are tier 1 businesses:

   A.   Alcoholic Beverage;

   B.   Alcohol Beverage Catering;

   C.   Auction House, Auction Sale, and Auctioneer;

   D.   Eating and Drinking;

   E.   Festival Block;

   F.   Fireworks Stand, temporary (i.e., sale of non-aerial common fireworks);

   G.   Going Out of Business Sale;

   H.   News Rack;

   I.   Non-Commercial Kennel;

   J.   Private Tree Service (i.e., tree pruning/removal);

   K.   Sidewalk Cafe;

   L.   Special Events; and

   M.   Vendor.

TIER 2 BUSINESS: The following are tier 2 businesses:

   A.   Immobilization Agent;

   B.   Immobilization Service;

   C.   Pawnbroker;

   D.   Precious Metal Dealers;

   E.   Non-Consent Towing Services;

   F.   Temporary Merchant; and

   G.   Temporary Merchant, seasonal.

TIER 3 BUSINESS: The following are tier 3 businesses:

   A.   Alarm Installer;

   B.   Alarm Installation Service;

   C.   Commercial Driver;

   D.   Commercial Vehicle;

   E.   Massage Establishment;

   F.   Private Patrol Agent;

   G.   Private Security Service;

   H.   Solicitor;

   I.   Taxicab Business;

   J.   Taxicab Vehicle;

   K.   Taxicab Driver; and

   L.   Valet, both regular and special event. (Ord. 2-26, 2-10-2026)