TITLE 2 - BUSINESS AND LICENSE REGULATIONS
(Rep. by Ord. 317, 11-9-2020)
As used in this article, terms shall have the definitions as defined in Idaho Code title 23, chapter 9.
(Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020)
It shall be unlawful for any person to sell liquor by the drink at retail within the corporate limits of the city without first having obtained a license therefor as provided in this article.
(Ord. 7, 4-7-1998)
A.
Contents of Application: Each applicant for a license shall file with the city clerk an application, in writing, verified by affidavit, setting forth the following:
1.
The name and address of the applicant, which shall include all members of a partnership or association, and the officers and members of the governing board, and ten (10) principal stockholders of a corporation.
2.
A detailed statement of the assets and liabilities of the applicant.
3.
A statement that the applicant possesses all of the qualifications and none of the disqualifications necessary to obtain a state license from the director, as provided by Idaho Code title 23, chapter 9, and that the applicant holds a retail beer license issued under the laws of the state of Idaho.
4.
A detailed description of the premises for which a license is sought, including its location, showing that it is located in a zone in which the sale of alcoholic beverages is permitted under the zoning regulations of the city, and the name of the owner of the premises.
5.
A copy of the articles of incorporation and bylaws of any corporation, the articles of association and bylaws of any association, or the articles of partnership of any partnership.
6.
The names and addresses of all persons who will have a financial interest in any business to be carried on in the licensed premises, whether such interest results from open loans, mortgages, conditional sales agreements, limited partnerships, trusts, or any other basis other than accounts incurred in the ordinary course of business, and the extent of such interest.
7.
If the premises to be licensed is not owned by the applicant, then a true and correct copy of the lease shall be attached showing that the owner consents to the sale of liquor by the drink on such premises.
8.
Such other information as may be reasonably required by the city clerk in order to determine the applicant's qualifications or disqualifications for a license under this article.
B.
Change of Information:
1.
If, during the period of any license issued hereunder, any change shall take place in any of the requirements of this section, the licensee shall forthwith make a verified report of such change to the city clerk.
2.
If, during the period of any license issued hereunder, the licensee seeks to move his business from one premises to another within the city, he may do so subject to the director's approval that the new premises is suitable for the carrying on of the business, and subject to compliance with applicable zoning, building and other ordinances of the city.
C.
False Information: The making of any false statements in any part of the application, or in any subsequent report required under this section, shall constitute a misdemeanor. This penalty is separate from any other penalties established by Idaho Code.
(Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020)
A.
Investigation: Upon the receipt of an application for a license under this article, accompanied by the required fee, the city clerk shall obtain and review the report of the investigation of the applicant by the director, and may rely upon the director's investigation in determining whether or not the applicant possesses all of the qualifications and none of the disqualifications for a license. The city clerk may, additionally, conduct such independent investigation as he may deem appropriate and shall, within thirty (30) days of receipt of the application and fee, cause to be transmitted to the city council the application and the results of such investigation.
B.
City Council to Issue: If the city council shall determine that the contents of the application are true, that such applicant is qualified to receive a license and that the requirements of this article have been met and complied with, it shall, by motion or other official action, approve the same, and the city clerk shall issue the license; otherwise, the application shall be denied and the license fee refunded.
C.
Form, Expiration, Renewal and Transfer of License:
1.
Form: Every license issued under this article shall be issued by the city clerk upon direction of the city council and shall set forth the name of the person to whom issued, the location, by street and number or other definite designation of the premises, and such other information as the city clerk deems necessary. If issued to a partnership, the names of the persons constituting the 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 and prominently displayed in the place of business at all times. Every license issued under the provisions of this article is separate and distinct, and no person except the licensee named therein, except as herein otherwise provided, shall exercise any of the privileges granted thereunder.
2.
One License Only: No person shall be granted more than one license in the city for any one year. No partnership, association or corporation holding a license under this article shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member or an officer of, another partnership, association or corporation holding a license in the city for the same year.
3.
Term of License: License year shall be from one minute past one o'clock (1:01) A.M. July 1 through June 30 of the following year, and shall be subject to renewal upon proper application.
4.
Renewal: Renewal applications for licenses accompanied by the required fee must be filed with the city clerk on or before June 30 of the following year; provided, however, any licensee holding a valid license who fails to file an application for renewal of his current license on or before June 30 of the following year shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of his license and during which time he shall not be permitted to sell and dispense liquor by the drink at retail.
5.
Transfer: Application to transfer any license issued hereunder shall be made to the city clerk. Upon receipt of such application, together with a transfer fee in the amount of ten percent (10%) of the purchase price of the liquor license upon sale, or fifty percent (50%) of the annual license fee for transfers other than a sale, the city clerk shall make the same investigation as provided under subsection A of this section and submit such application for transfer to the city council, which shall by motion or other official action grant or deny the transfer of said license. In the event the city council grants the transfer of said license, the license shall be endorsed to the proposed transferee by said licensee for the remainder of the period for which such license was issued, and the city clerk shall note approval of such transfer on such license. No transfer fee shall be collected for transfers described in Idaho Code section 23-908(4).
D.
Administrative Approval of Liquor by the Drink License: If on any renewal of a Liquor by the Drink License is applied for, meets the requirements set forth within this Title and Chapter and all fees are paid within the allotted license time period, the application may be "Administratively Approved" by the City Clerk without further approval of the City Council.
(Ord. 7, 4-7-1998; Ord. 217, 6-22-2011; Ord. 304, 2-11-2020; Ord. 317, 11-9-2020; Amended by Ord. 382-2023 on 5/2/2023)
Each licensee shall pay an annual license fee, in advance, in the amount of five hundred sixty-two dollars and fifty cents ($562.50) per annum. If the license is issued for less than a full calendar year, the license fee shall be prorated as of the month of actual issuance, but shall not be less than one-fourth (1/4) of the annual fee.
(Ord. 7, 4-7-1998; Ord. 317, 11-9-2020)
A.
Hours of Sale: No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet, during the following hours:
1.
Any patron present on the licensed premises after the sale of liquor has stopped, as provided above, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served.
2.
Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon licensed premises after the time provided for above shall be guilty of a misdemeanor.
3.
It shall be the duty of every person who is employed at or upon a licensed premises or who owns or manages a licensed premises and is present upon the licensed premises during the hours and at the time set forth in this section to lock up and keep locked up in a locked room or locked cabinet all unsealed containers of liquor during the hours and at the times set forth in this section, and any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor.
B.
Actual Use Required: Each new license shall be placed into actual use by the original licensee at the time of issuance, and shall remain in actual use for at least six (6) consecutive months or be forfeited to the city. Such license shall not be transferable, except as provided in Idaho Code section 23-908(4), for a period of two (2) years from the date of the original issuance.
(Ord. 7, 4-7-1998; Ord. 206, 12-2-2009; amd. Ord. 317, 11-9-2020)
Idaho Code section 23-945 requires every alcoholic beverage licensee to post an age restriction sign. Such sign shall contain the following words in lettering of at least one inch (1") in height:
Admittance of persons under 21 years of age is prohibited by law.
Such sign shall be placed conspicuously over or on the door of each entrance to the licensed premises and must be clearly visible from the exterior approach to such premises.
(Ord. 7, 4-7-1998)
A.
The city council may, in accordance with proceedings provided for revocation of beer and/or wine licenses under subsection 2-2B-8A2 of this title, revoke any license for any grounds set forth in subsection 2-2B-8A1 of this title, or upon any other ground authorized by Idaho Code title 23, chapter 9.
B.
The suspension of a license for the sale of beer and/or wine shall automatically result in the suspension of any license for the sale of liquor held by the same licensee and issued for the same premises. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension.
(Ord. 7, 4-7-1998)
Any person convicted or found guilty of a violation of any of the provisions of this article, without regard to the form of the judgment, may be punished as provided in subsection 1-4-1A of this code; and in addition thereto, any person so convicted shall pay costs as the court may assess.
(Ord. 7, 4-7-1998; amd. 2006 Code)
As used in this article, terms are as defined in Idaho Code title 23, chapter 10.
(Ord. 6, 4-7-1998; amd. Ord. 317, 11-9-2020)
It shall be unlawful for any person to sell beer and/or wine at retail without first obtaining a license from the city; provided, however, that the city shall not issue a license to any retailer until such retailer shall have first obtained a county license from the Ada County commissioners.
(Ord. 6, 4-7-1998)
A.
Qualifications of Applicant: An applicant for a license or the transfer or renewal of a license, shall possess all of the qualifications and none of the disqualifications necessary to obtain a retail beer and/or wine license from the director of the department of law enforcement, as prescribed by Idaho Code title 23, chapter 10. The applicant shall possess a current state retail beer license from the director and a current county retail beer license from the board of Ada County commissioners.
B.
Application for License: Application for a license to sell beer and/or wine at retail or the transfer or renewal of such license shall be made in writing by an applicant. An application shall contain such information and statements relative to the applicant and the premises where beer and/or wine is to be sold as the mayor and city council reasonably require, and shall be verified by the affidavit of the person making it before a person authorized to administer oaths. Such application shall be filed with the city clerk and shall be accompanied by the fee required in section 2-2B-4 of this article.
C.
Review of Applications: When the city clerk determines that an application for a license or the transfer or renewal of a license is complete, the city clerk shall present the application to the city council at its next regular meeting. If an applicant possesses all of the qualifications and none of the disqualifications for a license, as provided in subsection A of this section, the city council shall approve the application. If the city council denies the application, the city council shall specify in writing:
1.
The statutes, ordinances and standards used in evaluating the application;
2.
The reasons for the denial; and
3.
The actions, if any, that the applicant may take to obtain a license or the transfer or renewal thereof.
D.
Administrative Approval of Beer and Wine License: If on any renewal of a Beer or Wine License is applied for, meets the requirements set forth within this Title and Chapter and all fees are paid within the allotted license time period, the application may be "Administratively Approved" by the City Clerk without further approval of the City Council.
(Ord. 6, 4-7-1998; Amended by Ord. 382-2023 on 5/2/2023)
A.
Fees:
1.
Annual Fees: The license fee imposed and collected shall be the sum of two hundred dollars ($200.00) per year for beer and the sum of two hundred dollars ($200.00) for wine.
2.
Other Fees: Other license fees are as follows, and each shall be prorated to reflect the actual months of issuance:
a.
Where the retailer sells only bottled or canned beer, none of which is consumed on the premises where sold, the license fee shall be fifty dollars ($50.00) per year.
b.
Where such retailer sells only bottled wine, none of which is consumed on the premises where sold, the license fee shall be fifty dollars ($50.00) per year.
3.
Transfer Fee: Where the retailer obtains a license originally issued to another retailer, the license transfer fee shall be ten percent (10%) of the annual license fee.
4.
Location Transfer Fee: Where a retailer transfers a license from authorized premises to other approved premises, the license transfer fee shall be ten percent (10%) of the annual license fee.
B.
Term: Such license year shall be from one minute past one o'clock (1:01) A.M. July 1 through June 30; provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance.
(Ord. 6, 4-7-1998; Ord. 217, 6-22-2011; amd. Ord. 304, 2-11-2020)
A.
Hours of Sale: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer and/or wine where beer and/or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer and/or wine between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. Any patron present on the licensed premises after the sale of beer and/or wine has stopped, as provided herein, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.
B.
Location Restrictions: No beer and/or wine by the drink license shall be issued for any place where beer and/or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred feet (300') of any public school, church or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the city council; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area, but subsequent to licensing came therein.
C.
Premises Restrictions: A retailer licensed under the provisions of this article shall sell beer and/or wine only upon the premises described in the license application and approved by the city council.
D.
License Posted: The retailer's city license to sell beer and/or wine at retail shall be posted in a conspicuous place upon such premises during the period of time for which the license is issued.
E.
Beer License Prerequisite to Wine License: If the application for license is for a retail wine license or wine by the drink license, the applicant must possess a retail beer license issued by the director.
F.
Change Premises or Transfer License to Another:
1.
A licensed retailer seeking to change premises shall make application to the city clerk in accordance with the provisions of subsections 2-2B-3B and C of this article.
2.
A retailer licensed under the provisions of this article shall not assign or otherwise transfer a city license to sell beer and/or wine at retail to another person without the approval of the city council. Application to transfer a license to another person shall be made to the city clerk in accordance with the provisions of subsections 2-2B-3B and C of this article.
(Ord. 6, 4-7-1998; amd. Ord. 317, 11-9-2020)
Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer and/or wine in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer and/or wine to or by any person under twenty-one (21) years of age, proof of which shall be a validly issued state, district, territorial possession, or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth.
(Ord. 6, 4-7-1998)
The director, or any duly authorized representative of the director, any Ada County sheriff, and any city police officer, shall have the right, at any time the premises of a licensee is occupied for any purpose, to make an examination of the premises for the purpose of ascertaining whether the laws of the state, the rules and regulations of the director, and the ordinances of the city and county are being complied with. The failure of a licensee or of a licensee's agents or employees to permit any person authorized hereunder to enter and examine the premises shall be deemed a violation of this section.
(Ord. 6, 4-7-1998)
A.
License Revocation:
1.
The city council may revoke any license for fraud and misrepresentation in its procurement, or in the event of the conviction of a licensed retailer under the provisions of any city or county ordinance, or of any law of the state or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, or upon any other ground authorized by Idaho Code title 23, chapter 10.
2.
The city council shall proceed in accordance with the notice and hearing provisions of Idaho Code title 67, chapter 52, in considering the revocation of a license pursuant to subsection A1 of this section. The city council shall cause to be kept minutes and make a transcribable verbatim record of any revocation proceeding. If a license is revoked, the city council shall keep the transcribable verbatim record of the proceeding for a period of not less than six (6) months after a written decision on the matter is transmitted to the licensee.
B.
Judicial Review: An applicant or licensee aggrieved by a decision of the city may seek judicial review under the procedures provided in Idaho Code sections 67-5270 to 67-5279.
(Ord. 6, 4-7-1998; amd. 2006 Code)
Any person convicted or found guilty of a violation of any of the provisions of this article, with regard to the form of the judgment, may be penalized as provided in subsection 1-4-1A of this code, with either or both the fine and imprisonment being imposed; and in addition thereto, any person so convicted shall pay costs as the court may assess.
(Ord. 6, 4-7-1999)
The purpose of this article is to provide a procedure and guidelines for applying for, reviewing and evaluating an alcohol beverage catering permit pursuant to Idaho Code title 23, chapter 9. Such permits are intended to allow current alcohol license holders to serve alcohol at events sponsored by other groups, entities or individual, not as a means to temporarily expand the scope and operation of a retail alcohol establishment.
(Ord. 138, 10-18-2005)
"Alcohol beverage catering" is used in reference to any person who engages in the serving and selling of liquor by the drink, beer and wine, or beer, or wine at a party, convention or event for a period not to exceed five (5) consecutive days.
(Ord. 138, 10-18-2005; amd. Ord. 317, 11-9-2020)
A.
Permit Required: It shall be unlawful for any person to sell any alcoholic beverage retail by the drink at any location or upon any premises in the city for which the seller does not have a retail alcohol license without first obtaining an alcohol catering permit issued by the city pursuant to these provisions.
B.
Duration and Validity: No permit issued under the provisions of this article shall exceed three (3) consecutive days. Any permit so issued is not transferable, shall not be renewed, is subject to revocation by the council as detailed in this article, and is only valid under the conditions and terms as approved and then only at the designated location or premises within the city and only for the time specified.
C.
Hours of Operation: The maximum hours of operation for a holder of an alcohol beverage catering permit are six o'clock 6:00 A.M. to two o'clock (2:00) A.M. for beer and wine and ten o'clock (10:00) A.M. to two o'clock (2:00) A.M. for hard liquor; as set by Idaho Code section 23-927, as amended.
D.
Permit Nontransferable: No permit issued or granted by the city shall in any manner be assignable or transferable, or authorize any person other than the one therein named to do business or authorize any other business than is therein mentioned to be done, or authorize the transaction of such business at any other place than is specified in the permit.
(Ord. 138, 10-18-2005)
Any person holding a valid Idaho retail liquor license or retail beer or wine license may obtain an application for a catering permit at the city clerk's office, which shall state the following information, but which shall not necessarily be limited to the following information. The application must be completed and signed by the applicant and filed with the clerk not less than ten (10) days prior to the catering date(s) requested. Failure to complete the required portions of the application, as set forth in the following subsections, shall result in a denial of the application:
A.
Name and address of the applicant.
B.
The number of the applicant's Idaho state retail liquor license or Idaho state retail beer or wine license.
C.
A photocopy of the applicant's Idaho state retail liquor license or Idaho state retail beer or wine license.
D.
Dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days.
E.
Names of the organizations, groups, or persons sponsoring the event.
F.
Address or location 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.
G.
If the location is not owned by the applicant, written proof that the owner consents to the service and sale of alcoholic beverages on such premises.
H.
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 city and shall not be refunded in any event, pursuant to Idaho Code section 23-934A, as amended.
(Ord. 138, 10-18-2005)
No alcohol beverage catering permit shall be issued to any person who:
A.
Does not possess a valid retail liquor license or retail beer or wine license from the state of Idaho pursuant to Idaho Code title 23, chapter 9, 10 or 13.
B.
Has been convicted of or received a withheld judgment for any offense deemed a felony by the laws of the United States, the state of Idaho, or any other state of the United States, within the last five (5) years.
C.
Has a judgment, conviction or determination for a drug or alcohol related violation, whether criminal, civil or administrative, violative of the laws of the United States, the state of Idaho, or any other state of the United States, or of the resolutions or ordinances of any county or city of this state within the last three (3) years.
D.
Files any false or misleading statement that the applicant knows to be or reasonably should have known to be false or misleading in any part of the application for a catering permit or any subsequent report.
E.
Already has a retail liquor license or retail beer or wine license for any portion of the location or premises described in the application, premises immediately adjacent to the location or premises described in the application, or premises so close to the location or premises described in the application that the application effectively does nothing more than enlarge the scope and operation of an existing license.
(Ord. 138, 10-18-2005)
A.
Review by Clerk: The clerk shall review the application for a catering permit for completeness and forward said application to the Ada County sheriff office.
B.
Consideration by County Sheriff: The sheriff, upon receipt of the application, shall make a recommendation to the city to approve the application, deny the application or approve the application with special terms or conditions. In making such recommendation, the sheriff shall consider the criminal background of the applicant and the health, safety and welfare of the public, the potential for public nuisance or unlawful disturbances, and the policies of the city.
C.
City Action: The city council or its designee, considering the advice and recommendation of the sheriff, shall approve or disapprove the application by indicating the determination on the face of the application by endorsement. Conditions of approval, if any, may also be endorsed upon the face of the application, or they may be attached separately. The clerk shall retain a signed copy of the application, including attachments, if any, and mail or deliver immediately copies of the application so endorsed to the sheriff and the applicant.
D.
Approved Application Constitutes Permit: An application approved in this manner shall constitute an alcoholic beverage catering permit.
(Ord. 138, 10-18-2005)
Any applicant denied a liquor catering permit, or disagreeing with any conditions of approval, may file a notice with the city clerk seeking reconsideration by the council. Such notice need not be on any particular type of form, it need only advise the clerk and the council of the reason reconsideration is sought. The clerk shall place the request for reconsideration on the agenda for the next regularly scheduled council meeting. At the meeting, the applicant may present information not previously presented or reiterate previous information given, but may not propose changes to the application. Changes to an application shall be considered a new application and must be submitted as any other application under section 2-2C-4 of this article. An applicant is not guaranteed an opportunity for reconsideration; the council shall not be required to set a special meeting to hear the reconsideration request if there is not another regular meeting scheduled before the catering date(s) requested in the application.
(Ord. 138, 10-18-2005)
The applicant or the applicant's designee is required to carry, display, or post the original catering permit issued and one or both must be personally present at the approved catering premises at all times during the life of the catering permit. The applicant's designee, if there is one, must be specified on the application.
(Ord. 138, 10-18-2005)
The council or the sheriff may revoke a catering permit by immediately demanding and seizing the permit from the applicant or applicant's designee:
A.
When any fraud, misrepresentation or false statement is found contained in the application for permit subsequent to the approval of the permit.
B.
When, subsequent to the approval of the permit, it is determined that the applicant did not meet the requirements set for in this article.
C.
Where there exists an evident endangerment to the health, safety and welfare of the public resulting from the use of the permit, or where the applicant or the applicant's designee fails to conform to the conditions and terms set forth on the permit.
(Ord. 138, 10-18-2005)
A.
A person failing to obtain, display or surrender a catering permit, as provided in this article, shall be guilty of a misdemeanor 1 .
B.
A person holding a catering permit, or any person employed or acting on the behalf of the person holding a catering permit, who wilfully endangers the health, safety, or public welfare by permitting, allowing, or failing to correct conduct in violation of the conditions or terms of a catering permit is guilty of a misdemeanor.
C.
A violation of any provisions of this article by any agent, employee, servant, or other person on behalf of the person holding the catering permit shall be presumed a violation by the person holding the catering permit.
(Ord. 138, 10-18-2005)
1 Cross reference—See subsection 1-4-1A of this code.
(Rep. by Ord. 317, 11-9-2020)
Editor's note— Ord. No. 418-2025, §§ 1—15, adopted June 17, 2025, repealed the former Ch. 2, §§ 2-4-1—2-4-14, and enacted a new Ch. 2, §§ 2-4-1—2-4-15 as set out herein. The former Ch. 2 pertained to vendors, solicitors, and temporary merchants and derived from Ord. 227, 12-18-2012; amd. Ord. 317, 11-9-2020.
MOBILE VENDING CART: A moveable push cart that is operated by a vendor.
SOLICITOR: Any person, whether owner or otherwise, traveling by foot, mobile vending cart, motor vehicle or any other type of conveyance; from place to place, from house to house or from street to street, for the purpose of taking or attempting to take orders for goods, wares, or merchandise, or any article for future delivery, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
TEMPORARY MERCHANT: Any person, whether owner or otherwise, who engages in a temporary business of selling and delivering goods, wares, merchandise and services within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure or motor vehicle within the city for the exhibition and sale of such goods, wares and merchandise.
VENDOR: Any person, including an employee, representative partner, or corporate member, who sells or offers to take orders for selling food, beverages, goods, or merchandise traveling by foot, from a mobile vending cart, mobile vending vehicle, or mobile vending trailer, or any other type of conveyance within the city.
(Ord. No. 418-2025, § 1, 6-17-2025)
It shall be unlawful for any vendor, solicitor or temporary merchant, as the same are herein defined, to engage in such business or to employ another in such business within the corporate limits of the city without first obtaining a permit from the city clerk's office in compliance with the provisions of this chapter. All vendors, solicitors, or temporary merchants must meet all applicable city, state, federal licensing requirements, along with central district health department and southwest district health department regulations and requirements.
(Ord. No. 418-2025, § 2, 6-17-2025)
The provisions of this chapter shall not apply to:
A.
Any sales under court order;
B.
Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for future delivery, from local retailers, local businesses, local governments, local schools, or local wholesale firms;
C.
The sale of a newspaper subscription in which the seller is a person engaged in both the direct delivery and sale of the newspaper.
D.
The sale of farm or garden products by the person producing the same;
E.
The occasional sale of admission by local school students to a function of their school; or fund raising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;
F.
Any political group seeking funds, memberships, or support;
G.
Garage, yard or similar sales by individuals at their residence not exceeding one (1) sale per month or lasting no longer than three (3) days. Yard sales are not commercial sales and business inventory or items purchased for resale at other garage or yard sales are prohibited.
H.
Any organization exempt from taxation as provided by 26 U.S.C. 501 and meeting all the requirements for the exemptions provided by U.S.C. 503;
I.
Sales by youth (fourteen (14) years or younger) of lemonade or like items from property which they reside or from other property with the owner's permission.
(Ord. No. 418-2025, § 3, 6-17-2025)
Applicants for a permit under this chapter must file with the city clerk an application furnished by the city clerk, which shall contain the following information:
A.
Name and address of applicant; if the applicant is an association company or corporation, then state its name along with the names and descriptions of the persons who will be soliciting in the city;
B.
A brief description of the nature of the business and the goods to be sold;
C.
If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant;
D.
The proposed method of operation, length of time for which the right to do business is desired and if a motor vehicle is to be used, a description of the same, together with license number or other means of identification;
E.
Whether the applicant or persons participating under this application have had a permit revoked during the past five (5) years, and if so, where and when;
F.
Copies of driver licenses for everyone participating in direct sales (including those driving vehicles);
G.
One (1) two by two inch (2" x 2") photograph for each participant showing the head and shoulders in a clear and distinguishable manner;
H.
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of deliver;
I.
A statement as to whether or not the applicant or the persons participating under this application have been convicted of a violation of any city, state or federal law, the nature of the offense, the date, and the punishment or penalty assessed therefore;
J.
Designation and completion of section 2-4-5;
K.
No permit issued hereunder shall be transferable.
(Ord. No. 418-2025, § 4, 6-17-2025)
A.
As part of the application process, the applicant and all those participating under his/her application shall be required to complete the following:
To determine the suitability of prospective applicants for the vendor, solicitor, or temporary merchant permit, the City of Star requires an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and Federal Bureau of Investigation. For purposes of fingerprinting, an applicant is a person and cannot be an association, company or corporation. Pursuant to section section 67-3008, Idaho Code, and Congressional Enactment Public Law 92-544, the City of Star requests a criminal records check of state and national databases by the submittal of a set of fingerprints obtained from the applicant and the required fees to be paid to the City of Star to be remitted to the Idaho State Police, Bureau of Criminal Identification. The submission of finger fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The City of Star Police Chief is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purposes of evaluating the fitness of applicants for vendor, solicitor or temporary merchant permits. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited.
B.
If the applicant or those associated with the application fail to submit and pay for the background checks, the application process will automatically cancel.
C.
If the applicant or a person authorized to solicit on its behalf has been convicted of a violation of any city, state or federal law, in the previous five (5) years; or if the applicant or anyone participating under the application has made a false statement on the application then the application may be denied. (Pursuant to section 2-4-11 of this chapter.)
D.
Disqualifying crimes or circumstances: No applicant or licensee will be issued or renewed a license if the applicant, or licensee, or a person authorized to solicit on its behalf:
1.
Sex Offender: Is required to register as a sex offender, pursuant to Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho section 18-8301 et seq., or the Juvenile Sex Offender Registration Notification and Community Right-to-know Act, Idaho Code section 18-8401 et seq.;
2.
Specific Sexual Offenses: Has a conviction, whether felony or misdemeanor, involving the sexual battery of any person, sexual exploitation or sexual abuse of a minor or vulnerable adult, enticement of a minor, child pornography, kidnapping, lewd conduct with a minor, prostitution, rape or homicide; or
3.
Domestic Violence: Is a respondent in a domestic violence protection order entered pursuant to Idaho Code title 39, chapter 63 after receiving notice of and an opportunity for hearing; provided, entry of an ex parte order pursuant to Idaho Code section 39-6301 et seq., shall not apply herein.
E.
Driving Businesses: No applicant or licensee will be issued or renewed a license to engage in or operate a driving business while the applicant or licensee's driver's license is suspended or invalid.
(Ord. No. 418-2025, § 5, 6-17-2025)
Vendors, solicitors, and temporary merchants are subject to the following restrictions unless specific exemptions are provided:
A.
Locations: No vendor, solicitor, or temporary merchant shall have any exclusive right to any location in a public street or sidewalk, nor shall they be permitted to operate in any congested area where operations might impede or inconvenience the public. This license does not preclude the issuance of a special events permit or other permits by the city or the granting of permission to sell or operate on private property by its owners.
B.
Hours of Operation: Vendors, solicitors and temporary merchants shall be allowed to engage in their licensed business only between nine o'clock (9:00) a.m. and sunset.
C.
Enforcement Authority: Any law enforcement officer or city licensing officer shall have enforcement authority.
(Ord. No. 418-2025, § 6, 6-17-2025)
The vendor, solicitor or temporary merchant non-refundable permit fee, in an amount established by the Star City Council and listed on the schedule of fees, shall be paid in advance.
By accepting a fee and issuing a permit, the city does not assume any liability for any actions or any conduct engaged in by the permittee. The City, shall not endorse any products or services sold by any permittee; nor shall any permittee represent to any person that the city has any interest in any business carried on by the permittee.
(Ord. No. 418-2025, § 7, 6-17-2025)
Before any permit as provided herein shall be issued for engaging in the business of vendor, solicitor, or temporary merchant as defined in this chapter:
A.
Every applicant plying his trade as an individual, shall file with the City Clerk a bond, in the amount of one thousand dollars ($1,000.00).
B.
Every business association, company or corporation which has employees or agents acting in the capacity of vendor, solicitor, or temporary merchant, shall file with the city clerk a bond covering all such employees in the amount of one thousand dollars ($1,000.00) per employee to a maximum of five thousand dollars ($5,000.00).
C.
The bond may be in the form of a surety bond issued by a company licensed to issue insurance in the State of Idaho, a money order or cashier's check payable to the City of Star, or cash delivered to the city clerk. The bond shall protect against any and all claims against the vendor, solicitor or temporary merchant arising during the effective dates of the permit issued under this chapter and filed with the city clerk.
Vendors, solicitors and temporary merchants shall notify each customer that they are bonded and that any claim may be presented to the city clerk at 10769 W. State Street during regular business hours.
D.
After expiration of a license, the city clerk shall return the bond to the person designated on the application, upon receipt of a written request for return. The bond will be returned sixty (60) days after receipt of the application for return, unless the clerk has been notified of the pendency of any claim or cause of action by any person upon the bond. If the clerk receives notice of a claim, the bond shall not be released except as directed by a court or the person(s) submitting the claim.
(Ord. No. 418-2025, § 8, 6-17-2025)
A.
Approval: The city clerk shall notify the applicant whether his permit request is approved and shall issue a permit. The permit will show the name and address of said permittee, the type of permit issued, the amount of fee paid, the date of issuance and the date of expiration.
1.
Upon notification of an approved permit, the applicant will be given identification badges for all those participating under the application. The badge will show a picture of the salesperson, the type of business, the salesperson's name, and the date of issuance and expiration of the permit.
B.
Denial: The city clerk shall notify the applicant if his permit request is denied, the reasons therefore, and advise him/her of the appeal procedure. (Pursuant to section 2-4-11 of this chapter.)
C.
Exhibited: The permit shall be exhibited in a conspicuous place on the motor vehicle or other mode of transportation if the permittee is using a motor vehicle or other mode of transportation. The badges shall be worn at all times when salespeople are working under conditions of this permit.
(Ord. No. 418-2025, § 9, 6-17-2025)
No permittee hereunder shall:
A.
Fail to comply with any of the requirements and restrictions set forth in this chapter.
B.
Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;
C.
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;
D.
Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;
E.
Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect;
F.
Commit fraud, make misrepresentation or false statements in the course of carrying on the business.
(Ord. No. 418-2025, § 10, 6-17-2025)
The buyer shall have the right to cancel the door-to-door sale within three (3) business days. A business day shall be considered Monday through Friday from 8:00 a.m. until 5:00 p.m. and shall exclude all City of Star Holidays.
(Ord. No. 418-2025, § 11, 6-17-2025)
A.
Right to Appeal: Any applicant aggrieved by the refusal of the city to issue a permit or by the revocation of a permit shall have the right to appeal the city's decision to the city council. Such appeal shall be requested by submitting a written request to the mayor within five (5) days of the action of the city which denied the permit.
B.
Council Consideration: The city council shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his appeal orally or in writing. The council shall act on the appeal within seven (7) business days of the hearing.
(Ord. No. 418-2025, § 12, 6-17-2025)
In the event that the permittee shall violate any of the terms or conditions of the permit, or that any product offered by the permittee is a stolen item, or that the permittee violates any city ordinance in reference to the business, the Star Police Department shall be authorized to seize and confiscate the permit and hold the same pending a hearing before the city council. No business shall be conducted without a permit.
(Ord. No. 418-2025, § 13, 6-17-2025)
All permits issued under the provisions of this chapter shall expire on the date specified in the permit. No permit shall be issued for a period longer than one (1) year.
(Ord. No. 418-2025, § 14, 6-17-2025)
Any person, business, firm, company or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment. Each day or violation continued shall be separate offenses, punishable as hereinabove described.
(Ord. No. 418-2025, § 15, 6-17-2025)
A.
Purpose: The purpose of this chapter is to allow the reasonable location of a sexually oriented business within the city in a manner which will protect property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses such opportunity in appropriate areas within the city. It is not the intent of this chapter to suppress any speech activities protected by the first amendment of the United States constitution, but to impose content neutral regulations which address the adverse secondary effects sexually oriented businesses may have on adjoining properties and the immediate neighborhood.
B.
Negative Impact: It has been determined, and reflected in the land use studies of various U.S. cities, that businesses which have as their primary purpose the selling, renting or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of a sexually oriented business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.
C.
Effect on Residential Neighborhoods: It has been determined, and reflected in the land use studies of various U.S. cities, that the operation of sexually oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and downgrading of property values.
D.
Intent; Location Restrictions: It is the intent of these regulations to allow sexually oriented businesses to exist within the city in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between sexually oriented businesses and residential uses, churches, parks and educational institutions in an effort to buffer these uses from the secondary impacts created by sexually oriented business activity.
(Ord. 137, 12-6-2005)
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
ADULT ARCADE: A premises where, for any form of consideration, one or more motion picture or slide projectors or similar machines for viewing by five (5) or fewer persons each, are used to display any images emphasizing the depiction or description of specified sexual activities or graphically exposed specified anatomical areas. This shall also apply to any arcade which is not customarily open to the general public because minors are excluded by virtue of age as a prevailing business practice or as required by law.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A premises which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice or as required by law and has, at any one time, sixty percent (60%) or more of its stock in trade and offers for sale, trade or rent of one or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, digital images, slides, live human representations or other visual representations which are characterized by the depiction or description of specified sexual activities or exposed specified anatomical areas; or
B.
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or
C.
Goods which are replicas of or which simulate specified anatomical areas or goods which are designed to be placed on specified anatomical areas to cause sexual excitement thereof.
ADULT CABARET: A nightclub, bar, restaurant or similar premises which features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or which features films, motion pictures, videocassettes, digital images, slides or other photographic reproductions which are characterized by specified sexual activities or specified anatomical areas.
ADULT MOTEL: A hotel, motel or similar commercial establishment which offers public accommodations, for any form of consideration, and which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, digital images, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of off premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television.
ADULT MOTION PICTURE THEATER: A premises which has, at any one time, sixty percent (60%) or more of its stock in trade, rented or owned, which shows films, motion pictures, videocassettes, digital images, slides or similar reproductions, and in which at least fifty percent (50%) of the total presentation time is devoted to the showing of material which is characterized by the depictions or description or specified sexual activities or by specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium or similar premises which, for any form of consideration, features live performances, which are characterized by the exposure of specified anatomical areas at least fifty percent (50%) of the total presentation time or by specified sexual activities.
BIKINI BAR: A business, as defined in Idaho Code title 23, licensed to serve beer, wine, alcohol, or spirituous liquor for consumption on the premises which features live performers or servers wearing bikinis or swimsuits covering specified anatomical areas.
SEXUAL ENCOUNTER PREMISES: A premises other than a hotel, motel or similar premises, offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include a premises where an Idaho licensed medical practitioner, psychologist, psychiatrist or similar professional person engages in medical or sexual therapy.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, bikini bar or sexual encounter premises; or any premises where employees display specified anatomical areas or engage in specified sexual activities.
SEXUALLY ORIENTED BUSINESS EMPLOYEE: Any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
SPECIFIED ANATOMICAL AREAS: Any of the following parts of the human body with less than full, opaque coverings of the human genitals, anus, cleft of the buttocks, or the female breast. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Shall mean and include any of the following whether actual or simulated:
A.
The fondling or other erotic touching of and specified anatomical areas; or
B.
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
C.
Sexual intercourse, masturbation, sodomy, oral copulation, coitus, ejaculation; or
D.
The exposure or display of human genitals in a state of sexual stimulation, arousal or tumescence; or
E.
Excretory functions as a part of or in connection with any of the activities listed above; or
F.
Erotic or lewd touching, fondling or other contact with an animal by a human; or
G.
Erotic dancing or rhythmic movements with a device, instrument, object or pole.
(Ord. 136, 10-18-2005)
No person shall operate or conduct a sexually oriented business upon any property or premises unless in conformance with this chapter. A violation of this provision may be enforced through administrative, civil and/or criminal remedies. In order to approve a conditional use permit for a sexually oriented business, the city council must determine that the following conditions are met:
A.
Location Restrictions:
1.
Such business shall not be located within one thousand five hundred feet (1,500') of a public or parochial school or daycare, or playground. Distance shall be measured as in subsection A6 of this section.
2.
Such business shall not be located within one thousand feet (1,000') of any boys' club, girls' club, or similar existing youth organizations, public building, public park or school bus stop. Distance shall be measured as in subsection A6 of this section.
3.
Such business shall not be located within one thousand five hundred feet (1,500') of a religious institution. Distance shall be measured as in subsection A6 of this section.
4.
Such business shall not be located within one thousand feet (1,000') of a bar or tavern or other premises serving alcohol or any other sexually oriented business. Distance shall be measured as in subsection A6 of this section.
5.
Such business shall not be located on a lot or parcel that is within one thousand feet (1,000') of a residential use or zone. Distance shall be measured as in subsection A6 of this section.
6.
Distance shall be measured in a straight line without regard to intervening structures from the nearest entrance of the sexually oriented business to the nearest property line or boundary line, or school bus stop. These standards shall apply regardless of the political jurisdiction in which schools, parks, or churches or other adult businesses are located.
B.
Sign Package and Exterior Building Design: The sign package and exterior building design must be submitted with the conditional use application for review by the city council. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building. No advertising signs, billboards, displays, advertisements, or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specified anatomical areas or specified sexual activities shall be shown or exhibited so as to be visible to the public from the exterior of the building.
C.
Lobby and Entrance Areas: Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area.
D.
Building Openings, Entries, Windows: All building openings, entries, windows, and the like shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts thereof, which are associated in any manner with specified anatomical areas or specified sexual activities, cannot be viewed from streets, sidewalks and adjacent private properties.
E.
Loudspeakers and Sound Equipment: No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building.
F.
Garbage and Trash Removal: Garbage and trash containing sexually explicit materials must be disposed of in a manner which prevents minors from having access to the material.
G.
Application of Provisions: For purposes of this chapter, the above conditions and standards shall be applicable in the following circumstances:
1.
The opening or commencement of any sexually oriented business as a new business.
2.
The conversion of an existing business, or any part of any existing business to any of the sexually oriented businesses regulated herein.
3.
The addition or expansion of any business to include any of the sexually oriented businesses regulated herein.
4.
The voluntary relocation of any such business.
H.
Hours of Operation: Hours of operation are from four o'clock (4:00) P.M. to two o'clock (2:00) A.M. One security staff is required for each twenty (20) required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits.
I.
Security: On-site security must be present during all hours of operation.
J.
Prohibited Acts: These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.
K.
Underage Persons: No sexually oriented materials or performances shall be disseminated, performed for, by, or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits; signs shall state "Persons Under 18 Years of Age Not Permitted". The sign shall be no less than 0.5 square feet and no greater than one square foot in area.
L.
Illumination of Premises: All areas of a sexually oriented business shall be illuminated at a minimum of twenty (20) foot-candles, normally maintained and evenly distributed at ground level. Except, adult motels shall only be required to be illuminated at a minimum of twenty (20) foot-candles in public areas. And, adult theaters and adult cabarets shall only be required to be illuminated at a minimum of five (5) foot-candles. During performances, adult theaters and adult cabarets may reduce the lighting to be no less than 1.25 foot-candles.
M.
Image Producing Devices: An adult motion picture show or adult arcade shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
(Ord. 136, 10-18-2005)
Under no circumstance shall the issuance of a conditional use permit be considered an affirmative defense or consent by the city for any activity that is prohibited by federal or state law, or any other prohibition not a part of this chapter.
(Ord. 136, 10-18-2005)