HomeMy WebLinkAbout09-1421 City Code Updating Licensing Code ProvisionsCITY OF MERIDIAN ORDINANCE NO. l7a - I y ai
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING
TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, REGARDING LICENSING OR
PERMITTING REQUIREMENTS, CRIMINAL INVESTIGATIONS OF APPLICANTS,
AND DISPLAY OF INVALID LICENSE OR PERMIT; AMENDING TITLE 3,
CHAPTER 5, MERIDIAN CITY CODE, REGARDING PAWNBROKER LICENSE
APPLICATION FEE; REPEALING AND REPLACING TITLE 3, CHAPTER 6,
MERIDIAN CITY CODE, REGARDING DEFINITIONS, CITY OF MERIDL~N
MASSAGE THERAPIST LICENSE, APPLICATION, ISSUANCE, DENIAL,
REVOCATION, OPERATING AND SANITARY REQUIREMENTS, INSPECTIONS,
AND PENALTY; REPEALING AND REPLACING TITLE 3, CHAPTER 8, MERIDIAN
CITY CODE, REGARDING DEFINITIONS, CITY OF MERIDIAN PRIVATE
SECURITY SERVICES LICENSE, APPLICATION, ISSUANCE, DENIAL,
REVOCATION, OPERATING REQUIREMENTS, AND PENALTY; REPEALING
TITLE 4, CHAPTER 2, SECTION 9, MERIDIAN CITY CODE, REGARDING GARAGE,
YARD, AND SIMILAR SALES.
WHEREAS, the general provisions of Meridian City Code regarding licensing and
permitting have been rendered inconsistent with subsequently-adopted specific provisions and
practices, and are hereby clarified to create consistency and uniformity;
WHEREAS, the Clerk's Office has established a fee schedule that includes a fee for the
costs related to issuance of pawnbroker licenses, the code provisions regarding which do not
currently authorize such fee;
WHEREAS, the City Council of the City of Meridian finds that the health, safety, and
welfare of the public is adequately protected by these updated and clarified provisions regarding
massage therapists and private security services;
WHEREAS, garage sales are regulated by Title 3, Chapter 4, Meridian City Code,
regarding Outdoor Sales and Temporary Uses, and the former provisions regulating same should
be repealed;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 3, Chapter 1, Meridian City Code, is hereby repealed in its entirety,
and replaced with the following:
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 1 OF 12
3-1-1: LICENSES OR PERMITS REQUIRED:
No person shall engage in or carry on any trade, business, profession, or activity within the limits
of the city for which a license or permit is required by this title, or by any ordinance of the city,
without a current, valid license or permit required for that trade, business, profession, or activity.
A violation of this section shall be a misdemeanor, punishable by such fine and/or imprisonment
as established by Idaho Code. In addition to such penalty, any person violating any provision of
this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil
penalties. Each day upon which a violation of this section continues or occurs maybe deemed a
separate and distinct violation.
3-1-2: CRIMINAL INVESTIGATION OF APPLICANT:
As required by this title or other provision of city code, the City Clerk may require the applicant
to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints for purposes
of performing a criminal background investigation. The City Clerk may forward any and all
application materials and information to the Idaho State Police, the Federal Bureau of
Investigation, and/or the Meridian Police Department for purposes of performing a criminal
background investigation. The applicant shall pay to the City Clerk any and all fees for
fingerprinting and criminal background investigations as required by city code, which fees shall
be set forth in the fee schedule of the City Clerk's Office.
3-1-3: UNLAWFUL TO DISPLAY INVALID LICENSE OR PERMIT:
It shall be unlawful to display, wear, or assert the validity of a license or permit required by the
City of Meridian where such permit or license has been denied, revoked, expired, or otherwise
invalidated.
Section 2. That Meridian City Code § 3-5-2(B) is hereby amended as follows:
3-5-2: LICENSE REQUIRED; APPLICATION AND PROCEDURE:
B. Application For License: An application for such license shall be made to the city clerk in
such form and manner as the city clerk may prescribe. Such application shall be accompanied
by an application fee per fee schedule and shall include, but not necessarily be limited to, the
following information:
1. The name and address of the applicant, and if a partnership, the names and addresses of
each partner, and if a corporation or association, the names and addresses of the principal
stockholders, and the name and residence of the operating manager of the business.
2. Whether the applicant has had a similar license revoked by the city or any other city in this
state or of the United States or any state of the United States within the past five (5) years.
3. Whether the applicant or any principal or partner has been convicted of any felony or
misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and
the punishment or penalty assessed therefor.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 2 OF 12
4. The name and address of each employee of the business and whether that employee has
been convicted of any felony or misdemeanor, the nature of the offense, the date of
conviction, and the punishment or penalty assessed therefor.
Section 3. That Title 3, Chapter 6, Meridian City Code, is hereby repealed in its entirety,
and replaced with the following:
CHAPTER 6
MASSAGE THERAPISTS
3-6-1: DEFINITIONS:
For the purposes of this Chapter, the following words and derivations thereof shall be defined as
follows.
MASSAGE: Any method of manual manipulation of, pressure on or friction against, or rubbing,
stroking, kneading, slapping, pounding, tapping, vibrating or stimulating the external parts of the
human body with or without the aid of any mechanical or electrical apparatus, instrument or
appliance with or without such supplementary aids as oils, rubbing alcohol, liniments,
antiseptics, powders, creams, lotions, ointments or other similar preparations.
MASSAGE THERAPIST: Any person who engages in the practice of massage or provides a
massage for any consideration whatsoever.
3-6-2: CITY OF MERIDIAN MASSAGE THERAPIST LICENSE REQUIRED;
EXEMPTIONS:
A. It shall be unlawful for any person to engage in the practice of, or attempt to practice,
massage for a fee, for a gratuity, or for any consideration whatsoever without a valid City of
Meridian Massage Therapist License.
B. The following persons shall be exempt from all requirements of this chapter:
1. Persons authorized by the laws of the State of Idaho to practice medicine, surgery,
nursing, osteopathy, podiatry, physical therapy, or chiropractic.
2. Barbers and cosmetologists duly licensed under the laws of the State of Idaho.
3-6-3: APPLICATION FOR CITY OF MERIDIAN MASSAGE THERAPIST LICENSE:
A. Application for a City of Meridian Massage Therapist License shall be made to the City
Clerk, and shall be accompanied by the application fee as provided by fee schedule.
B. The application shall include the following information:
1. Applicant's name, residence address, and employment address.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 3 OF 12
2. Applicant's social security number.
3. Written proof that the applicant is at least eighteen (18) years of age.
4. Applicant's weight, height, hair color, and eye color.
5. Two (2) front face photographs of applicant taken within thirty (30) days prior to the date
of application and at least two inches by two inches (2" x 2") in size.
6. Applicant's business, occupation, and employment history in the five (5) years
immediately preceding the date of application.
7. Whether the applicant has ever had any massage or similar license or application denied,
revoked or suspended, and the reason therefor.
8. Whether the applicant has been convicted of, placed on probation, received a deferred
sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to
appear, or completed any sentence for any felony or misdemeanor.
9. Applicant's fingerprints, taken by the Idaho State Police.
C. Upon receipt of a complete application for a City of Meridian Massage Therapist License,
the City Clerk shall cause a criminal background investigation to be made, and shall refer all
applications to the Police Department for its recommendation.
3-6-4: LICENSE ISSUANCE; DENIAL; REVOCATION:
A. The City Clerk, upon receiving the recommendation of the Police Department, but no later
than forty-two (42) days from the date of submission of the completed application and all
application materials required by this chapter, shall determine if the qualifications and
conditions in this Chapter have been met and shall either issue or deny the license.
B. Each license shall expire at the end of one (1) year from the date of its issuance, unless
sooner revoked or surrendered.
C. The City Clerk shall deny a City of Meridian Massage Therapist License if it is found that:
1. The operation, as proposed by the applicant, if permitted, would not comply with all
applicable laws, including, but not limited to, any and all applicable building, zoning and
health regulations.
2. The applicant has been convicted of, paid any fine, been placed on probation, received a
deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for
failure to appear or completed any sentence of confinement for any felony.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 4 OF 12
3. The applicant has been convicted of, paid any fine, been placed on probation, received a
deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for
failure to appear or completed any sentence of confinement for any misdemeanor in the
five (5) years prior to the date of application, provided that non-moving traffic
misdemeanors shall not be a disqualifying condition.
4. The applicant has made any false, misleading, or fraudulent statement of fact in the
application or in any document required to be submitted in support thereof.
5. The applicant has had a similar permit or license denied, revoked, or suspended for any
causes by the City or any other state or local agency within five (5) years prior to the date
of the application.
6. The applicant is not over the age of eighteen (18) years.
Where the City Clerk denies an application for a City of Meridian Massage Therapist
License, the City Clerk shall notify the applicant of such denial in writing, which shall
include notice of the right to appeal such decision as set forth in this section. Written notice
of the denial shall be sent via U.S. mail to the applicant at the address set forth on the
application. The applicant may appeal the City Clerk's denial of a City of Meridian Massage
Therapist License by filing a written appeal according to the procedures set forth in this
chapter.
D. All persons licensed hereunder shall continue throughout the license period to have all of the
qualifications and none of the disqualifications as provided for in this Chapter. Upon a
violation of this chapter, the City Clerk may revoke a City of Meridian Massage Therapist
License, in addition to other applicable criminal and/or civil penalties. Where the City Clerk
revokes a City of Meridian Massage Therapist License, he shall notify the applicant of such
revocation in writing, which shall include notice of the right to appeal such decision as set
forth in this section. Written notice of the revocation shall be sent via U.S. mail to the
applicant at the address set forth on the application. The applicant may appeal the City
Clerk's revocation of a City of Meridian Massage Therapist License by filing a written
appeal according to the procedures set forth in this chapter.
E. The City Clerk's denial or revocation of a City of Meridian Massage Therapist License may
be appealed by filing a written appeal. The written appeal shall state the reasons for such
appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen
(14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a
public hearing on the appeal at a City Council meeting within thirty (30) days. Following a
public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's
action and shall issue written findings supporting such decision. The City Council's decision
on such appeal shall be a final decision, and maybe appealed to District Court according to
the provisions of the Idaho Administrative Procedures Act.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 5 OF 12
3-6-5: OPERATING AND SANITARY REQUIREMENTS:
A. Anyone providing a massage shall conspicuously display his or her City of Meridian
Massage Therapist License on the premises at which massages are conducted.
B. All massages shall be conducted in accordance with the following minimum requirements, in
addition to any and all applicable provisions of law, which may include, but shall not be
limited to, the Fire and Building Codes:
1. Every portion of the establishment, including, but not limited to, appliances, massage
tables, and equipment, shall be kept clean, sanitary, and in good repair at all times.
Specifically:
a. Showers and/or toilet facilities shall be cleaned and sanitized at least once each and
every day the establishment is in operation.
b. Tubs, baths, and similar equipment shall be emptied, thoroughly cleaned, disinfected,
and properly sanitized after each use.
c. Nondisposable instruments, equipment, and appliances shall be cleaned and
disinfected immediately after each use and stored in a manner that effectively
prevents contamination.
d. Massage tables, exercise tables, and benches shall have nonporous, easily cleanable
upholstery covering the entire top surface. Such equipment shall be cleaned and
disinfected after each use and stored in a manner that effectively prevents
contamination.
e. Each handwashing facility shall be equipped with hot and cold running water, soap,
and single-service towels or blow dryers at all times.
f. Common linens shall not be provided or used for any purpose. Towels, sheets, and
other linens shall be cleaned and sanitized after each use and stored in a manner that
effectively prevents contamination.
2. Massage therapists shall be clean, hygienic, and shall wear clean outer garments at all
times.
3. Massage therapists shall wash his or her hands thoroughly before and after administering
a massage or treatment on each patron, and as often as may be necessary to remove soil
and/or contamination, including, but not limited to, after using the toilet, smoking, or
eating.
4. No massage therapist shall administer a massage if he or she knows or should know that
he or she has any contagious or communicable disease or illness.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 6 OF 12
3-6-6: INSPECTIONS:
The Police, Fire, and/or Building Departments may, at any time during business hours, make an
inspection of any premises upon which a massage therapist is providing massages for the
purpose of ensuring compliance with this Chapter. It shall be unlawful for any licensee to fail or
refuse to allow such access to the premises or to hinder such officer in any manner.
3-6-7: PENALTY:
A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine
and/or imprisonment as established by Idaho Code. In addition to such penalty, any person
violating any provision of this Chapter shall be subject to any and all other applicable
administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter
continues or occurs maybe deemed a separate and distinct violation.
Section 4. That Title 3, Chapter 8, Meridian City Code, is hereby repealed in its entirety,
and replaced with the following:
CHAPTER 8
PRIVATE SECURITY SERVICES
3-8-1: DEFINITIONS:
For the purposes of this Chapter, the following words and derivations thereof shall be defined as
follows.
PRIVATE SECURITY SERVICES: Any private employer, service, or system which purports to
provide, or does provide, any watchman or guard to patrol, guard, or watch any property, or
which employs any person to perform any type of duty to guard, protect or maintain security,
peace, and order.
PRIVATE SECURITY AGENT: Any person who provides or performs private security services,
for any consideration whatsoever.
3-8-2: LICENSE REQUIRED; EXEMPTIONS:
A. It shall be unlawful for any person to provide, act as, employ, hire, conduct, operate or
maintain, or permit to be conducted, operated or maintained, or to participate in the conduct,
operation or maintenance of, private security services without a valid City of Meridian
Private Security Services License.
B. It shall be unlawful for any person to provide, act as, employ, or hire a private security agent
without a valid City of Meridian Private Security Services License.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 7 OF 12
C. This Chapter shall not apply to or include regularly appointed police officers of the 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 on duty.
3-8-3: APPLICATION FOR CITY OF MERIDIAN PRIVATE SECURITY SERVICES
LICENSE:
A. Application for a City of Meridian Private Security Services License shall be made to the
City Clerk, and shall be accompanied by the application fee as provided by fee schedule.
B. The application shall include the following information:
1. Applicant's name, residence address, and employment address.
2. Applicant's social security number.
3. Written proof that the applicant is at least eighteen (18) years of age.
4. Applicant's weight, height, hair color, and eye color.
5. Two (2) front face photographs taken within thirty (30) days of the date of application
and at least two inches by two inches (2" x 2") in size.
6. Applicant's business, occupation, and employment history in the five (5) years
immediately preceding the date of application.
7. Whether the applicant has ever had any security or similar license or application denied,
revoked or suspended, and the reason therefor.
8. Whether the applicant has been convicted of, placed on probation, received a deferred
sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to
appear, or completed any sentence of confinement for any felony or misdemeanor.
9. Applicant's fingerprints, taken by the Idaho State Police.
10. Written description and drawing of any uniform, clothing, uniform emblems, badges
and/or shoulder patches to be utilized or worn, describing and/or showing the color,
design and shape thereof.
11. Proof of 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 in the minimum limit of five hundred
thousand dollars ($500,000.00) for the result of any one occurrence or accident regardless
of the number of persons injured or the number of claimants.
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 8 OF 12
C. Upon receipt of a complete application for a Private Security Services License, the City Clerk
shall cause a criminal background investigation to be made and shall refer all applications to
the Police Chief or designee for recommendation.
3-8-4: LICENSE ISSUANCE; DENIAL; REVOCATION:
A. The City Clerk, upon receiving the recommendation of the Police Chief or designee, but no
later than forty-two (42) days from the date of submission of the completed application and
all application materials required by this chapter, shall determine if the qualifications and
conditions in this Chapter have been met and shall either issue or deny the license. Where
the City Clerk denies an application for a City of Meridian Private Security Services License,
she shall notify the applicant of such denial in writing, which shall include notice of the right
to appeal such decision as set forth in this section. Written notice of the denial shall be sent
via U.S. mail to the applicant at the address set forth on the application.
B. Each City of Meridian Private Security Services License shall expire at the end of one (1)
year from the date of its issuance, unless sooner revoked or surrendered.
C. The City Clerk shall deny a City of Meridian Private Security Services License if it is found
that:
1. The applicant is not over eighteen (18) years of age.
2. The applicant has been convicted of, paid any fine; placed on probation, received a
deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for
failure to appear for charges related to, or completed any sentence for any felony.
3. The applicant has been convicted of, paid any fine, been placed on probation, received a
deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for
failure to appear or completed any sentence of confinement for any misdemeanor in the
five (5) years prior to the date of application, provided that non-moving traffic
misdemeanors shall not be a disqualifying condition.
4. The applicant has made any false, misleading, or fraudulent statement of fact in the
application or in any document required to be submitted in support thereof.
5. The applicant has had a similar permit or license denied, revoked, or suspended for any
causes by the City or any other state or local agency within five (5) years prior to the date
of the application.
6. The applicant is not over the age of eighteen (18) years.
Where the City Clerk denies an application for a City of Meridian Private Security Services
License, the City Clerk shall notify the applicant of such denial in writing, which shall
include notice of the right to appeal such decision as set forth in this section. Written notice
of the denial shall be sent via U.S. mail to the applicant at the address set forth on the
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 9 OF 12
application. The applicant may appeal the City Clerk's denial of a City of Meridian Private
Security Services License by filing a written appeal according to the procedures set forth in
this chapter.
D. All persons licensed hereunder shall continue throughout the license period to have all of the
qualifications and none of the disqualifications as provided for in this Chapter. Upon a
violation of this chapter, the City Clerk may revoke a City of Meridian Private Security
Services License, in addition to other applicable criminal and/or civil penalties. Where the
City Clerk revokes a City of Meridian Private Security Services License, the City Clerk shall
notify the applicant of such revocation in writing, which shall include notice of the right to
appeal such decision as set forth in this section. Written notice of the revocation shall be sent
via U.S. mail to the applicant at the address set forth on the application. The applicant may
appeal the City Clerk's revocation of a City of Meridian Private Security Services License by
filing a written appeal according to the procedures set forth in this chapter.
E. The City Clerk's denial or revocation of a City of Meridian Private Security Services License
maybe appealed by filing a written appeal. The written appeal shall state the reasons for
such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within
fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall
schedule a public hearing on the appeal at a City Council meeting within thirty (30) days.
Following a public hearing on the appeal, City Council shall either affirm or reverse the City
Clerk's action and shall issue written findings supporting such decision. The City Council's
decision on such appeal shall be a final decision, and may be appealed to District Court
according to the provisions of the Idaho Administrative Procedures Act.
3-8-5: OPERATING REQUIREMENTS:
A. It shall be unlawful for any private security agent to use or authorize the use of any uniform,
clothing, uniform emblems or shoulder patches having a color, design andlor shape such as
makes 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 City
Police Department. All private security agents shall wear a badge or tape reading "private
security service" on the left breast of any and all uniforms and/or clothing.
B. 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 contrary to or in violation of any other provision of law.
3-8-6: PENALTY:
A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine
and/or imprisonment as established by Idaho Code. In addition to such penalty, any person
violating any provision of this Chapter shall be subject to any and all other applicable
ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 10 OF 12
administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter
continues or occurs maybe deemed a separate and distinct violation.
Section 5. That Title 3, Chapter 4, Section 9 of Meridian City Code is hereby repealed in
its entirety.
Section 6. That this ordinance shall be effective immediately upon its passage and
approval. f '/
PA SED by the City Council of the City of Meridian, Idaho, this ~ day of
2009.
PROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of
2009.
APPROVED:
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ORDINANCE UPDATING LICENSING CODE PROVISIONS
ATTEST: `\`\`~~~~~~""""'r~-,,,~~~~Tammy eerd, Mayor
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Jaycee lm ,City €ler $~i;~]L
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