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Home My WebLink AboutORD 3276BILL NO. 18 ORDINANCE NO. 3276 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, PERTAINING TO THE REQUIREMENT SET FORTH IN CHAPTER 10, ARTICLE 02, SECTION 10-02-13, OF THE CALDWELL CITY CODE, THAT ONE OR MORE NATIONAL FINGERPRINT -BASED BACKGROUND CHECKS BE SUBMITTED IN CONNECTION WITH APPLICATIONS FOR LICENSES FOR TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, AND MOBILE FOOD UNITS AND SPECIAL EVENTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. WHEREAS, Caldwell City Code, at Chapter 10, Article 02, Section 13, relating to Temporary Use Merchants, Transient Merchants, and Mobile Food Units and Special Events, includes a requirement, at Section 10-02-13(5)(D), necessitating that any person seeking a license for such activities must obtain from the Idaho State Police, a national fingerprint -based background check, for themselves and for any person who will be employed "on site" and interacting with members of the public at the location of such activities, and direct that such results be sent directly to the City Clerk, as a requirement associated with issuance of a license for such activities; WHEREAS, the ability of an applicant seeking a license under the Caldwell City Code section cited above to obtain a national, fingerprint -based background check is dependent upon the Idaho State Police and Federal Bureau of Investigation giving final approval to the amendments to Chapter 10, Article 02, of the Caldwell City Code, set forth in Bill No. 53, Ordinance No. 3245, of the City of Caldwell, adopted on March 2, 2020, which final approval had not been received as of the date of this ordinance; and WHEREAS, the Mayor and City Council desire to allow applicants seeking a license under Chapter 10, Article 02, of the Caldwell City Code, who otherwise meet every other requirement and qualification necessary to receive such a license, be issued the requested license provisionally, subject to the terms and conditions set forth below, until such time as the applicant is able to obtain the background checks referenced above. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. From the effective date of this ordinance and continuing until September 1, 2020, if any person applies for and meets all other requirements and qualifications necessary for the issuance of a license pursuant to Chapter 10, Article 02, Section 13, of the Caldwell City Code, with the exception of submission of a national fingerprint -based background check, for themselves and for any person who will be employed "on site" and interacting with members of the public at the location of such licensed activities, such applicant shall be issued a provisional license to conduct the intended activities, subject to the conditions set forth herein. All provisional licenses PAGE - I issued pursuant to the authority set forth herein shall expire at 12:00 am on September 1, 2020, if not terminated earlier. Section 2. As soon as the City of Caldwell receives notice of approval from the Idaho State Police and/or Federal Bureau of Investigation for the amendments to Chapter 10, Article 02, Section 13, of the Caldwell City Code, set forth in Bill No. 53, Ordinance No. 3245, of the City of Caldwell, adopted on March 2, 2020, thereby allowing an applicant to obtain the required national fingerprint based background checks, the Planning and Zoning Director, or his designee, is hereby directed to cease issuing any further provisional licenses based on the authority provided in this ordinance. The Planning and Zoning Director, or his designee, is further directed and authorized to give thirty (30) days' notice to any applicant who has received a provisional license to immediately seek all national fingerprint -based background checks that would have been required at the time of application, and to direct that the results be sent directly to the City Clerk. Unless said background checks are received by the City Clerk within thirty (30) days of the date of said notice, said applicant's provisional license shall immediately terminate and expire, and the applicant shall cease all activities associated with said expired provisional license. Section 3. Upon receipt of the required background checks, the City Clerk shall investigate and evaluate the applicant's fitness for licensing under Chapter 10, Article 02, of the Caldwell City Code. Following that evaluation, the Planning and Zoning Director, or his designee, shall either issue a (non -provisional) license to the applicant or notify the applicant that their provisional license has been terminated as a result of the investigation. Section 4. This ordinance shall be in frill force and effect from and after its passage, approval, and publication, according to law. Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 6. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 4th day of May, 2020. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 4th day of May, 2020. (�w'i•'0`^— _- — ATTEST: Mayor Garret Nancolas �.�'0F,:A;�J�'•, City C erk, Debbie G°mop, (or Deputy) ' JAN 15 �1_ ••P Q "I; 0•••.8"�' PAGE -2 ,1, �bUN �.•`• � lot ...... I'll ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3276 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, PERTAINING TO THE REQUIREMENT SET FORTH IN CHAPTER 10, ARTICLE 02, SECTION 10-02-13, OF THE CALDWELL CITY CODE, THAT ONE OR MORE NATIONAL FINGERPRINT -BASED BACKGROUND CHECKS BE SUBMITTED IN CONNECTION WITH APPLICATIONS FOR LICENSES FOR TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, AND MOBILE FOOD UNITS AND SPECIAL EVENTS;. PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections 1 through 3: Applications for certain licenses (listed in the title, above) require submission of one or more national, fingerprint -based background checks. In recognition that applicants for such licenses cannot obtain the required background checks until the Federal Bureau of Investigation and/or the Idaho State Police have approved of recent changes to the Caldwell City Code (See Ordinance No. 3245), this ordinance will temporarily allow such applicants to receive a provisional license, subject to the requirement that the applicant obtain all required background checks as soon as possible. Sections 4 through 6: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3276 provides an effective date, which shall be on the 12th day of May, 2020. Ordinance No. 3276 was passed by the Council and approved by the Mayor on the 4th day of May, 2020. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 4th day of May, 2020, for publication on the 12th day of May, 2020, pursuant to Idaho Code § 50-901 A. Mayor Garret Nancolas ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR 1 have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3276 and provides adequate notice to the public as to the contents of such ordinance. DATED is 4th day of May, 2020. Mark ttorney for City of Caldwell