TITLE 4: BUSINESS REGULATIONS:

4-1: ALCOHOLIC BEVERAGES:

ARTICLE I – GENERAL

4-1-1: APPLICABILITY:

A.  This chapter shall supplement the regulations set forth in Idaho Code Title 23. In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.

B.  The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise.

C.  This chapter shall not apply to liquor stores regulated by the State of Idaho. (Ord. 2026-6, 5 May 2026)

4-1-2: DEFINITIONS:

Certain terms used in this Chapter shall have the meanings ascribed below:

ALCOHOL BEVERAGE CATERING PERMIT:  The same as defined in Idaho Code 23-934A, as may be amended from time to time.

BAR:  An establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, including wineries and breweries, that does not qualify as a restaurant, as defined in this chapter.

BEER:  The same as defined in Idaho Code 23-1001, as may be amended from time to time.

BAR PATIO:  An outdoor area subordinate, accessory, and adjacent to a bar where, in addition to being served within the bar, beer, wine, and/or liquor by the drink may be consumed. A bar patio is distinct from a restaurant patio, as defined within this chapter.

BUILDING OFFICIAL:  Minidoka County Building Official or designee.

BUILDING LICENSING COORDINATOR:  Minidoka County Building Official or designee.

COMMUNITY DEVELOPMENT DIRECTOR:  The Mayor of the City of Minidoka or designee.

CONVENTION:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

FESTIVAL:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

FIRE CHIEF:  Minidoka County Fire Protection District Chief or designee.

LICENSEE:  Any person, corporation, partnership, organization, or other entity to which a license has been issued by the City pursuant to this chapter.

LIQUOR:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

LIQUOR-BY-THE-DRINK LICENSE:  A license issued by the City to sell and serve liquor by the individual drink for consumption on the premises.

PARTY:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

PREMISES:  All lands, structures, places, equipment, and appurtenances connected or used therewith, whether privately or publicly owned, and including any personal property or vehicle on said premises.

RESTAURANT:  An establishment where food and drink are prepared, served, and consumed primarily within the principal building where there may or may not exist alcohol licensed service, and where food and non-alcoholic beverages account for at least sixty percent (60%) of the gross retail sales.

RESTAURANT PATIO:  An area subordinate, accessory, and adjacent to a restaurant where food and drink are served. A restaurant patio is distinct from a bar patio, as defined within this chapter.

RETAIL WINE LICENSE:  A license issued by the City to sell wine in its original, unopened container at retail for consumption off the premises.

RETAIL BEER OFF-PREMISES LICENSE:  A license issued by the City to sell beer in its original, unopened container at retail for consumption off the premises.

RETAIL BEER ON-PREMISES LICENSE:  A license issued by the City to sell and serve beer by the individual glass, can, or bottle for consumption on the premises.

SHERIFF:  The Minidoka County Sheriff or designee.

WINE:  The same as defined in Idaho Code 23-1303, as may be amended from time to time.

WINE-BY-THE-DRINK LICENSE:  A license issued by the City to sell and serve wine by the individual glass or by the bottle for consumption on the premises. (Ord. 2026-6, 5 May 2026)

4-1-3: LICENSE OR PERMIT REQUIRED; LICENSED PREMISES; DISPLAY MANDATORY:

A.  It shall be unlawful to sell: a) beer within the City without a retail beer off-premises license or retail beer on-premises license; b) wine within the City without a retail wine license or wine-by-the-drink license, unless pursuant to a wine sponsored event as set forth in Idaho Code 23-1338, as may be amended from time to time; and c) liquor by the drink within the City without a liquor-by-the-drink license. A business license issued by the City pursuant to City code shall not be required if wine is sold within the City pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

B.  It shall be unlawful to serve and/or sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time. It shall also be unlawful to sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is not open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

C.  A license or permit issued pursuant to this chapter shall a) only be valid for the premises covered by such license or permit, and b) be posted and displayed in a conspicuous place within the premises covered by such license or permit. (Ord. 2026-6, 5 May 2026)

4-1-4: AGE OF APPLICANTS:

Unless otherwise provided by law, applicants for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, liquor-by-the-drink license, or alcohol beverage catering permit shall be at least twenty-one (21) years of age. (Ord. 2026-6, 5 May 2026)

4-1-5: TRANSFERS:

A retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original license and subject to a fee, as set by resolution of the City Council. A bar patio or restaurant patio approval may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original approval. (Ord. 2026-6, 5 May 2026)

4-1-6: CONSUMPTION AND OPEN CONTAINER IN PUBLIC PLACES:

No person shall consume any beer, wine, liquor, or any other alcoholic beverage or have in his or her possession any open containers or receptacles containing any beer, wine, liquor, or any other alcoholic beverage on any public parks, grounds, streets, alleys, sidewalks, or rights-of-way, or on privately owned parking lots open to the public within the City, or at any other place therein, unless pursuant to a valid license or permit issued pursuant to City Code. (Ord. 2026-6, 5 May 2026)

4-1-7: APPROVAL REQUIRED FOR SERVING AND/OR SELLING OUTSIDE PREMISES:

It shall be unlawful for a person or business to serve and/or sell beer, wine, or liquor by the drink at any place outside of premises with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, unless:

A.  With approval from the City for a restaurant patio;

B.  With approval from the City for a bar patio; or

C.  Pursuant to an alcohol beverage catering permit issued by the City. (Ord. 2026-6, 5 May 2026)

4-1-8: OUTDOOR CONSUMPTION OF BEER, WINE, OR LIQUOR AT A LICENSED RETAIL ESTABLISHMENT PROHIBITED:

The outdoor consumption of beer, wine, or liquor purchased at an establishment with a retail beer on-premises license, wine-by-the-drink license and/or liquor-by-the-drink license shall be prohibited; provided, however, that an on-site, outdoor consumption of beer, wine, or liquor may be permitted within a restaurant patio or bar patio or pursuant to an alcohol beverage catering permit issued by the City, meeting the criteria and conditions as provided hereafter and upon receiving approval from the City. (Ord. 2026-6, 5 May 2026)

4-1-9: PENALTY:

Unless otherwise provided by law, a person or entity found to be in violation of this chapter shall be guilty of a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for not more than six (6) months, or both.

4-1-10: SEVERABILITY:

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. 2026-6, 5 May 2026)

ARTICLE II – BEER AND WINE

4-1-11: APPLICATION FOR LICENSE OR RENEWAL; FEE:

A.  An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.

B.  An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, shall be accompanied by a fee, as set by resolution of the City Council.

C.  Upon receipt by the City Clerk of a completed application and fee for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall create a file for the application.

D.  Recommendations on an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be solicited from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof within twenty-one (21) calendar days of the City Clerk receipt of a completed application and fee, in accordance with Idaho Code 23-1016 and 23-1318, as applicable and as amended from time to time.

E.  If the City Clerk denies an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such a denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the US mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-12: APPEALS:

A.  An applicant aggrieved by a written denial of the City Clerk may appeal such written denial to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days of receipt of such written denial, in accordance with Idaho Code 23-1016, as applicable and as amended from time to time. The notice of appeal shall specify the grounds for appeal.

B.  If an appeal is not filed within fifteen (15) calendar days of receipt of the City Clerk’s written denial, then the City Clerk’s written denial shall be final.

C.  The City Council shall hold a hearing on the appeal within thirty (30) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply.

D.  The City Council shall issue a written decision within twenty (20) calendar days after the hearing. The City Council may affirm, reverse, or modify the City Clerk’s denial. The City Council’s decision shall be final.

E.  An applicant aggrieved by a final decision of the City Council is entitled to judicial review only as provided by law. (Ord. 2026-6, 5 May 2026)

4-1-13: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:

A.  In accordance with Idaho Code 23-1042, as may be amended from time to time:

1.  The City Clerk shall have the same powers to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license as are granted to the director of the Idaho State Police; and

2.  The City Clerk’s determination to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be upon the same grounds set forth in Idaho Code 23-1037, as may be amended from time-to-time, and/or that the licensee violated this chapter.

B.  The procedure to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be governed by Idaho Code 23-1042 and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.

C.  A person or entity whose retail beer off-premises license, retail beer on-premises license, retail wine license, and/or wine-by-the-drink license was revoked or suspended shall immediately surrender such license(s) to the City Clerk. (Ord. 2026-6, 5 May 2026)

4-1-14: HOURS OF SALE:

Beer and wine may be sold pursuant to a retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license, as applicable, until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-1012 and 23-1318, as applicable and as amended from time to time. (Ord. 2026-6, 5 May 2026)

4-1-15: CHURCHES AND SCHOOLS:

A retail beer on-premises license or wine-by-the-drink license shall not be issued for any place where beer or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)

ARTICLE III – LIQUOR-BY-THE-DRINK

4-1-16: APPLICATION FOR LICENSE OR RENEWAL; FEE:

A.  An application for a liquor-by-the-drink license or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.

B.  An application for a liquor-by-the-drink license or renewal thereof shall be accompanied by a fee, as set by resolution of the City Council.

C.  Upon receipt by the City Clerk of a completed application and fee for a liquor-by-the-drink license or renewal thereof, the City Clerk shall create a file for the application.

D.  The City Clerk shall:

1.  Solicit recommendations on an application for a liquor-by-the-drink license or renewal thereof from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety; and

2.  Schedule the application for consideration by the City Council.

E.  The City Council shall approve or deny an application for a liquor-by-the-drink license or renewal thereof within forty-five (45) calendar days of the City Clerk’s receipt of a completed application and fee.

F.  If the City Council denies an application for a liquor-by-the-drink license the City Council shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the liquor-by-the-drink license, or renewal thereof.

G.  The City Council’s decision on an application for a liquor-by-the-drink license or renewal thereof shall be final. (Ord. 2026-6, 5 May 2026)

4-1-17: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:

A.  In accordance with Idaho Code 23-933B, as may be amended from time-to-time:

1.  The City Council shall have the same powers to revoke, suspend, or deny renewal of a liquor-by-the-drink license as are granted to the director of the Idaho State Police; and

2.  The City Council’s determination to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be upon the same grounds set forth in Idaho Code 23-933, as may be amended from time-to-time, and/or that the licensee violated this chapter.

B.  The procedure to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be governed by Idaho Code 23-933B and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.

C.  A person or entity whose liquor-by-the-drink license was revoked or suspended shall immediately surrender such license to the City Clerk. (Ord. 2026-6, 5 May 2026)

4-1-18: HOURS AND DAYS OF SALE:

A.  Liquor by the drink may be sold pursuant to a liquor-by-the-drink license until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-927, as applicable and as amended from time to time.

B.  Liquor by the drink may be sold pursuant to a liquor-by-the-drink license on Sundays, Memorial Day, and Thanksgiving within the City, in accordance with Idaho Code 23-927, as may be amended from time to time. (Ord. 2026-6, 5 May 2026)

4-1-19: CHURCHES AND SCHOOLS:

A liquor-by-the-drink license shall not be issued for any premises in any neighborhood that is predominantly residential or within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)

ARTICLE IV – ALCOHOL BEVERAGE CATERING PERMIT

4-1-20: APPLICATION FOR PERMIT; FEE:

A.  Idaho Code 23-934A and 23-934B, as may be amended from time-to-time, shall govern the application, processing, and approval requirements for alcohol beverage catering permits issued by the City.

B.  An application for an alcohol beverage catering permit shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk at least fourteen (14) calendar days before the applicable party or at least twenty-one (21) calendar days before the applicable festival or convention. An application for an alcohol beverage catering permit shall be accompanied by a:

1.  Detailed site plan and/or floor plan showing the area where liquor by the drink, beer, and/or wine will be served and locations of exits; and

2.  Filing fee in the amount required by Idaho Code 23-934A, as may be amended from time-to-time.

C.  Upon receipt by the City Clerk of a completed application for an alcohol beverage catering permit, the City Clerk shall forward the application to the Sheriff and Fire Chief. If the party, festival, or convention will occur at a City park, then the City Clerk shall also forward the application to the Mayor. The Sheriff, Fire Chief, and Mayor, as applicable, shall make recommendations on an application for an alcohol beverage catering permit, which recommendations may include conditions to ensure public safety.

D.  The City Clerk shall approve or deny applications for alcohol beverage catering permits, in accordance with Idaho Code 23-934B, as may be amended from time to time.

E.  If the City Clerk denies an application for an alcohol beverage catering permit, the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the alcohol beverage catering permit. (Ord. 2026-6, 5 May 2026)

4-1-21: PERMIT REVOCATION:

The City Clerk may revoke an alcohol beverage catering permit if:

A.  A term or condition of the alcohol beverage catering permit is violated by the holder of the alcohol beverage catering permit; and/or

B.  The holder of the alcohol beverage catering permit violates this chapter or applicable state or federal law in the course of serving alcohol under the alcohol beverage catering permit; and/or

C.  It is found, after issuance, that alcohol cannot be safely served under the alcohol beverage catering permit; and/or

D.  It is found, after issuance, that the alcohol beverage catering permit was issued pursuant to false, inaccurate, or incomplete information on the application. Written notice of such revocation shall be delivered to the holder of the alcohol beverage catering permit by personal service or certified mail. (Ord. 2026-6, 5 May 2026)

ARTICLE V – BAR PATIO

4-1-22: BAR PATIO APPROVAL OR DENIAL PROCESS:

A.  A request for a bar patio shall be made, in writing, as part of a new business license application or as an amendment or addition to an existing business license, and shall be submitted to the City Clerk along with:

1.  A detailed site plan showing the area where beer, wine, or liquor will be served and locations of exits in the bar patio, and

2.  A seating plan for the bar patio, and

3.  A letter approving the site from the Idaho State Police, and

4.  A certificate of occupancy issued by the Minidoka County Building Official.

B.  Upon receipt of a request for a bar patio, the City Clerk shall solicit recommendations from the Sheriff; Fire Chief; and Mayor. Such recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny a request for a bar patio, with or without conditions, within twenty (20) business days of receipt of a completed request.

C.  If the City Clerk denies a request for the bar patio, then the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain approval for a bar patio.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-23: APPEALS:

An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)

4-1-24: BAR PATIO REQUIREMENTS:

A.  A bar patio may be located on the same premises as a bar.

B.  A bar patio shall have direct access into and from the associated bar and shall have no other entrance or exit, unless required and authorized by the Fire Chief and Sheriff.

C.  A bar patio shall be monitored to ensure compliance with alcohol service and consumption laws.

D.  Ingress and egress for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, and shall be approved by the Building Official and Fire Chief.

E.  Materials, design, and arrangement of seating and enclosures for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, as determined by the Building Official and Fire Chief.

F.  If beer or wine, but not liquor by the drink, will be served within a bar patio, then such bar patio shall be enclosed on all sides by a fence, wall, or temporary partition that is at least thirty-six inches (36″) in height, which clearly designates the area in which beer or wine may be consumed. If said fence, wall, or temporary partition contains a gate, then said gate shall also be at least thirty-six inches (36″) in height and shall be kept closed and locked, unless:

1.  Used for loading or unloading purposes, or

2.  As otherwise required by the fire marshal. Said gate shall have a sign stating that no alcohol is allowed beyond the gate.

If liquor by the drink will be served within a bar patio, then such bar patio shall be enclosed on all sides by a sight-obscuring fence or wall that is at least seventy-two inches (72″) in height, which fence or wall shall be anchored into the ground or otherwise securely affixed so it is not readily movable. If said fence or wall contains a gate, then said gate shall also be sight-obscuring and shall be at least seventy-two inches (72″) in height. Said gate shall be kept closed and locked, unless:

1.  Used for loading or unloading purposes, or

2.  As otherwise required by the Fire Chief. Said gate shall have a sign stating that no alcohol is allowed beyond the gate. (Ord. 2026-6, 5 May 2026)

ARTICLE VI – RESTAURANT PATIO

4-1-25: CONDITIONS FOR APPROVAL OF A RESTAURANT PATIO:

Upon proper application, approval for a restaurant patio may be granted as an addition to an existing business license or as part of a new business license, upon meeting the following criteria and conditions:

A.  A restaurant patio shall be operated by an adjacent restaurant maintaining a current City business license.

B.  A restaurant patio shall not extend more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the restaurant patio is a part.

C.  The property owner shall maintain all areas adjacent to and including areas where tables and chairs are located in a clean and sanitary manner, including the provision of appropriate trash receptacles. Maintenance shall include sweeping on a daily basis any adjacent right-of-way where the restaurant patio is located and the immediate clearing of any food debris, broken glass, and other trash. Materials associated with the restaurant shall be removed from the right-of-way by sweeping and picking up or vacuuming. Debris shall not be swept, washed, hosed, or blown into the adjacent streets and/or parking areas.

D.  The City reserves the right to preclude the placement or use of outdoor tables or other street furniture on city property during special public events or parades where due to overcrowding, congestion, or other public safety concerns, the use or placement may create a hazard and/or interfere with the general health and safety of the public. The Sheriff or designee is authorized to place further restrictions on consumption of beer, wine, and liquor during special events or parades as deemed necessary.

E.  The ratio of outdoor seats to indoor seats shall not exceed one (1) outdoor seat for each three (3) seats inside the restaurant.

In addition to subsections (A) through (E) of this section, a restaurant patio serving beer, wine, and/or liquor must meet subsections (F) through (K) of this section.

F.  A necessary and valid liquor-by-the-drink license, retail beer on-premises license, and/or wine-by-the-drink license shall have already been issued or be issuable to the restaurant for consumption within the restaurant and in the outside areas as defined in the approved site plan drawing.

G.  The restaurant patio shall be a bona fide restaurant and may be required to demonstrate or report to the satisfaction of the city or its designee that it has maintained at least sixty percent (60%) of gross retail sales from the sale of food and nonalcoholic beverages through reports submitted with the application for a restaurant patio on public sidewalks. Such demonstration or report shall contain copies of sales tax receipts and other documents including those prepared for the Idaho Tax Commission if required by the City.

H.  Beer, wine, and/or liquor shall only be sold and consumed at a restaurant patio during the respective days and timeframes set forth in this chapter. No person other than the business owner or an employee of the business shall serve any beer, wine, or liquor consumed on-site at a restaurant patio, unless pursuant to an alcohol beverage catering permit issued by the City or a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

I.  The business owner shall be responsible for making sure guests do not leave the restaurant patio area with beer, wine, or liquor. No beer, wine, or liquor shall be authorized beyond the area described by subsection (J) of this section.

J.  Temporary partitions thirty-six (36) inches in height shall be installed to clearly designate the area in which beer, wine, and liquor may be consumed. Beer, wine, and liquor shall not be consumed outside the area so designated. Temporary partitions shall receive prior approval from the City and shall be placed in such a manner as to not obstruct pedestrian traffic, damage the sidewalk, or constitute a safety hazard.

K.  A sign shall be placed at all exits of the restaurant patio. This sign shall be at least eight and one-half (8 1/2″) inches by eleven (11″) inches and displayed at a height of at least five (5′) feet. Said sign shall read, “It is unlawful on these premises to consume alcoholic beverages not purchased at [premises name] or to remove the same from the boundaries of this sidewalk café.” (Ord. 2026-6, 5 May 2026)

4-1-26: ENCROACHMENT OF RESTAURANT PATIO ON CITY RIGHT-OF-WAY:

A restaurant patio may be licensed to encroach onto city right-of-way on the following conditions:

A.  All the conditions set forth in section 4-1-25 are satisfied.

B.  There shall be a continuous forty-two (42) inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions, and other obstructions to allow persons to pass the restaurant patio. For the purposes of this policy, other obstructions shall include, but not be limited to, light poles, sign poles, building fronts, trees, or other permanent street furniture and/or fixtures. The holder of the license with approval for a restaurant patio shall be responsible for preserving this forty-two (42) inch clear passage at all times.

C.  Table umbrellas shall be permitted under the following conditions:

1.  The minimum height of the umbrella canopy shall be seven (7) feet;

2.  No umbrella shall obstruct any street signs; c) No portion of an umbrella shall encroach on the forty-two (42) inch passage area.

D.  Furniture or partitions may only be installed within the right-of-way or to any object within the right-of-way with the permission of the Mayor or designee. Said permission may require the posting of a bond to cover the expenses of potential damage to the right-of-way or improvements contained therein. (Ord. 2026-6, 5 May 2026)

4-1-27: CONTENTS OF APPLICATION:

Prior to the approval for a restaurant patio associated with an adjacent restaurant and for a restaurant patio associated with an adjacent restaurant to encroach onto City right-of-way, an application for a restaurant patio shall be made, in writing, on a form furnished by the City, and shall be submitted to the City Clerk. Such application shall be accompanied by the following:

A.  A copy of any required encroachment permit;

B.  A detailed site plan showing the area where beer, wine, or liquor will be served, if applicable, and locations of exits in the restaurant patio;

C.  A scale drawing of proposed locations of tables, chairs, and partitions to designate the proposed restaurant patio area;

D.  A letter approving the site from the Idaho State Police if beer, wine, or liquor will be served in the restaurant patio;

E.  Any information requested by the City to ensure compliance with conditions and regulations of restaurant patios provided above;

F.  A fee, as set by resolution of the city council; and

G.  When beer, wine, or liquor is proposed to be served at the restaurant patio, proof of necessary State of Idaho, Minidoka County, and City alcohol licenses. (Ord. 2026-6, 5 May 2026)

4-1-28: APPLICATION APPROVAL OR DENIAL:

The City Clerk shall, after the review and recommendation by the Mayor, approve or deny an application for a restaurant patio within twenty (20) business days of the City Clerk’s receipt of a completed application. If the City Clerk denies an application for a restaurant patio, then the City Clerk shall explain the following in writing:

A.  Statutes, ordinances, and standards used in evaluating the application;

B.  Reasons for denial; and

C.  The actions, if any, that the applicant could take to obtain approval for a restaurant patio.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-29: APPEALS:

An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)

4-2: RESERVED:

4-3: RESERVED:

4-4: JUNKYARDS:

4-4-1: DEFINITIONS:

AUTOMOBILE GRAVEYARD:  Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

DUMP:  Any place or area where junk is deposited, stored or kept.

JUNK:  Old or scrap copper, brass, rope, rags, battery, plastic, paper, trash, rubber, debris, waste, or junk, dismantled or wrecked automobiles or parts thereof, iron, steel or other old or scrap ferrous or nonferrous material.

JUNKYARD:  An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operating of an automobile graveyard or for the operation or maintenance of a business which is maintained, used or operated for storing, keeping, buying or selling wrecked or dismantled machinery, and shall also include dumps, whether exclusively or in conjunction with other business.

MACHINERY:  All articles of domestic farm or industrial machinery or equipment, any and all metal or wooden machinery motors, apparatus, tools or property.

MAINTAIN:  To allow to exist.

MOTOR VEHICLE:  Any vehicle power propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners, or slides and to transport persons or property or pull machinery, including, but not limited to, automobiles, trucks, tractors, motorcycles, buggies or wagons.

PERSON:  Any person, firm, partnership, association, corporation or other business units or devices. (Ord. 2026-6, 5 May 2026)

4-4-2: LICENSE FEE:

No person shall operate, establish or maintain a junkyard in the city without obtaining a license from the city, issued by the city clerk after approval by the city council, and the license for such junkyard and each renewal thereof shall be issued on a calendar year basis and shall expire on December 31 following the date of issuance. The fee for such license shall be set from time to time by resolution of the city council and must be paid to the city clerk in advance of issuance of any license. (Ord. 2026-6, 5 May 2026)

4-4-3: REQUIREMENTS FOR LICENSES:

A.  Application Information: A person applying for a junkyard license under this section shall prepare, sign and submit to the City Clerk an application which shall contain the following information:

1.  The name, residence, address and telephone number of the applicant. In the case of partnerships or joint ventures, it shall include the names, residences and telephone numbers of all general and/or limited partners or joint venturers; in the case of corporations, it shall include the names, addresses and telephone numbers of all officers and directors of said corporation.

2.  The trade name or proposed trade name of the junkyard, its mailing address and street address (if different) and telephone number.

3.  The legal description of the real property on which the junkyard is to be located and a statement of the number of acres the junkyard will encompass within the mandatory fence.

4.  Attached to the application shall be a reasonably accurate sketch of the junkyard layout showing at least the fence perimeter, points of access to the junkyard, surrounding roads, any structures or buildings placed or to be placed on the property, and notations of easements of record.

5.  If different from any specification above, the name, address and telephone number of the owner or owners of the real property and the name, address and telephone number (if available) of any lien or easement holders of the land.

6.  The application must be signed by the applicant under oath. In the case of partnerships, all general partners must so sign and in the case of joint ventures, all joint venturers must so sign, and in the case of corporations, the authorized agent making application must sign under oath, and there must be an adequate indication on the application that such agent has been duly authorized, and that such application is properly attested to by the appropriate corporate officer.

7.  A statement that all other necessary waivers, licenses, and obligations lawfully imposed have been or will be met and obtained, and that all laws of the state of Idaho and all ordinances, rules, regulations and restrictions of any kind of the state of Idaho, or any of its subdivisions, or any federal agency have been or will be fully complied with, including, but not limited to: city and county zoning requirements, health requirements, sanitation requirements, safety requirements, environmental protection requirements and building codes.

B.  Requirements For Issuance: No license may be issued until and unless the following requirements have been fully met:

1.  That an application completed as above described has been placed on file with the City. In the case of persons having previously placed an application on file, it shall be sufficient to submit a statement under oath that the application is current in all respects and that the information contained therein is correct. If the information on file is not correct, or is in any manner incorrect, or has become obsolete, then a revised or supplementary application may be filed in lieu of a complete reapplication. Such a revised or supplementary application must be signed under oath as above provided.

2.  A fence at least eight feet (8′) in height must be constructed around the perimeter of the proposed junkyard out of some substantial material which prevents observation of any and all junk and other material or objects to be located and placed within the confines of said junkyard. Such fence will be of such substantial quality as to reasonably discourage unauthorized entrance, particularly by minor children. Also, to the extent possible, such fence shall be as reasonably aesthetic in appeal as possible. If a fence which otherwise complies with this subsection is constructed of wood but over time natural shrinkage allows some gaps to form so that some amount of observation through the fence of the material beyond the fence is permissible, such fence shall, nevertheless, be deemed to be in compliance with this subsection. Except for the foregoing shrinkage provision applying only to wooden fences, any fence constructed under this subsection must also be maintained so that it continues to meet the requirements of this subsection.

3.  The confines within the fenced junkyard area shall occupy a contiguous tract of land of not less than ten (10) acres.

4.  The frontage of a junkyard shall be a minimum of six hundred feet (600′) and a maximum of eight hundred feet (800′). The shape of the junkyard shall be reasonably square whenever possible.

5.  No portion of a new junkyard shall be within two (2) miles of an existing junkyard already licensed under the provisions herein.

6.  Respecting new junkyards, such junkyard site location can be disapproved if such location would, in the reasoned and considered opinion of the city council, frustrate economical, safe, orderly and well planned present or future development of the city, regardless of present city layout and/or city or county zoning requirements.

7.  In the case of new junkyards, the proposed site must be appropriately zoned prior to license issuance.

8.  The City Clerk must have previously received the license fee in full. This fee is nonrefundable.

C.  Renewals: Renewals of the license as herein described will be issued only upon full compliance with the above provisions except as hereinafter provided.

D.  Waiver Of Full Compliance:

1.  In the case of already operating and licensed junkyards which were operating as such and duly licensed and in otherwise full compliance with the previously enacted and partially herewith repealed junkyard ordinances, such junkyards are granted waiver of compliance as to the following requirements as herein provided:

a.  The minimum size of ten (10) acres;

b.  Minimum and maximum frontage of the junkyard;

c.  The requirement that the fence be a minimum of eight feet (8′) in height and be constructed of such material as to prevent observation from and outside of the junk or material stored on the inside; however, it shall remain a requirement of such junkyards operating as herein described, and eligible for the exception herein contained that such a junkyard maintain either a chain link or solid wood fence of at least eight feet (8′) in height around the entire perimeter of the junkyard. In no event, however, may a junkyard have any other fence surrounding its perimeter other than a solid fence which prevents observation of the junk beyond the fence after five (5) years of the enactment of this chapter.

E.  Exception To Above Waiver Of Compliance:

1.  The waivers to compliance to subsection D of this section applying to junkyards operating, licensed and in full compliance with the prior chapter applies only to junkyards which remain owned by the original prior owner as of the date of enforcement of this chapter. Further, any sale of the business, or any change in ownership of such junkyard revokes the above waiver and evokes the full requirements of compliance with all provisions of this chapter. Also, any renovation of the facilities of the junkyard as herein provided specifically including a change in the fence, either as to type of material or raising its height, revokes the waiver of using anything but a solid fence, which prevents observation of junk stored behind such fence.

2.  A “sale” is defined for purposes herein as any sale whatsoever, private or public, voluntary or judicial, or otherwise.

3.  A “change of ownership” is defined for purposes herein as any change of ownership, including, but not limited to, bankruptcy, judicial or other foreclosure, reorganization, including merger, sale of the junkyard on contract regardless of whether title passes at the date of contract or not, any acquisition of the junkyard by inheritance, testate or intestate, or otherwise.

4.  However, the following shall not be construed as a sale or a change of ownership: the mere change of name of a business with no other change; the giving of mortgages, security interests, or the like in the land or the property; the adding or deleting of partners, if the junkyard is owned by a partnership, so long as at least one of the original general partners remains a general partner, and such general partner remains at all times a managing general partner conducting daily business of the junkyard, or, in the case of a corporation, the sale of stock or the creation of a new class of stock and sale of same. (Ord. 2026-6, 5 May 2026)

4-4-4: GENERAL OPERATING REQUIREMENTS:

The following general operating requirements shall apply to all junkyards licensed in accordance with the provisions of this chapter:

A.  The license issued pursuant to this chapter shall be plainly displayed on the business premises;

B.  The junkyard, together with things kept therein, shall at all times be maintained in a safe and sanitary condition;

C.  No space not covered by the license shall be used in the licensed business;

D.  No water shall be allowed to stand in any place on the premises in such a manner as to afford a breeding place for mosquitoes;

E.  Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches (4″);

F.  No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse as “junk” as defined herein and is in use in the licensed business;

G.  No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb, or become scattered or blown off the business premises;

H.  Junk shall be stored in piles not exceeding ten feet (10′) in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes;

I.  No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard;

J.  Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises;

K.  No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of any applicable state law or building code nor shall junk or other material be burned on the premises in the open except as provided by Idaho law;

L.  The junkyard operation shall comply in all respects with any noise requirements presently or hereinafter ordained by the city;

M.  The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence of a minimum height of eight feet (8′) measured from ground level. Said fence shall be high enough at all times to obscure view of any junk kept behind it. If junk piled behind the fence is higher than the fence, the person owning the junkyard shall immediately raise the fence to a sufficient height (but in no event higher than 10 feet) and/or reduce the size of the junk pile behind such fence to a size equal to that of the fence, all in accordance with and not inconsistent with any provisions herein contained;

N.  The owner or owners of junkyards shall permit inspection of the business premises by any member or representative of the city council at any reasonable time;

O.  Persons operating junkyards and their agents shall reasonably insure and protect and give adequate and due consideration to obtained proof of ownership of any materials or junk that said junkyard accepts either by gift, purchase or otherwise;

P.  No junkyard shall be allowed to become a nuisance nor shall any junkyard be operated in such a manner as to become injurious to health, safety or welfare of the community or any residents close by.

4-4-5: LICENSE NONTRANSFERABLE:

No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)

4-4-6: REVOCATION AND SUSPENSION:

When the city council determines that the public interest so requires, it shall revoke or suspend the license of any junkyard when it finds, after due investigation that:

A.  The person owning or operating the junkyard or any agent or officer of such owner or operator who takes part in the operation of the licensed business is not of good character or reputation or is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with the public health, safety, and good morals; or

B.  The owner or operator of the junkyard has failed to comply with the provisions of this chapter or any provision of the law applicable to the premises, equipment or operation of the licensed business; or

C.  The licensee has obtained his license through any fraud or misstatement; or

D.  The licensed business or activity is being conducted in a manner detrimental to health, safety or general welfare of the public, or is a nuisance, or is being operated or carried on in an unlawful manner; or

E.  The licensed business or activity is no longer being operated or carried on. (Ord. 2026-6, 5 May 2026)

4-4-7: PENALTY FOR VIOLATION:

A.  All violations of this chapter are hereby declared to be public nuisances. The city may apply to the district court of the county in which said unlawful junkyard or dump is located for injunction prohibiting further operation of any junkyard or dump in violation of this chapter.

B.  Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor.

C.  The penalties provided in this chapter for the violation of the same are cumulative and not exclusive. (Ord. 2026-6, 5 May 2026)

4-5: AUCTIONS AND AUCTIONEERS:

4-5-1: AUCTIONS PERMITTED:

Auction sales may be conducted only by auctioneers holding a valid license from the state of Idaho. (Ord. 2026-6, 5 May 2026)

4-5-2: AUCTIONS NOT TO CONFLICT WITH ZONING:

Auctioneers, licensed by the state of Idaho, may conduct auction sales in the city, but only in such zones of the city where the sale of the items, things, animals or material sold could be sold under the zoning laws or restrictions of that zone as a retail business, all as defined and set forth in title 8 of this code. (Ord. 2026-6, 5 May 2026)

4-5-3: CHARITABLE OR ONE TIME AUCTIONS:

Auctions for solely charitable purpose not more often than once a year or one time only sales of the contents of a residence occasioned by the death or move of the owner of the property to be sold, may be permitted without complying with such zoning law or section 4-5-1 of this chapter upon application to the city clerk in advance. The application shall state the name, address, telephone number of the applicant and of any persons or entities owning things or materials to be sold at the proposed auction or persons who will receive the proceeds of such auction; date of the auction, hours of the auction, name, address and telephone number of the auctioneer(s) and the purpose of the auction. However, under no circumstances may agricultural products, produce or animals of any kind be auctioned except in such areas of the city duly zoned therefor. (Ord. 2026-6, 5 May 2026)

4-5-4: RESTRICTIONS:

The auctioneer and the owner of the land where the auction is conducted are jointly responsible for traffic control, crowd control and litter cleanup resulting from the auction or persons attending the auction. In the event an animal auction is conducted, the auctioneer and landowner shall, within twenty four (24) hours of the end of the auction, clean up all animal waste and remove all animals, unless there is a lawfully zoned existing structure for the containment of the animals. The auctioneer and landowner shall comply with any direction or order of any law enforcement officer regarding the manner and method of conducting the sale and shall immediately terminate the sale if requested by any law enforcement officer. (Ord. 2026-6, 5 May 2026)

4-5-5: PENALTY:

Violation of this chapter shall be a misdemeanor. Further, the prosecution of a misdemeanor by the city is in addition to and not to the exclusion of any civil remedy the city may have for such violation. (Ord. 2026-6, 5 May 2026)

4-6: ANIMAL AUCTION OR SALE YARDS:

4-6-1: LICENSE REQUIRED:

Every person who shall sell or offer to sell livestock or poultry within the city by auction sale shall, in addition to complying with the provisions of this chapter, also obtain an auction license as set forth in chapter 5 of this title and comply with all therein stated requirements. (Ord. 2026-6, 5 May 2026)

4-6-2: YARDS:

All public auction or public sale grounds shall comply with the fire regulations of the city, which have been or may hereafter be enacted with such rules and regulations concerning sanitation as may be prescribed by this code, and the department of public health of the state. (Ord. 2026-6, 5 May 2026)

4-6-3: PENS:

All pens in which livestock or poultry is kept shall be thoroughly cleaned immediately after and on the day of each sale. (Ord. 2026-6, 5 May 2026)

4-6-4: REFUSE:

All manure and refuse shall be hauled away within twenty four (24) hours after each sale. (Ord. 2026-6, 5 May 2026)

4-6-5: FIRE HAZARDS PROHIBITED:

All buildings, fences, pens and structures of all kinds shall be so constructed and maintained as to not become a fire hazard to surrounding property to jeopardize the lives of the public. (Ord. 2026-6, 5 May 2026)

4-7: PAWNBROKERS AND SECONDHAND DEALERS:

4-7-1: LICENSE REQUIRED:

Every person other than auctioneers and junkyard dealers engaging in the sale of secondhand merchandise of whatsoever nature, whether so dealing exclusively or in connection with other business; or, acting as a pawnbroker or operating a place of business where such person holds himself out as a pawnbroker, all within the city of Minidoka, prior to commencing business as a pawnbroker shall obtain and maintain a license therefor issued by the city clerk. (Ord. 2026-6, 5 May 2026)

4-7-2: APPLICATION:

Application for a license constitutes payment in advance by the applicant of the license fee in the amount as set by resolution of the city council, and the submitting of an application prepared in advance by the city clerk. The application shall require the following information of the applicant:

A.  The name and place of residence of the applicant and length of his residence within the state of Idaho, and if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner, and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board, and of the person who manages or will manage the business;

B.  The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;

C.  If the applicant is an individual, that he is a citizen of the United States and has resided within the state of Idaho at least thirty (30) days immediately prior to making the application;

D.  If the applicant is a partnership, that at least one member thereof is a citizen of the United States and has resided within the state of Idaho for a period of at least thirty (30) days;

E.  If the applicant is a corporation that it has qualified as required by the laws of the state of Idaho to do business within the state of Idaho;

F.  The applicant or any principal thereof has not been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony or pleaded guilty to any felony charge within five (5) years from the date of application;

G.  The application must be subscribed and sworn to by the individual applicant or by a partner of a partnership applicant, or by an officer of a corporation applicant before a notary public or other person authorized by law to administer oaths.

H.  If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If a license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued a licensee becomes unable to make the affirmative showings required by this section, the license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act. (Ord. 2026-6, 5 May 2026)

4-7-3: FEES, EXPIRATION AND RENEWAL:

The annual fee or fee for any portion of a year shall be as set forth in section 4-7-2 of this chapter for the license of a pawnbroker or secondhand dealer or person engaged in both businesses. All licenses expire at twelve o’clock (12:00) midnight December 31 of the year issued. All licenses must be renewed by payment of the annual fee and must be accompanied by either a new application or a statement under oath by the applicant that the original application is still accurate. (Ord. 2026-6, 5 May 2026)

4-7-4: RECORD OF TRANSACTIONS:

Every dealer in secondhand merchandise, and every pawnbroker so operating or doing business in the city shall keep a detailed daily record of their transactions, with a notation of the estimated value of the property acquired, either by purchase, trade or pledge, and a complete description of the property, together with the name and address of the trader, seller or pledger, which said daily record shall be made readily available to law enforcement upon request and upon reasonable notice. Further, every dealer in secondhand merchandise and every pawnbroker so operating or doing business in the city, as above mentioned, shall, at the time of the acquisition of the property by them, as aforementioned, require that the trader, seller or pledger of such property exhibit to them reasonable proof of the identification of said trader, seller or pledger of said property, which said proof of identification shall be noted on the daily record hereinbefore specified. (Ord. 2026-6, 5 May 2026)

4-7-5: REVOCATION OR SUSPENSION OF LICENSE:

In the event that a licensee under this chapter is convicted of a violation of this chapter or of any law of the state of Idaho or makes a false statement in the application, or in the event the city council shall determine that such licensee has violated any of the provisions of this chapter, the council may, in its discretion and in addition to any judgment of the court, revoke any such license or suspend the same for a period not in excess of six (6) months, or refuse to grant a renewal of such license after the date of its expiration. (Ord. 2026-6, 5 May 2026)

4-7-6: VIOLATIONS; PENALTIES:

Any person who violates any provisions of this chapter shall, upon conviction, be guilty of a misdemeanor. (Ord. 2026-6, 5 May 2026)

4-7-7: LICENSE NONTRANSFERABLE:

No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)

4-7-8: REPORTS TO LAW ENFORCEMENT:

Every pawnbroker shall, in addition to maintaining the record referred to in section 4-7-4 of this chapter, keep a ticket or card system in which shall be recorded all loan or pledge transactions numerically in the order in which such transactions occur. All cards or tickets shall show the name and address of the pawnbroker and shall contain in the proper space provided therefor, the date of the transaction, the amount and terms of the loan, and the article pledged or purchased by the pawnbroker, the age, sex, color or race, height, weight of the pledger or seller. All reports are to be in the English language.

The ticket or card hereby required shall be of such size and description as may be required by the Minidoka County Sheriff. All such tickets or cards shall be made in triplicate, one copy to be retained by the pawnbroker and two (2) copies to be transmitted to the Minidoka County Sheriff’s Office. (Ord. 2026-6, 5 May 2026)

4-7-9: MINORS AND INTOXICATED PERSONS:

No person licensed under the provisions of this chapter shall receive, or in any manner take goods, articles, or things from any person who shall appear to be or who shall be known to the pawnbroker to be under the age of eighteen (18) years or intoxicated or under the influence of any controlled substance. (Ord. 2026-6, 5 May 2026)

4-7-10: NOTICE FROM LAW ENFORCEMENT:

Whenever the Minidoka County Sheriff, or designee, shall notify the pawnbroker or secondhand dealer in writing that an item in his possession has been reported stolen, he shall not sell or permit this item to be redeemed for a period of time not to exceed thirty (30) days from the date of such notice. A copy of such notice shall be left with the pawnbroker or secondhand dealer. (Ord. 2026-6, 5 May 2026)

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