Wallace passes Business Registration Ordinance

WALLACE –– The Wallace City Council passed a new Business Registration Ordinance on Wednesday night.  

The new ordinance, which was met with some skepticism, was passed by a 4-1 vote, with Councilwoman Cindy Lien being the only member to vote no.  

The ordinance allows the city to know what businesses are operating within the city limits and how they are operating.   

Many business owners have raised concerns over the purpose of such a law, but the ordinance’s purpose is defined immediately within the new legislation.

“The City desires to know which businesses are operating within the City of Wallace, and to be able to promote and monitor business activity within the city limits. This ordinance allows for the City to retain information concerning businesses to coordinate emergency response and to promote compliance with other provisions of the Wallace Municipal Code such as applicable zoning codes.”  

Recently, it had come to the attention of both city officials and Shoshone County Fire District #1 Chief John Miller, that there were some businesses operating outside of what their buildings are zoned or approved for.  

During a recent meeting, Miller detailed an example of a business that had gone through all of the necessary steps to get their business ready for operation, but the physical location wasn’t approved for that kind of business.

“A place of business, I can’t remember exactly what it was, but it was not a restaurant then turned into a restaurant. I went in there to do an occupancy load and found out it was a restaurant,” Miller said. “But I go in there and didn’t know it was going to be a restaurant, didn’t know it was going to be remodeled. They thought they had gone through all the right channels. Building permit, signed off. Electrical, signed off. HVAC, signed off. So they didn’t feel like they were in the wrong.”   

According to Miller and the council, this creates a significant safety issue.  

“I don’t think myself or the fire department have an issue with any existing businesses, it’s more for these new businesses coming in,” Miller said. “They’re taking a building that was a mercantile place and is now a restaurant and bar. I would need to know that to make sure that things are built in place before they get a license, before they operate.”   

There are some entities that will be exempt from the business registration, these include minors, churches, fraternal organizations, home offices, goods delivered by vehicle within the city limits, private sales of household property, casual labor, government or public utilities, and internet or wireless service providers.  

Reportedly, Councilwoman Lien’s only opposition to the new legislation – the cause for her dissenting vote – was based on the law’s section regarding preliminary and ongoing inspections.  

During the ordinance’s special public hearing last month, Lien voiced concerns over the intrusiveness of the rule, how it would be enforced, and by who.  

“In earlier versions of this ordinance (section) it read, ‘Prior to issuance of a business license, the building inspector and fire chief, or their designee, must attest that the premises upon which business will be conducted complies with the International Building Code (IBC), the International Fire Code, and all other applicable federal, state, and local laws.” Lien told the News-Press. “The inclusion of a building inspection in a business license seemed overreaching to me and punitive to building owners who don’t have funding to make, in some cases, the major improvements to conform to the IBC, could cost. Many business owners are renters and feared that the 100+ year buildings would need thousands of dollar's worth of updating and that the building owners may not be able or willing to pay for required repairs and just close the building, thus leaving them out of business.”  

Lien is uncomfortable by the language within this specific section, including the inclusion of the words, “The business shall allow the fire chief, or their designee, and any other designated agent of the City, to inspect the facilities of any business location, during the hours that the business is open to the public.” However, she does understand the need for such an ordinance – she simply opposes this specific section of it. 

“The Fire Chief already has the authority to enter any business at will,” Lien said. “It seems to me having a business registration for the city is certainly a good idea, the City and Fire Chief need to know what businesses we have in town. But having a building inspection tagged on to that seemed like overreach. I voted no to the ordinance because there is still language in 110.06 (B) that allows for, 'Any other designated agent of the City, to inspect the facilities of any business location…to verify compliance with applicable laws and regulations…’ I oppose all of section 110.06 and believe it should not have been included in this Business Registration ordinance.”  

The fees for the new registration have not been set, and the city will need to pass a resolution to set any fee amount.  

A full copy of the proposed ordinance can be found on the city's website at www.wallace.id.gov.