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Wallace passes business registration ordinance

by JOSH McDONALD
Staff Writer | September 13, 2024 1:00 AM

WALLACE — The Wallace City Council passed a new business registration ordinance Wednesday night.  

The ordinance, which was met with some skepticism, was passed by a 4-1 vote, with Councilwoman Cindy Lien opposing.  

The ordinance allows the city to know what businesses are operating 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 No. 1 Chief John Miller that there were some businesses operating outside what is allowed by zoning.

“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.   

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

“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," she said. "Many business owners are renters and feared that the 100-plus year buildings would need thousands of dollars 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 with 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.” 

While saying she understands the need for such an ordinance, she opposes that 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.”  

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 at www.wallace.id.gov.