Council agrees to repeal outdated children group treatment licensing code, keeps ‘going out of business’ rule under review

The City Council reviewed two licensing code sections proposed for repeal and directed staff to move forward differently on each.

Mallory Bascom of Pocatello Police Licensing told council the two provisions are largely outdated: the children group treatment center code no longer applies to existing facilities under current state licensing regimes; and the going‑out‑of‑business sales license has been rarely used — the last permits were issued in 2016 and 2017 — and is hard to enforce in an era of online advertising.

Council members debated the utility of the ‘going out of business’ rule. Several members, including Councilmember Cheatham and Councilmember Paulson, said the provision had helped limit deceptive practices in the past and that keeping it on the books could prevent a resurgence. Others, including Councilmember Bates, said the absence of applications or complaints since 2017 suggested repeal was reasonable. Council consensus was to remove city code 5.3 (children group treatment centers) but to retain the going‑out‑of‑business code (5.65) for now; staff will return with any formal repeal language if directed to proceed.

Bascom cited a Boise licensing officer’s review that the going‑out‑of‑business license historically addressed fly‑by business closures, fixture sales and advertising abuses, and that those practices have declined. Council members noted that Boise and Twin Falls still keep similar codes but rarely enforce them and that Boise is considering repeal.

The council did not record a roll‑call vote on the code change at the work session; staff will bring formal repeal language for consideration in the normal ordinance/resolution process if council directs action.