A. Pursuant To Background Or Criminal History Check: A license applied for or issued under this chapter may be denied, suspended, or revoked if any background or criminal history check reveals that the applicant or licensee has engaged in conduct inimical to the health, safety, and welfare of the children who are or will be under the direct contact of any potential applicant or current licensee. Persons denied a license under this section may appeal the decision to the city council. If the city council upholds the denial, said applicant may not reapply for one year from that date of the denial.
Examples of conduct or events which can pose a risk to children and are therefore grounds for denial, suspension, or revocation include, but are not limited to:
1. Having been found guilty of, pled guilty to, or admitted to conduct constituting a violation of a criminal law, regardless of the form of judgment, including, but not limited to, any felony, any misdemeanor involving moral turpitude or violence, any stalking or harassment of another person whether directly or indirectly through a third party, or any violation of the uniform controlled substances act, Idaho Code title 37, chapter 27, or similar provisions in another jurisdiction, within the past ten (10) years;
2. Conduct which indicates that applicant may suffer from suicidal tendencies or ideations, unless the individual has been examined at his own expense by a psychologist, licensed under any state belonging to the Psychology Interjurisdictional Compact (PSYPACT), or Idaho licensed psychiatrist, who certifies that the applicant does not pose a risk to children;
3. Having been found guilty of or pled guilty to, regardless of the form of judgment, or admitted to any offense involving neglect or any physical injury to, or other abuse of, a child, including, but not limited to, any sex crime as defined in Idaho Code title 18, chapter 66; rape as defined in Idaho Code title 18, chapter 61; injuring a child as defined in Idaho Code section 18-1501; selling or bartering a child as defined in Idaho Code section 18-1511; sexually abusing or exploiting a child as defined in Idaho Code sections 18-1506 through 18-1508; disseminating obscene material to minors as provided in Idaho Code sections 18-1513 through 18-1515; or similar provisions in another jurisdiction;
4. Having been committed pursuant to Idaho Code title 66, chapter 3, or similar provision in another jurisdiction, or having been taken into alcohol or mental protective custody, unless such individual has been released from and is no longer under any form of treatment in relation to such commitment, and such individual has been examined at his own expense by at least two (2) professionals licensed to evaluate the mental health of individuals, at least one of whom shall be a psychiatrist, and both professionals certify that the individual is no longer mentally ill and presents no threat or danger to himself or herself or to any child;
5. Having his or her parental rights affected by a child protection action under Idaho Code section 16-1601 et seq., or child custody termination action under Idaho Code section 16-2001 et seq.;
6. Violating any of the subsections of this chapter;
7. Supplying false information, refusing or failing to disclose any information required on the application form, or refusing to authorize the police investigation required by this chapter.
B. Pursuant To False Statements: A false statement, an omission of a material fact on an application, or, where applicable, a failure to arrange for the necessary background information and authorizations shall be grounds for denial of the license. If not discovered until the license has been issued, a false statement or omission of a material fact on any form relevant to an application shall be a violation of this chapter and may be grounds for revocation of the license. (Ord. 3124, 2023: Ord. 2951, 2015)