Chapter 6

Childcare Facilities

3-6-1: Legal Authority


Idaho Code sections 50-301 and 50-307 authorize the City to adopt and enforce ordinances, rules and regulations governing standards and procedures for licensing persons who engage in or operate a trade or business within the City. Idaho Code section 39-1108 specifically authorizes cities and counties to adopt and enforce ordinances, rules and regulations governing the standards and procedures for licensing daycare services within their boundaries. Under 42 USC section 9858f, the City is required to check certain records for childcare workers and facilities. (2019 Code)

3-6-2: Purpose


The purpose of City's Childcare Licensing Program is to promote a childcare environment where children receive safe, healthy and developmentally appropriate care. (2019 Code)

3-6-3: Scope


This chapter establishes minimum standards and procedures for licensing and operating a daycare business and working as a childcare worker within the City. (2019 Code)

3-6-4: General Licensing Provisions Applicable


To the extent not inconsistent with this chapter, the licensing provisions set forth in chapter 1, article A of this title, shall apply with full force and effect to all provisions and sections of this chapter. (2019 Code)

3-6-5: Definitions


For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

APPLICANT: A person making application for a license or the renewal of a license to operate a childcare facility or to act as a childcare worker, juvenile childcare worker or volunteer.

BABYSITTING: The occasional or irregular care of a neighbor's, relative's or friend's child by a person not ordinarily in the business of providing childcare. Babysitting is temporary care of a child in the home or residence of the parent, guardian or a person with the duties and powers of a guardian of the child being cared for.

CHIEF AGENT OR DESIGNATED RESPONSIBLE PERSON: A person who has authority to act on behalf of or represent the owner of a childcare facility. These terms are used interchangeably throughout this chapter.

CHILD: Any person who is under thirteen (13) years of age who is being provided childcare.

CHILD/WORKER POINT SYSTEM: The methodology used to determine the number of licensed childcare workers required to provide childcare for a given number of children.

CHILDCARE: The care and supervision provided for compensation (to the childcare facility owner) during part of a twenty four (24) hour day, for a child under thirteen (13) years of age, not related by blood, marriage, adoption or legal guardianship to the person or persons providing the care, in a place other than the child's own home.

CHILDCARE FACILITY: Any home, business or other place where childcare is provided. There are the following types of childcare facilities:

Commercial Childcare Center: A childcare facility that provides childcare for more than twelve (12) children or uses a nonresidential building.

Family Childcare Home: A childcare facility that provides care for six (6) or fewer children in a building inhabited by one or more people who use the building as their home or residence.

Group Childcare Home: A childcare facility that provides care for seven (7) to twelve (12) children in a building inhabited by one or more people who use the building as their home or residence.

Residential Childcare Center: A childcare facility that provides care for seven (7) to twelve (12) children in a home or residential building in which no person resides.

CHILDCARE FACILITY RESIDENT: Any person thirteen (13) years of age or older who resides in any childcare facility.

CHILDCARE WORKER: Any person employed by, or who otherwise works at, a childcare facility who has direct and regular contact with the children in such facility.

CLINIC: An outpatient health facility.

DIRECT SUPERVISION: Being physically present with immediate and direct line of sight to the person or object of supervision.

ENHANCED CLEARANCE CHECK: A search of confidential databases or registries in states or jurisdictions other than the State of Idaho in which the licensee or applicant resided during the five (5) years preceding his application or renewal of a license.

ENROLLED: Any child who has been placed within a childcare facility by agreement, contract or arrangement between the parents or guardians of the child and the childcare facility owner or authorized childcare worker shall be deemed "enrolled" in that facility.

FLAME SOURCE UTILITY: Any device that uses open flame combustion as a means of heating a space, surface or fluid. Common examples (noninclusive) are: wood, gas, coal, kerosene heaters, propane space heaters, gas water heaters or stoves, gas or kerosene furnaces, and wood or gas fireplaces.

HEALTH FACILITY: Any facility that is operated for the diagnosis, care, prevention and treatment of human illness or injury, including children's therapeutic outdoor programs, and any facilities providing treatment, therapy or rehabilitation for children required to be licensed by the State of Idaho under any sections of the Idaho Code, other than title 39, chapter 11.

JUVENILE CHILDCARE WORKER: Any person employed by a childcare facility who has direct contact with a child or children and is under the age of eighteen (18), but is thirteen (13) years of age or older. Every juvenile childcare worker shall be under the direct supervision of a licensed childcare worker.

OFFICER: Any person who holds a position of authority or trust in an organization or corporation that owns, possesses or operates any childcare facility, including, but not limited to, all partners, officers, directors, members or principal stockholders.

OWNER: A person who has, owns, possesses or operates a childcare facility. The person who is ultimately responsible for the management, supervision and operation of a childcare facility.

PUBLIC RECREATION PROGRAM: Any recreation program operated by the State, a county, a city, a special district, a college or a university, which operates less than twelve (12) weeks during a calendar year or not more often than once a week.

VISITOR: Any person who is a guest at a childcare facility on a random or infrequent basis to provide a prearranged performance, presentation or event, or to visit a child. Every visitor shall be under the direct supervision of a licensed childcare worker. A visitor shall not count in the child/worker ratio.

VOLUNTEER: Any person who periodically or intermittently provides a service to a childcare facility without pay or remuneration of any kind. Every volunteer shall be under the direct supervision of a licensed childcare worker while volunteering at a childcare facility. A volunteer shall not count in the child/worker ratio. (Ord. 36-14, 9-30-2014; amd. Ord. 29-17, 9-19-2017; 2019 Code)

3-6-6: Types Of Licenses; Licenses Required; Standards And Requirements For License Application And Renewal; Fees; License Remains Valid During Renewal


A. Types Of Licenses: Pursuant to this chapter, there are the following types of licenses:

1. Childcare facility license;

2. Childcare worker license;

3. Juvenile childcare worker license; and

4. Volunteer license.


B. Licenses Required:

1. No person shall own or operate a childcare facility without first obtaining and maintaining a valid childcare facility license as provided in this chapter and chapter 1, article A of this title.

2. No person shall act as a childcare worker, juvenile childcare worker or volunteer without first obtaining and maintaining such license as provided in this chapter and chapter 1, article A of this title.


C. General Standards And Requirements For License Application And Renewal: In addition to the minimum requirements set forth in chapter 1, article A of this title, the general standards and requirements for license applications pursuant to this chapter are as follows:

1. Application for any license pursuant to this chapter shall be made to the City Clerk in the form and manner prescribed by the City Clerk.

2. Every application containing untrue or misleading information may be denied without refund or consideration, and may result in criminal charges or penalties as prescribed by law.

3. Every applicant and licensee has an ongoing affirmative duty to update all information provided on the application for a license, in the event such information becomes outdated, untrue or otherwise incorrect, within ten (10) business days of such change.

4. Applicant and licensee shall report all misdemeanor and felony criminal convictions immediately, which shall mean no more than two (2) business days. This duty shall include, but not be limited to, any conviction on the applicant, licensee, employee or resident who resides at an in home childcare facility.

5. Applicant and licensee shall report all pending disqualifying crimes and outstanding warrants for the applicant, licensee, employee or resident who resides at an in home childcare facility immediately, which shall mean no more than two (2) business days.


D. License Fees: Every application for a license required by this chapter shall be accompanied by a nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule. License applicants are also responsible for any additional costs paid to agencies or criminal jurisdictions in other states for enhanced clearance checks.

1. The required license fee, and all other required costs and fees, shall be paid at the time of application for such license.

2. A license fee shall not be imposed upon the State or any of its agencies, departments or political subdivisions.


E. Licenses Remain Valid During Renewal Application Investigation: Upon the timely submission of a completed renewal application or a signed and dated certification or declaration made under penalty of perjury that circumstances are unchanged, the current childcare facility, childcare worker, juvenile childcare worker or volunteer license shall remain valid until the City Clerk reviews the applicant's qualifications and either denies the renewal application or reissues the license. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-7: Childcare Facility License Application And Renewal Requirements; Expiration


A. Childcare Facility License Applications And Renewals: All childcare facility license applications and renewals shall comply with the minimum requirements set forth in chapter 1, article A of this title, and also submit to the City Clerk the following additional required information:

1. Fingerprints and authorization to conduct background checks on the applicant and all other people subject to the background check requirement.

2. Copies of certificates of attendance, training logs or educational transcripts showing completion of the number of training hours required by section 3-6-18 of this chapter shall be submitted for license renewal for all continuing education required during the license term.

3. If there has been any lapse of licensure for any reason within the preceding two (2) years prior to reinstatement, the person must meet all requirements for licensure, including all training requirements. Copies of certificates of attendance, training logs or educational transcripts showing completion of the number of training hours required by section 3-6-18 of this chapter shall be required for the entire period of licensure and lapse. Example: If a licensed childcare worker's license expired in 2012, and the worker wanted to reapply in 2014, they must complete all training requirements for 2013 and 2014 prior to being eligible for licensure in 2014.

4. Proof that all required inspections required pursuant to this chapter were satisfactorily completed.

5. All childcare facility license renewals shall be submitted to the City Clerk's Office no more than sixty (60) days prior to the expiration of the current and valid childcare facility license.


B. License Expiration: Each childcare facility license shall expire upon the earlier of:

1. One year from the date of issuance;

2. The date on which a licensee sells or otherwise transfers any amount or degree of ownership or control of the childcare facility, except when the change of ownership applies to the transfer of stock when the childcare facility is owned by a corporation and such transfer does not constitute a majority of the issued shares of such corporation;

3. The date on which a licensee surrenders the license to a licensing officer; or

4. The date on which a licensee moves the childcare facility from one location to another.


C. Owner Licensed As Childcare Worker: An individual licensed as the owner of a childcare facility shall be considered licensed as a childcare worker in that facility and not charged an additional fee for a childcare worker license, if he/she meets all requirements and possesses all qualifications of a childcare worker. (2019 Code)

3-6-8: Childcare Worker License Application And Renewal Requirements; Expiration


A. Childcare Worker License Application And Renewal: All childcare worker license applications and renewals shall comply with the minimum requirements set forth in chapter 1, article A of this title, and also submit to the City Clerk the following additional required information:

1. Fingerprints and authorization to conduct background checks on the applicant as required pursuant to this chapter.

2. Copies of certificates of attendance, training logs or educational transcripts showing completion of the number of training hours required by section 3-6-18 of this chapter shall be submitted with the application for license renewal for all continuing education required during the license term.

3. If there has been any lapse of licensure for any reason within the preceding two (2) years prior to reinstatement, the person must meet all requirements for licensure, including all training requirements. Copies of certificates of attendance, training logs or educational transcripts showing completion of the number of training hours required by section 3-6-18 of this chapter shall be required for the entire period of licensure and lapse. Example: If a licensed childcare worker's license expired in 2012, and the worker wanted to reapply in 2014, they must complete all training requirements for 2013 and 2014 prior to being eligible for licensure in 2014.

4. All childcare worker licenses shall be submitted to the City Clerk's Office for renewal no more than sixty (60) days prior to the expiration of the current and valid license.


B. License Expiration: Childcare worker licenses shall expire at the end of one year from the date of issuance. No childcare worker license shall be transferable to another person. (2019 Code)

3-6-9: Juvenile Childcare Worker And Volunteer License Application And Renewal Requirements; Limitations; Expiration


A. Juvenile Childcare Worker And Volunteer Licenses Application And Renewal: All juvenile childcare worker license and volunteer license applications and renewals shall comply with the minimum requirements set forth in chapter 1, article A of this title, and also submit to the City Clerk the following additional required information:

1. Fingerprints and authorization to conduct background checks on the applicant as required pursuant to this chapter. All applications for juvenile childcare worker licenses shall include a signed parental or guardian approval form granting permission to the City Clerk to conduct the juvenile criminal history and background checks as required pursuant to this chapter.

2. All juvenile childcare worker or volunteer licenses shall be submitted to the City Clerk's Office for renewal no more than sixty (60) days prior to the expiration of the current and valid license.


B. Limitations Of Juvenile Childcare Worker And Volunteer Licenses: No juvenile childcare worker or volunteer shall be left alone with any childcare facility child at any time. Volunteers are exempt from the training standards required of directors, childcare workers and juvenile childcare workers pursuant to section 3-6-18 of this chapter.


C. License Expiration: All juvenile childcare worker and volunteer licenses shall expire at the end of one year from the date of issuance. No juvenile childcare worker or volunteer license shall be transferable to another person. (2019 Code)

3-6-10: Childcare Facility And Worker License Exemptions; Criminal Background Checks Required; Licensing Opt-in


A. Exemptions: The childcare facility and worker licensing requirements of this chapter do not apply to any of the following:

1. Health facility.

2. Clinic.

3. Any facility that:

a. Is a religious school for educational purposes for children over four (4) years of age and older; or

b. Is a public or private elementary school meeting the standards established by the State Board of Education, including that the facility operates during normally established school hours, and provides instruction for the same total number of teaching days and hours. Upon request by the City Clerk's Office, any public or private elementary school shall provide proof that such school is currently meeting State Board of Education school standards as required for childcare licensing exemption.

4. Any arrangement for the childcare of the niece, nephew, first or second generation cousin, grandchild, brother or sister, son or daughter, related either by blood or marriage to the childcare provider, unless childcare is at the same time being provided to an unrelated child. When determining the child/worker ratio within a licensed childcare facility, all related and unrelated children under the age of thirteen (13) shall be counted. The total number of related and unrelated children shall not exceed the number for which the facility is licensed.

5. Babysitting.

6. The provision of occasional care exclusively for children of parents who are simultaneously in the same building.

7. Any recreation program for children conducted by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, Camp Fire or similar organization, and any day camps, programs and religious schools operating for less than twelve (12) weeks during a calendar year or not more often than once a week.

8. Any public recreation program.

9. Any person enrolled in a program that meets the standards established by the State Board of Education and has a curriculum requirement of interaction/observation at a childcare facility. This person shall not be counted in the child/worker ratio and shall be supervised at all times.

10. Any cooperative childcare arrangement between parents or guardians of children where no payment is involved, and where the childcare occurs in the home of the parents or guardians of one or more of the children for whom childcare is provided. This exemption may not be applied between parents or guardians of children in which childcare is provided for payment occasionally with one of the parties acting as a licensed childcare facility.

11. Any arrangement between the parent, guardian or person with the duties and powers of a guardian of a child or children and a close friend of the parent, guardian or person with the duties and powers of a guardian; provided, that such arrangement is not for financial profit, does not exceed ten (10) hours per week, and is not provided for the children of more than one family. Childcare provided pursuant to this subsection that exceeds ten (10) hours per week shall not be prohibited when provided on an occasional, nonrecurring, temporary basis for reasons, including, but not limited to, family emergencies, vacation or military leave. This exemption may not be applied between parents or guardians of children in which childcare is provided for payment occasionally with one of the parties acting as a licensed childcare facility.

12. Any agency, person, program, facility or institution defined as a health facility, as defined in section 3-6-5 of this chapter, and foster homes, children's residential care facilities, residential schools and substance abuse treatment facilities exempted from the licensing requirements of Idaho Code title 39, chapter 12, except those which provide only childcare as defined in section 3-6-5 of this chapter.


B. Criminal History And Background Checks Required: Notwithstanding the licensing exemptions set forth herein, any person who owns, operates or is employed by a private school for children four (4) through six (6) years of age, or a private kindergarten, shall comply with the criminal history check requirements in chapter 1, article A of this title and this chapter.


C. Licensing Opt-In: Any person who is otherwise exempt from the licensing requirements of this chapter may apply for any type of childcare license. Upon a determination that all applicable standards and qualifications of this chapter are met, the applicant shall be issued the license. Application fees shall be paid by the applicant prior to issuance of the license. (2019 Code)

3-6-11: Investigation And Inspection Upon Application For Licensing


A. Standards Investigation: Upon the receipt of an application for a license, the Licensing Officer shall conduct an investigation to determine whether the standards established by this chapter and chapter 1, article A of this title are met. (Ord. 29-17, 9-19-2017; amd. 2019 Code)


B. Resident Investigation: The Licensing Officer shall conduct an investigation on any resident in a childcare facility who is thirteen (13) years of age or older consistent with this chapter and chapter 1, article A of this title. (Ord. 29-17, 9-19-2017)


C. Criminal History And Background Checks:

1. All licenses issued under this chapter require that the following persons submit to and pass a criminal history and background check:

a. Childcare facility owners, officers and directors;

b. Childcare workers, juvenile childcare workers and volunteers;

c. All employees of a childcare facility who have direct contact with children;

d. Any other individuals who are thirteen (13) years of age or older and who have unsupervised, direct contact with children; or who are regularly on the premises of a childcare facility.

2. No new childcare licenses shall be issued without the Licensing Officer first obtaining all of the necessary and required criminal history and background checks for such license. Issuance of the license may be denied for failure of the criminal history and background check by any of the persons required to submit to such investigation pursuant to subsection C1 of this section. Any childcare facility license may be denied, suspended or revoked for failure by applicant and licensee to notify the City Clerk of any person subject to criminal history and background checks pursuant to subsections 3-6-7A1, 3-6-8A1 and 3-6-9A1 of this chapter.

3. For all persons eighteen (18) years of age or older, subject to the provisions of this chapter and State law, the required criminal history and background check, shall include a search of the following:

a. Statewide Criminal Identification Bureau;

b. Federal Bureau of Investigation (FBI) criminal history;

c. National Crime Information Center;

d. Any state's or Federal sex offender registry; and

e. Any state's or Federal Statewide child abuse registry.

4. Criminal history and background check on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the Magistrate Division of the District Court; County Probation Services; and department records as authorized by the minor and his parent or guardian. (2019 Code)


D. Premises Inspection: Prior to issuing or renewing a childcare facility license, the City Clerk shall conduct an inspection of the premises at which the applicant will operate the childcare facility, to ensure that the premises is in compliance with the requirements of this chapter. (Ord. 29-17, 9-19-2017)


E. Enhanced Clearance Checks: An enhanced clearance check consisting of a search of State-based child abuse and neglect registries and databases shall be conducted on all license applications in the states where the applicant physically resides or resided during the preceding five (5) years. (2019 Code)


F. New Criminal History Check: Any agency, the employer, or the City Clerk's Office, at its discretion, may require an individual to complete a new criminal history and background check or enhanced clearance check at any time. (Ord. 29-17, 9-19-2017)

3-6-12: Requirements For Issuance And Maintenance Of Licenses


A. Standards And Qualifications Met: No license governed by this chapter shall be issued unless and until the Licensing Officer determines that all applicable license standards and qualifications contained herein are met, and that the applicant does not possess any disqualifications. (Ord. 36-14, 9-30-2014; amd. 2019 Code)


B. Maintenance; Suspension, Revocation: Every licensee shall continue to have and maintain all of the qualifications and none of the disqualifications provided in this chapter throughout the license period or, in addition to the criminal penalties prescribed therefor, the Licensing Officer shall suspend or revoke all licenses issued pursuant to this chapter that are held by the licensee. The procedures for suspension and revocation, including the right of appeal are as set forth in section 3-6-22 of this chapter and chapter 1, article A of this title. (Ord. 29-17, 9-19-2017)


C. Childcare Facility License Requirement:

1. Valid License Possessed And Maintained: No person owning or operating a childcare facility shall employ or otherwise utilize any person as a childcare worker, juvenile childcare worker or volunteer unless such person possesses a valid license as provided in this chapter. Unless exempted by this chapter, every person on the applicant's staff who has direct contact with any child or children at the childcare facility shall possess and maintain a valid license of the type required by this chapter.

2. Childcare Facility Staffing Requirements:

a. At least one licensed adult childcare worker (18 years of age or older) must be present at all times when a child or children are present.

b. The Director must be eighteen (18) years of age or older.

c. At all times a childcare facility is open or operating, the owner shall ensure a designated responsible person or chief agent is present at the childcare facility.

d. The person designated as the responsible person or chief agent shall be a licensed childcare worker.

e. The person designated as the responsible person or chief agent shall be responsible for all children and all conditions at the childcare facility.

f. Every juvenile childcare worker and volunteer shall be under the direct supervision of a licensed childcare worker. No childcare facility owner or childcare worker shall leave an unsupervised juvenile childcare worker or volunteer in charge of one or more children.

g. Every visitor shall be under the direct supervision of a licensed childcare worker while visiting a childcare facility. No owner or childcare worker shall leave an unattended visitor in the presence of children, unrelated to the visitor, who are under the care or supervision of the childcare facility.

h. Every childcare worker who is caring for one or more children shall be within sight or hearing of all such children at all times, including nap time, and shall be capable of immediately assisting a child in an emergency.

i. Only childcare workers and juvenile childcare workers who are primarily engaged in caring for the children shall be counted in calculating the child/worker point system. The number of childcare workers and juvenile childcare workers who are supervising or caring for children shall be sufficient to comply with the child/worker point system required by this chapter. Volunteers shall not be counted in calculating the child/worker point system.


D. Childcare Worker Staffing Requirements:

1. Child/Worker Point System: The maximum allowable child/worker ratio shall not exceed twelve (12) points. The number of points shall be determined by using the following point system:

a. Each child in attendance in a group who is under the age of twenty four (24) months: 2.4 points;

b. Each child in attendance in a group who is twenty four (24) months or older, but under thirty six (36) months of age: Two (2) points;

c. Each child in attendance in a group who is thirty six (36) months or older, but under five (5) years of age: 1.2 points;

d. Each child in attendance in a group who is five (5) years of age or older, but under thirteen (13) years of age: One point.

NUMBER OF CHILDREN ALLOWED

Number Of Staff Required Maximum Children
Less Than
2 Years
2 Years 3 - 4 Years 5 - 12 Years
1 5 6 10 12
2 10 12 20 24
3 15 18 30 36

2. More Restrictive Regulations: If the child/worker point system contained in the Idaho Statutes and regulations is more restrictive than this chapter, the point system contained in the Idaho Statutes and regulations shall control.

3. Counting: Each and every child present or in attendance on the premises (both indoor and outdoor) of a childcare facility shall be counted to establish the maximum allowable points for determining compliance with the child/worker point system set forth in this chapter.

4. Exemption For Accredited Montessori Schools:

a. A Montessori school accredited by one or more of the accrediting organizations named herein shall not be required to comply with the child/worker point system set forth in this chapter.

b. The authorized accrediting organizations include:

(1) Association Montessori Internationale (AMI);

(2) American Montessori Society (AMS);

(3) International Montessori Council; and

(4) Montessori School Accreditation Commission (MSAC).

c. To qualify for and receive this exemption from the child/worker point system, a Montessori school shall provide a copy of the certificate of recognition or accreditation issued by the accrediting organization to the City Clerk.

d. An accredited Montessori school's exemption from the child/worker point system does not exempt that Montessori school from any of the other requirements of this chapter.

e. Failure to maintain authorized accreditation shall immediately revoke such Montessori school's exemption from the point system required pursuant to this chapter. Proof of current and valid accreditation from an authorized accrediting organization must be provided upon request by the City Clerk. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-13: Recordkeeping Requirements


A. Childcare Facility Recordkeeping Requirements For Each Enrolled Child:

1. Every childcare facility owner shall maintain on the premises of the childcare facility, a file or record for each and every child enrolled at, attending or present at the childcare facility. The files and records shall be indexed and filed together in a secure, but readily available, location. Every child's file and records shall be purged by the childcare facility owner within six (6) months of the date the child withdraws from enrollment at the childcare facility, unless otherwise required to be maintained under State or Federal law. All records required pursuant to this section must be made available by the childcare provider at the time of request by any Licensing Officer.

2. The required file or record shall contain, at a minimum, the following documents and information:

a. The child's full name.

b. The child's birthdate.

c. The full name, telephone number and address of each child's parent, guardian, emergency contact person or agency which placed the child.

d. A medical treatment consent form signed by the child's parent or guardian, which authorizes emergency medical treatment by a physician if the parent or guardian cannot be reached.

e. The name, address and telephone number of a physician designated by the child's parent or guardian, including any hospital preference if emergency medical treatment is required.

f. Information regarding the child's allergies, medication and other health related needs.

g. Within fourteen (14) days of initial attendance, the childcare facility must obtain from the child's parent or guardian a current immunization record for each enrolled child unless the child's parent or guardian has submitted to the Childcare Facility Director:

(1) A certificate provided by the child's parent or guardian and signed by a physician licensed by the State Board of Medicine stating that the physical condition of the child is such that all or any of the required immunizations would endanger the life or health of the child; or

(2) A signed statement objecting to immunizations upon religious grounds.

h. The immunization record of each child shall contain the immunizations required by the State Board of Health and Welfare's rules adopted under the provisions of Idaho Code title 67, chapter 52.

i. Immunization records must be signed by a physician or his representative, or another licensed healthcare professional, and shall verify that the child has received or is in the process of receiving immunizations as specified by the State Board of Health and Welfare; or can effectively demonstrate, through verification in a form approved by the State Department of Health and Welfare, immunity gained through prior contraction of the disease.


B. Childcare Worker Records: Every childcare facility owner, chief agent or designated responsible person shall maintain on the premises of the childcare facility training records for every childcare worker and juvenile childcare worker. These records shall contain:

1. The number of hours of workshop attendance;

2. The name of every training session attended;

3. The subject content; and

4. The name of the instructor. (Ord. 36-14, 9-30-2014; amd. 2019 Code)


C. Criminal History And Background Check Records: Every childcare facility owner shall maintain a copy of the printed, signed and notarized childcare license for all individuals required to obtain a criminal history and background check or enhanced clearance check. This copy must be readily available for inspection to verify compliance with the criminal history and background check clearance requirement and enhanced clearance check. An employer who chooses to use a criminal history and background check or enhanced clearance check obtained for a previous employer must comply with all criminal history and background check requirements as set forth in chapter 1, article A of this title and this chapter. (Ord. 29-17, 9-19-2017)


D. Posting Of Records And Documentation: Training records and the following documentation and information shall be posted in a conspicuous place or available for inspection within the pick up and drop off area of every childcare facility:

1. A copy of this chapter or a notice that a copy may be obtained from the childcare facility upon request;

2. A current CPR and first aid certification for every childcare worker and juvenile childcare worker employed at the childcare facility;

3. A current City license for the childcare facility and the current City licenses of every childcare worker, juvenile childcare worker and volunteer employed or being utilized at that childcare facility;

4. An illness policy;

5. A discipline policy outlining and describing all methods of discipline employed at the facility;

6. A fire escape plan;

7. A fire inspection certificate;

8. A policy on enrolling children without current immunizations;

9. Written documentation identifying every person who is authorized to pick up a child from the facility. Only the child's parent or guardian, or those people approved in advance and in writing by the child's parent or guardian, may pick up a child from a facility; and

10. A "Permission to Provide Transportation" form signed by the child's parent or guardian, if applicable. (Ord. 36-14, 9-30-2014; amd. Ord. 29-17, 9-19-2017; 2019 Code)

3-6-14: Transportation Safety


Every person employed or utilized by a childcare facility to transport children using any vehicle or resource owned, operated or arranged by the childcare facility shall:


A. Signed Form Required: Verify that every child being transported has a current and valid "Permission to Provide Transportation" form signed by the child's parent or guardian and on record at the facility at the time the transportation is provided;


B. State Driver's License: Possess a valid State issued driver's license appropriate for the vehicle being driven;


C. City License: Possess a valid childcare worker license issued by the City;


D. Vehicle Registration, Insurance: Ensure that the vehicle is registered and insured according to State law;


E. Unattended Children: Not leave any child or children unattended or unsupervised in a vehicle at any time, for any length of time;


F. Front Passengers: Not transport any child under the age of thirteen (13) in the front passenger side of any vehicle with an enabled passenger side airbag;


G. Driving Under Influence; Reckless Driving: Not have been convicted, pleaded guilty to or received a withheld judgment for driving under the influence or reckless driving in the State, or any substantially conforming crimes in another state within the previous five (5) years; and


H. Restraint System: Have a restraint system for each child in the vehicle. Every restraint system shall comply with Idaho Code section 49-672 and Federal Motor Vehicle Safety Standard 213. Buses or other vehicles specifically designed for transporting children which are exempted from restraint system requirements under State and Federal law are also exempted from this rule. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-15: Health And Sanitation Standards


A. Inspection; Practices: Every childcare facility shall be inspected by the Central District Health Department for acceptable public health practices to prevent the spread of communicable diseases. These practices include, but are not limited to:

1. Every childcare facility shall be maintained in a sanitary condition;

2. Food for use in childcare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to use to prevent contamination;

3. All food that is to be served in a childcare facility shall be stored in such a manner that it is protected from potential contamination;

4. Any water supply, where the source is other than a public water system, shall be approved by the Central District Health Department prior to its original use and annually thereafter;

5. Medicines, cleaning supplies and other hazardous substances shall be stored out of children's reach.


B. Sanitary Conditions: Every childcare facility shall conform to appropriate sanitation conditions, including, but not limited to:

1. Every child who is ill shall be excluded from the general population;

2. Diaper changing shall be conducted in such manner as to prevent spread of communicable diseases;

3. Sleeping areas, play areas and fixtures shall be maintained in a safe and sanitary condition;

4. Children and workers shall be provided with individual or disposable towels for hand washing. The hand washing area shall include soap and hot and cold running water. Every childcare worker, juvenile childcare worker, volunteer or other childcare facility employee shall wash their hands after changing a diaper, using the restroom and prior to preparing or serving food or drink at the childcare facility;

5. Every restroom in a childcare facility shall be maintained in a sanitary condition;

6. Every kitchen in a childcare facility shall be maintained in a sanitary condition;

7. Smoking or alcohol consumption is prohibited on the premises of a childcare facility during the childcare facility's hours of operation;

8. Health and safety inspectors, including Central District Health or City Clerk inspectors shall not be denied access to a childcare facility during hours of operation for purposes of control of communicable disease or inspection.


C. Immunizations: Every childcare facility shall require all children to be age appropriately immunized within fourteen (14) days of initial attendance as provided in subsection 3-6-13A2g of this chapter. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-16: Safety Standards


A. Carbon Monoxide Detector: Every licensed childcare facility having a flame source utility on their premises shall be required to have a carbon monoxide detector operating at all times in the area where children are present. A multi-floor childcare facility with a flame source utility shall have a minimum of one carbon monoxide detector operating on each floor where any child is present.


B. Responsibility For Special Needs: All licensed childcare workers, owners, chief agents or designated responsible persons shall be responsible for the special needs of all children under their supervision, including:

1. The ability to recognize and respond to potentially hazardous and emergency situations; and

2. The mental and physical capability of assisting and supervising young children, including, but not limited to, the ability to lift children, equipment and supplies, and to quickly move young children out of harm's way.


C. Specific Standards: In addition to all other safety standards contained in this chapter, every childcare facility shall comply with the following health and safety standards:

1. Fire and smoke alarms as required by the City Fire Code shall be present and maintained in good working condition;

2. Fire extinguishers as required by the City Fire Code or the Fire Department shall be present and maintained in good working condition;

3. All exits shall be maintained free and clear of all obstructions, and marked in such a way as to be easily identified and located;

4. A functioning telephone shall be located on the childcare facility premises during hours of operation;

5. Every firearm or other weapon kept, stored or otherwise present on the premises of a childcare facility shall be kept in a locked container that is inaccessible to any child;

6. All cribs must meet Federal safety standards, including those enumerated in 16 CFR sections 1219 and 1220;

7. Every pool, hot tub, pond and other body of water on the property of a childcare facility shall provide the following safeguards:

a. The area surrounding a body of water must be fenced and locked in a manner that prevents access by children and meets the following requirements:

(1) Except as provided herein, the pool, hot tub, pond or other body of water shall be completely surrounded by a fence or barrier at least four feet (4') high, having no vertical opening more than four inches (4") wide, designed so that a young child cannot climb it or squeeze under or through it; and

(2) The required fence or barrier shall:

(A) Include an installed gate that is equipped with a self-closing mechanism that causes the gate to close automatically, and is equipped with a self-latching mechanism, located out of the reach of small children;

(B) Have no gaps, holes or openings that could allow unsupervised entry by any child; and

(C) Have all equipment and mechanisms required by this chapter present and maintained in good working condition.

b. If a house forms one or more sides of the fence or barrier, every door with access to the pool, hot tub, pond or other body of water shall be equipped with an alarm that produces an audible sound when the door is opened.

c. No furniture or other object shall be left near the fence required by this chapter that would enable or allow a child to climb on the furniture or other object to gain access to the pool, hot tub, pond or other body of water.

d. If a pool, hot tub, pond or other body of water is not fenced, gated and locked as required by this chapter, there shall be a secured protective covering placed over it such that access to the pool, hot tub, pond or other body of water by a child is impossible.

e. Wading pools must be empty when not in use by children supervised pursuant to this chapter.

f. Children must be under direct supervision of at least one adult childcare worker while using a pool, hot tub, pond or other body of water.


D. Building And Related Codes: Every building in which a childcare facility is operated shall comply with all applicable building, fire, health and zoning standards provided by law, including the safety standards specifically set forth in Idaho Code section 39-1109(1). Licensing by the City Clerk does not exempt the childcare facility from any other requirements, including Building Code, Fire Code and zoning ordinances. It is a violation of this subsection to operate any childcare facility in contravention of any applicable building, fire, health and zoning standards provided by law.


E. Notification Of Injury: All licensed childcare workers, owners, chief agents or designated responsible persons shall notify parents in a timely manner for any injury to a child while in the care of a childcare facility or provider.


F. More Restrictive Regulations: If any health, sanitation or safety regulation contained in the Idaho Statutes or regulations is more restrictive than this chapter, then the Idaho Statutes or regulations shall control. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-17: Healthy Initiatives


The City shall monitor and disclose to the public each childcare facility's compliance with regards to physical activity, screen time, nutrition menus and infant feeding standards as defined in this chapter. All records as required by this chapter shall be available for inspection by any member of the public. The healthy initiatives established by this chapter shall not be required for licensure by the City.


A. Physical Activity:

1. A child over the age of one year should receive a minimum of twenty (20) minutes of indoor or outdoor daily physical activity, weather permitting, every three (3) hours between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.:

a. Unless child is unable to participate in physical activity due to illness or disability; or

b. The child is not awake.

2. A daily time record showing blocks of time assigned to types of physical activity for each age group of children shall be maintained.


B. Screen Time:

1. A daily limitation on sedentary, noneducational screen time (media and computer) of no more than one hour per day or five (5) hours per calendar week during the childcare facility's hours of operation.

2. A daily time record for each age group of children showing the minutes that any screens are on shall be maintained, including, but not limited to, televisions, computers, tablet devices, cell phones, video game systems or any other media device.

3. Screen time shall be deemed sedentary and noneducational unless the owner has maintained a contemporaneous record documenting the specific educational objectives of the screen time and as approved by the Licensing Officer.

4. Use of screen time for a child's homework assignments or for a child with healthcare needs who require assistive and adaptive computer technology shall not be deemed sedentary and noneducational.


C. Nutrition Menus:

1. A menu which meets the USDA's Child and Adult Care Food Program (CACFP) meal patterns for infants and children. Facilities not providing meals or snacks are exempt from this requirement.

2. A weekly menu record shall be maintained of all meals and snacks provided by the facility. Records are not required if meals and snacks are not provided by the facility or if the facility is participating in one of the following meal programs:

a. Nutrition Works;

b. State Department of Education; or

c. Under the Umbrella.

3. Exemptions will be provided for medical purposes or religious beliefs in accordance with a written request from the child's parents, guardians or medical provider. Written requests about food shall be kept on site in the child's file.


D. Infant Feeding:

1. A private, designated location, other than a restroom, for breastfeeding shall be provided at childcare facilities.

2. The area shall be maintained in a sanitary condition, with access to an electrical outlet, chair and near running water.


E. Exemptions: All childcare facilities which hold one of the following accreditations are exempt from Healthy Initiative training and Healthy Initiative inspection requirements:

1. National Association for the Education of Young Children;

2. National Association for Family Childcare; or

3. Authorized Montessori schools accreditation as defined in subsection 3-6-12D4 of this chapter. (2019 Code)

3-6-18: Training Standards For Directors And Workers


A. Levels Designated; Criteria: Childcare facility directors and workers shall have their vocational and academic experience levels reviewed and be designated as a level I (assistant teacher), level II (teacher) or level III (senior teacher) for the purpose of establishing the number of training hours required for licensing. The following criteria shall be used to establish childcare experience levels and training requirements:

1. Level I (assistant teacher):

a. Has less than five (5) years full time experience in the childcare profession; and

b. Does not possess any formal academic degrees in early childhood education, development or psychology; and

c. Does not possess all of the professional childcare certifications identified within the level II definition.

d. Every level I assistant teacher is required to successfully complete at minimum fourteen (14) hours of training annually.

2. Level II (teacher):

a. Has at least five (5) years but less than ten (10) years of full time experience in the childcare profession; or

b. Possesses an Associate's Degree from an accredited university in early childhood education, development or psychology; or

c. Possesses a professionally recognized credential or certification in early childhood education, child development, child psychology or childcare.

d. Every level II teacher is required to successfully complete at minimum ten (10) hours of training annually.

3. Level III (senior teacher):

a. Has more than ten (10) years of full time experience in the childcare profession; or

b. Possesses a Bachelor's Degree or higher from an accredited university in early childhood education, development or psychology; or

c. Possesses an elementary or secondary teaching credential from the Board of Education of any state within the United States.

d. Every level III senior teacher is required to successfully complete at minimum eight (8) hours of training annually.

4. Training shall include the areas of childhood development, childhood education, childhood psychology, business management, safety or health (including CPR and first aid training).

5. Copies of training certificates indicating completion of the required training shall be included with the renewal application at the time of license renewal. Such training sessions are to be approved by the Licensing Officer.

Level Hours Of Required Training
Level I (assistant teacher) 14
Level II (teacher) 10
Level III (senior teacher) 8

6. New license holders have one year to meet training hours as defined above, with the exception of CPR and first aid, which are required upon application or prior to license issuance.


B. Healthy Initiatives Training: Every childcare facility license applicant shall complete a one time Healthy Initiatives training prior to licensure, except those facilities which are accredited by one of the following organizations:

1. National Association for the Education of Young Children;

2. National Association for Family Childcare; or

3. Authorized Montessori schools accreditation organizations as defined in subsection 3-6-12D4 of this chapter.


C. First Aid Training:

1. Every childcare worker and juvenile childcare worker shall maintain current adult, child and infant first aid and CPR certification from the American Heart Association, American Safety and Health Institute or the American Red Cross. CPR and first aid certifications shall remain current throughout the licensing period. CPR, first aid courses and qualified instructors shall meet American Heart Association, American Safety and Health Institute or the American Red Cross certification and instruction requirements. The materials covered in the certification must meet the following minimum requirements:

a. General principles of first aid; victim and rescuer safety; checking the adult, child or infant for injuries and illnesses.

b. Rescue breathing for adults, children and infants.

c. Signs and actions for adult, child and infant choking.

d. Adult, child and infant cardiopulmonary resuscitation (CPR), including special situations; use of a mask.

e. Adult and child automated external defibrillation (AED) training.

f. Medical emergencies: medical problems; diabetes and low blood sugar; seizures and shock.

g. Injury emergencies: bleeding; wounds; head, neck and spine injuries; breaks, sprains and bruises; burns and electrocution.

h. Environmental emergencies: bites and stings; temperature related emergencies; poisons; drowning.

2. All first aid and CPR classes must be hands on and in person training; courses cannot be entirely online. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-19: Standards Applicable To Childcare Facilities Operation And Childcare Workers


A. Criminal History And Background Checks:

1. Each applicant seeking licensure for a childcare facility must require that the following individuals complete and successfully pass a criminal history and background check by the Clerk's Office as set forth in this chapter and chapter 1, article A of this title for every: (Ord. 36-14, 9-30-2014; amd. Ord. 29-17, 9-19-2017; 2019 Code)

a. Owner, officer, childcare worker, juvenile childcare worker and volunteer;

b. Childcare facility resident; and

c. All other individuals thirteen (13) years of age or older who:

(1) Are regularly on the premises; or

(2) Would have a right of access based upon marriage, familial or intimate relationship; or

(3) Have right of access based upon their status as an owner or officer during hours of operation.

2. The applicant, or if the applicant is a business association and not an individual, the applicant's officers, chief agents and any childcare facility residents, if any:

a. May not have had a childcare facility license, childcare worker license or other similar permit or license revoked or suspended by the City, or any other state or local agency, within the five (5) years preceding the date of application;

b. Shall not have any outstanding warrants in the State or any other jurisdiction;

c. Shall not have pleaded guilty to, been convicted of (regardless of the form of judgment) or received a withheld judgment within the five (5) years preceding the date of application of any crime in this State, of any Federal crimes or any other crimes in another jurisdiction which, under the laws of the State, would be a felony. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

d. Shall not have pleaded guilty to, been convicted of, regardless of the form of judgment, or received a withheld judgment within the five (5) years preceding the date of application of any crime set forth in Idaho Code section 39-1113(3) and Idaho Administrative Procedures Act 16.05.06.210.02 and as may be amended from time to time.

e. Is currently listed in any state or Federal child abuse or neglect registry or database.

3. No person who pleads guilty to, has been found guilty of, or has received a withheld judgment for any offense involving neglect or any physical injury to, or other abuse of a child, including the offenses set forth in Idaho Code section 39-1113(2) and Idaho Administrative Procedures Act 16.05.06.210.02, as each may be amended from time to time, or a similar provision in another jurisdiction, shall be eligible for a license under the provisions of this chapter, including, but not limited to: (Ord. 29-17, 9-19-2017)

a. Aggravated assault, Idaho Code section 18-905;

b. Aggravated battery, Idaho Code section 18-907(1);

c. Attempted strangulation, Idaho Code section 18-923; and

d. Misdemeanor injury to a child, Idaho Code section 18-1501(2).

4. The applicant, or if the applicant is a business association and not an individual, the applicant's officers, chief agents and any childcare facility residents:

a. Shall not be a registered sex offender or be a person who has failed to register as a sex offender in the State, or any other state as required by law.

b. Shall not have ever been diagnosed by a licensed counselor, psychologist, psychiatrist or court appointed examiner as a pedophile.

c. Shall not have pleaded guilty to, been found guilty of or received a withheld judgment within one year preceding the date of application of any crime involving the use of alcohol, or the sale, possession or use of drugs, to include the use or possession of drug paraphernalia.

d. Shall immediately report to the City Clerk all misdemeanor and felony criminal convictions or withheld judgments committed after a license application has been submitted or a license granted, which shall mean no more than two (2) business days.


B. Childcare Facilities Operation Standards And Childcare Worker Duties:

1. Every childcare worker shall be constantly aware of the name, number and special needs of every child under his or her supervision.

2. Every juvenile childcare worker and volunteer shall be under the direct supervision of a licensed childcare worker while in direct contact with any child.

3. It is the duty of every childcare worker and facility owner or manager to ensure a designated responsible person or chief agent is present at the childcare facility at which the childcare worker is working during hours of operation.

4. Childcare workers who are primarily engaged in caring for children must be within sight or hearing of the children who are inside and outside the childcare facility at all times, including nap time, and must be available and able to immediately assist a child in an emergency. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-20: Right To Inspect


The Licensing Officer or health inspector may, upon presentation of proper identification, enter immediately and inspect any childcare facility at any time during the business hours of such facility, with or without advance notice. This inspection may include all portions of the premises or facility whether or not used regularly for childcare purposes or is child accessible. The Licensing Officer shall have the absolute right to enter the premises of any childcare facility as often as necessary to secure compliance with, or to prevent a violation of, this chapter. The failure of a licensee or other person to grant access to the Licensing Officer shall be express grounds for revocation of all City licenses held by the licensee, in addition to any criminal penalties that may be assessed. Violation of this provision is a criminal offense pursuant to section 3-6-23 of this chapter, and punishable as stated in section 3-6-24 of this chapter. (Ord. 29-17, 9-19-2017)

3-6-21: Visitation


Any parent or legal guardian shall have the absolute right to enter the premises of any childcare facility during the period of care for the parents' or guardians' child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for revocation of the license pursuant to section 3-1A-19 of this title and section 3-6-22 of this chapter. If a parent or guardian has been granted limited visitation or has been denied visitation rights by a court of competent jurisdiction, this section shall not confer a right to visitation. Violation of this provision shall be a criminal offense pursuant to section 3-6-23 of this chapter and punishable as stated in section 3-6-24 of this chapter. (Ord. 29-17, 9-19-2017)

3-6-22: License Denial, Revocation, Suspension And Review


A. Procedures: Except as otherwise provided herein, the procedures for denial, suspension, revocation and review of a license shall be as set forth in chapter 1, article A of this title.


B. Penalty Proportionate: Every civil license penalty imposed by the Licensing Officer shall be proportional to the type and severity of the violation.


C. License Denial: In the event the Licensing Officer determines that an applicant fails to qualify for a license governed by this chapter, the Licensing Officer may deny such applicant a license by following the procedures set forth in chapter 1, article A of this title. Additionally, every application which contains materially false or misleading information in connection to the applicant's background check shall be unconditionally denied, and may result in criminal charges or penalties as prescribed by law.


D. License Revocation: Pursuant to the requirements and procedures set forth in this chapter and chapter 1, article A of this title, the following violations, if found substantiated by the Licensing Officer, may result in the revocation of all applicable licenses governed by this chapter:

1. The licensee has plead guilty to, has been found guilty of, or has received a withheld judgment for, or has been sentenced for a violation of this chapter and chapter 1, article A of this title. In addition to the criminal penalties prescribed therefor, the licensee may have the affected license governed by this chapter revoked, and be ineligible for reapplication, reinstatement or issuance of any license governed by this chapter for a period of up to five (5) years.

2. In the event a licensee fails to take corrective action within the timeframe specified in a notice of suspension to resolve or correct the basis for a suspension of the license governed by this chapter and chapter 1, article A of this title, held by that licensee, the Licensing Officer may revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any license governed by this chapter for a minimum period of one year from the date of revocation.

3. If the Licensing Officer determines that a licensee failed to continue to have and maintain all of the qualifications and none of the disqualifications provided in this chapter and chapter 1, article A of this title, throughout the license period, the Licensing Officer may revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any such license until the licensee qualifies for the license and applies anew for said license.

4. If the Licensing Officer determines that an application for a license included fraud, misrepresentation or any material false statement, the Licensing Officer may revoke all licenses governed by this chapter held by that licensee. This revocation may prevent the licensee from obtaining or reinstating any such license for a period of up to five (5) years.

5. If the Licensing Officer determines that the activity, use or privilege conducted pursuant to the license is being or has been exercised so as to be detrimental to the public health, safety or welfare, the Licensing Officer may revoke the affected license. Such revocation shall prevent the licensee from obtaining or reinstating any such license until the Licensing Officer determines the detriment has ceased.

6. If the Licensing Officer determines that the license issued is being or has been exercised contrary to the terms or conditions of such license, or in violation of any law, the Licensing Officer may, in his/her discretion, revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any such license for a minimum period of one year from the date of revocation.

7. A third license suspension within one license term shall be deemed a revocation.

8. A person whose license is revoked shall be required to reapply for a new license, rather than apply for reinstatement of the revoked license.


E. License Suspension: Upon a finding of any of the following violations by the licensee, the Licensing Officer shall follow the procedures set forth in chapter 1, article A of this title, as applicable, in suspending any affected license governed by this chapter:

1. Every licensee who violates any provision of the Idaho Code or this Code, in addition to the criminal or civil penalties prescribed by law for such violation, may have all licenses governed by this chapter suspended for a period not to exceed one hundred eighty (180) days by the Licensing Officer.

2. A license governed by this chapter may be suspended even though no criminal charge or infraction is filed.

3. Unless otherwise provided in a notice of suspension, every license suspension shall be effective at twelve o'clock (12:00) midnight on the third day following the date written notice of the suspension is sent to the licensee. Every license suspension shall be effective immediately if hand served upon the licensee, unless otherwise determined by the Licensing Officer.

4. Upon determining that a licensee is in violation of any provision of the Idaho Code or this Code, but that the licensee does not pose an immediate threat of harm to the public health, safety or welfare, the Licensing Officer may precede the suspension of a license governed by this chapter with a notice of violation.

a. Every notice of violation issued pursuant to this chapter shall comply with section 3-1A-15 of this title.

b. The Licensing Officer shall not be required to serve a licensee with a notice of violation prior to suspending the affected license.

c. No notice of suspension shall be required to be served upon the licensee for a suspension following a notice of violation to take effect. The notice of suspension contained within the notice of violation shall suffice to provide notice of suspension.


F. Review: Every applicant who, upon application, is denied a license governed by this chapter, or who has a license governed by this chapter suspended or revoked, shall have a right of review. Unless otherwise expressly provided herein, review procedures shall follow those set forth in chapter 1, article A of this title. (Ord. 36-14, 9-30-2014; amd. 2019 Code)

3-6-23: Enforcement


The Licensing Officer is authorized to carry out the policies and procedures herein described, and may enforce the provisions of this title and chapter by imposing administrative license penalties, including suspension or revocation of the license, by initiating criminal charges by serving an Idaho uniform citation, or by referring a written report to the City Attorney's Office for review and filing of a complaint and summons or warrant in the Magistrate's Division of the District Court, or by both such administrative license penalties and criminal penalties. (Ord. 36-14, 9-30-2014)

3-6-24: Penalty


Unless otherwise provided herein, every violation of this chapter shall constitute a general misdemeanor, and every person deemed guilty thereof shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this Code, unless Idaho Code or this Code provides a specific lesser penalty for the violation set forth in this chapter. (Ord. 36-14, 9-30-2014; amd. 2019 Code)