3-1A-11-3: TIER 3 BUSINESSES:

No applicant or licensee will be issued or renewed a license to engage in or operate a tier 3 business if, in addition to the disqualifiers listed in sections 3-1A-11-1 and 3-1A-11-2 of this article, the applicant or licensee, or his employees:

   A.   Sex Offender: Is required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8301 et seq., or the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8401 et seq.;

   B.   Specific Misdemeanors: Has, within three (3) years prior to the date of making application for such license or application for renewal, been convicted of any misdemeanor involving: the use of force against the person or property of another; the threat of force against the person of another; stalking, telephone harassment, or violations of protection orders or no contact orders; theft or larceny; the use, possession or sale of illicit drugs or drug paraphernalia; possession of a concealed weapon; or illicit sexual activity. Provided, however, that any applicant, licensee or any of his affiliates, or employees who has not had a prior conviction within the past three (3) years solely because he has been incarcerated shall be disqualified;

   C.   Specific Sexual Offenses: Has a conviction, whether felony or misdemeanor, involving the sexual battery of any person, sexual exploitation, or sexual abuse of a minor or vulnerable adult, enticement of a minor, child pornography, kidnapping, lewd conduct with a minor, prostitution, rape, or homicide; or

   D.   Domestic Violence: Is a respondent in a current domestic violence protection order entered pursuant to Idaho Code title 39, chapter 63 after receiving notice of and an opportunity for hearing; provided, entry of an ex parte order pursuant to Idaho Code section 39-6301 et seq., shall not apply herein. (Ord. 2-26, 2-10-2026)