§ 6.10.040. Denial of work identification card.

(a) The sheriff or his authorized designee may deny the issuance or renewal of a work identification card for the following reasons:

(1)

The applicant has submitted an incomplete referral form or has made false, misleading or fraudulent statements with respect to any material fact contained in the referral form for a work identification card;

(2)

The applicant has within seven years of the date of referral, been adjudicated guilty in a court of competent jurisdiction of a felony crime involving violence, theft, or fraud; the sale, possession, distribution or use of a controlled substance; or a law of any other jurisdiction which prohibits the same or similar conduct; or

(3)

The applicant has, within three years of the date of referral, been adjudicated guilty in a court of competent jurisdiction of a gross misdemeanor crime involving violence, theft, or fraud; the sale, possession, distribution or use of a controlled substance; or law of any other jurisdiction which prohibits the same or similar conduct; or

(4)

The applicant has, within three years of the date of referral, been adjudicated guilty in a court of competent jurisdiction of any crime not included within subsection (a)(2) or (a)(3) involving deceptive trade practices, consumer fraud, intent to defraud, fraudulent advertising, or other illegal business practices related to the nature or conduct of the business for which the referral form is made; or

(5)

The applicant has, within one year of the date of referral, been adjudicated guilty in a court of competent jurisdiction of any crime not included within subsection (a)(2) or (a)(3) involving moral turpitude, as defined in Section 6.04.005, which crime is of such a nature that continued employment of the applicant in that specific occupation will disrupt the peace, health, safety, and welfare of the county. If a crime of moral turpitude is also a crime specified in another section of this code, the more specific section controls.

(6)

A work identification card for the applicant has been previously denied, suspended or revoked within one year of the date of referral form or the renewal thereof has been denied by Clark County or any other jurisdiction within one year of the date of referral form for any of the grounds set forth in this subsection (a).

(b)

Chapters of the code that require persons involved in specific regulated or privileged businesses to have work identification cards shall provide grounds for denying the issuance or renewal instead of the general grounds outlined in subsection (a) of this subsection.

(c)

The fact that an adjudication of guilt from a court of competent jurisdiction is being appealed shall have no effect on the denial, non-renewal, suspension or revocation of a work identification card for the applicant, or, in the case of a child care provider applicant, other persons associated with the applicant; however, any adjudication of guilt that is overturned, reversed, expunged or vacated on appeal shall not be considered grounds for denial of a work identification card.

(d)

If an applicant's initial plea or adjudication of guilt in a court of competent jurisdiction is reduced following the successful completion of probation, the date of said initial plea or adjudication of guilt shall be the date used for purposes of all calculations of time pursuant to subsection (a) of this section.

(e)

The sheriff or his designee shall notify the applicant in writing of the denial of a work identification card pursuant to subsections (a) and (b) of this section, including the reason(s) for such denial, and, if applicable, include the false, misleading or fraudulent statement in question or information concerning criminal convictions by a court of competent jurisdiction that is sufficient to allow the applicant to sign an agency specific release authorizing use in proceedings regarding the denial.

(Ord. 1611 § 1, 1994: Ord. 634 § 1 (part), 1979)

(Ord. No. 3892, § 5, 8-18-2010; Ord. No. 4025, § 1, 5-15-2012)

Editor's note

Ord. No. 3892, § 5, adopted Aug. 18, 2010, repealed the former § 6.10.040 and renumbered § 6.10.050 as 6.10.040 as set out herein. The former § 6.10.040 pertained to temporary work identification card for first ninety days and derived from Ord. No. 634, § 1(part), 1979; and Ord. No. 1234, § 4, 1990.