5.02.105 Criminal conduct – Ineligibility for City licenses and permits.
A. Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an Applicant for the following City licenses or permits: ambulances, amusement devices, art figure studios, auctions and auctioneers, automobiles for hire, billiards, bowling and poolhalls, cardrooms, circuses and shows, merchandise coupons, firearms sales, massage parlors, pawnbrokers, secondhand and junk store dealers, race tracks, and taxicabs.
B. The Chief of Police, however, may disregard such conviction if it is found and determined by the Chief of Police that mitigating circumstances exist. In making such determination, the Chief of Police shall consider the following factors:
1. The type of business license or permit for which the Person is applying;
2. The nature and seriousness of the offense;
3. The circumstances surrounding the conviction;
4. The length of time elapsed since the conviction;
5. The age of the Person at the time of the conviction;
6. The presence or absence of rehabilitation or efforts at rehabilitation;
7. Contributing social or environmental conditions.
C. The Chief of Police shall give notice of disqualification to an Applicant disqualified under this provision. Such notice shall be in writing and delivered Personally or mailed to the Applicant at the address shown on the application.
D. An Applicant who is disqualified for a City business license or permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within 10 days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within 90 days after it is filed. The determination of the City Manager on the appeal shall be final.
E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the City are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section: City Manager, Assistant City Manager, Director of Finance, Chief of Police, and City Attorney. (Ord. 1743 § 1, 1977).