5.08.030 Criminal conduct—Ineligibility for city licenses and permits.
A. Except as otherwise provided herein, conviction (including a plea of guilty or nolo contendere) of a felony, or a misdemeanor involving a crime of moral turpitude or conduct related to the nature of the permit requested, shall be prima facie disqualification of an applicant.
B. The city licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the city licensing authority 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 city licensing authority shall give notice of disqualification to an applicant disqualified under this section. 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 permit under this section may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city clerk within ten days of the date of the notice of disqualification. The council shall hear and determine the appeal within ninety days after it is filed. The determination of the council on the appeal shall be final. (Ord. 1202 § 4, 1991)
Prior to its repeal by § 3 of Ord. 1202, § 5.08.030 was entitled “License Fee – Occupational” and was derived from prior code § 6110.1.