§ 22-196. Grounds for denial of licenses.

(a)

The finance director shall deny an initial application for or application for renewal of a special business license if the finance director finds in writing:

(1)

The applicant failed to provide information in connection with the application requested by the city, preventing the chief of police from make his or her determination as to suitability to conduct or work at the business;

(2)

Statements made in the application or any information submitted supplementary to the application are incorrect or untrue;

(3)

That any of the following persons have been convicted of a crime and the time for appeal has elapsed or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Penal Code § 1203.4, or has done any act involving dishonest, fraud or deceit with intent to substantially injure another; and the chief of Police concludes that by reason of the crime or act the applicant would not conduct the business enterprise in a law-abiding manner or would conduct the business in a manner which does not subject patrons of the business enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:

a.

A general or limited partnership or a partnership which possesses an ownership interest in the enterprise;

b.

A joint venturer in a joint venture which possesses an ownership interest in the business and if one or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;

c.

A sole proprietor when the enterprise is a sole proprietorship;

d.

A director, when either a commercial or non-profit corporation possesses an ownership in the business; or

e.

A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the business; or

f.

A president, general manager, vice-president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the business.

(4)

That a basis for denial of the license as authorized by this Code exists, including provisions governing adult oriented businesses, massage establishments, cardrooms, and bingo hall.

(b)

Notwithstanding such information in this subsection, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Penal Code § 4852.06 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Penal Code § 4852(6).

(c)

The finance director shall also deny an application for renewal of a special business license if he/she determines that one or more conditions applicable to the previous license have been violated or the business does not comply with city, state, federal or otherwise applicable codes, rules, regulations or laws.

(Ord. No. 2008-09, § 3, 5-8-2008)