It shall be unlawful to operate a card room, coin operated gaming
machine or bungee jumping business in the City of Escondido.
(Ord. No. 95-1, § 1, 2-8-95)
Upon receipt of an application for the following businesses,
a license application shall be forwarded to the chief of police or
fire chief for a background investigation of the applicant:
Ambulances;
Auctions and auctioneers;
Billiard room and poolroom;
Bingo;
Cabaret;
Casino parties;
Check-cashing facilities;
Convalescent service vehicle driver;
Dance club, adult and teen;
Escort services;
Firearms dealers;
Holistic health;
Massage establishment and massage technicians—See Chapter
16A;
Practitioners;
Secondhand dealers/pawnbrokers;
Street patrol;
Street patrol special officer;
Swap meets;
Taxicab;
Vehicle for hire/limousine;
Wheelchair buses.
(Ord. No. 95-1, § 1, 2-8-95)
The chief of police or fire chief shall investigate applications
for licenses required by this article and shall have the authority
to require of the applicants such additional information as is necessary
to conduct a thorough investigation. The chief may send copies of
the application to any office or department the chief deems necessary
to conduct a proper investigation. The purpose of the investigation
shall be to investigate the truth of the matters set forth on the
application and to determine the suitability of the premises to be
used for the activity to be licensed.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
Except
as otherwise provided herein, conviction (including pleas of guilty
and nolo contendere) of a felony or misdemeanor shall be prima facie
disqualification of an applicant for a license for any of the businesses
listed in section 16-131 of this article.
(b)
The
chief of police or fire chief, however, may disregard such conviction
if it is found and determined that mitigating circumstances exist.
In making such determination, the following factors will be considered:
(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)
Pursuant
to Section 11105 of the Penal Code of the State of California, the
following officers of the City of Escondido are hereby authorized
to have access to and utilize state summary criminal history information
when it is needed to assist them in fulfilling licensing duties set
forth in this section:
(Ord. No. 95-1, § 1, 2-8-95)
For those activities listed in section 16-131 of this article
for which a state or county license or permit is required, the applicant
will be required to provide either a certified copy of that license
or a copy of license and a certification of the information by the
applicant.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
The
chief of police or fire chief may deny an application for a permit
or license, if it is found:
(1)
That the applicant does not fulfill the requirements for the license
as set forth in this article; or
(2)
That the applicant, or an agent or representative has knowingly made
any false, misleading or fraudulent statement of a material fact in
the application or any document in connection therewith; or
(3)
The applicant, or any members of an applicant organization, have
been convicted of a felony under the laws of this state or have been
convicted of any offense under the laws of any other state which would
have been punishable as a felony if committed in this state.
(b)
If
the application is denied, the chief will notify the business license
officer of such denial and the business license officer will notify
the applicant.
(Ord. No. 95-1, § 1, 2-8-95)
