[Added by Ord. 75-14]
Any application for a permit required by this Article shall be signed and verified by the applicant and shall set forth the following:
A. 
The name and address of the applicant.
B. 
The name and address of the person by whom employed, if any. If filed in behalf of a partnership, corporation or association, the names and addresses of the partners or principal officers of such corporation or association.
C. 
The nature of the business for which a permit is requested.
D. 
The place where such business is to be conducted.
E. 
A brief description of the nature and amount of the equipment to be used in such business.
F. 
The personal description of the applicant.
G. 
Evidence of the identity of the applicant of such character, as the Council or Director, as the case may be, may require.
H. 
Fingerprints and thumbprints of applicant only when specifically requested.
Unless otherwise provided in this Article, the fee for filing an application for a permit shall be Ten Dollars ($10.00) payable in advance and shall not be refundable. The license fee prescribed in this Article for the particular business shall be in addition to the permit fee and shall accompany the application. If the permit is denied the license fee shall be refunded.
[Amended by Ord. 2004-11]
The City Council does hereby create a License and Permit Hearing Board which shall consist of two members of the City Council. The City Council members of the Board shall be appointed by the City Council and shall serve at the pleasure of the City Council. Said Board shall have the power and authority to hear and conduct all proceedings for the granting and issuance of all permits required by this Article, subject to the limitations hereinafter contained and to revoke or suspend any permit or license granted or issued under the provisions of this Article. The decision of said Board shall be final unless appeal is taken, as hereinafter provided, to the City Council. Said Board shall be governed by the following procedures:
A. 
Permit Application and Hearing. Said Board shall formulate all necessary rules and regulations governing the application to be made for a permit, investigation of said application and concerning the hearing before the Board on said application. The Board shall require reports from the Chief of Police and other City officials and agencies concerning the character, fitness, qualification of any applicant, as well as concerning the effect on the public health, peace, welfare and safety of the granting of any application. Any applicant shall be entitled to a hearing before said Board and to reasonable notice of the time and place of said hearing and the right to be represented by counsel and to present all pertinent and relevant evidence pertaining to said application.
B. 
Issuance of Permits. Said Board shall have the power to grant permits required by this Article, except permits for patrol systems, taxicabs and tumbling, when all necessary clearances from the Law Enforcement, Health Agency or other investigating agencies as required, have been obtained, and where it has received no evidence indicating that the public health, safety or welfare, or that the purposes of this Article will be injured by the granting of such a permit, and where in addition there are no protests or objections to the granting of said permit. In the event any of the foregoing should exist, the Director of Finance must refer the application for a permit to the City Council for hearing. In addition, the License and Permit Hearing Board may, in its discretion, refer any application for a permit for a hearing before the City Council considering the same, and said Board must refer all applications for permits to the City council when its action would be to deny said permit.
C. 
Board. As used in this Chapter, Board includes City Council.
Except as otherwise provided in this Article, the Board after investigation of said applicant and of the business proposed to be conducted upon such premises, may grant or refuse to grant a permit. The Board shall have the right to refuse to grant any permit if it determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants. In addition no permits shall be granted if:
A. 
The granting of the permit would result in the establishment of the use or occupancy of land in violation of the Zoning Ordinance or Zoning Law or Zoning Map of the City.
B. 
The granting of the permit would result in an occupancy or use in violation of any other provision of regulation of this Code.
C. 
The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance.
D. 
The granting of the permit, by reason of a special or unusual circumstances, would be detrimental to the public interest or endanger the public health, safety, morals or welfare.
E. 
The applicant therefor is a person unfit to be trusted with the privileges granted by such a permit and it is in the public interest that he not be granted such a permit.
F. 
The applicant therefor has knowingly made a false statement on a material matter in his application or in his testimony before the Board and it is, therefore, in the public interest that he not be granted such a permit.
G. 
Except as otherwise provided for herein conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for a permit, provided, however, that the board may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such determination the board shall consider the following factors:
[Added by Ord. 77-12]
1. 
The nature of the business for which the permit has been issued, and whether the business is unrelated to the conviction;
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.
The Director of Finance shall give notice of disqualification to any person disqualified under this subsection. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application permit.
In granting any such permit, the Board may in the application of the aforementioned standards and in order to protect the public peace, health, safety, morals and welfare impose reasonable condition or regulation pertaining to the conducting of such business in addition to, but not limited thereby, those regulations contained in this Article in order to protect the public health, safety, morals and welfare.
Upon receipt of an application for a permit under this Article the same shall be referred by the Director of Finance to the appropriate agencies for investigation and report as to, where relevant, zoning, building, health, safety, fire and law enforcement and upon receipt of said report the matter shall be set for hearing before the Board upon prior written notice to the applicant of not less than five (5) days, unless said notice should be waived by the applicant. At the time of the hearing the Board shall consider and hear all reports and any relevant and material evidence. In any such hearing the applicant shall be given an opportunity to appear either personally or by counsel and to be heard and to call witnesses on his behalf.
The hearing may be continued from time to time as determined necessary by the Board or upon request of the applicant upon cause being shown therefor.
If a permit be denied, the license fee paid shall be refunded, but the permit fee shall not be refundable.
Any license or permit issued under this Article may be revoked or suspended in the following instances:
A. 
Where the licensee or permittee or any other person directly engaged in the management and operation of the place of business has:
1. 
Been convicted in a Court of competent jurisdiction by a final judgment of an offense involving the presentation, exhibition of performance of an obscene production, motion picture or play, or an offense involving the use of force and violence upon the person of another, or any offense involving misconduct with children, or where said person has allowed or permitted acts of sexual misconduct be committed at a place of business.
B. 
Where the licensee or permittee has violated any provision of this Article or any other provision of the Municipal Code or any other provision of law.
C. 
Where a permit or license has been granted on false or fraudulent evidence, testimony or application.
D. 
Where the licensee or permittee has violated the terms and provisions of said license or permit.
E. 
Where the licensee or permittee has been convicted (including pleas of guilty and nolo contendere) may disregard any conviction if he finds and determines that mitigating circumstances exist. In making such determination the Director of Finance shall consider the following factors:
[Added by Ord. 77-12]
1. 
The nature of the business for which the permit has been issued, and whether the business is unrelated to the conviction;
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.
The Board may adopt rules and regulations providing the Director of Finance guidelines as to which, if any, misdemeanors shall be included in making the aforementioned determination. If the Director of Finance should determine a permit or license should be revoked or suspended by reason of the provisions of this section, notice thereof in writing setting forth said determination shall be given to the board and to the licensee or permittee, and said licensee or permittee shall be entitled to a hearing as hereinafter provided.
EXCEPTION. Notwithstanding the foregoing or any other provision of this Article to the contrary, licenses issued to automotive repair dealers, chiropractors, laboratory technicians, dentists, medical doctors, opticians, physical therapists, nurses, psychologists, pharmacists, veterinarians, accountants, advertising architects, landscape architects, building designers, attorney, barbers, engineers, collection agencies, contractors, cosmetologists, private detectives, funeral directors, shorthand reporters, structural pest control operators, land surveyors, ship brokers, cleaners and dryers, electronic repair dealers, real estate agents and brokers, marriage counselors, auto dealers, boxers and wrestlers, furniture and bedding dealers and manufacturers, manufacturers of paints, petroleum activities, dealers in secondhand goods, or any other business, profession or trade where the determination of issuance or revocation of the right of any person to engage in such business, professions or trade is vested in a State Board or agency, shall be issued upon filing the requisite application and payment of the requisite fees and shall not be subject to revocation or suspension except any such license may be revoked for nonpayment of fees or upon revocation of the State Board of agency license.
No license or permit shall be revoked or suspended until such permittee has had a hearing before the Board and has had an opportunity to either personally or by counsel or by both to defend himself and present evidence on his behalf.
All matters pertaining to revocation or suspension of licenses or permits shall be referred by the Director of Finance to the Permit Hearing Board.
The Permit Hearing Board in lieu of holding such a hearing may, in its discretion, transfer the matter to the City Council for public hearing before the City Council.
A. 
Notice. All hearings shall be upon written charges filed with the Director of Finance. Thereafter, the Director of Finance shall give notice to any licensee or permittee to appear before the Board at a time and place set for such hearing, to show cause, if any there may be, why the license, permit, or certificate issued to such licensee or permittee shall not be revoked or suspended.
Said notice shall state the grounds for complaint or reasons for suspension in clear and concise language. The notice shall be served upon the licensee or permittee by mail or personally, not less than five (5) and not more than ten (10) days prior to the date set for hearing.
Upon good cause being shown, the licensee or permittee shall be entitled to a continuance until the next meeting of the Board.
B. 
Appeal From Decision of Hearing Board. In all cases where the matter of suspension or revocation is heard by the License Permit Hearing Board, any person aggrieved by the decision of said Board may appeal from the same by filing with the City Clerk within ten (10) days after receiving notification of the decision of said Board, as hereinafter provided, a written statement signed by said person so aggrieved stating that he has elected to appeal from said decision of said Board and that he requests a hearing on his appeal before the City Council. The City Clerk shall thereafter set the matter for hearing before the City Council within thirty (30) days of the receipt of said notice of appeal. Such hearing before the City Council may be continued from time to time. The City Clerk shall mail a notice to, or personally serve, the person aggrieved, notifying him of the time and place of said hearing, said notice to be mailed or served not less than five (5) days prior to said hearing. At the time of the hearing the City Council shall consider the report and the decision of the Hearing Board and the record of the evidence heard and submitted to said Board. In addition, the City Council may receive any new or additional evidence the person aggrieved desires to submit which is relevant to the issues involved. Following the conclusion of the hearing before the City Council, the City Council shall render its decision within thirty (30) days. The decision of the City Council shall be final.
Any license, permit or certificate issued pursuant to this Article may be suspended prior to a hearing thereon as hereinbefore and hereinafter provided, in the following instances:
A. 
When the Director of Finance has received a recommendation from the law enforcement agency or the health enforcement agency of this City that the preservation of the public health, safety and peace demand it immediate suspension; or
B. 
When it appears to the City Council that an immediate suspension of the same is necessary for the protection of the public health, morals, safety and welfare.
In the event of such a suspension, the Director of Finance shall, within twenty-four (24) hours after the same, cause to be served upon such licensee, permittee or the holder of a certificate, a written statement containing the reason for suspension and a notice of hearing to show cause. A hearing on said revocation shall thereafter be held not later than twelve (12) days following the service of said notice.
At any hearing provided for in this Article the licensee or permittee shall be given an opportunity to appear either personally or by counsel, and to be heard, and to defend himself, and he may call witnesses on his behalf. The hearing board may continue such hearing from time to time upon cause being shown therefor, provided however that if the license has been suspended prior to said hearing the same must be completed within two days including the first day of hearing.
After conducting such hearing as hereinabove provided, the said hearing board may revoke, suspend or reinstate any such license or permit upon such terms and conditions as in the exercise of a reasonable and sound discretion it shall determine.
Any notice required to be given under this Article may be given either by personal delivery thereof to the licensee or permittee by personal delivery thereof to any employee of such licensee or permittee at his place of business mentioned in the said license or permit, provided said licensee or permittee is absent from said place of business, or by depositing in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified in said license, or in other public records pertaining to the matter at which such notice is directed. Service by mail shall be deemed to have been completed at the time of the deposit in the Post Office.
Proof of giving notice herein provided may be made by the certificate of any officer or employee of this City, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Chapter.
The Director of Finance shall orally or in the manner hereinbefore provided for giving notice, notify the licensee or permittee of any finding, suspension, revocation or reinstatement made by the hearing board, or any conditions attached thereto.
The hearing board after revoking or suspending any such license or permit shall notify the Director of Finance of such fact, and thereafter no license shall be issued by said Director of Finance to any licensee or permittee to carry on any business or do any act for which such license or permit was granted until a new license or permit shall have been granted therefor by the City.
No person whose license or permit has been revoked or suspended pursuant to this Article shall engage in or carry on any business, or do any act permitted to be done pursuant to such license or permit during the period of suspension, or after revocation thereof, until a new license or permit shall have been granted.
No person shall make any false, misleading or fraudulent statement, or misrepresentation of any fact in any application for a license or permit required to be filed with the City. In addition to any other penalties provided in any Chapter of this Code, such conduct shall be grounds for suspending or revoking any license or permit issued to such person.
Such permit shall be posted in a conspicuous place on the premises where the business for which such permit is issued is conducted and shall remain so posted during the period the permit shall be in force.
Notwithstanding any provisions of this Chapter to the contrary, the City Council may act in lieu of the Board, and in such an event it shall act as a City Council subject to the terms and provisions of this Chapter applicable to the Board.
[Added by Ord. 92-2; amended by Ord. 98-9]
Any hearing conducted by the Director of Finance or the Permit Hearing Board, or the City Council pursuant to this Chapter shall be concluded by a grant or denial by said person, board or council within sixty (60) days from the time of the filing of the application, appeal, or revocation proceedings, unless said time limit is waived by all interested parties. In the event any application for a license or permit is denied, the person aggrieved may appeal the same as provided in Section 6306, and the expedition of said appeal as provided in this Section shall apply as well.