HomeMy WebLinkAbout0720ORDINANCE NO. 720 (1977 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADDING SECTIONS 6100.3.1 and 6100.3.2 TO ARTICLE
VI, CHAPTER 1 OF THE MUNICIPAL CODE, RELATING TO
CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CITY
BUSINESS LICENSE.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Municipal Code Article VI, Chapter 1 is hereby amended by
adding Sections 6100.3.1 and 6100.3.2 to read as follows:.
SECTION 6100.3.1. CRIMINAL CONDUCT: INELIGIBILITY FOR CITY LICENSES
AND PERMITS.
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 the following City licenses or permits:
(a) Arcade operations
(b) Card rooms
(c) Massage parlors
(d) Mechanical amusement devices
(e) Pawn shops
(f) Taxi cabs
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:
0 720
Ordinance No. 720
(1977 Series)
(a) The type of business-.license or permit for which the person
is applying;
(b) The nature and seriousness of the offense;
(c) The circumstances surrounding the conviction;
(d) The length of time elapsed since the conviction;
(e) The age of the person at the time of the conviction;
(f) The presence or absence of rehabilitation or efforts at
rehabilitation;
(g) Contributing social or environmental conditions.
The City licensing authority 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.
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 Director of Finance
within ten (10) days of the date of the notice of disqualification. The
Director of Finance shall hear and determine the appeal within ninety (90)
days after it is filed. The determination of the Director of Finance on
the appeal shall be final.
SECTION 6100.3.2. ACCESS TO INFORMATION FOR LICENSING OR PERMIT PURPOSES.
Pursuant to Section 11105 of the Penal Code of the State of California,
the following officers of the City are hereby authorized to have access to
and to utilize State Summary Criminal History Information when it is needed
to assist them in fulfilling licensing duties as set forth in this chapter:
(a) City Council Members
(b) City Administrative Officer
1)
Ordinance No. 720 (1977 Series)
(c) City Attorney
(d) Director of Finance
(e) Chief of Police
SECTION 2. The City Clerk shall forward a certified copy of this
Ordinance to the Department of Justice, Criminal Records Security Unit.
SECTION 3. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three days prior to its final passage, in
the Telegram- Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days
after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the '6th day of Septembgr1977,
on motion of Councilman Dunin seconded by Councilman Jorgensen , and
on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
ATTEST:
City,G'Terc J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LI LEY
CITY ATTORNEY
By Allen Grimes
Approved as to content:
City Administrative fficer
Police
Director of Finance
-3-
ORDINANCE NO. 720
FINALLY PASSED this 20th day of September , 19 77,
on motion of Councilman Gurnee seconded by
Councilman Jorgensen on the following roll call vote:
AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
J. 'it z ick, CITY CLERK