(A) The city may deny a license application submitted pursuant to this chapter for any of the following reasons:
(1) The character and reputation of the applicant as a law-abiding citizen and whether the applicant has a history of behavior that endangers the public welfare or safety or that shows a lack of character, to be determined at the discretion of the City Clerk or his/her authorized designee based upon the applicant’s history of misdemeanor and/or felony convictions.
(a) A conviction, or the existence of an active arrest warrant for applicant, for any of the following criminal offenses, on its own, shall constitute grounds for denial of an application under this section: burglary, theft, arson, fraud, robbery, any crime involving sexual violence against another person, any crime committed while displaying or using a weapon of any kind, and any crime that caused the death of another person.
(b) Reports or complaints by citizens about applicant or applicant’s employer, especially those pertaining to fraudulent or misleading sales practices or tactics, threatening behavior, or criminal activity, shall be considered in determining whether to deny a license application under this section.
(c) Any reports regarding food safety, sanitation, or food borne illness that are made by an individual about any applicant shall also be considered in determining whether to deny a license application under this section. Any complaints about an applicant regarding food safety, sanitation, or food borne illness must also be reported by the complainant to the Iowa DIA for investigation. Depending on the nature and severity of the complaint submitted, the city may, at its sole discretion, advise the complainant that they must submit the complaint to the Iowa DIA for investigation, or alternatively, the city may submit the complaint directly to the Iowa DIA for investigation.
(d) Minor traffic offenses (except where applicant has three or more traffic offense convictions within the 18 months prior to submitting their application) and parking violations shall not be considered for purposes of this section.
(2) Giving incomplete, false, or misleading information on the license application;
(3) Whether the applicant has ever had a similar license suspended or revoked by the city or any other jurisdiction;
(4) If the proposed activity is likely to cause undue congestion of a public area;
(5) If the proposed activity is likely to cause excessive or unusual noise;
(B) If the entity by whom the applicant is employed satisfies any of the conditions listed in division (A) of this section such that the City Clerk, or his/her authorized designee, determines that the entity presents a danger to the health, welfare or safety of the public, the city may deny a license to any applicant representing said entity for a period of one year, after which the entity, or agents representing the entity, may again submit applications for consideration. The city shall issue a written denial under this subsection stating the grounds for its determination and the date on which the entity, or agents representing the entity, may again submit applications for consideration by the city.
(C) Any denial of a license application or of an entity’s ability to obtain licensure of its agents/employees under this section shall be made by the city in writing, including the basis for the denial and the entity/applicant’s right to appeal the decision pursuant to the provisions of §§ 112A.09 through 112A.10 of this chapter. The city shall issue any written denial under this section within 20 days (postmark date) of the city’s receipt of the completed application. An applicant or entity wishing to appeal the city’s denial must provide written notice of appeal to the City Clerk within seven days of the date stated on the denial notice. Upon receipt of a timely notice of appeal, the City Clerk and the aggrieved applicant/entity shall follow the procedures outlined in §§ 112A.09 through 112A.10 to conduct said appeal.
(Ord. 2613, passed 5-14-2019)