3-4-7: INVESTIGATION FEE; INVESTIGATION OF APPLICANT; ISSUANCE OF LICENSE:
Background investigations shall be required for all individuals participating in door to door sales, promotional and/or advertising purposes, all individuals operating mobile food concessions and vendor carts. Site managers seeking to operate non-mobile stands (including food/beverage sales and fireworks stands) shall be required to obtain a background investigation. (Ord. 808, 3-12-2019)
   A.   At the time of filing an original application, the applicant shall pay any direct costs incurred by the City in obtaining background investigation results and the license fee set forth in section 3-4-8 of this chapter as established by resolution of the Eagle City Council.
   B.   Upon receipt of an application, the City Clerk shall refer the application to the Chief of Police of the City of Eagle Police Department, who shall cause an investigation to determine validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk.
   C.   Upon receipt of the findings of the Chief of Police or his designee, but no later than thirty (30) days from the date of submission of the completed application and all application materials required by this chapter, the City Clerk shall either issue a City of Eagle license to the applicant or deny the application. Where the City Clerk denies an application, he or she shall notify the applicant of such denial in writing, which shall include notice of the right to appeal as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.
   D.   The City Clerk shall deny an application for a license where:
      1.   Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete;
      2.   The applicant has been convicted of:
         a.   A violation of any provision of this section within the five (5) years preceding the date of submission of the application.
         b.   Reckless driving, eluding a police officer, racing, and/or failure to carry insurance within the five (5) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a vendor, peddler, solicitor, and/or temporary merchant.
         c.   A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a vendor, peddler, solicitor, and/or temporary merchant.
         d.   Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application.
         e.   A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application.
         f.   Any crime involving, or related to, firearms or other weapons.
         g.   Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons.
         h.   Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity.
         i.   Any crime involving, or related to, drugs or illicit substances.
      3.   The applicant is or at any time has been required by any law or legal order to register as a sex offender.
Such denial may be appealed pursuant to the provisions of section 3-4-15 of this chapter. (Ord. 791, 4-24-2018, eff. 6-1-2018)