(A) As a part of the City’s processing an application for a license or renewal thereof, to the extent that the applicant proposes to engage in a business or use reflected in division (B) of this Section, the Police Chief or his or her designee shall have the authority and responsibility to conduct any background investigation deemed necessary and appropriate as a general matter in order to insure the health, safety and welfare of the community. The specific purposes of such a background investigation include but are not limited to:
(1) Determination as to the truthfulness and correctness of information provided by an applicant in completing any application, or providing any other information to the City in the process of applying for a license pursuant to this Chapter.
(2) (a) The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of existing or proposed business in the City or a natural person employed or contracted or leased with to be an operator has not been convicted or pleaded nolo contendere or guilty within five (5) years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to:
1. The sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058;
2. The sale, distribution or display of harmful and obscene matter, or indecent exposure;
3. Selling or disposing of lottery tickets;
4. Permitting gambling, pool selling or bookmaking; or
5. Alcohol or drug-related traffic offenses.
(b) The investigating City employee is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
(3) Identification of any other potential detriment to the public health, safety, or welfare that may be presented by City issuance of the license or license renewal in question, i.e., harm that may arise from or relate to applicant's operation or business.
(B) Except as otherwise specified in this Code, the only businesses or uses that may be subject to a background investigation per this Section are those engaged in, or proposing to engage in activity related to any of the following:
(1) Alarm installation.
(2) Alcohol.
(3) Firearms.
(4) Foreclosure consultation.
(5) Pawn shops.
(6) Security guard companies and private patrol operators.
(7) Vending from a pushcart or vending vehicle.
(8) Businesses or uses determined, on a case-by-case basis by the Chief of Police, Fire Marshall, or either of their designees, potentially detrimental to the public health, safety and welfare.
(C) The applicant shall submit the full names of all of the directors, officers or stockholders holding more than five percent (5%) of the stock if the business is a corporation or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of existing or proposed business in the City. The applicant shall also submit the full names of all natural persons employed or contracted or leased with to be an operator of the business. No one may operate or assist in operating any business without being named in the business license application.
(D) The Police Chief or his/her designee shall have the discretion to waive the performance of any background investigation authorized by this section and the fee chargeable hereunder.
(E) Any background investigation conducted pursuant to this section shall be initiated within ten days of an applicant's filing of a business license application or renewal application, and shall be complete within 45 days of commencement.
(F) In the event that the Chief of Police or his/her designee determines that due to extraordinary circumstances, completion of a particular background investigation performed pursuant to this section, in a manner satisfactory to protect the community, requires more than the 45 days provided by division (D) hereof, the Police Chief or his/her designee shall provide written notice of that fact to the business license or renewal applicant in question. That written notice shall include a succinct explanation of the circumstances that have caused the delay in the investigation's completion.In issuing any such written notice, the Police Chief or his/her designee may extend the time allowed for completion of the investigation in question by not more than 45 additional days.
(G) The City Council shall set and from time to time adjust by resolution a non-refundable fee, due concurrent with an applicant's filing of its/his/her application for a license per this chapter. Concurrently, the City Council shall also set any potential supplemental fee for background investigations of unusually lengthy duration. All such fees and supplemental fees so set shall be chargeable by the city and payable in full by the applicant in exchange for background investigation services performed pursuant to this section. The City Council shall only adopt such fees or supplemental fees in accord with all applicable law. An applicant's failure and/or refusal to pay any fee or supplemental fee hereunder shall be a violation of this provision.
(Ord. 1558, passed 5-6-09; Am. Ord. 1652, passed 4-16-14)