(a) Where notice and hearing is required under Sections 70-63 and 70-64 of this article, a minimum of ten days written notice of the hearing shall be given to the applicant or licensee by certified mail, return receipt requested, deliverable to the address shown in the application. No further notice shall be required.
(b) The Police Chief or the Chief's designee shall preside at any such hearing, shall hear the evidence, and render a decision on denial or revocation of the license. The applicant or licensee may have legal representation for such hearing, and the City Attorney, at the Police Chief's request, may appear and present evidence on behalf of the city. A record of the hearing shall be made.
(c) In considering evidence related to the denial of a license or revocation of a license, the Police Chief shall hear evidence establishing a prima facie violation of the article as set out in this article, and shall also consider evidence of mitigating circumstances against denial or revocation of any such license.
(d) For those hearings dealing with denial of a license on the basis of Section 70-63(c) or revocation of a license on the basis of Section 70-64(f), the Police Chief, in considering the evidence for determining whether or not denial of the license or revocation of the license is appropriate under this article, shall consider the following evidence (as well as evidence establishing prima facie that denial or revocation of a license is appropriate under this article):
(1) the extent and nature of the applicant or licensee's past criminal activity;
(2) the age of the applicant or licensee at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant or licensee's last criminal activity;
(4) the conduct and work activity of the licensee or applicant prior to and following the criminal activity;
(5) evidence of the applicant's or licensee's rehabilitation or rehabilitative effort while incarcerated or following release;
(6) other evidence of the applicant's or licensee's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested or had custodial responsibility for the applicant or licensee; letters of recommendations from the sheriff and Chief of Police in the community where the applicant or licensee resides; and similar letters of recommendation from any other persons in contact with the applicant or licensee.
(e) Following close of the evidentiary portion of the hearing, and oral arguments having been taken, the Chief of Police shall determine whether or not, based on the evidence submitted, a license should be denied or revoked as provided in this article, or whether or not, based on the evidence presented, there are factual reasons or mitigating circumstances why such license should not be denied or revoked.
(f) In considering evidence under subsection (d) of this section, it shall be the responsibility of the applicant or licensee to secure and provide to the Chief of Police the recommendations of the prosecutorial, law enforcement, and correctional authorities set out herein. The applicant or licensee shall also furnish proof in such form as may be required by the Chief of Police that he or she has maintained a record of steady employment and has supported his or her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted.
(Ord. No. 2900, § 2, 2-24-00)