A. Except as provided in subsection C of this section, a food vending vehicle driver permit shall be issued by the director:
1. Upon receipt of a complete application and payment of the permit fee, as specified in Section 5.68.090;
2. After fingerprinting of the applicant by the police department, if the director so requires; and
3. After submission of four recent dated portrait photographs, one to be attached to the application, one to be attached to the driver permit if issued, and two for the use of the police department.
B. A driver permit shall be denied by the director on any of the following grounds:
1. The applicant failed to comply with the requirements of this section;
2. The information submitted pursuant to Section 5.68.090 is materially false or incomplete;
3. The applicant has any unpaid administrative penalties imposed pursuant to Chapter 1.28 for the violation of provisions of this chapter;
4. Within twelve (12) months of the date of application, the applicant has had his or her driver permit revoked; or
5. The applicant has been convicted of a crime, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has committed any act involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit himself or herself, or another, or substantially injure another, or has a physical or mental disability or incapacity, or takes medication, uses alcohol or any controlled substance as defined in the California Health and Safety Code.
Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection (B)(5) only if the director finds the crime, act, disability, incapacity or impairment from a substance consumed is substantially related to the qualifications, functions or duties of a food vending vehicle driver. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under California Penal Code Section 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering a petition under California Penal Code Section 4852.01, et seq. (Ord. 2015-0016 § 1)