(a) The Issuing Officer may deny a new license on any of the following grounds:
(1) Applicant does not meet the minimum age requirements established by federal, State or County law or regulation for the activity. If no other law or regulation provides for a minimum age, the minimum age is 18.
(2) The applicant or any person on the applicant's behalf has made any false statement of a material fact in the application or in any report or record the applicant is required to provide or maintain under this code; or
(3) The activity at the location proposed is prohibited by any federal, State or County law or regulation; or
(4) If less than five (5) years have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation/parole/post-release community supervision, the applicant has been convicted of any felony involving theft, fraud, violence, sex with a minor, sale of any controlled substance on Schedules I-V of the Health and Safety Code or any other felony involving moral turpitude. The applicant's conviction within five years of any of the above stated offenses shall be prima facie evidence of the applicant's unfitness for a license governed by this chapter. The applicant may present evidence of rehabilitation that the Issuing Officer or any hearing officer shall consider in determining the applicant's fitness for a license, but the applicant bears the burden of overcoming the presumption of unfitness resulting from the conviction.
(b) Except for an Entertainment Establishment License under sections 21.2101 et seq. the Issuing Officer may also deny a new license required by this chapter for the following additional grounds if the applicant:
(1) Within five years preceding the date of the application has been convicted of or held by any final administrative determination to have been in violation of any statute, ordinance or regulation reasonably and rationally related to the license they are applying for or any offense involving deceptive trade practices or other illegal business practices that cast doubt upon the applicant's qualifications, character or fitness to engage in the activity for which the license is requested; or
(2) Violated any ordinance or law regulating the activity for which applicant requests a license; or
(3) Fails to meet any State Law requirement for a license. If State Law precludes the Issuing Officer from applying any portion of paragraphs (b)(1) and/or (b)(2) above to the application process the Issuing Officer may only rely upon grounds not precluded by State Law.
(4) Suffers from alcoholism, drug addiction or any other physical or mental disorder, condition or disease that the Issuing Officer determines renders the applicant unfit to engage in the activity for which the applicant seeks a license.
(c) The Issuing Officer shall issue the license or notify the applicant within 30 days after the applicant filed a complete application that the license has been denied.
(Amended by Ord. No. 5290 (N.S.), effective 11-30-78; amended by Ord. No. 6879 (N.S.), effective 1-17-85; amended by Ord. No. 7912 (N.S.), effective 6-27-91; amended by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10312 (N.S.), effective 2-6-14)