(a) Upon receipt of a license application, the Chief of Police, or his designee, shall investigate the applicant. The license shall be approved or denied within two business days from receipt of a completed application. For purposes of this chapter "business day" shall mean weekdays (Monday thru Friday) excluding legal holidays.
(b) The Chief of Police or his designee, shall approve and issue the license if:
(1) All of the statements made in the application are true;
(2) The applicant has all materials required to be provided including a valid photographic identification card;
(3) The applicant has not been convicted of a "specified criminal act" for which: (i) less than two years have elapsed since the date of conviction, the date of completion of probation, or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; (ii) less than five years have elapsed since the date of conviction, the date of completion of probation, parole or community control, or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for the specified criminal acts; (iii) less than five years have elapsed since the date of conviction, that date of completion of probation, parole or community control, or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses arising out of different incidents for specified criminal acts offenses occurring within any 24-month period. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of the above described specified criminal acts may qualify for a license only when the time period required above has elapsed.
(4) The applicant has not had a license revoked by the City in the past pursuant to Section 828.07.
(c) (1) In the event issuance of a license is refused, or in the event of the revocation of an issued license, the Chief of Police or his designee shall give written notice of a refusal to issue a license required by this chapter, or revocation of such license previously granted, to the applicant. Within five days of service of such notice, the applicant may provide to the Chief of Police in writing a response requesting an appeal hearing which shall include an address at which notice may be sent by overnight mail, an email address for electronic notice, or a fax phone number for notice of a hearing date, and a statement of reasons why the license or application should not be denied or revoked. If no response requesting an appeal hearing is received by the City within said time, the action shall become final. If a written response requesting an appeal hearing is timely received, the Chief of Police shall notify the City Manager or his or her designee of the receipt of such written response requesting an appeal hearing and the City Manager shall set a date of the hearing, which shall be within five days. The City Manager shall conduct a hearing, and at which respondent shall have the opportunity to present evidence and witnesses on his or her behalf. The respondent may appear and be heard in person, or by his/her attorney, in opposition to the decision and do any of the following:
A. Present his/her positions, arguments and contentions;
B. Offer and examine witnesses and present evidence in support;
C. Cross-examine witnesses purporting to refute respondent's position, arguments and contentions;
D. Offer evidence to refute evidence and testimony offered in opposition to his/her position, arguments and contentions; and
E. Proffer any such evidence into the record, if the admission is denied by the City Manager.
(2) If after the hearing the City Manager finds that grounds as specified in this chapter exist for denial or revocation, then such action shall become final and notice of such final action shall be sent to the applicant. If the City Manager finds that no grounds exist for denial or revocation he or she shall overturn the denial or revocation. The City Manager shall issue his or her decision no later than two business days after the hearing.
(Ord. O-22-6. Passed 4-7-22.)