(A) The phrase
GOOD MORAL CHARACTER when used in this chapter for the purpose of licensing shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open manner.
(B) A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of a person’s lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he or she has the ability to, and is likely to serve the public in a fair, honest and open manner, that he or she is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he or she seeks to be licensed.
(C) The following criminal records shall not be used, examined or requested by the city in a determination of good moral character:
(1) Records of an arrest not followed by a conviction;
(2) Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction;
(3) Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person’s likelihood to serve the public in a fair, honest, and open manner;
(4) Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
(D) When a person is found to be unqualified for a license because of a lack of good moral character, or similar criteria, the person shall be furnished by the City Clerk with a statement to this effect. The statement shall contain a complete record of the evidence upon which the determination was based. The person shall be entitled, as of right, to a rehearing on the issue before the City Commission if he or she has relevant evidence not previously considered regarding his or her qualifications.
(1990 Code, § 7.10)