Each applicant for a permit to engage in the business of peddler, hawker, transient or itinerant merchant, solicitor, drummer, canvasser, or telephone solicitor shall be photographed and fingerprinted.
Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendre) of a felony or misdemeanor shall be prima facie disqualification of an applicant for such permit.
The City licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the City licensing authority shall consider the following factors:
(a) The type of business license or permit for which the person is applying;
(b) The nature and seriousness of the offense;
(c) The circumstances surrounding the conviction;
(d) The length of time elapsed since the conviction;
(e) The age of the person at the time of the conviction;
(f) The presence or absence of rehabilitation or efforts at rehabilitation; and
(g) Contributing social or environmental conditions.
The City licensing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.
An applicant who is disqualified for a City business license or permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days after the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager on the appeal shall be final.
Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling the licensing duties set forth in this section: the City Manager, City Attorney, and Finance Director.
(§ 2344, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971, and § III, Ord. 619-NS, eff. April 7, 1977)