A. All license applications under the provisions of this chapter shall be filed with the city clerk, along with a nonrefundable investigation fee, the amount of which will be set by resolution of the board of councilmen from time to time. If the actual total cost of investigating any license application exceeds the fee, the applicant shall be responsible for and pay the city the amount in excess of the fee.
B. Upon presentation of any license application to the city clerk, the city clerk shall refer such application to the chief of police or his designee for investigation. The chief of police or his designee shall conduct a full investigation of all information contained in the license application, which investigation shall include, but shall not be limited to, the following:
1. A complete check of all records of the federal bureau of investigation and any other similar organization concerning the criminal record of any applicant.
2. A personal interview with each applicant.
3. An interview, either personal or by mail, with all employers of the applicant and business associates of the applicant, as shown in the license application.
4. Examination of the financial statement and financial background of the applicant.
5. Any other investigation reasonably deemed necessary by the chief of police or his designee.
C. Within thirty (30) days after any application is referred by the city clerk to the chief of police or his designee, the chief of police or his designee shall report the results of his investigation in writing to the board, which report shall include, but shall not be limited to, the following:
1. A complete statement of the results of all investigations undertaken.
2. A list of any errors or omissions found to exist in the application.
3. An evaluation of the personal and financial status and background of the applicant.
4. A statement as to whether, in his professional opinion, further investigation is necessary or desirable.
D. The chief of police or his designee may, with the consent of the board, employ a certified public accountant to assist with the financial investigation and the expenses of such accountant shall be chargeable to the applicant who shall be required to post in advance with the city clerk an amount sufficient to cover the estimated expense.
E. In the event the cost of an investigation conducted under the provisions of this section exceeds the investigative fee required by subsection A of this section, the applicant shall upon request of the board post with the city clerk an amount sufficient to cover the estimated additional expense.
F. At the conclusion of the investigation any unused additional investigative funds which the applicant was required to deposit under the provisions of subsection C, D or E of this section, exclusive of subsection A of this section, shall be refunded.
G. Within thirty (30) days after receiving the chief of police or his designee's report, the board may:
1. Refer the application back to the chief of police or his designee for additional investigation.
2. Require a personal interview with the applicant.
3. Require the applicant to submit additional information relative to his application.
4. Grant or refuse to grant a license under the provisions of this chapter.
H. The board may, based upon just cause which includes, but is not limited to, the following, refuse to grant a license to any applicant:
1. If the applicant has ever been convicted of a felony.
2. Where an applicant or an applicant's spouse or any other individual listed on the application that would have any interest in the brothel, has been convicted of any felony.
3. Where an applicant is financially insolvent or is inadequately financed.
4. Where an applicant has a history of financial instability.
5. Where an applicant has wilfully omitted or incorrectly stated any material fact in the license application.
6. Where an applicant has any financial interest in, or connection with, any business which is illegal where such business is located.
7. Where an applicant's license under the provisions of this chapter would be contrary to the health, welfare or safety of the city of Wells or its residents.
8. When the proposed establishment is not in the correct zoning.
9. Where an applicant has business relationships with persons or entities that would be denied a license for reasons other than financial instability or insolvency.
10. Where an applicant has ever been convicted of the possession, use, and sale, or furnishing of any narcotic, hallucinogenic or dangerous drug.
11. Where an applicant has ever been convicted of any crime involving theft, embezzlement or misappropriation of funds.
12. Where an applicant has ever been convicted of any crime involving violence with the use of any deadly or dangerous weapon.
13. Where an applicant has ever been convicted of any crime involving illegal use of firearms.
14. Where an applicant has ever been convicted of a gross misdemeanor offense of obstructing justice or resisting an officer within five (5) years before the filing of the application.
I. Upon denying any application for a license under the provisions of this chapter, the applicant shall have thirty (30) days within which to cure any defect in the application, and such application may be again submitted to the board for consideration, and herein provided, within thirty (30) days after such denial. (Ord. 192, 6-26-2001)