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ORDINANCE NO. <br />Page ten <br /> <br />NS- 1710 <br /> <br /> (d) The applicant has fully cooperated <br />in the investigation of the application; <br /> <br /> (e) The applicant if an individual; or <br />any of the directors, officers or stockholders <br />holding more than five percent (5%) of the stock <br />of the corporation; or any of the partners, including <br />limited partners, or profit interest holder, <br />manager or other person principally in charge of <br />the operation of the existing or proposed business <br />of vending from an ice cream truck or a natural <br />person employed or contracted with to be a driver <br />has not been convicted or pleaded nolo contendere <br />or guilty within five (5) years prior to his <br />application for a permit to a misdemeanor or <br />felony crime of moral turpitude or drug-related <br />misdemeanor or felony crime, including but not <br />limited to: the sale of a controlled substance <br />specified in California Health Safety Code ~ <br />11054 through 11058; the sale, distribution or <br />display of harmful or obscene matter; indecent <br />exposure; selling or disposing of lottery tickets; <br />permitting gambling, pool selling or bookmaking; <br />or in the case of applications for an operator's <br />permit, alcohol or drug-related traffic offenses. <br />The investigating city employee is specifically <br />authorized to obtain state summary criminal history <br />record information as provided for in section <br />11105 of the California Penal Code. Any complaint <br />for the above-listed charges pending before a <br />court of law shall cause the application to be <br />considered pending until adjudication of the <br />complaint. <br /> <br />Sec. 36-458. DENIAL OF PERMIT <br /> <br /> (a) If the city manager does not find that all <br />of the requirements set forth in Sections 36- <br />454(c) or 36-455(c) have been met, he shall deny <br />the application for vendor's or operator's permit. <br />In the event the application for the permit is <br />denied by the city manager, written notice of such <br />denial shall be given to the applicant specifying <br />the ground or grounds of such denial. Notice of <br />denial of the application for the permit shall be <br />deemed to have been served if it in fact is personally <br /> <br /> <br />