HomeMy WebLinkAboutNS-1357MJK/kc 4-20-77
ORDINANCE NO. NS-1357
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTION 1-17 TO THE SANTA ANA MUNICIPAL CODE,
PERTAINING TO THE USE OF STATE SUMMARY CRIMINAL
HISTORY INFORMATION BY SPECIFIED OFFICIALS WHEN
INVESTIGATING APPLICATIONS OF LICENSES AND
PERMITS.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
amended
section
Section 1. That the Santa Ana Municipal Code is hereby
by adding a section, to be numbered 1-17, which said
reads as follows:
Sec. 1-17. Criminal Conduct; Issuance of licenses and
permits.
(a) Except as otherwise provided herein, conviction ~n-
cluding pleas of guilty and nole contendere) of a felony or of a
misdemeanor involving moral turpitude or an activity related to
the business or occupation for which the license or permit is
sought, shall be prima facie disqualification of an application
for the following city licenses or permits:
(1) Bingo;
(2) Public dancing;
(3) Peep show;
(4) Massage establishment; massage technician;
(5) Pawnbrokers, secondhand dealers;
(6) Charitable solicitation;
(7) Pool and billiard games;
(8) Companies and individuals engaged in
operating vehicles for hire, including,
but not limited to taxicabs and
ambulances;
(9) Figure model, figure model studio.
(b) 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:
(1) The type of license or permit for which the
person is applying;
(2) The nature and seriousness of the offense;
(3) The circumstances surrounding the
conviction;
(4) The length of time elapsed since the
conviction;
(5) The age of the person at the time of the
conviction; ~
(6) The presence or absence of rehabilitation
or efforts at rehabilitation;
(7) Contributing social or environmental
conditions.
(c) The city licensing authority shall give notice of
disqualification to an applicant disqualified under this provi-
sion. Such notice shall be in writing and delivered personally
or mailed to the applicant at the address shown on the application
and shall specify the reason or reasons for disqualification,
including, but not by way of limitation, the conviction or convic-
tions deemed disqualifying by the licensing authority. An
applicant who is disqualified for a city license or permit may
appeal such determination of disqualification pursuant to the
uniform hearing and appeal procedure set forth in Chapter 3 of
this Code.
-1-
ORDINANCE NO. NS-1357
Page Two
(d) Pursuant to Section 11105 of the Penal Code of the
State of California, the following officers of the city are
hereby authorized to have access to and utilize state summary
criminal history information:
(1) City Manager;
(2) Assistant City Manager;
(3) Chief of Police;
(4) City Attorney;
(5) Members of the City Council;
(6) Hearing officers appointed by the City
Council;
(~) The provisions of this section shall supplement those
provisions of the Code requiring the licenses and permits set
forth in sub-section (a) of this section.
Section 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any cou~ of compe-
tent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one
or more section, subsections, clauses or portions be declared
invalid or unconstitutional.
ADOPTED, this 24th
by the following vote, to wit:
AYES,
day of May , 1977,
COUNCILMEN: Ward, Brandt, Yamamoto, Evans, Garthe
NOES,
ABSENT,
ATTEST:
COUNCILMEN: Bricken, Ortiz
COUNCILMEN: No~
MAYOR
APPROVED AS TO FORM:
GOW, City 'Attorney'