§ 21-4. Definition and determination of good moral character.

(a)

The provisions of this section shall not apply to any person or entity applying for or holding an adult business license pursuant to chapter 21.2 of this Code.

(b)

The term "good moral character" shall mean the ability and propensity of a person to serve the public in a fair, honest, open and safe manner.

(c)

The chief of police or such other city employees as he or she may designate shall investigate and determine the moral character of any person applying for a special regulatory license or required to have good moral character by any other provisions of this code. Each investigation shall include a criminal history check of the applicant, and each applicant shall be fingerprinted and photographed as a part of such investigation; provided, that any natural person who has been fingerprinted by the city for any licensing purposes within one year of the date of application for another license requiring a background check shall not be required to be fingerprinted a second time. The chief of police or his or her designee may inspect the applicant's proposed business premises and request additional information from the applicant related to the applicant's moral character as a part of such investigation.

(d)

The following records may be used as evidence in determining that a person lacks good moral character:

(1)

Convictions for misdemeanors involving dishonesty, deceit, theft, assaultive conduct or sexual misconduct;

(2)

Convictions for felonies or misdemeanors involving dishonesty, deceit, theft, assaultive conduct or sexual misconduct taking place more than five (5) years prior to the date that an application is submitted;

(3)

Convictions which have been reversed or vacated for reasons unrelated to the person's actual guilt or innocence;

(4)

Judgments in civil actions involving dishonesty, deceit, theft, assaultive conduct or sexual misconduct;

(5)

Any other reliable records or information which reflects on the applicant's moral character.

(e)

When a person is found to be unqualified for a license under section 21-3 or this section, the person shall be furnished by the city with a written statement to that effect. The statement shall contain a summary of the reasons for the denial.

(Ord. No. 1724, § 1, 6-2-92; Ord. No. 1758, § 1, 3-9-93; Ord. No. 1919, § 1, 12-10-96; Ord. No. 2077, § 4, 5-11-99)