HomeMy WebLinkAboutOrd 1977-1743 . ORDINANCE NO. 1743
AN ORDINANCE OF THE CITY OF CHULA VISTA 1�MENDING
CHAPTER 5 .02 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A NEW SECTION 5 . 02 .105 REI.ATING TO
THE AUTHORIZATION FOR THE-.USE OF CRIMINAL HISTORY
INFORb'fATION IN .CERTAIN INSTANCES RELATING TO
LICENSES AND INELIGIBILITY FOR OBTAINING BUSINESS
LICENSE FOR CRIMINAL CONDUCT
0
The City Council of the City of Chula Vista does hereby
resolve as follows :
SECTION I : That Chapter 5 . 02 of the Chula Vista Muni-
cipal Code is hereby amended by adding thereto a new Section
5. 02 .105 to read as follows :
Sec. 5 . 02 .105 Criminal Conduct - Ineligibility
for City Licenses and Permits .
Except as otherwise provided herein, conviction
(including pleas of guilty and nolo contendere) of a
felony or misdemeanor shall be prima facie disguali-
fication of an applicant for the follocaing city
licenses or permits :
Ambulances
Amusement devices
Art figure studios
Auctions and auctioneers
Automobiles for hire
Billiards, bowling and pool ha11s
Cardrooms
Circuses and shows
Merchandise coupons
Firearms sales
Massage Parlors
Pawnbrokers, secondhand and junk store dealers
Race tracks
Taxicabs
The Chief of Police, however, may disregard such
conviction if it is found and determined by the Chief
of Police that mitigating circumstances exist. In
making such determination, the Chief of Police 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 con-
viction;
(f) the presence or absence of rehabilitiation or
efforts at rehabilitation;
(g) contributing social or environmental conditions.
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The Chief of Police shall give notice of dis-
qualification 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 disquali£ied for a city business
license or permit under this provision may appeal such
determination� of disquali£ication. Such appeal shall
be in writing and filed with the City Manager within
ten. (10) days of the date o£ the notice of disquali-
fication. The City Manager shall hear and determine
the appeal within ninety (90) days after it is filed.
The determination of the City P4anager on the appeal
shall be £inal.
Pursuant to Section 11105 of the Penal Code of the
State of Cali£ornia, the following officers of the City
of Chula Vista are hereby authorized to have access to
and to utilize state summary criminal history informa-
tion when it is needed to assist them in fulfilling
licensing duties set forth in this section:
City Manager
Assistant City Manager
Director o£ Finance
Chief of Police
City Attorney
SECTION II : This ordinance sha11 take effect and be in
full force on the thirty-first day from and after its passage and
approval. .
Presented by Approved as to form by
Xt"/ �Z��i���C�C�/�" � /��� ',�c��,��/'
'/ v ��rr� � George�Lindberg, City Atto y/
George D. Lindberg, City
Attorney
,�3 .
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd doy of May
197 � , by the following vote, to—wit:
AYES� Councilmen Cox , Hyde , Egdahl
NAYES� Councilmen None �
ABSTAIN� Coiuicilmen �'one
ABSENT: Councilmen Hobel
Vacancy : Council Seat # 3
(�J � �� «�L
Mayor of ihe City of Ch VisTa
ATTE
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA ) .
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thot the above and foregoing is a full, true and correct copy of
,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
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CC-660