Section 5.38.060 License - Application - License Clerk Action, Appeal to City Council.

A. Upon receipt of the report from the Chief of Police, the City License Clerk shall act upon the completed application.

B. The City License Clerk shall approve the application, unless investigation discloses tangible evidence that the conduct of the applicant would pose a threat to the public health, safety, morals and general welfare of the community.

C. Tangible evidence of any one of the following shall be considered valid reason for denial of a business license under the provisions of this chapter:

1. Has been convicted of a crime or of moral turpitude;

2. Has made willful misstatements or has falsified the application, or any other materials requested by the City as part of the application process;

3. Has committed prior violations of ordinances pertaining to merchandising and the like;

4. Has committed prior fraudulent acts;

5. Has a record of continual breeches of solicited contracts; or

6. Has a demonstrated record of unsatisfactory moral character.

D. If the City's Licensing Clerk denies approval of the application, the applicant may, within fifteen (15) calendar days of such denial, request in writing to the City Manager that the City Council consider approval of the application.

E. Upon receiving a written request to consider approval of a license application under the provisions of this chapter, the City Council shall act upon such request within twenty (20) calendar days from the time the request was received by the City Manager. The City Council, with or without a hearing, may refuse to grant any license applied for under this chapter, when in its opinion, it is necessary for the protection of public health, safety, welfare, peace or morals, and in no case need any cause be stated. The acts of the Council in denying any license shall not be subject to any review whatsoever, except in the cases in which such action has been procured by fraud. In any case where a license is so denied, no application may be filed with the City License Clerk by the same applicant at the same location for a period of six (6) months from the time of denial. For the purpose of this chapter, the City Council may, in its discretion, distinguish between classes of licenses in determining proximity, both to location and as to influence upon the public health, safety, welfare, peace or morals. (Ord. 93-11 § 3 (part): prior code § 11-09.1-006)