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7/31/78
ORDINANCE NO. NS-1437
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 1-17 OF THE SANTA ANA
MUNICIPAL CODE TO PERMIT ACCESS TO LOCAL
SUMMARY CRIMINAL HISTORY INFORM3%TION BY
SPECIFIED CITY OFFICIALS IN FULFILLING
EMPLOYMENT, CERTIFICATION AND LICENSING
DUTIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That Section 1-17 of the Santa Ana Munici-
pal Code, is hereby amended to read as follows:
Sec. 1-17. Criminal conduct; Issuance of licenses
and permits.
(a) Except as otherwise provided herein, con-
viction (including pleas of guilty and nole contendere) of
an applicant, if an individual, or any officer or director
or 10 percent shareholder of a corporation, if the applicant
is a corporation, or any of the partners, including limited
partners, if the applicant is a partnership, of a felony or
of a misdemeanor involving moral turpitude or any 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 con-
viction;
(4) The length of time elapsed since the
conviction;
ORDINANCE NO. NS-1437
PAGE TWO
(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's licensing authority shall give
notice of disqualification 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 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.
(d) Pursuant to Sections 11105 and 13300 of the
Penal Code of the State of California, the following
officers and officials of the City are hereby authorized
to have access to and utilize state summary criminal
history information and local 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;
(e) The provisions of this section shall sup-
plement those provisions of the Code requiring the licenses
and permits set forth in subsection (a) of this section.
ADOPTED, by the City Council of the City of Santa
Ana on the 21st day of Au§ust , 1978, by the
following vote:
AYES:
NOES:
ABSENT: COUNCILMEN: Br ick~
ATTEST
:
COUNCILMEN:Brandt, Garthe, 0rtiz,
Yamamoto, Ward
COUNCILMEN: Evans
MAYOR
TO FORM:
KEITH L. GOW
CITY ATTORNEY