Section 28-115 Grounds for refusal.


Prior to the adoption of Ord. 17348 on 06/17/2002, Section 28-115 read as follows.


(a)    The business license administrator shall determine whether to issue a driver's certificate based upon the report of the chief of police and all other relevant facts and may deny the applicant a certificate when:

    (1)    The applicant filed an incomplete application.

    (2)    The applicant made a false statement on the application.

    (3)    The applicant has been convicted of:

        a.    A federal or state felony within the past ten (10) years;

        b.    Any misdemeanor involving theft or violence or the sale of drugs or sexual abuse within the past five (5) years;

        c.    Any state, county or municipal offense which involves driving a motor vehicle while intoxicated or driving a motor vehicle while under the influence of alcohol or narcotic drugs or driving a motor vehicle with excessive blood alcohol content within the past three (3) years;

        d.    Leaving the scene of an accident within the past two (2) years;

        e.    Failure to report an accident within the past two (2) years; or

        f.    Any violation of this article within the past two (2) years; or

    (43)    The applicant's state chauffeur's, operator's or driver's license was revoked or suspended within the past two (2) years.

    (54)    A permit or certificate issued to the applicant under this article was revoked within the past two (2) years.

    (65)    The applicant is an habitual drunkard or is addicted to the use of narcotic drugs.

(b)        Applicants have the burden of demonstrating good moral character.  If an applicant has been convicted of a felony within the past ten (10) years, any misdemeanor involving theft or violence or the sale of or possession of illegal drugs or sexual abuse within the past five (5) years or any offense which involves driving a motor vehicle while intoxicated or driving a motor vehicle while under the influence of alcohol or narcotic drugs or driving a motor vehicle with excessive blood alcohol content within the past three (3) years, or leaving the scene of an accident, failure to report an accident or any violation of this article within the past two (2) years, the business license administrator may deny the license after considering the nature of the crime or offense committed in relation to the license sought, the conduct of the applicant since the violation and other evidence as to the applicant’s character.

(Ord. No. 12094, § 1, 12-12-88; Ord. No. 13514, § 1, 11-16-92)