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ORDINANCE NO. 21
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING
TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING
TO BUSINESS LICENSES AND REGULATIONS.
THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows :
Section 1. Section 6 .08 .080 of the Atascadero Municipal Code
is amended to read as follows :
Section 6 .08 .080 . Grounds for denial of license: Ineligibility
for city licenses and permits.
A license may be denied if the applicant has knowingly made
a false statement in a material matter either in his application
or in his testimony before the Council or other body hearing such
testimony, or before a referee appointed by the Council.
A license shall be denied unless the premises of the proposed
business and the operation thereof comply with current building,
fire, and health code requirements of the City.
In addition, except as otherwise provided herein, conviction
(including pleas of guilty and nolo contendere) of a felony or
' misdemeanor shall be prima facie disqualification of an applicant
for the following city licenses or permits :
' (a) Adult book stores
(b) Adult movie theaters
(c) Arcade operations
(d) Billiard rooms
(e) Bingo operations
(f) Card rooms
(g) Fortune telling
(h) Head shops
(i) Massage parlors
(j) Mechanical amusement devices
(k) Pawn shops
(1) Taxi cabs
The City licensing authority, however, may disregard such con-
viction 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 :
(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;
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ORDINANCE NO. 21
(d) The length of time elapsed since the conviction;
(e) The age of the person at the time of the conviction;
(f) The presence or absence of rehabilitation or efforts
at rehabilitation;
(g) Contributing social or environmental conditions.
The City licensing authority shall give notice of disquali-
fication 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 disqualified for a city business license
or permit under this provision may appeal such determination of
disqualification. Such appeal shall be in writing and filed with
the Finance Director within ten (10) days of the date of the notice
of disqualification. The appeal shall be referred to the City
Manager who shall hear and determine the appeal within ninety (90)
days after it is filed. The determination of the City Manager on
the appeal shall be final.
Section 2. Section 6 .08 .161 is added to the Atascadero
Municipal Code to read as follows :
' Section 6.08.161. Access to information for licensing or
perms purposes.
' Pursuant to Section 11105 of the Penal Code of the State of
California, the following officers of the City are hereby author-
ized to have access to and- to utilize State Summary Criminal His-
tory Information when it is needed to assist them in fulfilling
licensing duties as set forth in this chapters
(a) City Councilmembers
(b) City Manager
(c) City Attorney
(d) Finance Director
(e) Chief of Police
Section 3. The provisions of this ordinance are intended to
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supersede any Provision of Ordinance No 2 which is in conflict
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therewith.
Section 4 . The City Clerk shall cause this ordinance to be
published once within fifteen (15) days after its 'passage in the
Atascadero News, a newspaper of general circulation, printed,
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ORDINANCE NO. 21
' published and circulated in this City in accordance with Section
' 36933 of the Government Code; shall certify the adoption and post-
ing of this ordinance; and shall cause this ordinance and its
certification, together with proof of posting, to be entered in
the Book of Ordinances of this City.
Section 5. This ordinance shall go into effect and be in
full force and effect at 12 :01 a.m. on the thirty-first (31st)
day passage.
after e.
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The foregoing ordinance was introduced, adopted, and ordered
published, at a meeting of the Council held on April 28 1980,
by the following vote :
Ayes : Councilmen Highland, Mackey, Nelson, Stover and
' Mayor Wilkins
Noes: None
' Absent: None
Ro ert J. Will s, Jr. , Mayo
ATTEST:
rra Warden, City Cle
Approved as to orm: Approved as to content:
Allen Grimes, City Attorney Mur y L. arden, City Manager
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rCERTIFICATION
I hereby certify that the foregoing is a full, true,
and correct copy of Ordinance No. 21 passed by the
Atascadero City Council at its regular Council meeting held
on April 28, 1980
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r MU Y L
ARDEN, City Cle k
C' ty of Atascadero, California
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