5.90.140 Qualifications – Denial, suspension or revocation of licenses – Procedure – Appeals – Emergency suspensions.
(a) The Chief of Police may deny an application, or suspend or revoke a license issued to:
(1) Any person under 18 years of age;
(2) Any person convicted of a felony;
(3) Any person convicted of any of the following crimes within 10 years prior to the date of the application:
(i) A crime involving dishonesty or fraud;
(ii) A crime involving the use of a firearm;
(iii) A crime of violence; or
(iv) A crime involving any controlled substance.
(4) Any person who is subject to a court order that restrains such person from harassing, stalking, or threatening others or an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place others or an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subsection shall only apply to a court order that:
(i) Was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(ii)
(A) Includes a finding that such person represents a credible threat to the physical safety of others or an intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against others or an intimate partner or child that would reasonably be expected to cause bodily injury.
(5) Any person against whom a judgment for fraud, deceit or misrepresentation has been entered within 10 years immediately preceding the date of application;
(6) Any person who provides false or incomplete information or fails to provide any requested information on his/her application.
(b) It shall be unlawful for any person holding a license or temporary license to fail to report to their employer, or for any employer to fail to report to the Chief of Police within five business days, any judgment or conviction for an act set forth in subsection (a) of this section that constitutes a reason for denial of an application or suspension or revocation of a license.
(c) The procedure for appealing from denial of an application for a license shall be as specified in TMC 5.90.130(c).
(d) Prior to suspending or revoking a license issued under this chapter, the Chief of Police shall issue written notice to the licensee at their last known address of the reasons for the proposed suspension or revocation and an opportunity for a hearing on the matter. Except as provided by subsection (f) of this section, the hearing shall be scheduled for not more than 14 days from the date of the notification, and the licensee shall be notified of the date, time and location of the hearing. The licensee may appear in person, or by counsel, or both. The Chief of Police may continue the hearing in his or her discretion. After the hearing, the Chief of Police shall issue an order either revoking or suspending the license or declining to revoke or suspend the license and the reasons therefor. The Chief of Police shall serve a copy of the order on the licensee.
(e) Any person or firm that has their license suspended or revoked by the Chief of Police may appeal the decision to the Governing Body by filing a written notice of appeal with the City Clerk within 10 days of receipt of the order suspending or revoking the license. If a timely appeal is filed, the Governing Body shall hold a hearing and the person or firm appealing may present any evidence and be heard with respect to the allegations that resulted in suspension or revocation by the Chief of Police. The licensee may, concurrently with appeal of the suspension or revocation, request in writing that imposition of suspension or revocation be stayed pending the outcome of the appeal. If both the notice of appeal and request for stay are timely filed with the City Clerk, imposition of the suspension or revocation shall automatically be stayed, pending the outcome of the appeal. The Governing Body shall either affirm or reverse the suspension or revocation, or remand the matter to the Chief of Police for further proceedings.
(f) The Chief of Police, with the approval of the City Attorney, may use emergency proceedings to suspend a license in any situation involving an immediate danger to the public health, safety or welfare requiring immediate action. The Chief of Police may take only such action as is necessary to prevent or avoid the immediate danger to the public health, safety or welfare that justifies use of emergency adjudication. The Chief of Police shall render an order, including a brief statement of findings of fact, conclusions of law and policy reasons for the decision if it is an exercise of the Chief of Police’s discretion, to justify his or her decision to take the specific action and the determination of an immediate danger. The Chief of Police shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when rendered. After issuing an order pursuant to this section, the Chief of Police shall proceed as quickly as feasible to complete any proceedings pursuant to subsection (d) of this section that would be required if the matter did not justify the use of emergency proceedings. (Ord. 20037 § 6, 12-6-16.)