§ 24-375. Grounds for denial.

The director shall refuse to approve any application under this division and no body art establishment license, mobile body art vehicle license, or temporary special event body art facility permit shall be issued where:

(a)

The applicant, local resident agent, or local manager is a natural person who is not at least eighteen (18) years old;

(b)

The character of the applicant, or in the case of a corporate applicant, its officers, members, or directors, or its local manager, in the judgment of the director, is such that violations of this article would likely result, or the health, welfare, or safety of the public would otherwise be endangered, if a license were granted. In making such determination, the director shall consider:

(1)

Penal history. All convictions, the reasons therefor, and the demeanor of the applicant subsequent to his or her release. The director shall have the authority to require fingerprint checks.

(2)

License and permit history. The license and permit history of the applicant; whether such person, in previously operating in this or another jurisdiction under a license or permit, has had such license or permit suspended or revoked, the reason therefor, and the demeanor of the applicant subsequent to such action. No application for a body art establishment license may be considered from a person who has had any body art establishment license revoked within twelve (12) months of the new application.

(3)

General personal history. Such other facts relevant to the general personal history of the applicant as the director shall find necessary to a fair determination of the eligibility of the applicant.

(4)

In making a determination as to license history or general personal history of the applicant, or considering the conviction of a crime, the director shall consider whether, in fact, the applicant is of good moral character at the time of the application. The intent of this provisions is to expand employment opportunities for persons who, notwithstanding the fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.

(c)

The applicant or local manager of the establishment, vehicle, or temporary facility has been convicted of maintaining a public nuisance, pursuant to chapter 37, article II, of this Code, within the past five (5) years; or the requested location has been adjudicated as a civil public nuisance, as defined within chapter 37, article III, of this Code, within the past five (5) years.

(d)

If the applicant is found acceptable to the director and all the provisions of section 32-11 of the Revised Municipal Code have been met, the license or permit shall be granted. If the license is denied, upon the written request of the applicant, the director shall issue a written order stating the reasons supporting the denial of the license and a copy of this order shall be sent to the applicant at the applicant's last known address. Any applicant whose application has been denied and who has requested a written order of the denial of license shall be entitled to a hearing on the denial upon written request to the director made within thirty (30) days of the date the order was issued. Such hearing shall be held within thirty (30) days of receipt of the written request for hearing by the director.

(Ord. No. 886-98, § 1, 12-14-98)