§ 55-240. Causes for denial.

(a)

As provided in article I of chapter 32 and in the exercise of the police powers, the director of excise and licenses may deny a license under this article to any of the following persons:

(1)

Any person under the age of eighteen (18) years;

(2)

Any person whose character and record are such as not to warrant the director's confidence that the person seeking a license will conduct the business of repair or service garage lawfully, honestly and fairly or without resorting to fraud or other improper activity. In making this judgment, the director may take into consideration any judgments or convictions in a court of record based on fraud, deceit or misrepresentation;

(3)

Any person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years preceding the date of application; or

(4)

Any person who has been denied a license under this article within the immediately past year, unless the applicant can and does show to the satisfaction of the director of excise and licenses that the reasons for such earlier denial no longer exist.

(b)

In making a determination as to character or record, or when considering a criminal or ordinance violation conviction or judgment, the director of excise and licenses shall be governed by the provisions of section 24-5-101, C.R.S., as amended, or similar statutory enactment of the State of Colorado, pertaining to the effect of criminal convictions on employment rights. The director shall also give consideration to the following criteria:

(1)

The reliability of any source as to character and record and any corroboration of any such evidence;

(2)

The nature of any criminal or ordinance violation conviction listed in paragraph (a) of this section or any judgment involving fraud, deceit or misrepresentation; the classification of any felony or misdemeanor conviction; length of time incarcerated or severity of remedy or penalty imposed; mitigating or aggravating factors involved; subsequent record of conduct, including educational achievements and work history; subsequent convictions or parole or probation violations; and the correlation, if any, between the illegal or fraudulent activity and the subject matter of the license; and

(3)

Any presented evidence tending to show the applicant's rehabilitation as being a law-abiding and productive member of society.

(c)

As part of the review, the director of excise and licenses may require fingerprinting of the applicant and conduct a check of the applicant's background, including a review of the applicant's criminal history record within the five (5) years preceding the date of application.

(Ord. No. 465-94, § 1, 5-16-94)