Santa Maria Municipal Code Ch. 4-2 Criminal Convictions and License Eligibility

Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for the following City licenses/permits:

(a) Coin-operated service operator;

(b) Peddler;

(c) Photographer;

(d) Solicitor/canvasser;

(e) Topless entertainer.

(Prior Code § 15-39)

The City licensing authority, however, may disregard the condition set out in Section 4-2.01 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;

(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; and

(g) Contributing social or environmental conditions.

(Prior Code § 15-39)

The licensing authority shall give notice of disqualification 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.

(Prior Code § 15-39)

An applicant who is disqualified for a City business license or permit under this provision, unless disqualified by the Council, may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Clerk within 10 days from the date of the notice of disqualification. The City Manager shall hear and determine the appeal within 21 days thereafter. The determination of the City Manager on the appeal shall be final.

(Prior Code § 15-39; Ord. 2023-02 § 6, eff. 6/1/23)

Pursuant to Section 11105 of the State Penal Code, the following officers of the City are authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling licensing duties as set forth in this title:

(a) Councilmembers;

(b) City Administrative Officer;

(c) City Attorney;

(d) Director of Finance; and

(e) Police Chief.

(Prior Code § 15-40; Ord. 2017-01 § 31, eff. 3/9/17)