HomeMy WebLinkAboutORD-07-80 AUTHORINZING THE USE OF CRIMINAL HISTORY INFORMATION IN CERTAIN INSTANCES RELATING TO BUSINESS PERMITSlI-
I:: (~GE CITY NEWS: Please pubLish Wednesday, February 20, 1<)80 only and st,'nd PROOF
l: :;"d PROOF OF PUBLICATION to City CIE!rk, P.O. Box 449, Orang.', California 92666.
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ORDINANCE NO.
7-80 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE REPEALING SUBSECTION (b) OF SECTION 6310.
7 AND ADDING SUBSECTION (b) OF SECTION 6310.
7, SECTION 6310.10 AND SUBSECTION (h) OF SECTION
6320.1 TO THE ORANGE MUNICIPAL CODE,AUTHORIZING
THE USE OF CRIMINAL HISTORY INFORMATION
IN CERTAIN INSTANCES RELATING TO
BUSINESS PERMITS.WHEREAS,
the League of California Cities established a model ordinance
for the use of criminal history information in certain instances
relating to business permits; and WHEREAS,
Section 11105 (b) (10) of the Penal Code requires that
City officials be specifically authorized by the City Council
in order to have access to State criminal history information.
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN
AS FOLLOWS:subsection (
b) of Section 6310.7 of the Orange Municipal Cooe
is hereby repealed.Subsection (
b) of Section 6310.7 of the Orange Municipal Cooe
is hereby added to read as follows:Section
6310.7 b)
Criminal Conduct - Ineliqibility for City Licenses and Permits I
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Except
as
otherwise provided herein, conviction (including pleas of
guilty and nolo contendere) of a felony or a crime involving
moral turpitude or a crime which has a substantial relationship
to the permitted business,shall be
prima facie disqualification of an applicant for the
following city business permits:Ambulances, Amusements,
Antique Shop, Billiards,Circus Coin
Shop, Concealable Firearms Sellers'permit' Escort
Bureau, Dance, Entertainment, Food Handli~g
Business, Food Handling Facilities,Massage Parlor,
Pawnbroker, Secondhand Dealer, .Auctioneer, Security
Business, soliciting, Sol~c~tors,Special Event,
Special pag~ant, Tow Truck, Veh~cle for Hire,
and Vending Mach~nes.
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SECTION
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The
Business Services Coordinator or Chief of Police however,
may disregard such conviction if it is found and
determined by such Business Services Coordinator or Chief ?
f Police that mitigating circumstances exist.In
mak1ng such determination, the Business Services Coordinator
or Chief of Police shall consider the following
factors:4 )
The length of time elapsed since the conviction.The
age of the person at the time of the conviction.1 )
The type of business permit for which the person is
applying.2 )
The nature and seriousness of the offense.3 )
The circumstances surrounding the conviction.5 )
6 )
The presence or absence of rehabilitation or efforts
at rehabilitation.contributing
social or environmental conditions.Section
6310.10 of the Orange Municipal Code is hereby added to
read as follows:Section
6310.10 Access to Criminal History I
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Pursuant
to Section 11105 of the Penal Code of the State
of California, the following officers of the City of Orange
are hereby authorized to have access to and to util ize state
summary criminal history information when it is needed to
assist them in fulfilling licensing duties set forth in this
article:1 )
The type of business license or permit for which the
person is applying.The
nature and seriousness of the offense.a)
Business Services Coordinator.b)
City Attorneys.I
c) City Manager.SECTION
IV:Subsection (
h) of section 6320.1 of the Orange Municipal Code
is hereby added to read as follows:Section
6320.1 h)
The City Manager, however, may disregard the conviction of
a felony or a crime if it is found and determined by the
City Manager that mitigating circumstances exist.In
making such determination, the City Manager shall consider
the following factors I 2 )
2-
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SECTION VI:
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SECTION VII:
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4 )
The circumstances surrounding the conviction.
The length of time elapsed since the conviction.
The age of the person at the time of the conviction.
3 )
7 )contributing social or environmental conditions.
5 )
6 )The presence or absence of rehabilitation or
efforts at rehabilitation.
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the
City hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion
thereof, irrespective of the fact that anyone or more sections,
subsections, clauses, phrases, or portions be declared invalid or
unconstitutional.
The City Clerk shall forward a certified copy of this ordinance
to the Department of Justice Criminal Records Security Unit.
This ordinance shall be published once within fifteen (15)
days after its passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 12th day of FE!bruarv 1980.
r'J1t
Mayor of the
o~
City of Orange
ATTEST:
i L~1:It/A.-";:r&Clty
Clerk~ of ePta?
7 the
Oity of Orange 3-
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
ss
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was introduced at a
rt'gular meE!ting of the City Council duly held on the 22nd day of January,
1980, and therE!after at a regular meeting of said City Council duly
held on the 12th day of February, 1980, was duly passed and adopted
by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA,
NONE
NONE
SMITH, MAYOR HOYT, PEREZ, B~~.
WITNESS my hand and seal this 13th day of February, 1980.
9JZ-/?-'M~,t~:J~U // .~;,k?-,k;-#U.;" ",.-Marilyn J. Jensen
City
Clerk of the
City of Orange I I