51

Section 3-51 Consumption on premises establishments--Employment of persons with prior convictions prohibited.

(a) No licensee for the sale of alcoholic beverages shall employ in any capacity involving the taking of orders for, the sale of, or the dispensing of alcoholic beverages any person who has been convicted of any state or federal felony charge within a period of five (5) years (existing code said ten (10) years) immediately prior to the filing of any application for an alcoholic beverage permit card as contemplated by section 3-50. This provision shall also apply to any person who has been convicted of any local, state or federal misdemeanor charge (excepting any charge involving a traffic citation) within a period of two (2) years (existing code says five (5) years) prior to the date of filing of any such application. The term "conviction" shall include any adjudication of guilt, any plea of guilty, any plea of nolo contendere, or any forfeiture of bond by any person charged with any such felony or misdemeanor, but shall not include a plea entered under a First Offender's Act or similar statutory procedure.

(b) Notwithstanding the provisions of subsection (a) above, the chief of police may direct the issuance of a letter of eligibility for an alcoholic beverage permit card to any person who would be otherwise ineligible for the issuance of such a card under the provisions of subsection (a) above, so long as the offense in question did not involve force or violence, and the chief of police, after a thorough investigation of all the facts, including information set forth in any parole or probation officer's report or any judge's recommendation and any other evidence bearing on the character of the applicant, has determined such action will not be contrary to the public interest or welfare. The chief of police shall make a written finding regarding whether the certificate of eligibility will be granted or denied. The original finding shall be forwarded to the city clerk, and a copy shall be furnished to the applicant.

(c) Any person who has applied for a letter of eligibility from the chief of police and who has been denied the issuance of a letter of eligibility may appeal the decision of the chief of police within thirty (30) days of the date of the decision. The appeal shall be in writing and on a form available from the city clerk's office. The city council delegates to the city manager or his designee the authority to affirm the decision of the chief of police or to grant the appeal and direct the issuance of a letter of eligibility after first making the determination the issuance of the letter of eligibility will not be contrary to the public interest and welfare.

(Ord. of 3-10-97, X)