§ 19-18. Investigation and issuance.  


Latest version.
  • (a)

    Upon receipt of an application for a permit required by this article, the application shall be referred to the chief of police, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good. The chief shall endorse the application in the manner prescribed in this section within seventy-two (72) hours after it has been filed by the applicant with the clerk.

    (b)

    If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory or if sufficient information cannot be obtained regarding the applicant's character or business responsibility, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit will be issued.

    (c)

    If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval and return the application to the city clerk who shall submit the same to the council for approval or disapproval. In the event the council approves the application, the city clerk shall issue a permit containing the signature of the city clerk.

    (d)

    Within five (5) days after receiving notification by registered mail that an application for a permit has been denied, the applicant may file a written request for a public hearing on the application before the city clerk, together with written exceptions to the findings of fact upon which the city clerk based his denial of the application. Upon filing of such a request, the city clerk shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within five (5) days after the request is filed and shall be held before the council. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested person may be allowed to participate in the hearing and present evidence in opposition to the application and exceptions. Within ten (10) days after the conclusion of the hearing, the council shall render a written report either granting or denying the application for a permit. In this report the city council shall state the facts upon which the decision is based. This report shall be filed in the office of the city clerk for public inspection and a copy shall be served by registered mail upon the applicant and all parties to the hearing.

(Code 1984, Title 5, §§ 830, 850(1))