5.80.210 Background clearance.
The public safety administrator shall cause a background investigation of any person upon the request of such person. Such investigation shall include a LiveScan background check and such other investigations as the public safety administrator deems necessary. The public safety administrator may establish a procedure for conducting such investigation and may establish criteria for issuing a background clearance for purposes of this chapter. A request for a background investigation shall be made on the form designed by the public safety administrator. The person making such request shall provide the public safety administrator with any information or documents that he or she may reasonably request. The city council may, by resolution, establish a fee for a background investigation or clearance.
In addition to any criteria he or she may establish, the public safety administrator shall not issue a background clearance to any person who the public safety administrator determines:
A. Has ever been convicted of (1) a violent felony as defined by California Penal Code Section 667.5, (2) any violation of California Penal Code Sections 243 through 247, except for subdivision (a) of Section 243, or (3) an equivalent offense in another state; or
B. Has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, and embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or
C. Has ever been convicted of the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, other than cannabis-related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996; or
D. Has, unless for a reason deemed by the public safety administrator to be immaterial, ever had any permit to operate a cannabis business revoked by any jurisdiction or had any professional or business license revoked by any jurisdiction; or
E. Has failed, if not a natural person, to fully disclose the identities of all of its owners in any application to the city or upon request of the public safety administrator or the regulatory administrator; or
F. Has made a material misstatement of fact, other than a misstatement that the public safety administrator determines was a reasonable and inadvertent error, on any application to the city, in any proceeding before the city council or planning commission, or to the public safety administrator or the regulatory administrator or their staffs. (Ord. 2020-08 § 3, 2020)