§ 78-134. Standards for issuance.

(a)

No application for any license for amusement activities, pawnshops, pool rooms and health spas shall be granted where the application or other evidence shows any of the following conditions to exist:

(1)

The applicant has had any license issued under the police powers of any county or other governmental subdivision previously suspended or revoked.

(2)

The applicant, as a previous holder of a license for the business or business activity for which he now seeks a license, has violated any law, regulation or ordinance pertaining to such business within a five-year period immediately preceding the date of application.

(3)

The applicant or any employee of the applicant has committed any of the acts enumerated in section 78-45(c) which constitute due cause for denial of a license.

(b)

In addition to the conditions set out in subsection (a) of this section, in determining whether or not any license applied for shall be granted, the following shall be considered in the public interest and welfare:

(1)

If the applicant is a previous holder of a license, the manner in which he conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business.

(2)

The location for which the license is sought as to traffic congestion, general character of the neighborhood and the effect the business that is applied for would have on the adjacent and surrounding property values.

(3)

The number of licenses already granted for similar businesses in the trading area of and the place for which the license is sought.

(4)

If the applicant's spouse shall not be able to meet the qualifications of an applicant, particularly if it appears that the applicant's spouse or another person is using the applicant as a guise or "dummy" to obtain a license.

(Ord. of 10-25-94; Code 1977, § 3-7-93; Ord. of 7-8-03; Ord. of 2-26-08)