3-1A-12: REQUEST FOR EXEMPTION REVIEW:

   A.   Written Request: An applicant or licensee who is denied a license or renewal thereof, may submit a written request for an exemption review.

   B.   Filing Time Limit: The request for an exemption review must be based upon good cause and filed with the City Clerk's Office at the time of application or within seven (7) business days upon denial of such application.

   C.   Information Required: The written request for an exemption review must state the applicant's or licensee's name, address and phone number, the remedy requested and must contain a concise written statement of the facts, circumstances, and grounds for the requested exemption, and any supplemental information establishing suitability for licensure. Any decision to grant an exemption shall not be considered as precedent or be given any force or effect in any other proceedings. A request for an exemption review may be renewed annually.

   D.   Consideration: The City Clerk's Office shall consider the following factors or evidence in determining whether the applicant or licensee has shown good cause for granting an exemption:

      1.   The severity or nature of the crime or disqualifying circumstance;

      2.   The period of time that has passed since the crime or disqualifying circumstance under review;

      3.   The number or pattern of crimes or disqualifying circumstances, similar incidents, or other aggravating factors;

      4.   The specific factors surrounding the crime or disqualifying circumstance that would help determine the risk of repetition;

      5.   The relationship of the crime or disqualifying circumstance to the license;

      6.   The applicant's or licensee's activities since the crime or disqualifying circumstance under review, such as employment, education, participation in treatment, or any other factors which may be evidence of current rehabilitation;

      7.   The falsification or omission of information on the application form and other supplemental forms submitted; and

      8.   Any other information regarding rehabilitation or mitigating circumstances.

   E.   Applicant Bears Burden: The applicant or licensee shall bear the burden of establishing good cause for an exemption and his current suitability for a licensure.

   F.   Decision: The City Clerk's Office shall provide the applicant or licensee seeking exemption review a written decision within ten (10) days from the date the request was received.

   G.   Conditions: When such an exemption is granted, the license may be issued with conditions. If the licensee does not fully comply with the conditions, the license may be revoked or suspended. (Ord. 2-26, 2-10-2026)