§ 30-29. Issuance contingent upon applicant's criminal record.

(a)

Rules for consideration of applications. In considering an initial application for a license or permit issued under the police power of the city, the following rules shall apply with respect to an applicant's criminal record:

(1)

All applications for a license or permit issued under the police powers of the city shall be reviewed for criminal history. Only convictions, pleas of nolo contendere, or violations of law, including city ordinances, reasonably related to the application, shall ever be considered. A nolo contendere plea shall not be taken into consideration and shall not be cause for or used as justification for denial of the application, except as otherwise provided by law or city ordinance.

(2)

Any conviction or plea of nolo contendere for which the applicant has received either a pardon or restoration of civil and political rights from the state board of pardons and paroles shall not be taken into consideration and shall not in any way be cause for or used as justification for denial of the application.

(3)

A plea of nolo contendere or plea of guilty under O.C.G.A. tit. 42, ch. 8, art. 3 (O.C.G.A. § 42-8-60 et seq.), the First Offender's Act, shall not be taken into consideration and shall not be cause for the denial of the application for a license or permit, provided that the person has not more than one plea of guilty or plea of nolo contendere under that act for the commission of any act or offense in violation of the laws of the United States, the state or the city at the time of filing the application.

(4)

No conviction or plea of nolo contendere, the sentence for which shall have been successfully completed, including parole or probation, if any, more than five years preceding the filing of the application for the permit or license shall be taken into consideration or be cause for or a justification for denial of the application.

(5)

Subject to subsections (a)(1), (2), (3) and (4) of this section, the person or body approving or denying an application for a license or permit under the police power of the city may take into consideration the criminal record of the applicant in determining whether to approve or deny the application; provided, however, that only those offenses that are reasonably related to the job duties involved in the job for which a permit or license is sought may be taken into consideration or used as cause to deny the application. For purposes of this section, an offense is reasonably related to the job duties involved in the job if the job involved offers a greater than normal opportunity to commit the same crime or a similar crime to that of which the person was previously convicted, provided further that the convictions shall never operate as an automatic disqualification, but shall be considered along with all other relevant information by the person or body approving or denying the application for a permit or license. Subject to subsections (a)(1), (2), (3) and (4) of this section, the only purpose of using an applicant's prior criminal history in determining whether to approve or deny an application for a license or permit shall be to determine the applicant's ability to perform the job for which the license or permit is sought in a safe and lawful manner.

(b)

Renewals, suspensions and revocations. All renewal applications for a license or permit issued under the police powers of the city shall be reviewed for criminal history. In considering a person's criminal record or history for determining whether or not to renew, suspend or revoke a license or permit issued under the police powers of the city, the same standards shall be used as are set out in subsection (a) of this section relating to initial license or permit applications.

(c)

Factors other than criminal history. Nothing in this section shall in any way be interpreted to affect the ability of the person or body charged with the responsibility to issue, renew, suspend or revoke a license or permit to apply any proper criterion or standard, other than prior criminal history, in determining whether to issue, renew, suspend or revoke the license or permit.

(d)

Application of section. This section is intended to apply to every license to do business or permit to engage in a particular job or occupation which is regulated under the police power of the city.

(Code 1977, § 14-6002; Ord. No. 2001-10, §§ 1, 2, 2-13-01)