§ 4-138. Fingerprinting and photographing of applicants; identification card; fee.

(a)

Generally. The police department may take fingerprints and photographs of all applicants for all licenses authorized in this article, except an applicant for any temporary permit, and for "package sales only." The applicant, if approved, will be issued a license identification card and will pay a fee in an amount established by the county administrator. Each identification card must be renewed every three years prior to its expiration date. Any license issued to an applicant found to have given false information on the application will be revoked by the city council. Applicants for a replacement or stolen card shall pay a fee in an amount established by the county administrator.

(b)

Application for identification card. The applicant, for licensee identification card permit provided for in subsection (a) of this section, must apply on forms provided by the police department. A temporary 30-day permit may be provided during the period of processing of a regular permit.

(c)

Term of permit. Permits shall be issued for a period of three years, subject to revocation upon grounds set forth in subsection (g) of this section. Original licensee identification cards shall be issued every three years by the processing of a new application, including submission to police department photographing and fingerprinting. Applicants for renewal of identification cards shall submit to police department photographing and fingerprinting for a current permit.

(d)

Application standards for issuance and renewal of identification card. Before receiving any permit as set out in subsection (a) of this section, the applicant shall meet the standards for licensure set forth in section 4-139. In addition, the applicant shall do the following:

(1)

Pay a nonrefundable fee in an amount established by the county administrator for the cost of administration of the application.

(2)

Submit to police department photographing and fingerprinting.

(3)

Must not have provided false answers in response to any information requested on the application.

(e)

Rejection. The chief of police shall, upon review and investigation, reject all original and renewal applications for license and identification cards which fail to meet all standards as set out in subsection (d) of this section. This notice of rejection shall be in writing and shall set forth the reason therefor. Such written notice of rejection shall be either served personally or by certified mail upon the applicant.

(f)

Issuance of license and identification card. The chief of police shall issue the license and identification card provided for herein, if all standards as set out herein are met within 30 days of application. If the application is neither approved nor rejected within 30 days, the temporary license and identification card shall be extended and remain in full force and effect until action by the chief of police. Such permit shall be upon forms furnished by the police department.

(g)

Revocation. The chief of police shall, upon learning of the ineligibility of any license holder hereunder to continue to hold a license, cause a complaint to be filed pursuant to section 4-146. The chief of police shall, within five days of filing the complaint, provide notice of the revocation recommendation to the holder of the license and identification card. This notice of revocation shall be in writing and shall set forth the reason. The written notice shall be served either personally or by certified mail upon the holder. The license and identification card may be revoked by the unified government board of commissioners when the holder becomes ineligible for any reason provided in section 4-139.

(h)

Appeal procedure. Any person aggrieved by the denial of an original or renewal of any license or identification card shall have the right to appeal to the unified government board of commissioners within ten days after service of notice of rejection or nonrenewal of the application, and the same shall be filed in writing with the unified government clerk. Within 20 days after the order of the unified government board of commissioners not granting, renewing, revoking or suspending any license and identification card, the licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order of not granting, renewing, revoking or suspending the license and identification card shall be to suspend the order of revocation or suspension during the pendency of any such appeal. In case of the revocation of the license and identification card of any licensee, no new license and identification card shall be issued to the former licensee or to any person acting for or on the former licensee's behalf for a period of not less than six months nor more than two years thereafter.

(Code 1988, § 4-103; Ord. No. 65173, § 3-30, 7-9-1987; Ord. No. 65268, § 3, 2-18-1988; Ord. No. 65456, §§ 3, 4, 8-17-1989)