§ 17-188. Application and procedures.

(a)

Permit application procedure.

(1)

Each applicant for a permit required by this section shall make application to the POD on forms to be supplied by the POD, which application shall contain the information required by the POD. The applicant shall furnish all the information required by the form, as well as a nonrefundable processing fee for the permit and any renewal thereof. The following shall information shall be provided:

a.

Copies of drivers licenses. A copy of a valid State driver's license, and a list of every state where the applicant held a driver's license during the preceding three years and including, if available, the driver's license number;

b.

Addresses of residence. The addresses of each and every place of residence or domicile of the applicant during the preceding three years, including the current residence address;

c.

Traffic record for three years previous to the application. The requirement applies if the planned solicitation, canvassing, or peddling requires the use of a motor vehicle. Only pleas of nolo contendere, convictions and forfeitures of collateral need be reported. Parking citations need not be reported;

d.

Criminal record. Only pleas of nolo contendere, convictions, or forfeitures of collateral need be reported.

(2)

The police department shall take the fingerprints of each applicant and shall retain them along with the application.

(b)

Permit fee. Each applicant shall submit the permit fee as set forth in chapter 12 along with the application.

(c)

Upon the filing of the initial application or an application for renewal, the police department shall cause the applicant to be investigated. The applicant shall complete a release and consent form in which the applicant designates and allows the Chief of Police or his designee to contact and obtain from the FBI, FDLE and/or department of motor vehicles, for every state in which the applicant has lived for the past three years, all records regarding the applicant. Upon the issuance of a City permit, the police department shall also issue the applicant a photo identification card.

(d)

If the applicant is required under F.S. § 501.22, as amended, to hold a State home solicitation permit, such State permit must be current and active at the time of application. Proof of a current, valid State permit shall entitle the applicant to forgo the background check and fingerprinting portion only of the permit application required by this section.

(e)

If the Police Department finds that the applicant meets the requirements of this chapter, it shall issue a permit to the applicant. The Police Department shall refuse to issue a permit to an applicant for any of the following reasons:

(1)

The applicant has been convicted of any offense involving commission of a felony within the past five years or a misdemeanor within the last three years.

(2)

The applicant is on parole or probation for a felony or misdemeanor.

(3)

The applicant has been designated as a sexual predator.

(4)

The applicant has submitted false or materially misleading statements in the application.

(5)

If an applicant has been arrested prior to or subsequent to the submission of his initial application or application for renewal, said application shall be held in abeyance until a prosecutorial decision or a judicial determination has been rendered.

(f)

City permits may be revoked if the permit holder is found to have violated any part of this section after the issuance of the permit, or if the permit holder's required State permit has been suspended, revoked or has expired.

(g)

The applicant or the permittee shall have a right to appeal a decision to deny or revoke a permit. The appeal shall be on a form provided by the City Clerk and must be filed with the City Clerk within ten days of the decision. The appeal shall be heard by the City Administrator or by a Department Director or other Senior Management Official who has been designated by the City Administrator for the purpose of conducting the hearing. The hearing shall be conducted at a reasonable time and place, following notice of the hearing to the appellant. The hearing shall be informal and the strict rules of evidence shall not be applicable, but the minimal requirements of due process shall be observed. The objective of the hearing shall be to determine whether the denial or revocation complies with the requirements of the Code. At the hearing, the POD and the applicant may introduce such evidence as is deemed necessary. The decision of the City Administrator or the City Administrator's designee shall be final and the applicant shall be deemed to have exhausted all administrative remedies.

(Code 1973, § 11-302; Code 1992, § 17-167; Ord. No. 931-G, § 2(17-154), 6-4-2009; Ord. No. 182-H, § 1, 7-9-2015)