§ 6.115.030. Applications, investigations and license issuance.

(a) All persons desiring a business license to engage in any of the businesses mentioned in Section 6.115.020 within the county, shall first file an application with the director on a form provided by his office. The applicant shall pay the actual cost of investigation as provided in Section 6.08.015 prior to licensure of any business and shall pay to the department an investigation fee deposit of fifty dollars.

(b)

Applicant shall provide the following information under oath:

(1)

Whether the applicant has ever been convicted by any state or federal court within the past ten years of any misdemeanor or felony other than minor traffic offenses;

(2)

A list of convictions for all thefts, fraud, obtaining money under false pretenses or embezzlement, injunctive or civil actions involving fraudulent advertising, sales or trade practices, and a detailed explanation of the circumstances;

(3)

The address of each proposed business location in the county;

(4)

The person or persons who will have custody of the business records at each location;

(5)

The location where such business records will be maintained;

(6)

Any other reasonable pertinent information required by the director;

(7)

The applicant, if an acquisition agent, must state the name and license number of the developer with which it has contracted to procure patrons for the time-share sales presentation and must provide a copy of such contract to the director.

(c)

The failure to disclose any of the information required by subsection (b) above truthfully, or the failure to make a full disclosure of all facts required, shall be grounds for denying the license or, if a license has been issued and thereafter it is discovered that any applicant has not been completely truthful or has withheld relevant facts in answering the above questions, such failure shall be grounds for revoking the license.

(d)

After the filing of a completed application and payment of all fees, the applicant shall be forwarded to the metropolitan police department for fingerprinting and criminal record verification. The investigation shall consist of fingerprinting the applicant and verifying information provided pursuant to Section 6.115.030(b), to determine if material deletions have been made therein.

(e)

The result of said investigation shall be made within thirty days to the director.

(f)

The director shall deny the license if:

(1)

The license application is incomplete so as to not contain all information required by this chapter; or

(2)

All license and investigation fees are not paid; or

(3)

The applicant or its principal has been convicted of a crime listed in Section 6.115.030(b)(2) or enjoined in an adjudicated civil action from fraudulent advertising or sales or trade practices; or

(4)

The applicant has had a time-sharing license revoked or refused for commission of crimes or acts listed in Section 6.115.030(b)(2)

(g)

A license denied by the director due to paragraphs (f)(3) or (4) above may appeal the director's decision within ten days to the board by written notification to the director. The board shall hear the appeal by examination of:

(1)

The circumstances of the crime, or civil action; and

(2)

The applicant's criminal and civil court history, since said adjudications; and

(3)

The written recommendations of five or more residents of Clark County, two of whom are current time-sharing licensees in good standing.

The board may sustain the director's denial or grant the license based on the evidence presented that the applicant does not present, and is not likely to present in the future, a threat to county safety, morals and welfare, and will operate a time-sharing business within the letter and intent of all licensing ordinances.

(Ord. 725 § 1 (part), 1980)