HomeMy WebLinkAbout031226 ORD - 08/22/2017 Ordinance
amending Chapter 1 of the Corpus Christi Code of Ordinances by adding Section
1-14 to establish Guidelines for License Applicants with Criminal Convictions; and
providing an effective date, for severance, and for publication
Whereas, Texas Occupational Code §53.025 requires a licensing authority to
issue guidelines relating to the practice of the licensing authority.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Chapter 1 of the Corpus Christ Code of Ordinances is revised to add
Section 1-14 to read as follows:
Sec 1-14. - Guidelines for License Applicants with Criminal Convictions
(a) Applicability
These guidelines apply to any license, permit, certificate, registration, or other
authorization (license) granted by the City that may be denied for prior criminal
convictions. The vast majority of criminal convictions reviewed by the City will fit within
the categories of crimes described below. However, these guidelines are not intended
to be an exclusive listing, i.e. they do not prohibit the City from considering crimes not
listed herein. After due consideration of the circumstances of the criminal act and the
general factors listed above, the City may find that a conviction not described herein
renders a person unfit to hold a license.
In addition to the specific crimes listed below, multiple violations of any criminal statute
should always be reviewed, for any license type. Multiple violations may reflect a pattern
of behavior that renders the applicant unfit for the license.
(b)General Criminal Convictions
(1) A license may be denied to any person ever convicted for any of the following
offenses:
(A) Tex. Penal Code §15.03, (Criminal Solicitation) if the offense is punishable as
a felony of the first degree;
(B) Tex. Penal Code §19.02, Penal Code (Murder);
(C) Tex. Penal Code §19.03, Penal Code (Capital Murder);
(D) Tex. Penal Code § 20.04, Penal Code (Aggravated Kidnapping);
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(E) Tex. Penal Code § 20A.02, Penal Code (Trafficking of Persons);
(F) Tex. Penal Code § 21.11(a)(1), Penal Code (Indecency with a Child);
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O3122G
INDEXED
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(G) Tex. Penal Code § 22.011, Penal Code (Sexual Assault);
(H) Tex. Penal Code § 22.021, Penal Code (Aggravated Sexual Assault);
(I) Tex. Penal Code § 22.04(a)(1), Penal Code (Injury to a Child, Elderly
Individual, or Disabled Individual), if:
(1) the offense is punishable as a felony of the first degree; and
(2) the victim of the offense is a child;
(J) Tex. Penal Code § 29.03, Penal Code (Aggravated Robbery);
(K) Tex. Penal Code § 30.02, Penal Code (Burglary), if:
(1) the offense is punishable under Subsection (d) of that section; and
(2) the actor committed the offense with the intent to commit a felony
under Tex. Penal Code § 21.02, 21.11, 22.011, 22.021, or 25.02, Penal
Code;
(L) Tex. Penal Code § 43.05, Penal Code (Compelling Prostitution);
(M) Tex. Penal Code § 43.25, Penal Code (Sexual Performance by a Child);
(N) Chapter 481, Health and Safety Code, for which punishment is increased
under:
(1) Section 481.140 of that code (Use of Child in Commission of Offense);
or
(2.) Section 481.134(c), (d), (e), or(f) of that code (Drug-free Zones) if it is
shown that the defendant has been previously convicted of an offense for
which punishment was increased under any of those subsections.
(0) Tex. Penal Code § 21.02, Penal Code (Continuous sexual abuse of young
child or children); or
(P) an offense under the laws of another state, federal law, the laws of a foreign
country, or the Uniform Code of Military Justice if the offense contains elements
that are substantially similar to the elements of an offense listed above.
(2). Upon a determination that the person may pose a continued threat to public safety
or employment of the person in the licensed occupation would create a situation in
which the person has an opportunity to repeat the prohibited conduct, a person will be
considered to have been convicted of an offense for purposes of this section regardless
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of whether the proceedings were dismissed and the person was discharged pursuant to
deferred adjudication for the following offenses:
(A) Tex. Penal Code § 21.02 (Continuous sexual abuse of young child or
children)
(B) Tex. Penal Code § 21.11 (a)(1) (Indecency with a Child);
(C) Tex. Penal Code § 22.011 (Sexual Assault);
(D) Tex. Penal Code § 22.021 (Aggravated Sexual Assault);
(E) Tex. Penal Code § 25.02 (Prohibited sexual conduct),
(F) Tex. Penal Code § 43.05, Penal Code (Compelling Prostitution);
(G) Tex. Penal Code § 43.25, Penal Code (Sexual Performance by a Child);
(H) Tex. Penal Code § 43.26 (Possession or promotion of child pornography);
(I) Tex. Penal Code § 43.02 (Prostitution), if the offense is punishable under
Subsection (c)(3) of that section;
(J) Tex. Penal Code § 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the
actor committed the offense or engaged in the conduct with intent to violate or
abuse the victim sexually;
(K) Tex.'Penal Code § 30.02 (Burglary), Penal Code, if the offense or conduct is
punishable under Subsection (d) of that section and the actor committed the
offense or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or(C);
(L) Tex. Penal Code § 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
(Aggravated kidnapping), if, as applicable:
(i) the judgment in the case contains an affirmative finding under Tex.
Code of Criminal Procedure, Article 42.015; or
(ii) the order in the hearing or the papers in the case contain an
affirmative finding that the victim or intended victim was younger than 17
years of age;
(M) the second violation of Tex. Penal Code § 21.08 (Indecent exposure);
(N) a violation of Tex. Penal Code § 33.021 (Online solicitation of a minor);
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(0) a violation of Tex. Penal Code § 20A.02(a)(3), (4), (7), or(8) (Trafficking of
persons);
(P) a violation of the laws of another state, federal law, the laws of a foreign
country, or the Uniform Code of Military Justice for or based on the violation of an
offense containing elements that are substantially similar to the elements of an
offense listed under Paragraph (A), (B), (C), (D), (E), (G), (J),(H), (I), (J), (K), (L),
(N),or(0);or
(Q) the second violation of the laws of another state, federal law, the laws of a
foreign country, or the Uniform Code of Military Justice for or based on the
violation of an offense containing elements that are substantially similar to the
elements of the offense of indecent exposure.
(3) A license may be denied to any person ever convicted for an offense that does not
directly relate to the duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies for the license.
(c) Job Specific Criminal Convictions.
These guidelines apply to the specific licenses granted by the City listed below. These
guidelines reflect the most common or well-known categories of crimes and/or and their
relation to specific license types.
(1) AUTO WRECKER PERMIT, TAXICAB DRIVER, VEHICLE FOR HIRE DRIVER,
TAXICAB CERTIFICATE, LIMOUSINE OR SIGHTSEEING SERVICE PERMIT,
AMBULANCE SERVICE, AND MOBILE FOOD VENDOR
(A) Crimes involving fraud or deceptive business practices
Reasons: (1) Licensees have the means and the opportunity to practice
deceit, fraud and misrepresentation related to services.
(B) Crimes involving prohibited sexual conduct or involving children as victims
Reasons:(1) Licensees have direct contact with members of the general
public often in settings with no one else present. (2) A person with a
predisposition for crimes involving prohibited sexual conduct or involving
children as victims would have the opportunity to engage in further similar
conduct.
(C) Crimes against the person such as homicide, kidnapping and assault
Reasons: (1) Licensees have direct contact with members of the general
public often in settings with no one else present. These situations have
potential for unobserved or confrontational behavior. (2) A person with a
predisposition for a violent response would pose a risk to the public.
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(D) Crimes involving the receipt, sale or other distribution of illegal goods or
substances, including stolen property, illegal weapons, drugs, drug
paraphernalia, and the like
Reasons: (1) Licensees' mobility allows them the opportunity to receive,
sell or otherwise distribute illegal goods or substances. (2) A person with a
predisposition and experience in committing such crimes would have the
opportunity to engage in further similar conduct.
(E) Crimes against property such as theft or burglary
Reasons: (1) Licensees have access to customer's contents. (2) A person
with the predisposition and experience in committing crimes against
property would have the opportunity to engage in further similar conduct.
(F) Crimes involving racketeering, organized crime, or criminal influence
Reasons: (1) Persons with the predisposition and experience in
committing crimes depriving others of money or property through a
criminal enterprise would have the opportunity to engage in further similar
conduct.
(G)Crimes involving intoxication and operating a motor vehicle, including driving
while intoxicated, intoxication assault, and intoxication manslaughter
Reasons: (1) Persons who show a history of operating a motor vehicle
while not having the normal use of their mental or physical faculties due to
alcohol or drugs, especially when others are killed are injured as a result,
would have the opportunity to engage in further behavior when operating a
motor vehicle.
(2) SEXUALLY ORIENTED BUSINESSES
(A) Crimes involving prohibited sexual conduct or involving children as victims
Reasons:(1) Licensees have the means and the opportunity to engage in
prohibited sexual conduct. (2) A person with a predisposition for crimes
involving prohibited sexual conduct or involving children as victims would
have the opportunity to engage in further similar conduct.
(B) Crimes involving prostitution
Reasons: (1) Licensees have the means and the opportunity to engage in
prostitution. (2) A person with a predisposition for crimes involving
prohibited sexual conduct or involving children as victims would have the
opportunity to engage in further similar conduct.
(C) Crimes involving obscenity, sale, distribution, or display of harmful material to
a minor, or possession or promotion of child pornography
Reasons: (1) A person with a predisposition and experience in committing
such crimes would have the opportunity to engage in further similar
conduct. ,
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(D) Crimes involving the receipt, sale or other distribution of illegal goods or
substances, including stolen property, illegal weapons, drugs, drug
paraphernalia, and the like
Reasons: (1) Licensees have the means and the opportunity to receive,
sell or otherwise distribute illegal goods or substances. (2) A person with a
predisposition and experience in committing such crimes would have the
opportunity to engage in further similar conduct:
(E) Crimes involving racketeering, organized crime, or criminal influence
Reasons: (1) Persons with the predisposition and experience in
committing crimes depriving others of money or property through a
criminal enterprise would have the opportunity to engage in further similar
conduct.
(F) Crimes involving lewd, immoral, indecent conduct
Reasons: (1) Licensee allowing a willful and wanton disregard for these
guidelines could establish a pattern of conduct for employees and patrons
to continue upon leaving the establishment. (2) Licensee has the means
and opportunity to engage in behavior that is offensive to public decency.
(3) Licensee has a responsibility to comply with state and municipal health
and sanitary law or ordnances.
(3) PEDDLERS, VENDERS, ITINERANT MERCHANTS, COMMERCIAL SOLICITORS
AND DANCE HALL PERMITS
(A) Crimes involving fraud or deceptive business practices
Reasons: (1) Licensees have the means and the opportunity to practice
deceit, fraud and misrepresentation related to services.
(B) Crimes involving prohibited sexual conduct or involving children as victims
Reasons:(1) Licensees have direct contact with members of the general
public often in settings with no one else present. (2) A person with a
predisposition for crimes involving prohibited sexual conduct or involving
children as victims would have the opportunity to engage in further similar
conduct.
(C) Crimes against the person such as homicide, kidnapping and assault
Reasons: (1) Licensees have direct contact with members of the general
public often in settings with no one else present. These situations have
potential for unobserved or confrontational behavior. (2) A person with a
predisposition for a violent response would pose a risk to the public.
(D) Crimes involving the receipt, sale or other distribution of illegal goods or
substances, including stolen property, illegal weapons, drugs, drug
paraphernalia, and the like
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Reasons: (1) Licensees' mobility allows them the opportunity to receive,
sell or otherwise distribute illegal goods or substances. (2) A person with a
predisposition and experience in committing such crimes would have the
opportunity to engage in further similar conduct.
(E) Crimes against property such as theft or burglary
Reasons: (1) Peddlers can obtain specific information regarding
residences' access and presences. (2) A person with the predisposition
and experience in committing crimes against property would have the
opportunity to engage in further similar conduct.
(F) Crimes involving racketeering, organized crime, or criminal influence
Reasons: (1) Persons with the predisposition and experience in
committing crimes depriving others of money or property through a
criminal enterprise would have the opportunity to engage in further similar
conduct.
(d)Factors for Consideration
(1) In determining whether a criminal conviction should be grounds to deny a license the
following factors are considered in all cases:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for requiring a license to engage
in the occupation;
(C) the extent to which a license might offer an opportunity to engage in further
criminal activity of the same type as that in which the person previously had been
involved; and
(D) the relationship of the crime to the ability, capacity, or fitness required to
perform the duties and discharge the responsibilities of the licensed occupation.
(2) In determining the fitness to perform the duties and discharge the responsibilities of
the licensed occupation of a person who has been convicted of a crime, the agency will
also consider the following:
(A) the extent and nature of the person's past criminal activity;
(B) the age of the person when the crime was committed;
(C) the amount of time that has elapsed since the person's last criminal activity;
(D) the conduct and work activity of the person before and after the criminal
activity;
(E) evidence of the person's rehabilitation or rehabilitative effort while
incarcerated or after release;
(F) other evidence of the person's fitness, including letters of recommendation
from:(1) prosecutors and law enforcement and correctional officers who
prosecuted, arrested, or had custodial responsibility for the person; (2) the sheriff
or chief of police in the community where the person resides; and (3) any other
person in contact with the convicted person; and
(G) proof that the applicant has: (1) maintained a record of steady employment;
(2) supported the applicant's dependents; (3) maintained a record of good
conduct; and (4) paid all outstanding court costs, supervision fees, fines, and
restitution ordered in any criminal case in which the applicant has been
convicted.
(e) Notice
Any person whose licenses is denied, suspended or revoked for a prior conviction of a
crime will be provided written notice of:
(1) the reason for the suspension, revocation, denial, or disqualification;
(2) the review procedure provided by Tex. Occ. Code § 53.052; and
(3) the earliest date the person may appeal the action of the licensing authority.
SECTION 2. This ordinance takes effect after official publication.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
8
That the foregoing ordi rice was ead for the first time and passed to its second
reading on this the ( j ay of i hg . , 2017, by the following vote:
Joe McComb a Ben Molina I ,/
Rudy Garza 0#,L'
' Lucy Rubio "Paulette Guajardo Greg Smith
/-
------ --
Michael Hunter Carolyn Vaughn
Debbie Lindsey-Opel air
That the foregping ordinance was read for the second time and passed finally on this
the Q Q '\ y of , 2017, by the following vote:
Joe McComb ___4_ Ben Molina ) ,L.
Rudy Garza Lucy Rubio I f 1
Paulette Guajardo ,j Greg Smith • ,!
Michael Hunter � / Carolyn Vaughn
_____a+
Debbie Lindsey-Opel
PASSED AND APPROVED on this the . a day of aLIVal—, 2017.
ATTEST:
/
Re:-cca Huerta Jo'• cComb
City Secretary M. or
EFFECTIVE DATE
') 3122C 9
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1733253
PO#
Before me,the undersigned, a Notary Public, this day personally came (4,15_0/-) , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times,a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties,and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 08/28/17 Mon
CC-Internet - caller.com 08/2:/17 Mon
d
LEGAL SALES 'EPRESENTATIVE
On this 6+1(1 day of Se{k M ber ,20 n I certify that the attached document is a true
and exact copy made by publisher.
-P, PmN
ofY ublic, State of Texas
.y.'Py.. ''' SYLVIA P PEREZ
?` 4°- ":= My Notary ID#126819013
Expires February 27,
2021
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tilt iD euaena E A'uk,o 1.....1=1:1".'::114: ED FOR RE51- O MENOS SE DL'x°{AGILITY AT BULK ilia:Clause 1 a the IWO
leo Limns.Applic wt with 1,10 of t A'sales to e, PRESUME DOCK 2-Bad ODemn0 2:00 91191 two:ano 50M..le,
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re',„,„ahoneuNedab. Iralw�tebe&opte0asdw HOWEVER IF QUE SE •ESTI- ami2,2eu:Portal e•
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is/ °rdt 1.mM clic n0 salar
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STATE 01 TEXAS all<est.«IM a0jaqq,,a PCCA.Ince. SI cubmlt. a 6401 laws M ,pu•
AWES COUMY awe. Her lin•y1M• TY MAY NOT DE SERVICIOS ,•d er e,prnS meg l.rec, Ialbnf paaYWq to 1.
B vett.°un cepa of S.N N lli«a oarav own. DE AG UA POTA- u M m•sealed env<• n•Mars.
�.a•d Aupuu 2.2nr,all q um.a N ale mop• QUALIFY FOR IGH Mala Ie, express sealed Bias lar Lhe above
rvnuana to judo. lofty«for•Pmon 1.n°is BLE 0 ALCA- mail Y•a•oln. The LCCA elerencea Wheel 'B be
incea•«atn of the Da. •0.0,to IM (other RESIDENTIAL a,nh,1PWlua laid, received w Cat..CM,.w.
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the
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N14E.•b..ores
me afaIH all 0111.10 11101. xonw.Mulnonce WHO WOULD lar.Attn:Tlyl O,an•eon-
SMOIa of Said eounly. Mete may be AM.. LIKE MORE IFICAR PARA P02T Ge Como CMRrsn Ifs.Adalioi+l .Prower
I Nee .August t.2517 are 1M ooerA AVTNOg11Y .1Mouph wIM be Hall•
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v,ea INFORMATION /U50 RESIDEN- able upon emit a.A pH.
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sSepumbeh 1511,ane S e now.for more information, SHOULD MAKE aewuveo01<ia Aqusl .2eu
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l A .. 114
,M Colo n...o1 the as Sampson.MP,auoa• for POTENCIAL las will H received all
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nou`ia er 1O:01 AMM and 4410 THIS SALE IS CONSULT WITH DESEA MLS . ,n,„000io59Y"LL0,.
ai'Io:NAM,:girl loren BEING CON- PRIVATE COUN- INFORMACI N ACCEPTED. Wltl"OT B[
AA can to t 'AIM"w DERE PREGUN• seLL Here "Dec Bolam shall mutt
011 an the r 1,MN.and DUCTED PUS• SEL. Ah salve Cie ill ul
Wrest on n.01lwfdams in SUANT TO ESTA VENTA SE TAR 0 CONSUL- earls CM;ni onolo;.re
Wan wall)m And b enrol• The classifieds made for .?!..I. r«m-taad.
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pp defendant.,the OR JUDICIAL FORME A LOS SOR PRIVADO• traps,.
Sante m the County oand t°Wows REQUIRE- RE UISITOS
all state 0T ,lumil. ho,,.,,»„ay^yryy» NvM.crm,�{W�uiM.M.ww .yea,.•.
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CORPUS CHRISTI > Ad Proof
( ItttLt11W caller.com
Sales Rep:Georgia Lawson(C9190) Phone:(361)886-4307 Email:georgia.lawson@ncaller.com
Date:08/24/17 I his is a proof ofyour ad scheduled to run on the dates indicated below.
Account Number: 172983(CC 18438) Please confirm placement prior to deadline by contacting your account
Company Name:CITY OF CORPUS CHRISTI rep at(361)886-4307.
\d Id: 1733253 P.O.Number: Total Cost:$87.30
Contact Name:
Email: Tag Line:NOTICE OF PASSAGE OF ORDINANCE(S)NO
Address:PO BOX 9277.CORPUS CHRISTI,TX,78469-9277 Start Date:08/28/17 Stop Date:08/28/17
('hone:(361)826-3672 Fax:(000)000-0000 \tnnber of Times: I Class: 16130-Legals
Publications:CC-Corpus Christi Caller-Times,CC-Internet-callercom
>Ad Proof
I agree this ad is accurate and as ordered.
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031226, Ordinance
amending Chapter 1 of the
Corpus Christi Code of Ordi-
nances by adding Section
1-14 to establish Guidelines
for License Applicants with
Criminal Convictions; and
providing an effective date.
for severance,and for pub-
lication.This ordinance was
passed and approved on
second reading by the Cor-
pus Christi City Council on
August 22,2017.
/s/Rebecca Huerta
City Secretary
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such.Gannett reserves the right to cat-
egorize.edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad.please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 361.883-1111. Allowance may not be made for errors reported past
the second print date.The Corpus Christi Caller-Times may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open
rate may be pro-rated for the remaining full days for which the ad did not run.
I