§ 26-36. Police chief's certification; investigation of applicant's character.

(a)

In all cases where the certification of the police chief is required prior to the issuance of any license by the city clerk, such certification shall be based upon a finding that the person making application for such license is of good moral character.

(b)

The phrase "good moral character," when used in this Code for the purpose of licensing, shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open manner.

(c)

A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he has the ability and is likely to serve the public in a fair, honest and open manner, that he is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he seeks to be licensed.

(d)

The following criminal records shall not be used, examined or requested by the city in a determination of good moral character:

(1)

Records of an arrest not followed by a conviction.

(2)

Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.

(3)

Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest and open manner.

(4)

Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.

(e)

When a person is found to be unqualified for a license because of a lack of good moral character, or similar criteria, the person shall be furnished by the city clerk with a statement to that effect. The statement shall contain a complete record of the evidence upon which the determination was based. The person shall be entitled, as of right, to a rehearing on the issue before the commission if he has relevant evidence not previously considered regarding his qualifications.

(Code 1963, § 7.10)

State law reference

Similar provisions, MCL 338.41 et seq., MSA 18.1208(1) et seq.