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2011-06BILL N0.2011-6 AN ORDINANCE RELATED TO CRIMINAL HISTORY BACKGROUND INVESTIGATIONS FOR CERTAIN CITY-ISSUED LICENSES; AMENDING SUBSECTION 1005.11 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1005.11 of the Richfield City Code is amended by adding a subdivision as follows: Subd. 1a. Background investigation. The purpose and intent of this subdivision is to establish regulations that will allow law enforcement access to the state computerized criminal history database for specified licensing background checks. a. The Public Safety Department is required, as the exclusive entity within the city, to perform a criminal history background investigation for the following licenses within the City, issued pursuant to the chapters of this code as identified below. License T e Code Cha ter Li uor establishment 1202 Li uor server 1208 Taxicab 1170 Taxi driver 1175 Itinerant activi 1181 Secondhand goods dealer 1186 Pawnbroker 1187 Massage therapy ente rise 1188 Massa a theta ist 1188 Adult establishment 1196 Tattoo, body piercing, body branding or body aintin 630 b. In conducting criminal history background investigations under this subdivision, the Public Safety Department is authorized to access data maintained in the state Bureau of Criminal Apprehension (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired must be maintained within the department under the care and custody of the Public Safety Director, or his or her designee. A summary of the results of the computerized criminal history data may be released by the Public Safety Department to the licensing authority, including the City Council, the City Manager, or other City staff involved in the license approval process. c. An applicant must authorize the Public Safety Department by prior written consent to undertake a criminal history background investigation. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collection, maintenance and use of the information. d. Except for the positions set forth in Minnesota Statutes section 364.09, the City will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City will notify the applicant in writing of the following: 1. The grounds and reasons for the denial. 2. The applicant complaint and grievance procedure set forth in Minnesota Statutes section 364.06. 3. The earliest date the applicant may reapply for the license. 4. That all competent evidence of rehabilitation will be considered upon reapplication. Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of February, 2011. Debbie Goette ,Mayor - ATTEST: Nancy Gib ,City Clerk newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Richfield Sun-Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 3 day of March 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of 2011; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: City of Richfield (Official Publication) BILL NO. 2011-6 AN ORDINANCE RELATED TO CRIMINAL HISTORY BACKGROUND INVESTIGATIONS FOR CERTAIN CITY-ISSUED LICENSES; AMENDING SUBSECTION 1005.11 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1005.11 of the Richfield City Code is amended by adding a subdivision as follows: Subd. 1 a. Background investigation. The purpose and intent of this subdivision is to establish regulations that will allow law enforcement access to the state computerized criminal history database for specified licensing background checks. The Public Safety Department is required, as the exclusive entity within the city, to perform a criminal history background investigation for the following licenses within the City, issued pursuant to the chapters of this code as identified below. License Type Code Chapter Liquor establishment 1202 Liquor server 1208 Taxicab 1170 Taxi driver 1175 Itinerant activity 1181 Secondhand goods dealer 1186 Pawnbroker 1187 Massage therapy enterprise 1188 Massage therapist 1188 Adult establishment 1196 Tattoo, body piercing, body branding or body painting 630 In conducting- criminal history background investigations under this subdivision. the Public Safety Department is authorized to access data maintained in the state Bureau of Criminal Apprehension (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired must be main- tained within the department under the care and custody of the Public Safety Direc- tor, or his or her designee. A summary of the results of the computerized criminal his- tory data may be released by the Public Safety Department to the licensing authori- ty, including the City Council, the City Manager, or other City staff involved in the li- cense approval process. An applicant must authorize the Public Safety Department by prior written consent to undertake a criminal history background investigation. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collec- tion, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes section 364.09, the City will not reject an applicant for a license on the basis of the applicant's prior conviction un- lessthe crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the ap- plicant's request on this basis, the City will notify the applicant in writing of the follow- ing: The grounds and reasons for the denial The applicant complaint and grievance procedure set forth in Minnesota Statutes sec- tion 364.06. The earliest date the applicant may reapply for the license. That all competent evidence of rehabilitation will be considered upon reapplication. abcdefghijklmnopgrstuvwxyz Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of Feb- c~ ruary, 2011. , CCC Debbie Goettel, Mayor BY: t ~ f" ~ncy Gibbs, City Clerk CF.O (Mar 3, 2011) D2 Bill No. 2011-6 Subscribed and sworn to or affirmed before me on this 3 day of March , 2011. / Notary Public = ~ ~ ,IIJI.IA I HELK~NN ;~~ ~ NOTAtiY NUF3LIC • GtINNESOTA 1q~,,, ~~ rty Cumin. Expires Jan- 91. 2015 i1...