3.6. SR 10-20-2008 - Laserfiche WebLink

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ORDINANCE NO.08- AN ORDINANCE OF THE CITY OF ELK RIVER ADDING SECTION 38-39, "LICENSE BACKGROUND CHECKS" OF THE ELK RIVER CITY CODE The City Council of the City of Elk River Does Hereby Ordain as Follows: Section 1 Section 38-39, "License Background Checks" of the Elk River City Code is hereby added as follows. (a) Applicants for City Licenses The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non-criminal purposes of licensing background checks. (b) Criminal History License Background Investigations The Elk River Police Department is authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses issued by the city: ^ Amusement Devices ^ Billiard Hall ^ Fireworks ^ Liquor ^ Managers of liquor establishments ^ Peddler ^ Solicitor ^ Tobacco ^ Transient Merchant ^ Massage Establishment ^ Massage Therapist ^ Pawn Shop ^ Sexually-oriented Business In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Clerk, or other city staff involved the license approval process. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, 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 unless the crime is directly related to the license sought and the conviction is for a felony, gross S:\Ordinances\Background Check Licenses.doc