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ORD 18-06
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ORD 18-06
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5/21/2018 8:49:00 AM
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5/8/2018 9:45:21 AM
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City Government
type
ORD
date
5/7/2018
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ver <br />Ordinance 18 - 06 <br />&aiketkreagh4 to be removed <br />Underlines to be added <br />An Ordinance Amending Chapter 38, Section 39, License Background Checks of <br />the City of Elk River, [Minnesota, City Code <br />The City Council of the City of Elk River does hereby ordain as follows: <br />SECTION 1. That § 38-39, License Background Checks of the City of Elk River Code of <br />Ordinances shall be amended to add the following: <br />Sec. 38-39. - License background checks. <br />(a) App#rants for city licenses. The purpose and intent of this section is to establish regulations that <br />will allow law enforcement access to Minnesota's Computerized Criminal History information for <br />specified non -criminal purposes of licensing background checks. <br />(b) Criminal history license background investigations. The police department is authorized, as the <br />exclusive entity within the city, to do a criminal history background investigation on the applicants <br />for the following licenses issued by the city: <br />• Amusement devices <br />• Billiard hall <br />• Fireworks <br />• Food Trucks <br />• Liquor <br />• Managers of liquor establishments <br />• Peddler <br />• Solicitor <br />• Tobacco <br />• Transient merchant <br />• Massage establishment <br />• Massage therapist <br />• Pawn shop <br />• Sexually -oriented business <br />In conducting the criminal history background investigation in order to screen license applicants, the <br />police department is authorized to access data maintained in the Minnesota Bureau of Criminal <br />Apprehensions Computerized Criminal History information system in accordance with BCA policy. <br />Any data that is accessed and acquired shall be maintained at the police department under the care <br />and custody of the chief law enforcement official or his or her designee. A summary of the results of <br />the computerized criminal history data may be released by the police department to the licensing <br />authority, including the city council, the city clerk, or other city staff involved in the license approval <br />process. <br />Before the investigation is undertaken, the applicant must authorize the police department by <br />written consent to undertake the investigation. The written consent must fully comply with the <br />provisions of Minn. Stats. ch. 13 regarding the collection, maintenance, and use of the information. <br />Except for the positions set forth in Minn. Stats. § 364.09, the city will not reject an applicant for a <br />license on the basis of the applicant's prior conviction unless the crime is directly related to the <br />Last Updated March 2014 <br />r�,,01 F R I1 A <br />Vl <br />1 ATV�� <br />
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