HomeMy WebLinkAboutCity Council Ordinance 2012-11CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2012-11
AN ORDINANCE AMENDING CHAPTER X
OF THE PLYMOUTH CITY CODE
CONCERNING BACKGROUND CHECKS
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Chapter X of the Plymouth City Code is amended by adding Section 1019 to
provide as follows:
Section 1019 — Background Checks
1018.01. Applicants for City licenses and certificates.
Subd. 1. Purpose: 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.
Subd. 2. Criminal History License Background Investigations: The Plymouth Police
Department is hereby required, as the exclusive entity within the City, to do a criminal history
background investigation on applicants for licenses and certificates within the City when
required by the City Code including: massage therapy center, massage therapist, lawful
gambling, peddler, solicitor, pawnbroker, liquor licenses.
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
misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on
this basis, the City shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial.
(b) The applicant complaint and grievance procedure set forth in Minnesota
Statutes Section 364.06.
(c) The earliest date the applicant may reapply for the license.
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
SECTION 2. This ordinance shall be effective following its passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 27th day of
March, 2012.
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DA&AW,
Kelli Slavik, Mayor