HomeMy WebLinkAboutCity Council Ordinance 2015-18CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2015-18
AN ORDINANCE AMENDING CHAPTER 10
OF THE PLYMOUTH CITY CODE
CONCERNING BACKGROUND CHECKS
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
Section 1019 of the Plymouth City Code is hereby amended as follows:
1019.01. 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 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, and 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 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 Minnesota Statutes Chapter 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 a*1 senteRrCe. 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.
This ordinance shall be effective immediately upon its passage.
APPROVED this 23rd day of June, 2015.
(I ", AAL
Kelli Slavik, Mayor
A T: ,
v .
andra R. Engdahl, City erk