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AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR
APPLICANTS FOR CITY LICENSES
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA, DOES ORDAIN:
212.010 Applicants for Citv Licenses.
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.
212.020 Criminal History License Background Investiiations. The Oak Park
Heights Police Department is hereby required, as the exclusive entity
within the City, to do a criminal history background investigation on the
applicants for the following licenses within the city:
City licenses:
a. Peddler and Solicitor
b. Alcohol
c. Tobacco
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 Administrator, 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.