10.04A & B - Criminal History Policy

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APPLICANTS FOR CITY LICENSES Consistent with the authority provided in Minn. Stat. §299C.72,the City of Pequot Lakes Police Department will conduct a criminal history background investigation on the applicants for the following licenses within the city: • Massage license, employees of liquor establishments;peddler/transient merchant licenses, tobacco licenses,pawn shop licenses etc., except for statutorily mandated or authorized background checks, i.e.,retail liquor license. • Any other license that the City determines a background check is appropriate. 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 Apprehension's criminal history information systems data base in accordance with Minn. Stat. §299C.72. 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 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 in 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. Ch. 13 regarding the collection,maintenance,and use of the information. Except for the positions set forth in Minn. Stat. § 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 Minn. Stat. § 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. Effective date: This policy shall take effect upon Adopted by the Pequot Lakes City Council on