CITY OF WOODBURY ORDINANCE NO. 1862

CITY OF WOODBURY

WASHINGTON COUNTY,

MINNESOTA

ORDINANCE NO. 1862

AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA PROVIDING THAT THE CITY CODE BE AMENDED BY AMENDING CHAPTER 11, LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, ARTICLE I - LICENSE BACKGROUND CHECKS, SECTION 11-2, CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS

THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN:

1862.01 That Chapter 11, License, Permits and Miscellaneous Business Regulations, Article I - License Background Checks, Section 11-2, Criminal History License Background Investigations of the City Code be amended to add language:

Section 11-2 Criminal History License Background Investigations

The Woodbury Police Department is hereby authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the city:

Liquor licenses

Massage therapy business

Massage therapist

Peddler licenses

Pawnbroker/precious metal license

Solicitor licenses

Taxicab licenses

Tobacco licenses

Small vehicle passenger services licenses

In conducting the criminal history background investigation on 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 policies as are established from time to time. 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 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. Chap. 13 regarding the collection, maintenance and use of the information. 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.

1862.02 Effective Date.

This ordinance shall take effect upon its passage and publication according to law.

Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota this 24th day of October, 2012.

ATTEST: ________________________

Mary Giuliani Stephens, Mayor

_______________________________

Clinton P. Gridley, City Administrator (SEAL)

10/31/2012

Tags: public notices, general legals