4.7. SR 05-07-2018
Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent May 7, 2018 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment: Background Checks for Cal Portner, City Administrator
Licensing
Reviewed by
Action Requested
Adopt, by motion, an ordinance amending the Elk River City Code to authorize Bureau of Criminal
Apprehension (BCA) background investigations for food truck licensing.
Background/Discussion
Council recently adopted an ordinance to allow food trucks in the city and one of the requirements for a
vendor is to undergo a background check.
In order for the police department to access the BCA database to perform the check, the city must have
an ordinance in place outlining the process to be followed along with the types of licenses they are
authorized to access the database for.
Elk River currently has this ordinance in place but due to the addition of food truck licensing, the
ordinance needs to be updated to include food trucks.
Financial Impact
N/A
Attachments
Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Ordinance 18 - ____
An Ordinance Amending Chapter 38, Section 39, License Background Checks of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 38-39, License Background Checks of the City of Elk River Code of
Ordinances shall be amended to add the following:
Sec. 38-39. - License background checks.
(a) Applicants for city licenses. 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.
(b) Criminal history license background investigations. The police department is authorized, as the
exclusive entity within the city, to do a criminal history background investigation on the applicants
for the following licenses issued by the city:
• Amusement devices
• Billiard hall
• Fireworks
• Food Trucks
• Liquor
• Managers of liquor establishments
• Peddler
• Solicitor
• Tobacco
• Transient merchant
• Massage establishment
• Massage therapist
• Pawn shop
• Sexually-oriented business
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 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. Stats. ch. 13 regarding the collection, maintenance, and use of the information.
Except for the positions set forth in Minn. Stats. § 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
Last Updated March 2014
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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:
(1) The grounds and reasons for the denial.
(2) The applicant complaint and grievance procedure set forth in Minn. Stats. § 364.06.
(3) The earliest date the applicant may reapply for the license.
(4) That all competent evidence of rehabilitation will be considered upon reapplication.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 7th day of May, 2018.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated March 2014