ORD 18-06ver
Ordinance 18 - 06
&aiketkreagh4 to be removed
Underlines to be added
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) App#rants 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
r�,,01 F R I1 A
Vl
1 ATV��
Stfiltethroughs to be removed
Underlines to be added
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. 4 364.06.
(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.
1 `� 1
1'riRr�
Y�A - .
ATTEST:
C�7
Tina Allard, City Clerk
Last Updated March 2014
1R1ERER I
NATURE
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
ORDINANCE 18 - 06
STATE OF MINNESOTAAN
)
ORDINANCE
ss
COUNTY OF SHERBURNE
AMENDING CHAPTER 38,
SECTION 39, LICENSE
BACKGROUND CHECKS OF
Darlene MacPherson being duly sworn on an
THE CITY OF ELK RIVER,
oath, states or affirms that he/she is the
MINNESOTA, CITY CODE
Publisher's Designated Agent of the newspa-
The City Council of the City of
known
Elk River does hereby ordain as
per(s) as:
follows:
SECTION 1. That § 38-39, Li -
Star News
cense Background Checks of the
City of Elk River Code of Ordinanc-
with the known office of issue being located
es shall be amended to add the
following:
in the county of:
Sec. 38-39. - License back-
SHERBURNE
ground checks.
with additional circulation in the counties of:
(a) Applicants for city licens-
WRIGHT
es. The purpose and intent of this
section is to establish regulations
and has full knowledge of the facts stated
that will allow law enforcement ac -
below:
cess to Minnesota's Computerized
(A) The newspaper has complied with all of
Criminal History information for
the requirements constituting quali6ca-
specified noncriminal purposes of
licensing background checks.
tion as a qualified newspaper as provided
(b) Criminal history license back -
by Minn. Stat. §331A.02.
ground investigations. The police
(B) This Public Notice was printed and pub-
department is authorized, as the
lished in said newspaper(s) once each
exclusive entity within the city, to
do a criminal history background
week, for 1 successive week(s); the first
investigation on the applicants for
insertion being on 05/12/2018 and the last
the following licenses issued by the
insertion being on 05/12/2018.
city'
• Amusement devices
• Billiard hall
MORTGAGE FORECLOSURE NOTICES
• Fireworks
Pursuant to Minnesota Stat. §580.033
• Food Trucks
relating to the publication of mortgage
• Liquor
• Managers of liquor establish -
foreclosure notices: The newspaper complies
ments
with the conditions described in §580.033,
• Peddler
solid. 1, clause (1) or (2). If the newspaper's
• Solicitor
known office of issue is located in a count Y
• Tobacco
• Transient merchant
adjoining the county where the mortgaged
• Message establishment
premises or some part of the mortgaged
• Message therapist
premises described in the notice are located,
• Pawn shop
a substantial portion of the newspaper's
• Sexually -oriented businessIn conducting the criminal his -
circulation is in the latter county.
tory background investigation in
order to screen license applicants,
the police department is authorized
/)
P,
to access data maintained in the
By: , M a r N
Minnesota Bureau of Criminal Ap-
Prehensions Computerized Crim-
Designated Agent
inal History information system in
Subscribed and sworn to or affirmed before
accordance with BCA policy. Any
data that is accessed and acquired
me on 05/12/2018 by Darlene MacPherson.
shall be maintained at the police
department under the care and
custody of the chief law enforce-
ment official or his or her designee.
11
A summary of the results of the
computerized criminal history data
may be released by the police ci -
02
partment to the licensing authority,
including the city council, the city
clerk, or other city staff involved in
Not;;; Public
the license approval process.
Before the investigation is under-
taken, the applicant must authorize
the police department by written
w:.rt`y8si�
consent to undertake the investi-
gation. The written consent must
,),7 NOte ry Public -Minnesota
fully comply with the provisions of
Minn. Stats,
c My Commlulon
ch. 13 regarding the
Explrw Janet, 2027
collection, maintenance, and use
of the information. Except for the
positions set forth in Minn. Stats.
§ 364.09, the city will not reject an
Rate Information:
applicant or a license on the basis
(I) Lowest classified rate paid by commercial users
of the applicant's prior conviction
unless the crime is directly related
for comparable space:
to the license sought and the con -
$23.00 per column inch
viction is or a felony, gross mis-
demeanor, or misdemeanor with a
Ad ID 814512
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 appli-
cant 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
Published in the
Star News
May 12, 2018
814512