ORD 08-012w+~w~w~
~~~
'~ ~~y Cou~c~~ of the ~i~y of ive~ Does ~eb~ ~~a~~ as o~a~s~
ec~an 1 ~e~ia~a 38-39, "ieense ~a~i~gra~nd h~l~s" o~ e ~L ~,vez ~~y ode ~
he~eb~ added a ~'o~o~v.
~a} „~~li~~c~rr~,~~ fo~• i c~et~s~,~
"~ ~~os and ~en~ o£ ~ sec~ian is to ~tab~is~ ~ega~ons d~a~ ~v~ll a~o4v ~a~v
~n~'o~c~~~~ access ~o ~r~~esoa's o~~erf~ed r~n~inal ~~is~o~~t i~~'o~a~ian £~~
sp~ci~.~d no~~c~.i,na~ ~ase~ ~ ,c~ns~ ~ac~~g~o€~nd c~~eclL.
~ '~~r~~i~r~rl ~-~is~o~, .'~ea~se ,~c~~~~~rrrc~ ~~~~ies~~~a~~a~is
~e ~~~ ~vr police ~e~ar~~n~ is an.o~~ed, as ~e e~~us~ve ens ~v~n ~~
~~ do a ~~al h~s~oT ba~~~g~o~d vestig~~on an ~.he app~ican~s ~o~ d.~e ~ol~o~~r~a
~censes i~su~d ~~ ~e ct;
~ ,~.rnuseen~ eyes
~i~d ~~.
~ '~re~~ror~~
~quo~:
~~anagers of iquo~' ~s~ab~is~~~~s
° ~edd~er
Tobacco
~ Transient i4~~rchan~
~ ~~~assae ~srab~is~an~en~
~~~~~ ~~~~a~is~
~ ~~ayyori~ted 3u~~ness
~n cond~c~€ng ~~ cr~r~nal bis~or ba~i~ground ~rsdga~ir~n order to screen l~~ene
a~~cants, die ~a~ice ~ear~e~~ is ~.~~.~o~~~d to a~~ data ~~taed i~ ~e ~.nneso~~
Bear ~~` r~a~ .~~:e~~ensi~ns otr~putefi~ed ~.ai ~isto ~o~ra~on syt~
a~co~danc~ ~v~~ C~. ~nlic~. any data .hat is accessed and a~q~ired shad be ai.tai~ed at e
Pa~ice Depar~nen~ ~n.de~ ~e ca~~e and eustod~~ o~ ~e ch~e~` ~a~v en.for~een~ o~f~~iai or his o~
~~~~ designee. , s~n~l~af o the rests ~~' ~~pute~d ~a~ ~istor da~a n~a~r be
released ~~ die oee e~a~~en~ to ~~~ ~ieensig au~or~t~~~ i~ciu~ding t}~e ~ ouneii, die
icy lerl~, ~~ o1er ci~~ ta~'~' ~voived ~e license ~p~~'o~ral process.
~ei'ore tae i~ves.g~~~n is undertaken, ~e app~,cant must ~ut~o~e the Police ~e~ar~tnent b~
~v~~tn consent to under~al~~ ~ i~re~gaion~ ~.~e ~vzitte~ cosen~ mush ~~r co.plp ~~
~~ pro~.s~ons ~ ~~nn. Scat. chap, ~ igarc~g ~~ ~ollec~ion, n~~tena.nce, s.nd use ~~' die
in~~~ation, ~~cep~ for ~~e positions set forth in Iinne~ta ~aCutes ec~ian ~~4,0} die cit~T
~vi~ pct reject a~ applicant fo~+ a license ~ e basis ~~ e app~ica~t's prior con~~cd~n u~.ess
d.~e r~..e ~~ direed,y related to e license sought and die con~ticdon is for a felon, gross
;~[3rdir~~~ccs~~32ck~rs~~an~ C~i~ck I~ic~sn~~~,~oc
sdee~o~, or ~~derne~~o~ ~~r~~~ ~~ sete~ee. ~f the its xejects ~~ ~p~ie~~tf request
on this b~€sis, the ~~ty ~i~ .o~~y ~e ~~ca~t ~ ~~v~i a£ e ~o~.~~v~n:
~ . ~~ ~oun~ ~~d ~eso~s ~`o~ e ~n~a~.
The ~pp.e~t cr~p~~~nt aid ~ie~anee p~~ce~ux set forth ~~es~~a taste
eet~on ~4~~,
. The ear~e~t date e ~.~ca~t nay rea~'P~Y for ~e ~cer~e,
4. That ~ ca~ete~~ e~~de~ce o£rehabtatio~ ~~ be eas~dered €~po~ reag~~~ation.
e~~io. That this ord~rza~ce shall ~a~~e e£ect upon uh~ca~.o~ as ~~ovided h la~~r.
Passed her ~e ~y oue~ ~~' ~~e i~ a~ ll~ ~~er t~~s ?~t~z ~~~, off' ~ct~~er, ?~~8,
r ~ ~ ,
,.,,~:......... f
~, ~ ,, ,f
r ~ .~~,
mfr ~~~
t~e~e~:
~~
.~~
f ~'r
Ir ~
1 ~
:.
~ .::
yr..,,...:. 5~r..~~
1 ~~
T'a ~ha~d, ~t~t le~~~
~:~C~rrlina~c~s~B~~l~g~r~unc~ Chcc~ I.ic~n~c~.~nc
AFFIDAVIT OF PUBLICATION
ORDINANCE, NO.08-12
AN ORDINANCE OF THE
CITY OF ELK HIVE D
ADDING SECTION 38-39,
"LICENSE BACIt;ClI3.OIJND STATE OF MINNESOTA l
CHECKS"OF THE ELI J SS
RIVER CITY CODE COUNTY OFSHERBURNE )
The City Council of the City of
Elk River Does'Hereby Ordain'
as Follows: �
Sectionl Section.3'8,-39,
"License Background Checks"
of-the Elk River City Code is Heidi Quanrud,being duly sworn on oath says that she is the office manager of the
hereby added as follows. Newspaper known as the Star News,and has full knowledge of the facts which are stated
(a)Applicants for City below:
Licenses
The purpose and intent of this
section is to establish regula (A)The Newspaper has complied with all of the requirements constituting
tions that will allow law qualifications as a qualified newspaper,as provided by Minnesota Statue 331A.02, 331A.07
enforcement access to
Minnesota's Computerized and other applicable laws, as ammended.
Criminal History information
for specified non-criminal pur- (B)The printed Ordinance 08-12,which is attached was cut from the columns of said
poses of licensing background newspaper and was printed and published once a week for one week;it was first published
checks., on Wednesday, the 29th day of October,2008 and was therefore tinted and published on
(b)Criminal'HistoryLicense Y� Y � p'� P
Background Investigations every Wednesday to and including Wednesday,the 29th day of October, 2008,and printed
The Elk River Police Depart` below is a copy of the lower case alphabet from A to Z, both inclusive,which is hereby
ment is authorized, as the
exclusive entity within the acknowledged as being the size and kind of type used in the composition and publication of
City, to do a criminal history the notice
background investigation on
the applicants for the following
licenses issued by the city: abcdefghijklmnopgrstuvwxy
®Amusement Devices
®Billiard Hall
®Fireworks
®Liquor
®Managers of liquor estab-
lishments
®
Peddler'
Solicitor U
®Tobacco
oTransient Merchant
*Massage Establishment Office Manager
®Massage Therapist
*Pawn Shop'
®Sexually-oriented Business Subscribed and sworn to before me on ��a
In conducting the criminal
history background investiga- this 29th day of October, 2008 1 vP
tion in order to screen license a tV0
+MINK 1y
applicants,the Police Depart rAF(Y p;) s"
ment is authorized to access' ftla(( (('
1 �
data maintained in the Minne-' My Cornml3 CX�ion C
sota Bureau of Criminal` „ny M31 2010;5
Apprehensions'Computerized
Criminal History information 111 '1/l/��iCO�✓
system in accordance with BCA
policy. Any data that is
accessed and acquired shall be
maintained at the Police' Notary Public
Department under the care and
custody of the chief law'
enforcement official or his or
her designee.A summary of the RATE INFORMATION
results of the Computerized';
Criminal History data may be $ 16.11
released by the Police Depart- (1) Lowest classified rate paid by
ment to the licensing authority, commercial users for comparable space
including the City Council,the (line,word or inch rate)
City;Clerk,or other city staff
involved in the license approval (2) Maximum rate allowed by law for the $ 15.00
process. above matter
(line,word or inch rate)
(3)Rate actually charged for the above $ 15.00
matter
(line, word or inch rate)
1,465,375
i
i
Before the investigation is
undertaken,the applicant must
authorize the Police Depart-
ment by written consent to
undertake the investigation.
The written consent must fully
coirply with the provisions of
Minn. Stat. Chap. 13 regard-
ing the collection,maintenance,
anti 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 convic-
tion is for a felony,gross mis-
demenor,i or misdemeanor
with Ei 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 Minnesota Statutes
Section 364.06.
3.The earliest date the appli-
cant„may reapply for the
license.
4. That"all competent evi-
dence of rehabilitation will be
considered upon reapplication.
section-2.That this ordinance
shall take effect upon publica-
tion as provided by law.
Passed by the City Council of
the City of Elk River this 20th
day of October,2008.
Stephanie Minzing,
Attested:Tina Allard Mayor
City Clerk
(029)
i
i
,I
I�
i,.