Subd. 1. Purpose. The purpose and intent of this subsection is to establish regulations that will allow law enforcement access to the state’s Computerized Criminal History information for specified non-criminal purposes of licensing and permitting background checks.
Subd. 2. Criminal History License/Permit Background Investigations. The City Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses/permits within the city, unless the city’s licensing/permitting authority concludes that a background investigation is not needed:
1. All liquor licensing;
2. All lawful gambling permits;
3. All therapeutic massage licensing;
4. All peddler/transient merchant permits;
5. All tobacco licensing;
6. All taxi service permits;
7. All fireworks permits;
8. All trash hauler permits; and
9. Any other official city licensing/permitting.
Subd. 3. Data Access. In conducting the criminal history background investigation in order to screen license/permit applicants, the Police Department is authorized to access data maintained in the State Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy.
Subd. 4. Application Authorization. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation.
1. The written consent must fully comply with the provisions of M.S. Chapter 13, as it may be amended from time to time, regarding the collection, maintenance, and use of the information.
2. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, 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.
3. 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 M.S. § 364.06, as it may be amended from time to time;
c. The earliest date the applicant may reapply for employment; and
d. All competent evidence of rehabilitation will be considered upon reapplication.