A. Purpose: The purpose and intent of this section is to establish regulations that will allow law enforcement to access Minnesota's computerized criminal history information for the specific noncriminal purpose of licensing background investigations for the licenses described in subsection B of this section.
B. Background Investigation Required: Unless the city administrator has selected the city clerk or a private investigation agency, the city's police department is hereby required, as the exclusive entity within the city, to conduct a criminal history background investigation on the applicants for the following licenses or permits within the city:
1. Alcoholic beverages (License holders per Minn. Stat. Sec. 340A.402 and all managers of the licensed premises).
2. Massage therapist.
3. Therapeutic massage business.
4. Pawnbrokers/precious metal dealers.
5. Peddlers.
6. Solicitors.
7. Canada goose hunt permits.
8. Motor vehicle sales.
9. Adult use businesses.
10. Body art establishments.
11. Charitable gambling premises permits.
C. BCA Data: 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 apprehension computerized criminal history information system (BCA data) in accordance with BCA policy. Any BCA data that is accessed and acquired shall be maintained at the police department under the care and custody of the police chief or the police chief's designee. A summary of the results of the BCA data may be released by the police department to the council, city administrator, city attorney, city clerk or other city staff involved in the license approval process.
D. Written Authorization: Before the investigation is undertaken, the applicant must authorize the police department or city clerk or private investigation agency by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statutes chapter 13 regarding the collection, maintenance and 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 conviction is for a felony, gross misdemeanor, or misdemeanor punishable by jail. 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 complaint and grievance procedure set forth in Minnesota statutes section 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. (Ord. 1310, 3-14-2016; amd. Ord. 1428, 6-13-2022)