(A) Consistent with the authority provided in M.S. § 299C.72, the Sheriff’s Department may conduct a criminal history background investigation on applicants for the following licenses within the city: retail liquor (see M.S. § 340A.402), massage, employees of liquor establishments, peddler, taxi cab operator, and taxi cab driver.
(B) In conducting the criminal history background investigation in order to screen license applicants, the Sheriff’s Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's criminal history information systems database in accordance with M.S. § 299C.72.
(1) Any data that is accessed and acquired shall be maintained at the Sheriff’s Department under the care and custody of the Sheriff or his or her designee.
(2) A summary of the results of the criminal history data may be released by the Sheriff’s Department to the licensing authority, including the City Council, the City Administrator, and other city staff involved in the license approval process.
(C) Before the investigation is undertaken, the applicant must authorize the Sheriff’s Department by written consent to undertake the investigation.
(1) The written consent must fully comply with the provisions of M.S. Ch. 13 regarding the collection, maintenance and use of the information.
(2) Except for the positions set forth in M.S. § 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 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;
(c) The earliest date the applicant may reapply for the license; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 42, 6th Series, passed 12-15-2009; Am. Ord. 84, 6th Series, passed 2-3-2015)