(A) General. The purpose and intent of this section 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 background checks.
(B) Criminal history license background investigations. The County Sheriff’s 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 within the city: beer; wine; and liquor licenses.
(1) In conducting the criminal history background investigation in order to screen license applicants, the County Sheriff’s Department is authorized to access data maintained in the state’s 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 County Sheriff’s 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 County Sheriff’s Department to the licensing authority, including the City Council, the City Administrator or the designee.
(2) Before the investigation is undertaken, the applicant must authorize the County Sheriff’s Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Ch. 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information. 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. 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 the license; and
(d) All competent evidence of rehabilitation will be considered upon reapplication.
(Prior Code, § 5.021) (Ord. 328, Third Series, effective 5-3-2013)