Subd. 1. The City Attorney is authorized to complete a criminal history background investigation on every applicant for a license or permit authorized by Chapter 5 or Chapter 6 of the City Code. Before any investigation is undertaken by the City Attorney, the applicant must authorize the City Attorney in writing to undertake the investigation and to release any information gathered during the investigation as provided in Subd. 3. 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.
Subd. 2. In conducting the criminal history background investigation, the City Attorney may access data maintained in the Minnesota Bureau of Criminal Apprehension’s Computerized Criminal History information system in accordance with Bureau of Criminal Apprehension policy. The City Attorney is also authorized to access any other automated and non-automated sources to conduct criminal history background investigations.
Subd. 3. Any data that is accessed and acquired by the City Attorney shall be maintained under the care and custody of the City Attorney or his or her designee. A summary of the results of the criminal history background investigation may be released by the City Attorney to the City Administrator or to his or her designee. The City Administrator or his or her designee shall determine if the information from the criminal history background investigation should be released further to the City Council or other City staff involved in the licensing or permitting process.
Subd. 4. If, after the investigation is complete, the City Administrator or his or her designee is satisfied that all requirements of Minnesota Statutes, the City Code and this section have been met, the City Administrator or his or her designee shall present the application for license or permit to the City Council for action, or if the license or permit does not require approval by the City Council, the City Administrator or his or her designee shall issue the license or permit.
Subd. 5. The city will not deny an applicant's request for a license or permit on the basis of an applicant's prior criminal conviction unless the crime is directly related to the license or permit sought (using the criteria set forth in M.S. § 364.03, Subd. 2, as it may be amended from time to time) and the conviction is for a felony, gross misdemeanor or misdemeanor with a jail sentence. If the city rejects the applicant's request for license or permit due partially or solely on the applicant's prior conviction of a crime, the City Administrator or his or her designee 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 license or permit; and
D. That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 125,Third Series, passed 5-19-2009; Am. Ord. 27, Fourth Series, passed 10-2-2012)