Subd. 1. The South Lake Minnetonka 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 within the city, or those licenses as determined by licensing authority as provided in the Shorewood City Code Titles 300 and 400:
a. Employees and/or officers and/or partners of licensed tobacco and liquor establishments.
b. Applicants for transient merchant, solicitor, peddler or canvasser licenses.
c. Applicants, operators, managers, and/or employees of adult use establishments.
d. Applicants, operators, managers, and/or employees of therapeutic massage establishments.
Subd. 2. 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 Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police 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 Police Department to the licensing authority, including the City Council, the City Administrator, or other city staff involved the license approval process.
Subd. 3. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13 regarding the collection, maintenance and use of the information. 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. 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.
d. That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 480, passed 8-22-2011)