§ 30.05  BACKGROUND INVESTIGATIONS.
   (A)   Purpose and intent. The purpose and intent of this section is to establish regulations that will allow the city to access public and private databases for the specific non-criminal purpose of employment background investigations for applicants who apply for city employment for the positions described in division (B) below, and for licensing background investigations for the licenses described in division (C) below.
   (B)   Criminal history employment background investigations; background investigation required. The city is hereby required to do a criminal history background investigation on applicants for employment with the city, city employees, as well as city volunteers that work with children or vulnerable adults, unless the Assistant City Manager concludes that a background investigation is not needed.
      (1)   Background investigation databases.
         (a)   In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access:
            1.   Data maintained in the State Bureau of Criminal Apprehensions (BCA) Computerized Criminal History information system in accordance with BCA policy; and
            2.   Other public and private databases that are authorized by the applicant.
         (b)   Any BCA data that is accessed and acquired shall be maintained or destroyed pursuant to the BCA and departmental policies. A summary of the results of the BCA data may be released by the Police Department to the Assistant City Manager or the City Manager and other supervisors directly involved in the hiring process as needed. If the background information pertains to the City Manager, it may be released to the City Council as the hiring authority for that position.
      (2)   Written authorization.
         (a)   Before the investigation is undertaken, the applicant must authorize the investigation by written consent. The written consent must fully comply with the provisions of Minn. Stat. Chapter 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information.
         (b)   Except for the positions set forth in Minn. Stat. § 364.09, as it may be amended from time to time, the city will not reject an applicant for employment on the basis of the applicant’s prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor or misdemeanor punishable by jail.
         (c)   If the city rejects the applicant solely on the basis of the results of the background investigation, the city shall notify the applicant of the following:
            1.   The grounds and reasons for the denial;
            2.   The complaint and grievance procedure set forth in Minn. Stat. § 364.06, as it may be amended from time to time;
            3.   The earliest date the applicant may reapply for employment; and
            4.   That all competent evidence of rehabilitation will be considered upon re- application.
   (C)   Criminal history license background investigations; background investigation required.
      (1)   The Police Department is hereby required, as the exclusive entity within the city, to do a background investigation on the applicants, owners, officers, managers or directors (collectively “applicant”) for the following licenses within the city:
         (a)   Sexually oriented establishments;
         (b)   Carnivals;
         (c)   Consumption and display permits;
         (d)   Gambling;
         (e)   Intoxicating liquor and 3.2% malt liquor;
         (f)   Massage therapy (business and personal);
         (g)   Motor vehicle sales and rentals;
         (h)   Pawnbrokers;
         (i)   Precious metal dealers;
         (j)   Peddlers, solicitors and transient merchants;
         (k)   Rental housing evaluators/inspectors;
         (l)   Residential rental dwellings;
         (m)   Special events;
         (n)   Tattoo and body art establishments business; and
         (o)   Tobacco.
      (2)   Background investigation databases: in conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access:
         (a)   BCA data in accordance with BCA policy; and
         (b)   Other public and private databases that are authorized by the applicant.
      (3)   Any BCA data that is accessed and acquired shall be maintained or destroyed pursuant to the BCA and departmental policies. A summary of the results of the BCA data may be released by the Police Department to the City Council, the City Clerk or other city staff involved in the license approval process.
      (4)   Written authorization: before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation.
      (5)   The written consent must fully comply with the provisions of Minn. Stat. Chapter 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information.
      (6)   Except for the positions set forth in Minn. Stat. § 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 punishable by jail.
      (7)   If the city rejects the applicant solely on the basis of the results of the background investigation, the city shall notify the applicant of the following:
         (a)   The grounds and reasons for the denial;
         (b)   The complaint and grievance procedure set forth in Minn. Stat. § 364.06, as it may be amended from time to time;
         (c)   The earliest date the applicant may reapply for the license; and
         (d)   That all competent evidence of rehabilitation will be considered upon re-application.
(2001 Code, § 1003)  (Ord. 10-19, passed - -; Ord. 12-07, passed - -)