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2016-003 Council Ordinances
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2016-003 Council Ordinances
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8/15/2017 3:15:18 PM
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8/11/2017 10:01:43 AM
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City Council
Council Document Type
Ordinances
Meeting Date
06/13/2016
Council Meeting Type
Regular
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CITY COUNCIL <br />AGENDA ITEM 3C <br />STAFF ORIGINATOR: Julie Bartell, City Clerk <br />MEETING DATE: June 13, 2016 <br />TOPIC: Ordinance Amendments to City Code regarding Background <br />Checks <br />VOTE REQUIRED: 3/5 <br />INTRODUCTION <br />Minnesota Statute authorizes the city, specifically the Public Safety Department, to conduct <br />background checks for licensing purposes. <br />BACKGROUND <br />The Minnesota Bureau of Criminal Apprehension (BCA) conducts audits of police departments <br />that access their information base for background checks. A recent audit of the Lino Lakes <br />Public Safety Department procedures and records as they relate to background checks indicates <br />that some language in the City Code should be corrected to concur with state law. <br />The recommended changes to the City Code are as follows: <br />Chapter 611 (Lawful Gambling) and Chapter 615 (Special Events) reference licenses as <br />permits. Statute allows for authorized background checks on applicants for licenses but <br />not for permits. Therefore the proposed amendment simply removes the word "permit" <br />and replaces it with "license". <br />Chapter 612 (Pawnbrokers; Precious Metal Dealers; Second Hand Goods Dealers) <br />states only that a license is required for a pawnbroker but does not state the same for <br />precious metal dealer or second hand goods dealer. In order for the city to do a <br />background for those licenses, the requirement for a license should be stated. The <br />addition of language is the proposed amendment. <br />Chapter 601 (Background Checks) establishes the city's requirement for background <br />checks. This chapter currently includes sections regarding access to data and informed <br />consent. The BCA has suggested that these sections are no longer valid since the <br />process for consent and access are now included in state law. The amendment removes <br />obsolete language. <br />These changes are basically technical and not substantive changes to the City Code that will <br />allow the Public Safety Department continued access to needed information. The council <br />approved the First Reading of the ordinance on May 23, 2016. <br />
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