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HomeMy WebLinkAbout2016-003 Council Ordinances1" Reading: May 23, 2016 Publication: June 21 , 201 6 2"d Reading: June 13 , 2016 Effective: July 21 , 2016 CITY OF LINO LAKES ORDINANCE NO. 03-16 AMENDING TITLE 600 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO BUSINESS AND ACTIVITY LICENSES The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Chapter 611 (relating to Lawful Gambling) and Chapter 615 (relating to Special Events) of the Lino Lakes Code of Ordinances be amended as follows: That wherever the word "permit" appears within the above-mentioned Chapters, the language be amended to read "license". Section 2. That Chapter 612, Section 612.03 relating to Pawnbrokers; Precious Metal Dealers; Second Hand Goods Dealers be amended to read as follows: 612.03 LICENSE REQUIRED. No person shall engage in the business of pawnbroker, precious metal dealer or second hand goods dealer at any location without a pawnbreler-license for that location. No pawnbroker, precious metal dealer or second hand goods dealer license may be transferred to a different location or a different person. Issuance of a license under this chapter shall not relieve the licensee from obtaining any other licenses required to conduct business at the same or any other locations. Section 3. That Chapter 601 of the Lino Lakes Code of Ordinances be amended to read as follows: 601.05 BACKGROUND CHECKS. (1) Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's computerized criminal history information for specified non -criminal purposes of licensing background checks. (2) Criminal history license background investigations. The Lino Lakes Police 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: (a) Liquor; (b) Tobacco; (c) Cabaret; (d) Lawful gambling; (e) Special event; (f) Peddler, solicitor, transient merchant; (g) Taxicab; (h) Pawnbroker, precious metal dealers, secondhand good dealers; and (i) Adult uses (sexually -oriented businesses). (53) Criteria for rejection. 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) That all competent evidence of rehabilitation will be considered upon reapplication. Adopted by the Lino Lakes City Council this 13 day of June , 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member Kusterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Rafferty, Maher, - anthey, Reinert The following voted against same: none ATTEST: Juli. e Bartell, Cit Cler- CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: June 13, 2016 TOPIC: Ordinance Amendments to City Code regarding Background Checks VOTE REQUIRED: 3/5 INTRODUCTION Minnesota Statute authorizes the city, specifically the Public Safety Department, to conduct background checks for licensing purposes. BACKGROUND The Minnesota Bureau of Criminal Apprehension (BCA) conducts audits of police departments that access their information base for background checks. A recent audit of the Lino Lakes Public Safety Department procedures and records as they relate to background checks indicates that some language in the City Code should be corrected to concur with state law. The recommended changes to the City Code are as follows: Chapter 611 (Lawful Gambling) and Chapter 615 (Special Events) reference licenses as permits. Statute allows for authorized background checks on applicants for licenses but not for permits. Therefore the proposed amendment simply removes the word "permit" and replaces it with "license". Chapter 612 (Pawnbrokers; Precious Metal Dealers; Second Hand Goods Dealers) states only that a license is required for a pawnbroker but does not state the same for precious metal dealer or second hand goods dealer. In order for the city to do a background for those licenses, the requirement for a license should be stated. The addition of language is the proposed amendment. Chapter 601 (Background Checks) establishes the city's requirement for background checks. This chapter currently includes sections regarding access to data and informed consent. The BCA has suggested that these sections are no longer valid since the process for consent and access are now included in state law. The amendment removes obsolete language. These changes are basically technical and not substantive changes to the City Code that will allow the Public Safety Department continued access to needed information. The council approved the First Reading of the ordinance on May 23, 2016. RECOMMENDATION Approve the Second Reading and Adoption of Ordinance No. 03-16, Amending Title 600, Chapters 601, 611, 612 and 615 of the Lino Lakes Code of Ordinances Relating to Business and Activity Licenses. ATTACHMENTS Ordinance No. 03-16