§ 1005.11. Procedure for issuance of licenses.

Subdivision 1. Application. Persons who are required to obtain a license under the provisions of this code shall submit a application for a license to the Clerk, unless otherwise provided in this code. Unless otherwise specified, application shall be made on the forms provided by the Clerk. The forms used for license application shall be approved by the manager. The application form shall be completed in writing and signed by the applicant. Additional requirements are contained in this chapter and chapter XI.

Subd. 1a. Background investigation. The purpose and intent of this subdivision is to establish regulations that will allow law enforcement access to the State Computerized Criminal History Database for specified licensing background checks. (Added, Bill No. 2011-6)

(a)

The Public Safety Department is required, as the exclusive entity within the City, to perform a criminal history background investigation for the following licenses within the City, issued pursuant to the chapters of this code as identified below:

License Type	Code Chapter
Liquor establishment	1202
Liquor server	1208
Taxicab	1170
Taxi driver	1175
Itinerant activity	1181
Secondhand goods dealer	1186
Pawnbroker	1187
Massage therapy enterprise	1188
Massage therapist	1188
Adult establishment	1196
Tattoo, body piercing, body branding or body painting	630

 

(b)

In conducting criminal history background investigations under this subdivision, the Public Safety Department is authorized to access data maintained in the State Bureau of Criminal Apprehension (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired must be maintained within the Department under the care and custody of the Public Safety Director, or his or her designee. A summary of the results of the computerized criminal history data may be released by the Public Safety Department to the licensing authority, including the City Council, the City Manager, or other City staff involved in the license approval process.

(c)

An applicant must authorize the Public Safety Department by prior written consent to undertake a criminal history background investigation. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collection, maintenance and use of the information.

(d)

Except for the positions set forth in Minnesota Statutes, section 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 will notify the applicant in writing of the following:

1.

The grounds and reasons for the denial.

2.

The applicant complaint and grievance procedure set forth in Minnesota Statutes, section 364.06.

3.

The earliest date the applicant may reapply for the license.

4.

That all competent evidence of rehabilitation will be considered upon reapplication.

Subd. 2. License fees. The application form shall be accompanied by the full amount of the fee chargeable for the license.

Subd. 3. Duration of license. Unless otherwise specified in this code licenses expire on December 31 of the year issued.