[HISTORY: Adopted by the Town Meeting 5-13-2013 ATM, Art. 10. Amendments noted
where applicable.]
A.
The Police Department shall, as authorized by MGL c. 6, § 172
B 1/2, Laws conduct State and Federal Fingerprint Based Criminal History
checks for individuals applying for the following licenses:
(1)
Hawking and Peddling or other Door-to-Door Salespeople (Licensing
Authority; Board of Selectmen).
(2)
Manager of Alcoholic Beverage License (Licensing Authority; Board
of Selectmen).
(3)
Owner or Operator of Public Conveyance (Licensing Authority; Board
of Selectmen).
(4)
Dealer of Second-hand Articles (Licensing Authority; Board of Selectmen).
(5)
Pawn Dealers (Licensing Authority; Board of Selectmen).
(6)
Hackney Drivers (Licensing Authority; Board of Selectmen).
(7)
Ice Cream Truck Vendors (Licensing Authority; Board of Selectmen).
B.
At the time of fingerprinting, the Police Department shall notify
the individual fingerprinted that the fingerprints will be used to
check the individual's criminal history records. The Police Chief
shall periodically check with the Executive Office of Public Safety
and Security ("EOPSS") which has issued an Informational Bulletin
which explains the requirements for town bylaws and the procedures
for obtaining criminal history information, to see if there have been
any updates to be sure the Town remains in compliance.
C.
Upon receipt of the fingerprints and the appropriate fee, the Police
Department shall transmit the fingerprints it has obtained pursuant
to this bylaw to the Identification Section of the Massachusetts State
Police, the Massachusetts Department of Criminal Justice Information
Services (DCJIS), and/or the Federal Bureau of Investigation (FBI)
or the successors of such agencies as may be necessary for the purpose
of conducting fingerprint-based state and national criminal records
background checks of license applicants specified in this bylaw.
D.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the
Federal Bureau of Investigation (FBI), and their successors, as may
be applicable, to conduct fingerprint-based state and national criminal
record background checks, including FBI records, consistent with this
bylaw. The Town authorizes the Police Department to receive and utilize
State and FBI records in connection with such background checks, consistent
with this bylaw. The State and FBI criminal history will not be disseminated
to unauthorized entities.
E.
Upon receipt of a report from the FBI or other appropriate criminal
justice agency, a record subject may request and receive a copy of
his/her criminal history record from the Police Department. Should
the record subject seek to amend or correct his/her record, he/she
must take appropriate action to correct said record, which action
currently includes contacting the Massachusetts Department of Criminal
Justice Information Services (DCJIS) for a state record or the FBI
for records from other jurisdictions maintained in its file. An applicant
that wants to challenge the accuracy or completeness of the record
shall be advised that the procedures to change, correct, or update
the record are set forth in Title 28 CFR 16.34. The Police Department
shall not utilize and/or transmit the results of the fingerprint-based
criminal record background check to any licensing authority pursuant
to this bylaw until it has taken the steps detailed in this paragraph.
Municipal officials should not deny an applicant the license based
on information in the record until the applicant has been afforded
a reasonable time to correct or complete the information, or has declined
to do so.
F.
The Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town as listed. The Police Department
shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon his or her
suitability or any felony or misdemeanor that involved force or threat
of force, controlled substances or a sex-related offense.
G.
The Board of Selectmen is authorized to promulgate regulations for
the implementation of the proposed bylaw, but in doing so it is recommended
that they consult with the Chief of Police, Town Counsel and the Massachusetts
Executive Office of Public Safety and Security (or its successor agency)
to ensure that such regulations are consistent with the statute, the
FBI's requirements for access to the national database, and other
applicable state laws.
A.
Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal record background checks for the sole purpose of determining
the suitability of the subjects of the checks in connection with the
license applications specified in this bylaw. A Town licensing authority
may deny an application for a license on the basis of the results
of a fingerprint-based criminal record background check if it determines
that the results of the check render the subject unsuitable for the
proposed occupational activity. The licensing authority shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
B.
The Town or any of its officers, departments, boards, committees
or other licensing authorities is hereby authorized to deny any application,
including renewals and transfers thereof, for any person who is determined
unfit for the license, as determined by the licensing authority, due
to information obtained pursuant to this bylaw.
A.
The fee charged by the Police Department for the purpose of conducting
fingerprint-based criminal record background checks shall be one hundred
dollars ($100). The Town Treasurer shall periodically consult with
Town Counsel and the Department of Revenue, Division of Local Services
regarding the proper municipal accounting of those fees.
B.
A portion of the fee, as specified in MGL c. 6, § 172 B
1/2, shall be deposited into the Firearms Fingerprint Identity Verification
Trust Fund, and the remainder of the fee may be retained by the Town
to be expended by the Police Department to help offset costs associated
with the administration of the fingerprinting system, subject to Town
Meeting appropriation or deposited in a revolving account if and when
one is established for that purpose.
This bylaw shall take effect upon approval by the Attorney General,
so long as the requirements of MGL c. 40, § 32, are satisfied.
