[HISTORY: Adopted by the Town of Dennis as indicated in article
histories. Amendments noted where applicable.]
License fees for various occupations and uses are amended from
time to time by Town Meeting vote. The up-to-date fees are on file
in the office of the Town Clerk.
[Adopted 5-3-2016 ATM,
Art. 27]
A.
This bylaw authorizes the Police Department to conduct state and
national fingerprint-based criminal history checks for individuals
applying for specific licenses in Town to enhance public safety, as
authorized by Massachusetts General Laws Chapter 6, Section 172B1/2.
To carry out the criminal history checks authorized by this bylaw,
the Police Department shall be authorized to use state and Federal
Bureau of Investigation ("FBI") records; provided, however, that such
records shall not be disseminated to unauthorized entities and shall
be maintained and disclosed in accordance with all applicable law.
B.
The bylaw further authorizes the Select Board, in consultation with
the Chief of Police, to promulgate regulations to implement this bylaw,
which may include, but shall not be limited to, establishment of submission
deadlines, procedures for making recommendations to the licensing
authority or making a licensing determination as a result of the criminal
history check, procedures for assessing, correcting or amending any
such record, criteria for fitness determinations, security of information
obtained and penalties for failure to comply with this bylaw.
[Amended 10-3-2020 STM by Art. 12]
A.
The Police Department shall, as authorized by Massachusetts General
Laws Chapter 6, Section 172B1/2, conduct state and federal fingerprint-based
criminal history checks for individuals and entities for the following
licenses:
B.
At the time of fingerprinting, the Police Department shall notify
the individual being fingerprinted that the fingerprints will be used
to check the individual's criminal history records and obtain the
individual's consent. After the applicant completes a consent form,
provides his/her 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 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 for the license
applicants specified in this bylaw.
C.
The Town authorizes the Massachusetts State Police, the DCIS and
the FBI and their successors, as may be applicable, to conduct fingerprint-based
state and national criminal record background checks, including of
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 and its implementing
regulations. In accordance with its implementing regulations, the
Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town.
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 licensed activity. The licensing authority shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
B.
Licensing authorities of the Town are hereby authorized to deny an
application for any license specified herein and in the implementing
regulations, including renewals and transfers of said licenses, from
any person who is determined unfit for the license due to information
obtained pursuant to this bylaw. Factors that shall be considered
in making a determination of fitness shall include, but not be limited
to, whether the record subject has been convicted of, or is under
pending indictment for a crime that bears upon the subject's ability
or fitness to serve in that capacity, including any felony or a misdemeanor
that involved force or threat of force, possession of a controlled
substance, or sex-related offense.
The fee charged by the Police Department for the purpose of
conducting fingerprint-based criminal record background checks shall
be $100 for each fingerprinting and criminal history check. A portion
of the fee, as specified in Massachusetts General Laws Chapter 6,
Section 172B1/2, shall be deposited into the Firearms Fingerprint
Identity Verification Trust Fund, and the remainder of the fee may
be retained by the Town for costs associated with the administration
of the fingerprinting system.
This bylaw shall take effect after compliance with Massachusetts General Laws Chapter 40, Section 32 have been met.
