[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
by Art. V, § 1, Para. 49, of the General Bylaws. Amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 184.
If requested by the licensing authority, the Police Department
may conduct state and federal fingerprint-based criminal history checks
for individuals applying for the following licenses: hawking and peddling
or other door-to-door salespeople, pawn dealers, and hackney drivers.
An applicant seeking such a license shall submit, at the request
of the licensing authority, fingerprints taken by the Police Department
along with a fee to be determined by the Chief of Police.
Upon receipt of the fingerprints and the appropriate fee, the
Police Department will transmit the fingerprints to the State Police
Identification Unit through the Department of Criminal Justice Information
Services (DCJIS), formerly the Criminal History System Board (CHSB).
In rendering a fitness determination, the licensing authority,
with the advice of the Police Department, shall decide whether the
applicant has been convicted of, or is under pending indictment for,
a crime which bears upon his/her ability or fitness to receive the
license being applied for, any felony or a misdemeanor which involved
force or threat of force, controlled substances, or was a sex-related
offense.
The applicant 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 contact CHSB
for a state record or the FBI for records from other jurisdictions
maintained in its file.
The Police Department shall establish, by rule or regulation,
a civilian fingerprinting system for the purpose of conducting state
and national criminal history records checks of persons applying for
licensures within the Town as required pursuant to this Civil Fingerprinting
Persons Bylaw.
The fee charged to the applicant by the Police Department for
the purpose of enforcing this bylaw shall be determined by the Chief
of Police pursuant to MGL c. 40, § 22F. A portion of the
fee, as specified in MGL c. 6, § 172B 1/2, shall be
deposited into the Firearms Fingerprint Identity Verification Trust
Fund, and the remainder of the fee may be retained by the Police Department
for costs associated with the administration of the fingerprinting
system.
The licensing authority is hereby authorized to deny any application
for, or to revoke or suspend any license or permit, including renewals
and transfers thereof, for any person whom the licensing authority
reasonably determines is unfit to receive the license, due to information
obtained pursuant to this bylaw.
This Civil Fingerprinting Persons Bylaw shall take effect on
May 4, 2012.
