[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-2014 by Art. 37, approved 4-29-2014. Amendments noted where applicable.]
In order to protect the health, safety, and welfare of the inhabitants of the Town of Yarmouth, as authorized by Chapter 6, Section 172B 1/2, of the Massachusetts General Laws as enacted by Chapter 256 of the Acts of 2010, this chapter shall require that:
Applicants for certain Town licenses to engage in specified occupational activities within the Town as enumerated in § 93-2 below submit to fingerprinting by the Yarmouth Police Department;
The Yarmouth Police Department conduct criminal history record checks based on such fingerprints pursuant to Section 172B 1/2 of Chapter 6 of the Massachusetts General Laws and 28 U.S.C. § 534; and
The Town shall consider the results of such background checks in determining whether or not to grant a license.
Under this chapter fingerprints shall be submitted to the Identification unit within the department of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), or its successor, for a state criminal history records check and to the Federal Bureau of Investigation (FBI), or its successor, for a national criminal history records check, as may be applicable and consistent with this chapter. The Town authorizes the licensing authority and the Yarmouth Police Department to receive and utilize these state and FBI records in connection with such background checks, consistent with this chapter.
Any applicant for a license to engage in any of the following occupational activities within the Town shall submit, within 10 days of application, a full set of fingerprints taken by the Yarmouth Police Department for the purpose of conducting a state and national criminal history record check to determine the suitability of the applicant for said license:
At the time of fingerprinting, the Yarmouth Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's state and FBI criminal history records.
Upon receipt of the fingerprints and payment of the applicable fee, the Police Department shall transmit the fingerprints obtained pursuant to this chapter to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI or their successors as may be necessary for the purpose of conducting the fingerprint-based state and national criminal history records checks of license applicants specified in § 93-2.
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 chapter. The Town authorizes the Yarmouth Police Department to receive and utilize state and FBI records in connection with such background checks, consistent with this chapter. The state and FBI criminal history will not be disseminated to unauthorized entities.
The Police Department shall provide the applicant with a copy of the results of his or her fingerprint-based criminal history record check and provide the applicant an opportunity to complete or challenge the accuracy of the information contained therein, including in the FBI identification record. The Police Department shall also supply applicants with information regarding the procedures for obtaining a change, correction, or updating of a criminal record, including a copy of 28 CFR Part 16.34 pertaining to FBI identification records.
The Police Department shall not communicate the fingerprint-based criminal history record check to the applicable licensing authority pursuant to the following subsection until it has complied with the preceding subsection and otherwise complied with the Town's policy applicable to Town licensing-related criminal history record checks.
The Police Department shall communicate the results of fingerprint-based criminal history record checks to the applicable licensing authority within the Town. 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.
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.
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history record checks for the sole purpose of determining the suitability of the applicant for the proposed occupational activity which is the subject of the license applications specified in § 93-2. 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. The licensing authority shall not deny a license based on information in a criminal record unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
Implementation of this chapter and the conducting of fingerprint-based criminal record background checks by the Town shall be in accordance with all applicable laws, regulations, and Town policies, including, but not limited to, the Town's policy applicable to licensing-related criminal record background checks which shall include record retention and confidentiality requirements. The Town shall not disseminate the results of fingerprint-based criminal background checks except as may be provided by law, regulation, and Town policy. The Town shall not disseminate criminal record information received from the FBI to unauthorized persons or entities.
The fee charged by the Police Department for conducting fingerprint-based criminal record background checks shall be $100 per person fingerprinted. A portion of the fee, as specified in MGL c. 6, § 172B 1/2, shall be deposited into the Firearms Fingerprint Agency Account, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system.
The provisions of this chapter are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.
Any bylaws in conflict herewith are hereby repealed to the extent of such conflict.