[HISTORY: Adopted by the Annual Town Meeting of the Town
of Blackstone 5-27-2014 by Art. 16. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing procedures — See Ch. 92.
A.
In order to protect the health, safety, and welfare of the inhabitants
of the Town of Blackstone, and as authorized by Chapter 6, § 172B
1/2, of the Massachusetts General Laws, as enacted by Chapter 256
of the Acts of 2010, this chapter shall require:
(1)
Applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town as enumerated in § 93-2 below to submit to fingerprinting by the Blackstone Police Department;
(2)
The Police Department to conduct criminal record background checks
based on such fingerprints; and
(3)
The Town to consider the results of such background checks in determining
whether or not to grant a license.
B.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the
Federal Bureau of Investigation (FBI), as may be applicable, to conduct
on the behalf of the Town and its Police Department fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this chapter. The Town authorizes the
Police Department to receive and utilize 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 a full set of
fingerprints taken by the Blackstone Police Department within 10 days
of the date of the application for a license for the purpose of conducting
a state and national criminal record background check to determine
the suitability of the applicant for the license: manager of alcoholic
beverage license, hawker and peddler, owner or operator of public
conveyance, dealer of secondhand articles, ice cream truck vendor.
At the time of fingerprinting, the Police Department shall notify
the individual fingerprinted that the fingerprints will be used to
check the individual's FBI criminal history records.
The Police Department shall transmit fingerprints it has obtained pursuant to § 93-2 of this chapter to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI as may be necessary for the purpose of conducting fingerprint-based state and national criminal record background checks of license applicants specified in § 93-2. The Police Department shall provide the applicant with a copy of the results of his or her fingerprint-based criminal record background check and supply the applicant the opportunity to complete or challenge the accuracy of the information contained in it, 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 utilize the fingerprint-based criminal record background check pursuant to § 93-4 until it has taken the steps detailed in this section and otherwise complied with the Town's policy applicable to Town licensing-related criminal record background checks. The Police Department shall communicate the results of fingerprint-based criminal record background 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 as a licensee, or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense.
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 § 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 Police Department's policies and regulations
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 the purpose of
conducting fingerprint-based criminal record background checks shall
be $100. 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 Town
for costs associated with the administration of the fingerprinting
system.
