[HISTORY: Adopted by the Annual Town Meeting 5-18-2021 by Art. 32. Amendments noted
where applicable.]
In order to protect the health, safety, and welfare of the inhabitants of the Town of Southwick (the Town), and as authorized by Chapter 6, Section 172B 1/2 of the Massachusetts General Laws, this Chapter 63 shall require (a) applicants for a license for an occupation listed in Section 2 below[1] to submit to fingerprinting by the Southwick Police Department
(the Police Department), (b) the Police Department to arrange for
the conduct of fingerprint-based criminal record background checks,
and (c) the Town to consider the results of such background checks
in determining whether or not to grant such a license.
The Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successor entities, as may be applicable, are hereby authorized to conduct on behalf of the Town and the Police Department fingerprint-based state and national criminal history records checks, including of FBI records, consistent with this Chapter 63. The Town authorizes its Police Department to receive and utilize records of the Massachusetts State Police, the DCJIS, and the FBI in connection with such criminal history records checks, consistent with this Chapter 63. The Town shall not disseminate criminal history record information received from the Massachusetts State Police, the DCJIS and the FBI to unauthorized persons or entities.
Any applicant for a license to engage in any of the following
occupational activities within the Town shall have a full set of fingerprints
taken by the Police Department, within seven days of the date of the
application for such license, for the purpose of conducting a state
and national fingerprint-based criminal history records check to determine
the suitability of the applicant for the license:
A.
Manager of Alcoholic Beverage License Holder.
B.
Registered Marijuana Dispensary (RMD) Licensee.
C.
RMD Executives, Directors and Managers.
D.
Hawkers, Peddlers, Solicitors and Canvassers.
E.
Ice Cream Truck Vendor.
F.
Junk Dealers.
G.
Dealers in Junk, Second-Hand Articles and Antiques.
H.
Pawn Dealers.
I.
Hackney Drivers.
At the time of fingerprinting, the Police Department shall notify
each individual who is fingerprinted that his or her fingerprints
will be used to check such individual's FBI and state criminal history
records.
The Police Department will forward the full set of fingerprints
obtained pursuant to Section 2[1] of this Chapter 63 either electronically or manually to the State Identification Section of the Massachusetts State Police, the DCJIS and/or the FBI (or their successors) as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in said Section 2.
The Police Department will provide the applicant with a copy
of the results of his or her fingerprint-based state and national
criminal history records check and supply the applicant with an opportunity
to challenge the accuracy or completeness of the information contained
in it, including the FBI Identification Record. Any applicant that
wishes 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 (as may be amended from time to
time). In no event shall the Police Department render a suitability
evaluation pursuant to the paragraph below until it has taken the
steps detailed in this paragraph and otherwise complied with any other
procedures required by any Town policy applicable to licensing-related
criminal record background checks.
The Police Department will communicate the results of fingerprint-based
criminal history records check to the Select Board. The Police Department
will in addition render to the Select Board its evaluation of the
applicant's suitability for the proposed occupational activity based
on the results of the criminal records background check and any other
relevant information known to it. In rendering its evaluation, the
Police Department shall consider all applicable laws, regulations
and Town policies bearing on an applicant's suitability and shall
indicate whether the applicant has been convicted of, or is under
pending indictment for, a crime that bears upon his or her suitability
for the proposed occupational activity, or any felony or misdemeanor
that involved force or threat of force, controlled substances, or
a sex-related offense.
The Select Board may utilize the results of any fingerprint-based criminal records background check performed pursuant to Sections 2 and 3 of this Chapter 63[1] for the sole purpose of determining the applicant's suitability
for the proposed occupational activity. The Select Board may deny
an application for any license specified herein, including renewals
and transfers thereof, if it determines that the results of the fingerprint-based
criminal records background check render the applicant unsuitable
for the proposed occupational activity. The Select Board shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
No application shall be denied on the basis of information contained
in a criminal record until the applicant has been afforded a reasonable
time, as determined by the Select Board, to correct or complete the
information, or, after being afforded the opportunity has declined
to do so
The Police Department, subject to the approval of the Select
Board, shall develop and maintain written policies and procedures
for its licensing-related criminal record background check system.
