13-08SUMMARY OF ORDINANCE NO.: 2013-08
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS
FOR CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
SeGtionl, Chapter 2-4-2.A.3 of the City Code is hereby amended to change the
fees for Peddlers, Solicitors, Transient Merchant licenses to $100.00/applicant.
section 2. Chapter 2 of the City Code is hereby amended to add the following
provisions:
SECTION
CRIMINAL BACKGROUND INVESTIGATIONS
Section B.
2-8-1:
Purpose
2-8-2:
Applicants for City Employment
2-8-3:
Applicants for -City Appointment and City Volunteers
2s-4:
Applicants for City License
2--5:
Process
2--6:
Denial
Sectw1on 3, Section 7-10-2.0 of the City Code is hereby amended to require
submission of an application for a Peddler, Solicitor, Transient Merchant License thirty
(30)days prior to the date business will first be conducted and require completion of a
consent for to conduct a criminal background history investigation.
Section 4. Section 7-10-2.E of the City Code regarding the processing of
applications for Peddler, Solicitor, Transient Merchant Licenses is hereby amended
allover for the completion of a criminal background history investigation.
Sect'lon 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION Y: Heldner
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp, He finer, Schroeder, Darkenwald,11 are it e
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2013.
CITY of OTS GO
Y: Jessica L. Stour, Mayor
ATTEST: Tar i Loff, City Clerk
Pursuant to Minnesota Statutes 412.191, Su . 4 and 331A.01, Surd. o, this
Ordinance is published in summary form, Complete copies of the ordinance are
`
available for inspection by contactingthe Zoning Administrator/City Clerk, Otsego City
Hall, 8899 [Nashua Avenue, Otsego, Minnesota 55330 during regular office hours.
2
ORDINANCE NO.: 2013,-08
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS
FOR CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY of OTS Go DOES HEREBY ORDAIN:
Se f{ n I., Chapter 2-4-2.A.3 of the City Code is hereby amended to read as
follows -2
3. Peddlers, Solicitors, Transient Merchants: $1 00.00/applicant
Section 2, Chapter 2 of the City Code is hereby amended to add the following
provisions:
SECTION
CRIMINAL INAL CKG o II INVESTIGATIONS
Section:
2-8-1:
Purpose
2-8-2:
Applicants for City Employment
2-8-3:
Applicants for City Appointment and City Volunteers
2-8-4:
Applicants for City License
2~~0
Process
2-8-6-M,
Denial
2-8-1: PURPOSE: The purpose and intent of this section is to establish
regulations that will alloy raver enforcement access to Minnesota's Computerized
Criminal History information for specified non -criminal purposes of employment
background investigations for the positions described in this Section and licensing
background checks.
I
2-8-2m APPLICANTS FOR CITY M LOY T* The City shall request the
Minnesota Bureau of criminal Apprehensions (BCA) to do a criminal history background
investigation, including criminal data authorized under the Chid Protection Background
Check Act (State Statute. 2990.61 and 2, on the applicants for all full and part-time
employment positions with the city, unless the city council concludes that a
background investigation is not needed.
2-8-3: - APPLICANTS FOR CITY APPOINTMENTS TMENTS AND CITY VOLUNTEERS:
The city shall request the BCA to do a criminal history background investigation,
including criminal data authorized under the Child Protection Background check Act
(State Statute 2990.61 and 62), to do a criminal history background investigation on
those applicants the City council deems such investigation to be necessary based upon
anticipated interaction with children, seniors or other vulnerable persons,
2-8-4: APPLICANTS FOR CITY LICENSES: S* The City shall request the BCA
and/or Wright county Sheriff's office, as may be applicable to the requirements for a
specific license, to do a criminal history background investigation on the applicants for
the following licenses within the City:
A. Criminal History Background investigation:
3.2 Percent Dalt Liquor.
2. Intoxicating Liquors.
3, Sunday Liquor.
Lawful Gambling.
5, Pawn and Second Hand Goods Business,
B. Criminal History Background Investigation including criminal data authorized
under the child Protection Background Check Act (State Statute 2990.61 and
62:
I. Peddlers, Solicitors and Transient Merchants.
2-8-51.1 PROCESS.
A. The applicant rust authorize the BCA or upright County Sheriff's office by written
2
:} consent to the investigation before the investigation is undertaken with such
consent fully compliant with the provisions of Minnesota Statutes Chapter 13
regarding the collection, maintenance and use of the information.
B. In conducting the criminal history background investigation required by this
Section, the applicant shall authorize access to data maintained in BCA
Computerized criminal history information system in accordance with BCA
policy.
C. Any data that is accessed and acquired shall be maintained at the City flail under
the care and custody of the City Administrator or their designee.
D. Any data that is acquired or summary of the results of the computerized Criminal
History information system may be released to the City Council, the city
Administrator, city Attorney or designated Human Resources staff.
2-8-6: DENIAL of APPLICATION: Except for the positions set forth in
Minnesota Statutes Section 364.09, the City will not reject an applicant for employment
on the basis of the applicant's prior conviction unless the crime is directly related to the
position of employment sought and the conviction is for a felony, gross misdemeanor, anor, or
misdemeanor with a jail sentence. If the city rejects the applicant's request on this
basis, the City shall notify the applicant in writing of the following.-
A.
ollowing;
A. The grounds and reasons for the denial.
B. The applicant complaint and grievance procedure set forth in Minnesota Statutes
Section 364.06.
C. The earliest date the applicant may reapply for employment or issuance of a
license.
D. That all competent evidence of rehabilitation will be considered upon
reapplication.
Section 3, Section 7-10-2.c of the City code is hereby amended to read as
follows:
C. City license Application: Application for a license to conduct business as
peddler, solicitor or transient merchant shall be made at least thirty 3 business
days before the applicant desires to begin conducting business within the City.
Application for a license shall be made on a form provided by the City Clerk. All
applications shall be signed by the applicant. Any fraud, misrepresentation, or
false -statement on the application shall constitute a violation of this Section. All
applications shall include the following information:
1. Applicant's full legal name, and any other names used or known by in the
past;
2. All other names under which the applicant conducts business or to which
applicant officially angers;
3. A physical description of the applicant (hair color, eye color, height,. weight,
distinguishing marks and features, etc.);
4. Full address of applicant's permanent residence;
5. Telephone number of applicant's permanent residence;
6* Full legal name of any and all business operation(s) owned, managed, or
operated by applicant, or for which the applicant is an employee or agent;
7. Full address of applicant's regular place of business if any);
R Any and all business related telephone numbers of the applicant;
9. The type of business for which the applicant is applying for a license;
10. The dates during which the applicant intends to conduct business and the
number of days he or she will be conducting business in the city;
11. Any and all address(es) and telephone numbers) where the applicant can
be reached while conducting business within the city, including the location
where a transient merchant intends to set up business;
12. A statement as to whether or not the applicant has been convicted within
the last five years of any felony, gross misdemeanor or misdemeanor,
for violation of any state or federal statute or any local ordinance, other
than traffic offenses;
13. A list of the five 5 most recent locations where the applicant has
conducted business as a peddler or transient merchant;
4. Written permission of the property owner or the property owner's went for
any property to be used by a transient merchant;
4
15, A general description oft the items to be sold or services to he provided;
16. All additional information deemed necessary by the city council;
17. A list of all individuals to be covered by a group license;
18. Source of items sold and the item's location at the time of licensing and
time of sale;
19. license plate and registration information for any vehicle to be used in
conjunction with the licensed business and a description of the vehicle;
20. Applicant's driver's license number or other acceptable form of
identification;
21. Recent passport style photograph of applicant;
22. Applicant's social security number.
23. Proof of any required county license for transient merchant activities (not
applicable to door-to-door solicitations).
k}k
24, Written consent authorizing the City to request a criminal history
background investigation in accordance with Chapter 2, Section 8 of the
City Code.
Section 4, Section 7-10-2.E of the City Code is hereby amended to read as
follows:
E. Procedure:
'C An application shall he determined to be complete only if all required
information is provided. If the City Clerk determines that an application is
incomplete, it shall inform the applicant of the information required to be
provided prior to issuance of a license.
2. The City Clerk shall review the application and order any investigation,
including background investigations, necessary to verify the information
provided with the application.
5
at Applicants for a license under this Section shall be subject to a
criminal history background investigation,as required by Section 2-
8-4 of the city code and processed in accordance with Section 2--
of the city code.
3. The city Clerk shall either approve or deny the license within thirty(30)
business days after receipt of a complete application.
4. If the application is denied, the applicant shall he notified in writing of the
decision, the reason for the denial (including the provisions of Section 2-8-
6 of the city code), and the applicant's right to appeal the denial by
requesting, within seven 7 days of the date of the denial a hearing
pursuant to Minnesota Statutes 14.57 to 14,69 to be heard by the city
Council within thirty 3 days of the date of the request. The final decision
of the city council following the ` n. hearing shall be appealed by
petitioning the Minnesota court of Appeals for a writ of certiorari.
, Se Ion 5. This ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: S oc a p, Heidner, Schroeder, Darkenwald, Warehime
THOSE OPPOSED: None
ADOPTED by the city council of the City of Otsego this 25th day of
February, 2013,
ATTEST: - 4\�
Tari Lo , cit,' Clerk
� 6
CITY of OTSEGO
By:( -)t
e ca L. Stockarnp, May