§ 5.04.110. Civil fingerprinting.

Chapter 256 of the Acts of 2010 and incorporated into the Massachusetts General Laws as Chapter 6 Section 172B½, has authorized the city to create the following ordinance enabling the police department to conduct state and federal fingerprint based criminal history checks for individuals applying for or in possession of certain licenses including those engaged in the business of hawking and peddling or other door-to-door salespeople, pawn dealers, secondhand dealers, hackney drivers, and ice cream vendors.

A.

The police department may conduct state and federal fingerprint based criminal history checks for individuals applying for or in possession of certain licenses including those engaged in the business of hawking and peddling or other door-to-door salespeople, pawn dealers, secondhand dealers, hackney drivers, and ice cream vendors.

B.

An applicant seeking to engage in the above employment shall submit, if required by the licensing authority, fingerprints taken by the police department along with a fee of one hundred dollars.

C.

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 criminal file and then submit the fingerprints to the Federal Bureau of Investigation (FBI) for a comparison with national records. The result of the FBI check will be returned to the State Police, which will then disseminate the state and national results back to the police department.

D.

In rendering a fitness determination, the police department will decide whether the record subject has been convicted of (or is pending indictment for) a crime, which bears upon his or her ability or fitness to serve in that capacity, any felony or a misdemeanor, which involved force or threat of force, controlled substances, or was a sex-related offense.

E.

The police department shall establish, by policy and procedure consistent with DCJIS, the procedure for conducting state and national criminal history records checks of persons applying for certain licenses within the city. Any person applying for a license for the following activities within the city is required to submit with the application, a full set of fingerprints taken by the police department within six months prior to the date of application:

1.

Hawking and peddling or other door-to-door salespeople.

2.

Pawn dealers.

3.

Secondhand dealers.

4.

Hackney drivers.

5.

Ice cream vendors.

F.

A person applying for a license and who is required to submit a full set of fingerprints to the licensing authority pursuant to this chapter, may request and receive a copy of his or her criminal history records from the police department. Should the license applicant seek to amend or correct his or her record, he or she must contact the DCJIS, or its successor, for a state record of the FBI for records from other jurisdictions maintained in its file.

G.

The fee charged to the applicant by the police department for the purpose of enforcing this section shall be one hundred dollars for each application. A portion of the fee, thirty dollars, as specified in Chapter 6 Section 172B½ of the Massachusetts General Laws, 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.

H.

The city or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, or to revoke, or to suspend any license or permit, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to the information obtained pursuant to this section.

(C.O. 12-006, § 1, 6-4-2012; C.O. 13-190, §§ 1—7, 9-16-2013)