[HISTORY: Adopted by the Annual Town Meeting of the Town
of Westwood 5-7-2012 by Art. 39. Amendments noted where applicable.]
A.
In order to protect the health, safety, and welfare of the inhabitants
of the Town of Westwood, and as authorized by MGL c. 6, § 172B1/2,
this by law shall require:
(1)
Applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town as enumerated in § 339-2 below to submit to fingerprinting by the Westwood 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 behalf of the Town and its Police Department fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this bylaw. The Town authorizes the Police
Department to receive and utilize FBI records in connection with such
background checks, consistent with this bylaw.
A.
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 Westwood 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 suitability
of the applicant for the license:
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Manager of alcoholic beverage license
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Hawker and peddler
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Door-to-door salesperson
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Owner or operator of public conveyance (taxi or livery service)
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Dealer of second hand articles
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Ice cream truck vendor
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B.
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.
A.
The Police Department shall transmit fingerprints it has obtained pursuant to § 339-2 of this bylaw 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 checks of license applicants specified in § 339-2.
B.
An applicant may request and receive a copy of his or her criminal
history records from the Police Department. Should an applicant wish
to correct or amend the information contained in it, he or she will
be directed to the DCJIS for state records and the FBI for national
records.
C.
The Police Department shall determine whether the applicant is suitable
after completing fingerprint-based criminal record background checks
and communicate their determination of suitability to the licensing
authority within the Town.
[Amended 11-18-2013 ATM
by Art. 18]
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history 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 § 339-2. A Town licensing authority may deny any application for a license on the basis of the results of the 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 the 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 bylaw 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, which shall
include record retention and confidentiality requirements. The Town
shall not disseminate the results of fingerprint-based criminal record
background checks except as may be provided by law, regulation, and
Town policy. The Town shall not disseminate criminal record information
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, § 172B1/2,
shall be deposited into the Firearms Fingerprint identity Verification
Fund, and the remainder of the fee may be retained by the Town for
costs associated with the administration of the fingerprinting system.
