[Ord. No. 1191, § I, 8-8-2017; Ord. No. 1204, § I, 6-12-2018]
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Applicants for the permits and licenses list below shall submit
a full set of fingerprints to the Chief of Police for the purpose
of conducting a state and national criminal history records check
pursuant to 28 U.S.C. § 534 and MGL 6, § 172B1/2.
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Federal Bureau of lnvestigation (FBI) records may be used for
screening applicants. Fingerprints shall be submitted to the Identification
Unit within the Department of the Massachusetts State Police, the
Massachusetts Department of Criminal Justice Information Services
(DCJIS), or its successor, for a state criminal history records check
and to the FBI, or its successor, for a national criminal history
records check, as may be applicable and consistent with this chapter.
The Licensing Board, City Clerk and Police Department are authorized
to receive and utilize these state and FBI records in connection with
such background checks, consistent with this section.
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Any applicant for a license to engage in any of the following
occupational activities within the Town shall submit, within 10 days
of application, a full set of fingerprints taken by the Police Department
for the purpose of conducting a state and national criminal history
record check to determine the suitability of the applicant for said
license:
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Fortune tellers
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Hawkers and peddlers
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Ice cream vendors
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License to peddle (commonwealth)
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Pawnbrokers and secondhand dealers
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Solicitors
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At the time of fingerprinting, the Police Department shall notify
the individual fingerprinted that the fingerprints will be used to
check the individual's state and FBI criminal history records.
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The Police Department shall provide the applicant with a copy
of the results of his or her fingerprint-based criminal history record
check and provide the applicant an opportunity to complete or challenge
the accuracy of the information contained therein, 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.
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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 policies, including, but
not limited to, the City's policy applicable to licensing-related
criminal record background checks which shall include record retention
and confidentiality requirements. The City shall not disseminate the
results of fingerprint-based criminal background checks except as
may be provided by law, regulation, and City policy. The City shall
not disseminate criminal record information received from the FBI
to unauthorized persons or entities.
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[Ord. No. 255, § 2; Ord. No. 340, § 1]
Subject to the limitations and restrictions contained in the following four sections, the powers vested in the City Council to renew licenses or permits authorized to be renewed under the provisions of Chapter 140 of the General Laws, or of any other general or special law, or of any ordinance, are hereby delegated to the City Clerk. The power herein delegated shall include the power to grant, to a holder of a license for the operation of a motor vehicle as a taxicab under Chapter 21, licenses for the operation as taxicabs of vehicles not previously so licensed but which comply with the provisions of Chapter 21 and the limitations contained in the following section shall not apply to such taxicab licenses.
[Ord. No. 255, § 2]
No license or permit referred to in § 11-1 shall be renewed by the City Clerk unless application for renewal is made on or before the 15th day following its expiration and unless such license or permit is in force and effect at its expiration. Any application for renewal of such a license or permit made after the 15th day following its expiration shall not be acted upon by the City Clerk but shall be referred by him to the City Council for action.
[Ord. No. 255, § 2]
The City Council may order the City Clerk to refer to it any application for renewal of any license or permit referred to in § 11-1, and the City Clerk shall so refer any such application without otherwise acting upon it. The City Clerk, in his discretion, may refer any such application to the City Council without otherwise acting upon it.
[Ord. No. 255, § 2]
Whenever an application for renewal of a license or permit referred to in § 11-3 shall be referred to the City Council, whether upon its own order or upon the initiative of the City Clerk, the City Council shall determine whether or not the license or permit applied for shall be granted, and shall pass a vote directing the City Clerk to grant and issue or refuse such license or permit.
[Ord. No. 255, § 2]
Nothing contained in §§ 11-1 to 11-4 shall abridge any authority given by law or ordinance to the City Council to suspend, revoke or modify any license or permit granted by it and the city council may, in accordance with such authority, suspend, revoke or modify any license or permit renewed by the city clerk under authority of section 11-1.
