[Adopted 10-1-2012 OTM by Art. 17, approved 10-12-2012]
The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals applying for the following licenses:
A. 
Hawking and peddling or other door-to-door salespeople.
B. 
Manager of alcoholic beverage license.
C. 
Owner or operator of public conveyance.
D. 
Dealer of secondhand articles.
E. 
Pawn dealers.
F. 
Hackney and livery drivers.
G. 
Ice cream truck vendors.
H. 
Registered marijuana dispensary licensee.
[Added 10-6-2014 OTM by Art. 15, approved 1-20-2015]
I. 
Registered marijuana dispensary license executives, as defined by 105 CMR 725.000.
[Added 10-6-2014 OTM by Art. 15, approved 1-20-2015]
J. 
Class Two automobile licenses.
[Added 6-1-2015 ATM by Art. 25, approved 8-2-2015]
At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security ("EOPSS") which has issued an Informational Bulletin which explains the requirements for Town by-laws and the procedures for obtaining criminal history information to see if there have been any updates to be sure the Town remains in compliance.
Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this by-law to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (FBI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this by-law.
A. 
The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this by-law. The Town authorizes the Police Department to receive and utilize state and FBI records in connection with such background checks, consistent with this by-law. The state and FBI criminal history will not be disseminated to unauthorized entities. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants 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. The Police Department shall not utilize and/or transmit the results of the fingerprint-based criminal record background check to any licensing authority pursuant to this by-law until it has taken the steps detailed in this subsection.
B. 
Municipal officials should not deny an applicant the license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. The Police Department shall communicate the results of fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The Select Board, is authorized to promulgate regulations for the implementation of the proposed by-law, but in doing so it is recommended that it consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI’s requirements for access to the national database, and other applicable state laws.
A. 
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal 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 this by-law. A Town licensing authority may deny an application for a license on the basis of the results of a 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 an applicant's suitability in making this determination.
B. 
The Town or any of its officers, departments, boards, committees or other licensing authorities are hereby authorized to deny any application, including for renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this by-law.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be determined by the Select Board and shall not exceed $100. The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee ($30), as specified in Massachusetts General Laws Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system.
This by-law shall take effect upon approval of the Massachusetts Attorney General, so long as the requirements of MGL c. 40, § 32, are satisfied.