[Adopted 7-25-2011 by Ord. No. 2011-010]
To accept Section 23 Chapter 256 Acts of 2010 incorporated into
the Massachusetts General Laws as Chapter 6, Section 172B 1/2,
to create the following ordinance, enabling the Randolph Police Department
to conduct State and Federal Fingerprint Based Criminal History checks
for individuals applying for or in possession of certain licenses.
Those licenses shall be as follows: and may be amended from
time to time by a majority vote of the Randolph Town Council:
|
Licenses
|
Role
|
|---|---|
|
Class 1 (new cars)
|
Licensee
|
|
Class 2 (used cars)
|
Licensee
|
|
Class 3 (junk vehicles)
|
Licensee
|
|
Taxis/Livery/Limo
|
Licensee and each Driver
|
|
Psychic/Palm Reader
|
Licensee and each Reader or Psychic
|
|
Inn Holder
|
Licensee and Local Manager(s)
|
|
CVAA
|
See *1
|
|
CVBW
|
See *1
|
|
Package All-Alcoholic
|
Licensee and Local Manager
|
|
Package Beer and Wine
|
Licensee and Local Manager
|
|
Hawking
|
Each Hawker
|
|
Peddling
|
Each Peddler
|
|
Door to Door Sales People
|
Each Seller
|
|
Note: If role is identified to Licensee, please see *1.
| |
|---|---|
|
*1:
|
In the event that an applicant's manager of record is a
"Corporate, District Manager" then the fingerprints check shall be
of the senior manager at the location.
|
Any applicant, licensee, employee, or volunteer seeking the
privilege of the use of any one (1) or more of the above licenses
shall submit to having a set or sets of fingerprints taken by the
Randolph Police Department along with a fee of sixty dollars ($60)
to the Randolph Police Department.
A.
Upon receipt of the fingerprints and the fee, the Randolph Police
Department will submit those prints and conduct State and Federal
record checks. Those checks will include at a minimum a Massachusetts
check through the Department of Criminal Justice Information Services
(DCJIS) and the Federal Bureau of Investigation (FBI). Should it be
determined by the Randolph Police follow-up may be made to any of
the fifty (50) States, territories and possessions and Interpol as
may be required.
B.
The Police Department shall make a recommendation to the Town Council
and the Applicant as to the individual's fitness to obtain a
license, in rendering fitness, the Police Department will determine
if the subject has been convicted of (or is under pending indictment
for) a crime which bears upon his/her ability or fitness to hold said
license; this shall include any felony or misdemeanor.
C.
Should that recommendation be in the negative, the applicant shall
have the opportunity to be informed of the information received from
his/her criminal history used to make such determination from the
Randolph Police Department. If the Applicant disputes said record,
they may have the opportunity to correct said record by contacting
the CHSB, DCJIS, FBI or other submitting agency. In the case of a
pending negative recommendation, the Applicant may request a review
before the Police Chief, Chair of the Public Safety Committee of the
Council and the Town Attorney to vet the merits of the Applicant's
argument.
All existing licensees that have been permitted before September
1, 2011 shall be required to come into compliance with this ordinance
by September 1, 2014. Failure to comply may be cause to not renew
said license.
The Police Chief and the Town Manager shall be charged with
adopting policies and procedures to effectuate the purpose of this
Ordinance and may amend said policies and procedures from time to
time.
Note: If a "Manager" or "Licensee" shall change during the life
of the license that individual shall be required to conform to this
ordinance.
