[HISTORY: Adopted 5-7-2012 Annual Town Meeting, Art. 25. Amendments noted where applicable.]
In order to protect the health, safety, and welfare of the inhabitants of the Town of Littleton, and as authorized by Chapter 6, Section 172B 1/2 of the Massachusetts General Laws, this bylaw shall require (a) applicants for a license listed in Section 74-2 below to submit to fingerprinting by the Littleton Police Department, (b) the Police Department to arrange for the conduct of fingerprint-based criminal record background checks, and (c) the Town to consider the results of such background checks in determining whether to grant such a license.
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 the behalf of the Town and its Police Department fingerprint-based
state and national criminal history records checks, including FBI
records, consistent with this bylaw. The Town authorizes the Police
Department to receive and utilize state and FBI records in connection
with such background checks, consistent with this bylaw. The Town
shall not disseminate criminal record information received from the
state or FBI to unauthorized persons or entities.
Any applicant for a license to engage in any of the following
occupational activities shall have a full set of fingerprints taken
by the Police Department for the purpose of conducting a state and
national fingerprint-based criminal history records check:
Manager of Alcoholic Beverage License
Hawkers, Peddlers, and Solicitors
Ice Cream Truck Vendor
Junk Dealers
Owner or Operator of a Public Conveyance
The Police Department will forward the full set of fingerprints
obtained pursuant to this Chapter either electronically or manually
to the State Identification Section of the Massachusetts State Police.
The Police Department shall provide the applicant with a copy
of the results of his or her fingerprint-based criminal background
check and supply the applicant with opportunity to complete, or challenge
the accuracy of, the information contained in it, including the state
and FBI identification record. Any applicant that wishes 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 and any applicable DCJIS policy.
The Police Department shall communicate the results of fingerprint-based
criminal history records check to the applicable Town licensing authority
(the "licensing authority"). The Police Department shall in addition
render to the licensing authority its evaluation of the applicant's
suitability for the proposed occupational activity based on the results
of the criminal records background check and any other relevant information
known to it. In rendering its evaluation, the Police Department shall
indicate whether the applicant has been convicted of, or in under
pending indictment for, a crime that bears upon his or her suitability
for the proposed occupational activity, or any felony or misdemeanor
that involved force or threat of force, controlled substances, or
a sex-related offense.
The licensing authority shall utilize the results of any fingerprint-based
criminal records background check performed pursuant to this Chapter
for the sole purpose of determining the applicant's suitability for
the proposed occupational activity. The licensing authority may deny
an application for any license specified herein, including renewals
and transfers thereof, if it determines that the results of the fingerprint-based
criminal records background check render the applicant is unsuitable
for the proposed occupational activity.
No application shall be denied on the basis of information contained
in a criminal record until the applicant has been afforded a reasonable
time, as determined by the licensing authority, to correct or complete
the information, or has declined to do so.
The Police Department, subject to the approval of the Select
Board, will develop and maintain written policies and procedures for
its licensing-related criminal record background check system.
Each applicant for a license listed in § 74-2 shall pay a fee of $100. A portion of said fee, as specified by Chapter 6, Section 172B 1/2 of the General Laws, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder shall be retained by the Town for costs associated with the administration of the system.
