[Adopted ATM 4-10-2018 , Art. 27, approved 7-2-2018]
A.
In order to protect the health, safety, and welfare of the inhabitants of the Town of Falmouth and as authorized by MGL c. 6, § 172B 1/2, as enacted by Chapter 256 of the Acts of 2010, this bylaw shall require a) applicants for certain Town licenses permitting engagement in specific occupational activities within the Town as enumerated in § 156-17 below to submit to fingerprinting by the Falmouth Police Department, b) the Police Department to conduct criminal record background checks based on such fingerprints, and c) 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 the behalf of the Town and its Police Department 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 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 Falmouth Police Department within ten (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
the suitability of the applicant for the license:
B.
Any new applicant for a manager of an alcoholic beverage license shall submit a full set of fingerprints taken by the Falmouth Police Department as in Subsection A above. Managers are then required to resubmit fingerprints every five (5) years from the anniversary of the last submission. Submittal of yearly fingerprints with annual license renewal applications is not required.
C.
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 § 156-17 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 records background checks of license applicants specified in § 156-17.
B.
The Police Department shall provide the applicant with a copy of
the results of his or her fingerprint-based criminal records background
check and supply the applicant the opportunity to complete or challenge
the accuracy of the information contained in it, 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 16.34 pertaining to FBI identification records. The
Police Department shall not utilize the fingerprint-based criminal
records background check pursuant to the subsection below until it
has taken steps detailed in this subsection and otherwise complied
with the Town's policy applicable to Town licensing related criminal
record background.
C.
The Police Department shall communicate the results of fingerprint-based
criminal record background checks to the applicable licensing authority
within the Town. 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 forces or threat of force, controlled
substances or a sex-related offense.
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 § 156-17. 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. 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, including,
but not limited to, the Town's policy applicable to licensing-related
criminal record checks which shall include record retention and confidentiality
requirements. The Town shall not disseminate the results of fingerprint-based
criminal background checks except as may be provided by law, regulation,
and Town policy. The Town shall not disseminate criminal record information
received from the FBI 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 initially be one hundred dollars ($100) and thereafter may be determined by the Board of Selectmen in accordance with Chapter 119 of the Code of Falmouth. A portion of the fee, as specified in MGL c. 6, § 172B 1/2 (currently $30), 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.
