[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:
(1) 
[1]Hawker and peddler.
[1]
Editor's Note: Former Subsection A(1), Manager of alcoholic beverage license, was repealed 4-10-2023 ATM by Art. 30, approved 6-9-2023. This article also redesignated former Subsection A(2) through (5) as Subsection A(1) through (4), respectively.
(2) 
Owner or operator of public conveyance.
(3) 
Dealer of secondhand articles.
(4) 
Ice cream truck vendor.
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.
[Added 4-10-2023 ATM by Art. 30[2], approved 6-9-2023[3]]
[3]
Editor's Note: This article also redesignated former Subsection B as Subsection C.
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.