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.